[Congressional Record Volume 140, Number 138 (Wednesday, September 28, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 28, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
             H O U S E  O F  R E P R E S E N T A T I V E S


Vol. 140


WASHINGTON, WEDNESDAY, SEPTEMBER 28, 1994

No. 138--Part II


House of Representatives

  CONFERENCE REPORT ON H.R. 6, IMPROVING AMERICA'S SCHOOLS ACT OF 1994

  Mr. KILDEE submitted the following conference report and statement on 
the bill (H.R. 6) to extend for 5 years the authorizations of 
appropriations for the programs under the Elementary and Secondary 
Education Act of 1965, and for certain other purposes:

CONFERENCE REPORT (H. Rept. 103-761)
       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     6), to extend for five years the authorizations of 
     appropriations for the programs under the Elementary and 
     Secondary Education Act of 1965, and for certain other 
     purposes, having met, after full and free conference, have 
     agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     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--NATIONAL EDUCATION STATISTICS

                         TITLE V--MISCELLANEOUS

     SEC. 3. EFFECTIVE DATES; TRANSITION.

       (a) Effective Dates.--
       (1) Title i.--
       (A) Title I and 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 title VIII (Impact 
     Aid) 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.
       (B) Title VIII of the Elementary and Secondary Education 
     Act of 1965, as amended by title I of this Act, shall take 
     effect on the date of the enactment of this Act.
       (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 236 (equity for 
     students, teachers, and other program beneficiaries) 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. TABLE OF CONTENTS.

       ``This Act may be cited as the `Elementary and Secondary 
     Education Act of 1965'.
     ``TITLE I--HELPING DISADVANTAGED CHILDREN 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 1996 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;
       ``(4) while title I and other programs funded under this 
     Act contribute to narrowing the achievement gap between 
     children in high-poverty and low-poverty schools, such 
     programs need to become even more effective in improving 
     schools in order to enable all children to achieve high 
     standards; and
       ``(5) 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.
       ``(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) Conditions outside the classroom such as hunger, 
     unsafe living conditions, homelessness, unemployment, 
     violence, inadequate health care, child abuse, and drug and 
     alcohol abuse can adversely affect children's academic 
     achievement and must be addressed through the coordination of 
     services, such as health and social services, in order for 
     the Nation to meet the National Education Goals.
       ``(3) Use of low-level tests that are not aligned with 
     schools' curricula fails to provide adequate information 
     about what children know and can do and encourages curricula 
     and instruction that focus on the low-level skills measured 
     by such tests.
       ``(4) Resources are more effective when resources are used 
     to ensure that children have full access to effective high-
     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) Insufficient attention and resources are directed 
     toward the effective use of technology in schools and the 
     role technology can play in professional development and 
     improved teaching and learning.
       ``(7) 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.
       ``(8) 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.
       ``(9) Opportunities for students to achieve high standards 
     can be enhanced through a variety of approaches such as 
     public school choice and public charter schools.
       ``(10) 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.
       ``(11) Resources provided under this title can be better 
     targeted on the highest-poverty local educational agencies 
     and schools that have children most in need.
       ``(12) 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 knowledge and skills contained in the 
     challenging State content standards and to meet the 
     challenging State performance standards developed for all 
     children. This purpose shall be accomplished by--
       ``(1) ensuring high standards for all children and aligning 
     the efforts of States, local educational agencies, and 
     schools to help children served under this title to reach 
     such standards;
       ``(2) providing children an enriched and accelerated 
     educational program, including, when appropriate, the use of 
     the arts, through schoolwide programs or through additional 
     services that increase the amount and quality of 
     instructional time so that children served under this title 
     receive at least the classroom instruction that other 
     children receive;
       ``(3) promoting schoolwide reform and ensuring access of 
     children (from the earliest grades) to effective 
     instructional strategies and challenging academic content 
     that includes intensive complex thinking and problem-solving 
     experiences;
       ``(4) significantly upgrading the quality of instruction by 
     providing staff in participating schools with substantial 
     opportunities for 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 and schools where needs are greatest;
       ``(8) improving accountability, as well as teaching and 
     learning, by using State assessment systems designed to 
     measure how well children served under this title are 
     achieving challenging State student performance standards 
     expected of all children; and
       ``(9) providing greater decisionmaking authority and 
     flexibility to schools and teachers in exchange for greater 
     responsibility for student performance.

     ``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

        ``(a) Local Educational Agency Grants.--For the purpose of 
     carrying out part A, other than section 1120(e), there are 
     authorized to be appropriated $7,400,000,000 for fiscal year 
     1995 and such sums as may be necessary for each of the four 
     succeeding fiscal years.
        ``(b) Even Start.--For the purpose of carrying out part B, 
     there are authorized to be appropriated $118,000,000 for 
     fiscal year 1995 and such sums as may be necessary for each 
     of the four succeeding fiscal years.
        ``(c) Education of Migratory Children.--For the purpose of 
     carrying out part C, there are authorized to be appropriated 
     $310,000,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the four succeeding fiscal years.
        ``(d) Prevention and Intervention Programs for Youth Who 
     Are Neglected, Delinquent, or at Risk of Dropping Out.--For 
     the purpose of carrying out part D, there are authorized to 
     be appropriated $40,000,000 for fiscal year 1995 and such 
     sums as may be necessary for each of the four succeeding 
     fiscal years.
        ``(e) Capital Expenses.--For the purpose of carrying out 
     section 1120(e), there are authorized to be appropriated 
     $41,434,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the four succeeding fiscal years.
       ``(f) Additional Assistance for School Improvement.--For 
     the purpose of providing additional needed assistance to 
     carry out sections 1116 and 1117, there are authorized to be 
     appropriated such sums as may be necessary for fiscal year 
     1996 and each of the three succeeding fiscal years.
        ``(g) Federal Activities.--
       ``(1) Section 1501.--For the purpose of carrying out 
     section 1501, there are authorized to be appropriated 
     $9,000,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the four succeeding fiscal years.
       ``(2) Sections 1502 and 1503.--For the purpose of carrying 
     out sections 1502 and 1503, there are authorized to be 
     appropriated $50,000,000 for fiscal year 1995 and such sums 
     as may be necessary for each of the four succeeding fiscal 
     years.

     ``SEC. 1003. RESERVATION AND ALLOCATION FOR SCHOOL 
                   IMPROVEMENT.

       ``(a) Payment for School Improvement.--
       ``(1) In general.--Except as provided in paragraph (3), 
     each State may reserve for the proper and efficient 
     performance of its duties under subsections (c)(5) and (d) of 
     section 1116, and section 1117, one-half of 1 percent of the 
     funds allocated to the State under subsections (a), (c), and 
     (d), of section 1002 for fiscal year 1995 and each succeeding 
     fiscal year.
       ``(2) Minimum.--The total amount that may be reserved by 
     each State, other than the outlying areas, under this 
     subsection for any fiscal year, when added to amounts 
     appropriated for such fiscal year under section 1002(f) that 
     are allocated to the State under subsection (b), if any, may 
     not be less than $200,000. The total amount that may be 
     reserved by each outlying area under this subsection for any 
     fiscal year, when added to amounts appropriated for such 
     fiscal year under section 1002(f) that are allocated under 
     subsection (b) to the outlying area, if any, may not be less 
     than $25,000.
       ``(3) Special rule.--If the amount reserved under paragraph 
     (1) when added to the amount made available under section 
     1002(f) for a State is less than $200,000 for any fiscal 
     year, then such State may reserve such additional funds under 
     subsections (a), (c), and (d) of section 1002 as are 
     necessary to make $200,000 available to such State.
       ``(b) Additional State Allocations for School 
     Improvement.--From the amount appropriated under section 
     1002(f) for any fiscal year, each State shall be eligible to 
     receive an amount that bears the same ratio to the amount 
     appropriated as the amount allocated to the State under this 
     part (other than section 1120(e)) bears to the total amount 
     allocated to all States under this part (other than section 
     1120(e)).

   ``PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL 
                                AGENCIES

                ``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 and that is coordinated with other programs under 
     this Act, the Goals 2000: Educate America Act, and other 
     Acts, as appropriate, consistent with section 14306.
       ``(2) Consolidation plan.--A State plan submitted under 
     paragraph (1) may be submitted as part of a consolidation 
     plan under section 14302.
       ``(b) Standards and Assessments.--
       ``(1) Challenging standards.--(A) Each State plan shall 
     demonstrate that the State has developed or adopted 
     challenging content standards and challenging student 
     performance standards that will be used by the State, its 
     local educational agencies, and its schools to carry out this 
     part, except that a State shall not be required to submit 
     such standards to the Secretary.
       ``(B) If a State has State content standards or State 
     student performance standards developed under title III of 
     the Goals 2000: Educate America Act and 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 such standards and assessments, 
     modified, if necessary, to conform with the requirements of 
     subparagraphs (A) and (D) of this paragraph, and paragraphs 
     (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 and schedule 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, but including at least mathematics and reading or 
     language arts by the end of the one-year period described in 
     paragraph (6), which standards shall include the same 
     knowledge, skills, and levels of performance expected of all 
     children.
       ``(D) Standards under this paragraph shall include--
       ``(i) challenging content standards in academic subjects 
     that--
       ``(I) specify what children are expected to know and be 
     able to do;
       ``(II) contain coherent and rigorous content; and
       ``(III) encourage the teaching of advanced skills;
       ``(ii) challenging student performance standards that--
       ``(I) are aligned with the State's content standards;
       ``(II) describe two levels of high performance, proficient 
     and advanced, that determine how well children are mastering 
     the material in the State content standards; and
       ``(III) describe a third level of performance, partially 
     proficient, to provide complete information about the 
     progress of the lower performing children toward achieving to 
     the proficient and advanced levels of performance.
       ``(E) For the subjects in which students will be served 
     under this part, but for which a State is not required by 
     subparagraphs (A), (B) and (C) to develop, and has not 
     otherwise developed such standards, the State plan shall 
     describe a strategy for ensuring that such students are 
     taught the same knowledge and skills and held to the same 
     expectations as are all children.
       ``(2) Yearly progress.--
       ``(A) Each State plan shall demonstrate, based on 
     assessments described under paragraph (3), what constitutes 
     adequate yearly progress of--
       ``(i) any school served under this part toward enabling 
     children to meet the State's student performance standards; 
     and
       ``(ii) any local educational agency that received funds 
     under this part toward enabling children in schools receiving 
     assistance under this part to meet the State's student 
     performance standards.
       ``(B) Adequate yearly progress shall be defined in a 
     manner--
       ``(i) that is consistent with guidelines established by the 
     Secretary that result 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 proficient and advanced levels 
     of performance, particularly economically disadvantaged and 
     limited English proficient children; and
       ``(ii) that links progress primarily to performance on the 
     assessments carried out under this section while permitting 
     progress to be established in part through the use of other 
     measures.
       ``(3) Assessments.--Each State plan shall demonstrate that 
     the State has developed or adopted a set of high-quality, 
     yearly student assessments, including assessments in at least 
     mathematics and reading or language arts, 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 the State's challenging content and 
     student performance standards and provide coherent 
     information about student attainment of such standards;
       ``(C) be used for purposes for which such assessments are 
     valid and reliable, and be consistent with relevant, 
     nationally recognized professional and technical standards 
     for such assessments;
       ``(D) measure the proficiency of students in the academic 
     subjects in which a State has adopted challenging content and 
     student performance standards and be administered at some 
     time during--
       ``(i) grades 3 through 5;
       ``(ii) grades 6 through 9; and
       ``(iii) grades 10 through 12;
       ``(E) involve multiple up-to-date measures of student 
     performance, including measures that assess higher order 
     thinking skills and understanding;
       ``(F) provide for--
       ``(i) the participation in such assessments of all 
     students;
       ``(ii) the reasonable adaptations and accommodations for 
     students with diverse learning needs, necessary to measure 
     the achievement of such students relative to State content 
     standards; and
       ``(iii) the inclusion of limited English proficient 
     students who shall be assessed, to the extent practicable, in 
     the language and form most likely to yield accurate and 
     reliable information on what such students know and can do, 
     to determine such students' mastery of skills in subjects 
     other than English;
       ``(G) include students who have attended schools in a local 
     educational agency for a full academic year but have not 
     attended a single school for a full academic year, however 
     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;
       ``(H) provide individual student interpretive and 
     descriptive reports, which shall include scores, or other 
     information on the attainment of student performance 
     standards; and
       ``(I) enable results to be disaggregated within each State, 
     local educational agency, and school by gender, by each major 
     racial and ethnic group, by English proficiency status, by 
     migrant status, by students with disabilities as compared to 
     nondisabled students, and by economically disadvantaged 
     students as compared to students who are not economically 
     disadvantaged.
       ``(4) Special rule.--Assessment measures that do not meet 
     the requirements of paragraph (3)(C) may be included as one 
     of the multiple measures, if a State includes in the State 
     plan information regarding the State's efforts to validate 
     such measures.
       ``(5) Language assessments.--Each State plan shall identify 
     the languages other than English that are present in the 
     participating student population and indicate the languages 
     for which yearly student assessments are not available and 
     are needed. The State shall make every effort to develop such 
     assessments and may request assistance from the Secretary if 
     linguistically accessible assessment measures are needed. 
     Upon request, the Secretary shall assist with the 
     identification of appropriate assessment measures in the 
     needed languages through the Office of Bilingual Education 
     and Minority Languages Affairs.
       ``(6) Standard and assessment development.--(A) A State 
     that does not have challenging State content standards and 
     challenging State student performance standards, in at least 
     mathematics and reading or language arts, shall develop such 
     standards within one year of receiving funds under this part 
     after the first fiscal year for which such State receives 
     such funds after the date of enactment of the Improving 
     America's Schools Act of 1994.
       ``(B) A State that does not have assessments that meet the 
     requirements of paragraph (3) in at least mathematics and 
     reading or language arts shall develop and test such 
     assessments within four years (one year of which shall be 
     used for field testing such assessment), of receiving funds 
     under this part after the first fiscal year for which such 
     State receives such funds after the date of enactment of the 
     Improving America's Schools Act of 1994 and shall develop 
     benchmarks of progress toward the development of such 
     assessments that meet the requirements of paragraph (3), 
     including periodic updates.
       ``(C) The Secretary may extend for one additional year the 
     time for testing new assessments under subparagraph (B) upon 
     the request of the State and the submission of a strategy to 
     correct problems identified in the field testing of such new 
     assessments.
       ``(D) If, after the one-year period described in 
     subparagraph (A), a State does not have challenging State 
     content and challenging student performance standards in at 
     least mathematics and reading or language arts, a State shall 
     adopt a set of standards in these subjects such as the 
     standards and assessments contained in other State plans the 
     Secretary has approved.
       ``(E) If, after the four-year period described in 
     subparagraph (B), a State does not have assessments, in at 
     least mathematics and reading or language arts, that meet the 
     requirement of paragraph (3), and is denied an extension 
     under subparagraph (C), a State shall adopt an assessment 
     that meets the requirement of paragraph (3) such as one 
     contained in other State plans the Secretary has approved.
       ``(7) Transitional assessments.--(A) If a State does not 
     have assessments that meet the requirements of paragraph (3) 
     and proposes to develop such assessments under paragraph 
     (6)(B), the State may propose to use a transitional set of 
     yearly statewide assessments that will assess the performance 
     of complex skills and challenging subject matter.
       ``(B) For any year in which a State uses transitional 
     assessments, the State shall devise a procedure for 
     identifying local educational agencies under paragraphs (3) 
     and (7) of section 1116(d), and schools under paragraphs (1) 
     and (7) of section 1116(c), that rely on accurate information 
     about the academic progress of each such local educational 
     agency and school.
       ``(8) Requirement.--Each State plan shall describe--
       ``(A) how the State educational agency will 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)(1)(D), 1114(b), and 1115(c) that is 
     applicable to such agency or school; and
       ``(B) such other factors the State deems appropriate (which 
     may include opportunity-to-learn standards or strategies 
     developed under the Goals 2000: Educate America Act) to 
     provide students an opportunity to achieve the knowledge and 
     skills described in the challenging content standards adopted 
     by the State.
       ``(c) Other Provisions To Support Teaching and Learning.--
     Each State plan shall contain assurances that--
       ``(1)(A) the State educational agency will implement a 
     system of school support teams under section 1117(c), 
     including provision of necessary professional development for 
     those teams;
       ``(B) the State educational agency will work with other 
     agencies, including educational service agencies or other 
     local consortia, and institutions to provide technical 
     assistance to local educational agencies and schools to carry 
     out the State educational agency's responsibilities under 
     this part, including technical assistance in providing 
     professional development under section 1119 and technical 
     assistance under section 1117; and
       ``(C)(i) where educational service agencies exist, the 
     State educational agency will consider providing professional 
     development and technical assistance through such agencies; 
     and
       ``(ii) where educational service agencies do not exist, the 
     State educational agency will consider providing professional 
     development and technical assistance through other 
     cooperative agreements such as through a consortium of local 
     educational agencies;
       ``(2) the State educational agency will notify local 
     educational agencies and the public of the standards and 
     assessments developed under this section, and of the 
     authority to operate schoolwide programs, and will fulfill 
     the State educational agency's responsibilities regarding 
     local educational agency improvement and school improvement 
     under section 1116, including such corrective actions as are 
     necessary;
       ``(3) 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;
       ``(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;
       ``(5) the Committee of Practitioners established under 
     section 1603(b) will be substantially involved in the 
     development of the plan and will continue to be involved in 
     monitoring the plan's implementation by the State; and
       ``(6) the State will coordinate activities funded under 
     this part with school-to-work, vocational education, 
     cooperative education and mentoring programs, and 
     apprenticeship programs involving business, labor, and 
     industry, as appropriate.
       ``(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) appoint individuals to the peer review process who 
     are representative of State educational agencies, local 
     educational agencies, teachers, and parents;
       ``(C) following an initial peer review, approve a State 
     plan the Secretary determines meets the requirements of 
     subsections (a), (b), and (c); and
       ``(D) if the Secretary determines that the State plan does 
     not meet the requirements of subsection (a), (b), or (c), 
     immediately notify the State of such determination and the 
     reasons for such determination;
       ``(E) not decline to approve a State's plan before--
       ``(i) offering the State an opportunity to revise its plan;
       ``(ii) providing technical assistance in order to assist 
     the State to meet the requirements under subsections (a), 
     (b), and (c); and
       ``(iii) providing a hearing; and
       ``(F) have the authority to disapprove a State plan for not 
     meeting the requirements of this part, but shall not have the 
     authority to 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 1117 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) Limitation on Conditions.--Nothing in this part 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 student performance standards and assessments, 
     opportunity-to-learn standards or strategies, curriculum, or 
     program of instruction, as a condition of eligibility to 
     receive funds under this part.
       ``(g) Prohibition.--Nothing in this Act shall be construed 
     to require any State educational agency, local educational 
     agency, or school, to implement opportunity-to-learn 
     standards or strategies developed by such State under the 
     Goals 2000: Educate America Act.
       ``(h) 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.--
       ``(1) Subgrants.--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, 
     approved by the State educational agency, that is coordinated 
     with other programs under this Act, the Goals 2000: Educate 
     America Act, and other Acts, as appropriate, as specified in 
     section 14306.
       ``(2) Consolidated application.--The plan may be submitted 
     as part of a consolidated application under section 14304.
       ``(b) Plan Provisions.--Each local educational agency plan 
     shall include--
       ``(1) a description of additional high-quality student 
     assessments, if any, other than the assessments described in 
     the State plan under section 1111, that the local educational 
     agency and schools served under this part will use to--
       ``(A) determine the success of children served under this 
     part in meeting the State's student performance standards and 
     provide information to teachers, parents, and students on the 
     progress being made toward meeting the State student 
     performance standards described in section 1111(b)(1)(D)(ii);
       ``(B) assist in diagnosis, teaching, and learning in the 
     classroom in ways that best enable children served under this 
     part to meet State standards and do well in the local 
     curriculum; and
       ``(C) determine what revisions are needed to projects under 
     this part so that such children will meet the State's student 
     performance standards;
       ``(2) at the local educational agency's discretion, a 
     description of any other indicators that will be used in 
     addition to the assessments described in paragraph (1) for 
     the uses described in such paragraph;
       ``(3) a description of the strategy the local educational 
     agency will use to provide professional development for 
     teachers, and, where appropriate, pupil services personnel, 
     administrators, parents and other staff, including local 
     educational agency level staff in accordance with section 
     1119;
       ``(4) a description of how the local educational agency 
     will coordinate and integrate services provided under this 
     part with other educational services at the local educational 
     agency or individual school level, such as--
       ``(A) Even Start, Head Start, and other preschool programs, 
     including plans for the transition of participants in such 
     programs to local elementary school programs, vocational 
     education programs, and school-to-work transition programs; 
     and
       ``(B) services for children with limited English 
     proficiency or with disabilities, migratory children served 
     under part C or who were formerly eligible for services under 
     part C in the two-year period preceding the date of the 
     enactment of the Improving America's School Act of 1994, 
     neglected or delinquent youth and youth at risk of dropping 
     out served under part D, homeless children, and immigrant 
     children in order to increase program effectiveness, 
     eliminate duplication, and reduce fragmentation of the 
     instructional program;
       ``(5) a description of the poverty criteria that will be 
     used to select school attendance areas under section 1113;
       ``(6) a description of how teachers, in consultation with 
     parents, administrators, and pupil services personnel, in 
     targeted assistance schools under section 1115, will identify 
     the eligible children most in need of services under this 
     part;
       ``(7) a general description of the nature of the programs 
     to be conducted by such agency's schools under sections 1114 
     and 1115 and, where appropriate, educational services outside 
     such schools for children living in local institutions for 
     neglected or delinquent children, for neglected and 
     delinquent children in community day school programs, and for 
     eligible homeless children;
       ``(8) a description of how the local educational agency 
     will ensure that migratory children and formerly migratory 
     children who are eligible to receive services under this part 
     are selected to receive such services on the same basis as 
     other children who are selected to receive services under 
     this part;
       ``(9) where appropriate, a description of how the local 
     educational agency 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, agencies 
     operating Even Start programs, or another comparable public 
     early childhood development program.
       ``(c) Assurances.--
       ``(1) In general.--Each local educational agency plan shall 
     provide assurances that the local educational agency will--
       ``(A) inform eligible schools and parents of schoolwide 
     project authority;
       ``(B) provide technical assistance and support to 
     schoolwide programs;
       ``(C) work in consultation with schools as the schools 
     develop the schools' plans pursuant to section 1114 and 
     assist schools as the schools implement such plans or 
     undertake activities pursuant to section 1115 so that each 
     school can make adequate yearly progress toward meeting the 
     State content standards and State student performance 
     standards;
       ``(D) fulfill such agency's school improvement 
     responsibilities under section 1116, including taking 
     corrective actions under section 1116(c)(4);
       ``(E) coordinate and collaborate, to the extent feasible 
     and necessary as determined by the local educational agency, 
     with other agencies providing services to children, youth, 
     and families, including health and social services;
       ``(F) provide services to eligible children attending 
     private elementary and secondary schools in accordance with 
     section 1120, and timely and meaningful consultation with 
     private school officials regarding such services;
       ``(G) take into account the experience of model programs 
     for the educationally disadvantaged, and the findings of 
     relevant research indicating that services may be most 
     effective if focused on students in the earliest grades at 
     schools that receive funds under this part; and
       ``(H) beginning in fiscal year 1997 and in the case that a 
     local educational agency chooses to use 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.
       ``(2) Special rule.--In carrying out subparagraph (H) of 
     paragraph (1) the Secretary--
       ``(A) in fiscal year 1995, shall consult with the Secretary 
     of Health and Human Services on the implementation of such 
     subparagraph and shall establish procedures (taking into 
     consideration existing State and local laws, and local 
     teacher contracts) to assist local educational agencies to 
     comply with such subparagraph; and
       ``(B) in fiscal year 1996, shall disseminate to local 
     educational agencies the Head Start Performance Standards 
     revised pursuant to section 641A(a) of the Head Start Act, 
     and such agencies effected by such subparagraph shall plan 
     for the implementation of such subparagraph (taking into 
     consideration existing State and local laws, and local 
     teacher contracts), including pursuing the availability of 
     other Federal, State, and local funding sources to assist in 
     compliance with such subparagraph.
       ``(3) Inapplicability.--The provisions of this subsection 
     shall not apply to preschool programs using the Even Start 
     model or to Even Start programs which are expanded through 
     the use of funds under this part.
       ``(d) Plan Development and Duration.--Each local 
     educational agency plan shall--
       ``(1) be developed in consultation with teachers, including 
     vocational teachers, and pupil services personnel, where 
     appropriate, and parents of children in schools served under 
     this part; and
       ``(2)(A) remain in effect for the duration of the local 
     educational agency's participation under this part; and
       ``(B) periodically be reviewed and revised, as necessary, 
     to reflect changes in the local educational agency's 
     strategies and programs.
       ``(e) State Approval.--
       ``(1) In general.--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 one year after the date of enactment 
     of the Improving America's Schools Act of 1994 to have such 
     plan provisionally approved by the State educational agency 
     and not more than two years after the date of enactment of 
     such Act to have such plan finally approved by the State 
     educational agency.
       ``(2) 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 expected of all children described in section 
     1111(b)(1).
       ``(3) Review.--The State educational agency shall review 
     the local educational agency's plan to
     determine if such agency's professional development 
     activities are in accordance with section 1119.
       ``(f) Program Responsibility.--The local educational agency 
     plan shall reflect the shared responsibility of schools, 
     teachers, and the local educational agency in making 
     decisions regarding activities under sections 1114 and 1115.

     ``SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.

       ``(a) Determination.--
       ``(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 at least as high as the 
     percentage of children from low-income families in the local 
     educational agency as a whole.
       ``(3) Ranking order.--If funds allocated in accordance with 
     subsection (c) are insufficient to serve all eligible school 
     attendance areas, a local educational agency shall--
       ``(A) annually rank, without regard to grade spans, such 
     agency's eligible school attendance areas in which the 
     concentration of children from low-income families exceeds 75 
     percent from highest to lowest according to the percentage of 
     children from low-income families; and
       ``(B) serve such eligible school attendance areas in rank 
     order.
       ``(4) Remaining funds.--If funds remain after serving all 
     eligible school attendance areas under paragraph (3), a local 
     educational agency shall--
       ``(A) annually rank such agency's remaining eligible school 
     attendance areas from highest to lowest either by grade span 
     or for the entire local educational agency according to the 
     percentage of children from low-income families; and
       ``(B) serve such eligible school attendance areas in rank 
     order either within each grade-span grouping or within the 
     local educational agency as a whole.
       ``(5) Measures.--The local educational agency shall use the 
     same measure of poverty, which measure shall be the number of 
     children ages 5 through 17 in poverty counted in the most 
     recent census data approved by the Secretary, the number of 
     children eligible for free and reduced priced lunches under 
     the National School Lunch Act, the number of children in 
     families receiving assistance under the Aid to Families with 
     Dependent Children program, or the number of children 
     eligible to receive medical assistance under the Medicaid 
     program, or a composite of such indicators, with respect to 
     all school attendance areas in the local educational agency--
       ``(A) to identify eligible school attendance areas;
       ``(B) to determine the ranking of each area; and
       ``(C) to determine allocations under subsection (c).
       ``(6) Exception.--This subsection shall not apply to a 
     local educational agency with a total enrollment of less than 
     1,000 children.
       (7) Waiver for desegregation plans.--The Secretary may 
     approve a local educational agency's written request for a 
     waiver of the requirements of subsections (a) and (c), and 
     permit such agency to treat as eligible, and serve, any 
     school that children attend with a State-ordered or a court-
     ordered school desegregation plan or a plan that continues to 
     be implemented in accordance with State-ordered or court-
     ordered desegregation plan, if (A) the number of economically 
     disadvantaged children enrolled in the school is at least 25 
     percent of the school's total enrollment; and (B) the 
     Secretary determines on the basis of a written request from 
     such agency and in accordance with such criteria as the 
     Secretary establishes, that approval of that request would 
     further the purposes of this pact.
       ``(b) Local Educational Agency Discretion.--
       ``(1) In general.--Notwithstanding subsection (a)(2), a 
     local educational agency may--
       ``(A) designate as eligible any school attendance area or 
     school in which at least 35 percent of the children are from 
     low-income families;
       ``(B) 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)(i) elect not to serve an eligible school attendance 
     area or eligible school that has a higher percentage of 
     children from low-income families if--
       ``(I) the school meets the comparability requirements of 
     section 1120A(c);
       ``(II) the school is receiving supplemental funds from 
     other State or local sources that are spent according to the 
     requirements of section 1114 or 1115; and
       ``(III) the funds expended from such other sources equal or 
     exceed the amount that would be provided under this part.
       ``(2) Special rule.--Notwithstanding paragraph (1)(C), the 
     number of children attending private elementary and secondary 
     schools who are to receive services, and the assistance such 
     children are to receive under this part, shall be determined 
     without regard to whether the public school attendance area 
     in which such children reside is assisted under paragraph 
     (1).
       ``(c) Allocations.--
       ``(1) In general.--A local educational agency shall 
     allocate funds received under this part to eligible school 
     attendance areas or eligible schools, identified under 
     subsection (a) or (b), in rank order, on the basis of the 
     total number of children from low-income families in each 
     area or school.
       ``(2) 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 125 percent of the per pupil amount of funds a local 
     educational agency received for that year under the poverty 
     criteria 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 35 
     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) where appropriate, eligible homeless children who do 
     not attend participating schools, including providing 
     educationally related support services to children in 
     shelters;
       ``(B) children in local institutions for neglected or 
     delinquent children; and
       ``(C) where appropriate, neglected and delinquent children 
     in community day school programs.

     ``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) For the school year 1995-1996--
       ``(i) the school serves an eligible school attendance area 
     in which not less than 60 percent of the children are from 
     low-income families; or
       ``(ii) not less than 60 percent of the children enrolled in 
     the school are from such families.
       ``(B) For the school year 1996-1997 and subsequent years--
       ``(i) the school serves an eligible school attendance area 
     in which not less than 50 percent of the children are from 
     low-income families; or
       ``(ii) not less than 50 percent of the children enrolled in 
     the school are from such families.
       ``(2) State assurances.--(A) A local educational agency may 
     start new schoolwide programs under this section only after 
     the State educational agency provides written information to 
     each local educational agency in the State that demonstrates 
     that such State agency has established the statewide system 
     of support and improvement required by subsections (c)(1) and 
     (e) of section 1117.
       ``(B) A school that desires to initiate a schoolwide 
     program under this section prior to the establishment of the 
     statewide system of support and improvement required in 
     subsections (c)(1) and (e) of section 1117 shall demonstrate 
     to the local educational agency that such school has received 
     high quality technical assistance and support from other 
     providers of assistance such as comprehensive technical 
     assistance centers, regional laboratories, institutions of 
     higher education, educational service agencies, or other 
     local consortia.
       ``(3) Identification.--(A) No school participating in a 
     schoolwide program shall be required to identify particular 
     children under this part 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.
       ``(4) 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 this 
     section 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.
       ``(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.
       ``(5) Professional development.--Each school receiving 
     funds under this part for any fiscal year shall devote 
     sufficient resources to effectively carry out the activities 
     described in subsection (b)(1)(D) in accordance with section 
     1119 for such fiscal year, except that a school may enter 
     into a consortium with another school to carry out such 
     activities.
       ``(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 student performance 
     described in section 1111(b)(1)(D);
       ``(ii) are based on effective means of improving the 
     achievement of children;
       ``(iii) use effective instructional strategies, which may 
     include the integration of vocational and academic learning 
     (including applied learning and team teaching strategies), 
     that--

       ``(I) increase the amount and quality of learning time, 
     such as providing an extended school year and before- and 
     after-school and summer programs and opportunities, and help 
     provide an enriched and accelerated curriculum; and
       ``(II) include strategies for meeting the educational needs 
     of historically underserved populations, including girls and 
     women;

       ``(iv)(I) address the needs of all children in the school, 
     but particularly the needs of 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, comprehensive career 
     development, occupational information, enhancement of 
     employability skills and occupational skills, personal 
     finance education, job placement services, and innovative 
     teaching methods which may include applied learning and team 
     teaching strategies;
       ``(cc) services to prepare students for the transition from 
     school to work, including the formation of partnerships 
     between elementary, middle, and secondary schools and local 
     businesses, and the integration of school-based and work-
     based learning; and
       ``(dd) incorporation of gender-equitable methods and 
     practices; and

       ``(II) address how the school will determine if such needs 
     have been met; and
       ``(vii) 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) Instruction by highly qualified professional staff.
       ``(D) In accordance with section 1119 and subsection 
     (a)(5), professional development for teachers and aides, and, 
     where appropriate, pupil services personnel, parents, 
     principals, and other staff to enable all children in the 
     school to meet the State's student performance standards.
       ``(E) Strategies to increase parental involvement, such as 
     family literary services.
       ``(F) Plans for assisting preschool children in the 
     transition from early childhood programs, such as Head Start, 
     Even Start, or a State-run preschool program, to local 
     elementary school programs.
       ``(G) Measures to include teachers in the decisions 
     regarding the use of assessments described in section 
     1112(b)(1) in order to provide information on, and to 
     improve, the performance of individual students and the 
     overall instructional program.
       ``(H) Activities 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 and its 
     school support team or other technical assistance provider 
     under subsections (c)(1) and (e) of section 1117, 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 subsection 
     (a)(4) that will be included in the schoolwide program;
       ``(iv) describes how the school will provide individual 
     student assessment results, including an interpretation of 
     those results, to the parents of a child who participates in 
     the assessment required by section 1111(b)(3);
       ``(v) provides for the collection of data on the 
     achievement and assessment results of students disaggregated 
     by gender, major ethnic or racial groups, limited English 
     proficiency status, migrant students, and by children with 
     disabilities as compared to other students, and by 
     economically disadvantaged students as compared to students 
     who are not economically disadvantaged;
       ``(vi) seeks to produce statistically sound results for 
     each category for which assessment results are disaggregated 
     through the use of oversampling or other means; and
       ``(vii) provides for the public reporting of disaggregated 
     data only when such reporting is statistically sound.
       ``(B) Plans developed before a State has adopted standards 
     and a set of assessments that meet the criteria 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 during a one-year period, unless--
       ``(I) the local educational agency, after considering the 
     recommendation of the technical assistance providers under 
     subsections (c) and (e) of section 1117, 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 such 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 with the involvement of the community to 
     be served and individuals who will carry out such plan, 
     including teachers, principals, other staff, and, where 
     appropriate, pupil services personnel, and parents, and, if 
     the plan relates to a secondary school, students from such 
     school;
       ``(iii) in effect for the duration of the school's 
     participation under this part and reviewed and revised, as 
     necessary, by the school;
       ``(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; and
       ``(v) where appropriate, developed in coordination with 
     programs under the School-to-Work Opportunities Act of 1994, 
     the Carl D. Perkins Vocational and Applied Technology 
     Education Act, and the National and Community Service Act of 
     1990.
       ``(c) Accountability.--A schoolwide program under this 
     section shall be subject to the school improvement provisions 
     of section 1116.

     ``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 eligible children under subsection (b) identified 
     as having the greatest need for special assistance.
       ``(b) Eligible Children.--
       ``(1) Eligible population.--(A) The eligible population for 
     services under this part is--
       ``(i) children not older than age 21 who are entitled to a 
     free public education through grade 12; and
       ``(ii) children who are not yet at a grade level where the 
     local educational agency provides a free public education, 
     yet are of an age at which such children can benefit from an 
     organized instructional program provided in a school or other 
     educational setting.
       ``(B) From the population described in subparagraph (A), 
     eligible children are children identified by the school as 
     failing, or most at risk of failing, to meet the State's 
     challenging student performance standards on the basis of 
     multiple, educationally related, objective criteria 
     established by the local educational agency and supplemented 
     by the school, except that children from preschool through 
     grade two shall be selected solely on the basis of such 
     criteria as teacher judgment, interviews with parents, and 
     developmentally appropriate measures.
       ``(2) Children included.--(A)(i) Children who are 
     economically disadvantaged, children with disabilities, 
     migrant children or limited English proficient children, are 
     eligible for services under this part on the same basis as 
     other children selected to receive services under this part.
       ``(ii) Funds received under this part may not be used to 
     provide services that are otherwise required by law to be 
     made available to such children but may be used to coordinate 
     or supplement such services.
       ``(B) A child who, 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, is eligible for services 
     under this part.
       ``(C)(i) A child who, at any time in the two years 
     preceding the year for which the determination is made, 
     received services under the program for youth who are 
     neglected, delinquent, or at risk of dropping out under part 
     D (or its predecessor authority) may be eligible for services 
     under this part.
       ``(ii) A child in a local institution for neglected or 
     delinquent children or attending a community day program for 
     such children may be eligible for services under this part.
       ``(D) A child who is homeless and attending any school in 
     the local educational agency may be eligible for services 
     under this part.
       ``(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) give primary consideration to providing extended 
     learning time such as an extended school year, before- and 
     after-school, and summer, programs and opportunities;
       ``(ii) help provide an accelerated, high-quality 
     curriculum, including applied learning; and
       ``(iii) minimize removing children from the regular 
     classroom during regular school hours for instruction 
     provided under this part;
       ``(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, comprehensive career 
     development, occupational information, enhancement of 
     employability skills and occupational skills, personal 
     finance education, job placement services, and innovative 
     teaching methods which may include applied learning and team 
     teaching strategies;
       ``(iii) services to prepare students for the transition 
     from school to work, including the formation of partnerships 
     between elementary, middle, and secondary schools and local 
     businesses, and the integration of school-based and work-
     based learning; 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) in accordance with subsection (e)(3) and section 
     1119, provide opportunities for professional development with 
     resources provided under this part, and from other sources to 
     the extent feasible, 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
       ``(H) provide strategies to increase parental involvement, 
     such as family literary services.
       ``(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) reviewing, on an ongoing basis, the progress of 
     participating children and revising the targeted assistance 
     program, if necessary, to provide additional assistance to 
     enable such children to meet the State's challenging student 
     performance standards, such as an extended school year, 
     before- and after-school, and summer, programs and 
     opportunities, training for teachers regarding how to 
     identify students that require additional assistance, and 
     training for teachers regarding how to implement student 
     performance standards in the classroom.
       ``(d) 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, if such collaborative teaching directly benefits 
     participating children.
       ``(e) Special Rules.--
       ``(1) Simultaneous service.--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.
       ``(2) 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 a portion of the 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 necessary to assist 
     teachers, pupil services personnel, other staff, and parents 
     in identifying and meeting the comprehensive needs of 
     eligible children.
       ``(3) Professional development.--Each school receiving 
     funds under this part for any fiscal year shall devote 
     sufficient resources to effectively carry out the 
     professional development activities described in subparagraph 
     (G) of subsection (c)(1) in accordance with section 1119, for 
     such fiscal year, except that a school may enter into a 
     consortium with another school to carry out such activities.

     ``SEC. 1115A. SCHOOL CHOICE.

       ``(a) Choice Programs.--A local educational agency may use 
     funds under this part, in combination with State, local, and 
     private funds, to develop and implement choice programs, for 
     children eligible for assistance under this part, which 
     permit parents to select the public school that their 
     children will attend.
       ``(b) Choice Plan.--A local educational agency that chooses 
     to implement a school choice plan shall first develop a 
     comprehensive plan that includes assurances that--
       ``(1) all eligible students across grade levels will have 
     equal access to the program;
       ``(2) the program does not include schools which follow a 
     racially discriminatory policy;
       ``(3) describe how the school will use resources under this 
     part and from other sources to implement the plan;
       ``(4) describe how the school will provide individual 
     student assessment results, including an interpretation of 
     such results, to the parents of a child who participates in 
     the assessment required by section 1111(b)(3);
       ``(5) the plan will be developed with the involvement of 
     the community to be served and individuals who will carry out 
     the plan, including teachers, principals, and other staff, 
     parents, and, if the plan relates to a secondary school, 
     students from the school;
       ``(6) the plan will be made available to parents and the 
     public;
       ``(7) the program will not include schools that do not 
     receive funds under this part;
       ``(8) the program will not use funds under this part to pay 
     for transportation costs;
       ``(9) both the sending and receiving schools agree to the 
     student transfer; and
       ``(10) such local educational agency will comply with the 
     other requirements of this part.

     ``SEC. 1116. 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 (2) of all schools served 
     under this part in individual school performance profiles 
     that include statistically sound disaggregated results as 
     required by section 1111(b)(3)(I); and
       ``(4) provide the results of the local annual review to 
     schools so that the schools 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) Designation of Distinguished Schools.--Each State 
     educational agency and local educational agency receiving 
     funds under this part shall designate distinguished schools 
     in accordance with section 1117.
       ``(c) School Improvement.--
       ``(1) In general.--A local educational agency shall 
     identify for school improvement any school served under this 
     part that--
       ``(A) 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;
       ``(B) 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 targeted assistance school, such 
     school may be reviewed on the progress of only those students 
     that have been or are served under this part; or
       ``(C) has failed to meet the criteria established by the 
     State through the State's transitional procedure under 
     section 1111(b)(7)(B) for two consecutive years.
       ``(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, which may 
     include reviewing the schools' plan in the context of the 
     opportunity-to-learn standards or strategies developed by 
     such State under the Goals 2000: Educate America Act; and
       ``(ii) submit the plan or revised plan to the local 
     educational agency for approval.
       ``(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 for 
     statistical or other substantive reasons, such school may 
     provide evidence to the local educational agency to support 
     such belief.
       ``(C) During the first year immediately following such 
     identification, the school shall implement such school's plan 
     or revised plan.
       ``(3) Professional development.--(A) Each school identified 
     under paragraph (1) shall, as part of the school plan under 
     paragraph (2), improve the skills of its staff by providing 
     effective professional development activities. A school shall 
     demonstrate such school's compliance with this paragraph by--
       ``(i) devoting to such activities, over two consecutive 
     years, an amount equivalent to at least 10 percent of the 
     funds received by the school under this part during one 
     fiscal year; or
       ``(ii) otherwise demonstrating that such school is 
     effectively carrying out professional development activities.
       ``(B) A school may use funds from any source to meet the 
     requirements of this subsection.
       ``(C) Decisions about how to use the funds made available 
     under this part which the school makes available for 
     professional development shall be made by teachers, 
     principals, and other school staff in that school.
       ``(4) Technical assistance.--(A) For each school identified 
     under paragraph (1), the local educational agency shall 
     provide technical or other assistance as the school develops 
     and implements such school's plan or revised plan, such as a 
     joint plan between the local educational agency and school 
     that addresses specific elements of student performance 
     problems and that specifies school and local educational 
     agency responsibilities under the plan, and waivers or 
     modifications of requirements of local educational agency 
     policy or regulation that impede the ability of the school to 
     educate students.
       ``(B) Such technical assistance may be provided directly by 
     the local educational agency, through mechanisms authorized 
     under section 1117, or with the local educational agency's 
     approval, by an institution of higher education, a private 
     nonprofit organization, an educational service agency, a 
     comprehensive regional assistance center under part A of 
     title XIII, or other entities with experience in helping 
     schools improve achievement.
       ``(5) Corrective action.--(A) Except as provided in 
     subparagraph (C), after providing technical assistance 
     pursuant to paragraph (4) and taking other remediation 
     measures, the local educational agency may take corrective 
     action at any time against a school that has been identified 
     under paragraph (1), but, during the third year following 
     identification under paragraph (1), shall take such action 
     against any school that still fails to make adequate 
     progress.
       ``(B)(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) interagency collaborative agreements between the 
     school and other public agencies to provide health, 
     counseling, and other social services needed to remove 
     barriers to learning;
       ``(III) revoking authority for a school to operate a 
     schoolwide program;
       ``(IV) decreasing decisionmaking authority at the school 
     level;
       ``(V) making alternative governance arrangements such as 
     the creation of a public charter school;
       ``(VI) reconstituting the school staff;
       ``(VII) authorizing students to transfer, including 
     transportation costs, to other public schools served by the 
     local educational agency; and
       ``(VIII) implementing opportunity-to-learn standards or 
     strategies developed by such State under the Goals 2000: 
     Educate America Act.
       ``(ii) Notwithstanding clause (i), corrective actions taken 
     pursuant to this part shall not include the actions described 
     in subclauses (I), (III), (IV), (VI), or (VII) of clause (i) 
     until the State has developed assessments that meet the 
     requirements of subparagraph (C) of section 1111(b)(3).
       ``(C) Prior to implementing any corrective action, the 
     local educational agency may refrain from such corrective 
     action for one additional year to the extent that the failure 
     to make progress can be attributed to extenuating 
     circumstances as determined by the local educational agency.
       ``(D) A school that is no longer operating its schoolwide 
     program due to a corrective action may not resume operation 
     of such a program until the local educational agency 
     determines that the school has adequately reformed its 
     schoolwide program plan to enable the school to make adequate 
     progress toward meeting the State's challenging student 
     performance standards.
       ``(6) State educational agency responsibilities.--The State 
     educational agency shall--
       ``(A) make technical assistance under section 1117 
     available to the schools farthest from meeting the State's 
     challenging student performance standards, if requested by 
     the school or local educational agency; and
       ``(B) if such agency determines that a local educational 
     agency failed to carry out the local educational agency's 
     responsibilities under paragraphs (4) and (5), take such 
     corrective actions as the State educational agency deems 
     appropriate and which are in compliance with State law.
       ``(7) 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.
       ``(d) 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 schools receiving assistance under this 
     part are 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 
     statistically sound disaggregated results, as required by 
     section 1111(b)(3)(I).
       ``(2) Rewards.--In the case of a local educational agency 
     that for three consecutive years has met or 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 paragraph (2) of section 1117(c).
       ``(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 operating targeted 
     assistance 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 such State's transitional procedure under 
     section 1111(b)(7)(B) 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 due to statistical 
     or other substantive reasons, such local educational agency 
     may provide evidence to the State educational agency to 
     support such belief.
       ``(4) Local educational agency revisions.--(A) 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 
     under this part in meeting the State's student performance 
     standards.
       ``(B) Such revision shall include determining why the local 
     educational agency's plan failed to bring about increased 
     achievement, and may include reviewing the local educational 
     agency's plan in the context of the opportunity-to-learn 
     standards or strategies developed by such State under the 
     Goals 2000: Educate America Act.
       ``(5) State educational agency responsibility.--(A) For 
     each local educational agency identified under paragraph (3), 
     the State educational agency shall--
       ``(i) provide technical or other assistance, if requested, 
     as authorized under section 1117, to better enable the local 
     educational agency to--
       ``(I) develop and implement the local educational agency's 
     revised plan; and
       ``(II) work with schools needing improvement; and
       ``(ii) make available to the local educational agencies 
     farthest from meeting the State's standards, if requested, 
     assistance under section 1117.
       ``(B) Technical or other assistance may be provided by the 
     State educational agency directly, or by an institution of 
     higher education, a private nonprofit organization, an 
     educational service agency or other local consortium, a 
     technical assistance center, or other entities with 
     experience in assisting local educational agencies improve 
     achievement, and may include--
       ``(i) 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; and
       ``(ii) 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.
       ``(6) Corrective action.--(A) Except as provided in 
     subparagraph (C), after providing technical assistance 
     pursuant to paragraph (5) and taking other remediation 
     measures, the State educational agency may take corrective 
     action at any time against a local educational agency that 
     has been identified under paragraph (3), but, during the 
     fourth year following identification under paragraph (3), 
     shall take such action against any local educational agency 
     that still fails to make adequate progress.
       ``(B)(i) Corrective actions are those actions, consistent 
     with State law, determined and made public and disseminated 
     by the State educational agency, which may include--
       ``(I) the withholding of funds;
       ``(II) reconstitution of school district personnel;
       ``(III) removal of particular schools from the jurisdiction 
     of the local educational agency and establishment of 
     alternative arrangements for public governance and 
     supervision of such schools;
       ``(IV) implementation of the opportunity-to-learn standards 
     or strategies developed by such State under the Goals 2000: 
     Educate America Act;
       ``(V) appointment by the State educational agency of a 
     receiver or trustee to administer the affairs of the local 
     educational agency in place of the superintendent and school 
     board;
       ``(VI) the abolition or restructuring of the local 
     educational agency;
       ``(VII) the authorizing of students to transfer from a 
     school operated by one local educational agency to a school 
     operated by another local educational agency; and
       ``(VIII) a joint plan between the State and the local 
     educational agency that addresses specific elements of 
     student performance problems and that specifies State and 
     local responsibilities under the plan.
       ``(ii) Notwithstanding clause (i), corrective actions taken 
     pursuant to this part shall not include the actions described 
     in subclauses (I), (II), and (III) of clause (i) until the 
     State has developed assessments that meet the requirements of 
     paragraph (3)(C) of section 1111(b).
       ``(C) Prior to implementing any corrective action, the 
     State educational agency shall provide due process and a 
     hearing (if State law provides for such due process and a 
     hearing) to any local educational agency identified under 
     paragraph (3) and may refrain from such corrective action for 
     one year after the four-year period described in subparagraph 
     (A) to the extent that the failure to make progress can be 
     attributed to such extenuating circumstances as determined by 
     the State educational agency.
       ``(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.
       ``(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. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND 
                   IMPROVEMENT.

       ``(a) System for Support.--
       ``(1) State support.--Each State educational agency shall 
     establish a statewide system of intensive and sustained 
     support and improvement for schools receiving funds under 
     this part, including schoolwide programs and schools in need 
     of program improvement, in order to increase the opportunity 
     for all students in such schools to meet the State's content 
     standards and student performance standards.
       ``(2) Meeting requirements.--Funds reserved under section 
     1003(a) or appropriated under section 1002(f) shall be used 
     to meet the requirements of this section. In addition to such 
     funds a State educational agency may use State administrative 
     funds reserved under section 1603(c) to meet such 
     requirements.
       ``(b) Regional Centers.--Such a statewide system shall work 
     with and receive support and assistance from the 
     comprehensive regional technical assistance centers under 
     part A of title XIII and the educational regional 
     laboratories under section 941(h) of the Educational 
     Research, Development, Dissemination, and Improvement Act of 
     1994.
       ``(c) Provisions.--The system shall include at a minimum, 
     the following:
       ``(1) School support teams.--
       ``(A) Each State educational agency, in consultation with 
     local educational agencies and schools, shall establish a 
     system of school support teams to provide information and 
     assistance to schoolwide programs and to assist such programs 
     in providing an opportunity to all students to meet the 
     State's student performance standards.
       ``(B) If funds are sufficient, school support teams shall 
     provide information and assistance to--
       ``(i) schools--

       ``(I) 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
       ``(II) identified as in need of improvement under section 
     1116(c)(1); and

       ``(ii) other schools in need of improvement.
       ``(C) 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 (especially 
     distinguished educators described in paragraph (3)), and 
     other persons who are knowledgeable about research and 
     practice on teaching and learning, particularly about 
     strategies for improving the educational opportunities for 
     low achieving students (including alternative and applied 
     learning), such as representatives of institutions of higher 
     education, regional educational laboratories or research 
     centers, and outside consultant groups.
       ``(D) A school support team shall work cooperatively with 
     each school and make recommendations as the school develops 
     the school's schoolwide program plan or school improvement 
     plan, review each plan, and make recommendations to the 
     school and the local educational agency.
       ``(E) 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 student 
     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.
       ``(2) Distinguished schools.--
       ``(A) Each State shall designate as a distinguished school 
     any school served under this part which, for three 
     consecutive years, has exceeded the State's definition of 
     adequate progress as defined in section 1111(b)(2)(A)(i), 
     and, any school in which--
       ``(i) virtually all students have met the State's advanced 
     level of student performance; and
       ``(ii) equity in participation and achievement of students 
     by sex has been achieved or significantly improved.
       ``(B) Schools designated under this paragraph may serve as 
     models and provide support to other schools, especially 
     schoolwide programs and schools in school improvement, to 
     assist such schools in meeting the State's student 
     performance standards.
       ``(C) States shall use funds reserved under section 1003(a) 
     and funds made available under section 1002(f) to allow 
     schools identified under this paragraph to carry out the 
     activities described in subparagraph (B) and may use such 
     funds to provide awards to such schools to further such 
     school's education programs under this part, provide 
     additional incentives for continued success, and reward 
     individuals or groups in the school for exemplary 
     performance.
       ``(D) A local educational agency may also recognize the 
     success of a distinguished school by providing additional 
     institutional and individual rewards, such as greater 
     decisionmaking authority at the school building level, 
     increased access to resources or supplemental services such 
     as summer programs that may be used to sustain or increase 
     success, additional professional development opportunities, 
     opportunities to participate in special projects, and 
     individual financial bonuses.
       ``(3) Distinguished educators.--
       ``(A) In order to provide assistance to schools and local 
     educational agencies identified as needing improvement and 
     schools participating in schoolwide programs, each State, in 
     consultation with local educational agencies and using funds 
     reserved under section 1003(a) and made available under 
     section 1002(f), 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 farthest 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).
       ``(d) Implementation.--In order to implement this section 
     funds reserved under section 1003(a) and funds made available 
     under section 1002(f) may be used by a State for release time 
     for teachers and administrators, travel, training, and other 
     related costs.
       ``(e) Alternatives.--The State may devise additional 
     approaches to providing the assistance described in 
     paragraphs (1) and (3) of subsection (c), such as providing 
     assistance through institutions of higher education and 
     educational service agencies or other local consortia, and 
     the State may seek approval from the Secretary to use funds 
     reserved under section 1003 and funds made available under 
     section 1002(f) for such approaches as part of the State 
     plan.

     ``SEC. 1118. PARENTAL INVOLVEMENT.

       ``(a) Local Educational Agency Policy.--
       ``(1) In general.--A local educational agency may receive 
     funds under this part only if such agency implements 
     programs, activities, and procedures for the involvement of 
     parents in programs assisted under this part consistent with 
     the provisions of this section. Such activities shall be 
     planned and implemented with meaningful consultation with 
     parents of participating children.
       ``(2) Written policy.--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 of the plan 
     under section 1112, and the process of school review and 
     improvement under section 1116;
       ``(B) provide the coordination, technical assistance, and 
     other support necessary to assist participating schools in 
     planning and implementing effective parent involvement;
       ``(C) build the schools' and parents' capacity for strong 
     parent involvement as described in subsection (e);
       ``(D) coordinate and integrate parental involvement 
     strategies under this part with parental involvement 
     strategies under other programs, such as Head Start, Even 
     Start, the Parents as Teachers Program, the Home Instruction 
     Program for Preschool Youngsters, and State-run preschool 
     programs;
       ``(E) conduct, with the involvement of parents, an annual 
     evaluation of the content and effectiveness of the parental 
     involvement policy developed under this section--
       ``(i) to determine the effectiveness of the policy in 
     increasing the participation of parents; and
       ``(ii) to identify barriers to greater participation by 
     parents in activities authorized by this section, giving 
     particular attention to parents who are economically 
     disadvantaged, are disabled, have limited English 
     proficiency, have limited literacy, or are of any racial or 
     ethnic minority background; and
       ``(F) use the findings of the evaluations described in 
     subparagraph (E) in designing strategies for school 
     improvement and revising, if necessary, the parental 
     involvement policies described in this subsection and 
     subsection (b)(1).
       ``(3) Reservation.--(A) Each local educational agency shall 
     reserve not less than 1 percent of such agency's allocation 
     under this part to carry out this section, including family 
     literacy and parenting skills, except that this paragraph 
     shall not apply if 1 percent of such agency's allocation 
     under this part (other than funds allocated under section 
     1002(e)) for the fiscal year for which the determination is 
     made is $5,000 or less.
       ``(B) Parents of children receiving services under this 
     part shall be involved in the decisions regarding how funds 
     reserved under subparagraph (A) are allotted for parental 
     involvement activities.
       ``(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 parental 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.
       ``(3) 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.
       ``(4) Parental comments.--If the plan under section 1112 is 
     not satisfactory to the parents of participating children, 
     the local educational agency shall submit any parent comments 
     with such plan when such local educational agency submits the 
     plan to the State.
       ``(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 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 
     and design of its programs, the school may use that process, 
     if such process includes an adequate representation of 
     parents of participating children;
       ``(4) provide parents of participating children--
       ``(A) timely information about programs under this part;
       ``(B) school performance profiles required under section 
     1116(a)(3) and their child's individual student assessment 
     results, including an interpretation of such results, as 
     required under section 1111(b)(3)(H);
       ``(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 parents' suggestions under 
     subparagraph (D); and
       ``(5) if the schoolwide program plan under section 
     1114(b)(2) is not satisfactory to the parents of 
     participating children, submit any parent comments on the 
     plan when the school makes the plan available to the local 
     educational agency.
       ``(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, and 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--
       ``(1) shall provide assistance to participating parents in 
     such areas as understanding the National Education Goals, the 
     State's content standards and State student performance 
     standards, the provisions of section 1111(b)(8), State and 
     local assessments, the requirements of this part, and how to 
     monitor a child's progress and work with educators to improve 
     the performance of their children as well as information on 
     how parents can participate in decisions relating to the 
     education of their children;
       ``(2) shall provide materials and training, such as--
       ``(A) coordinating necessary literacy training from other 
     sources to help parents work with their children to improve 
     their children's achievement; and
       ``(B) training to help parents to work with their children 
     to improve their children's achievement;
       ``(3) shall 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) shall coordinate and integrate parent involvement 
     programs and activities with Head Start, Even Start, the Home 
     Instruction Programs for Preschool Youngsters, the Parents as 
     Teachers Program, and public preschool programs and other 
     programs, to the extent feasible and appropriate;
       ``(5) shall develop appropriate roles for community-based 
     organizations and businesses in parent involvement 
     activities, including providing information about 
     opportunities for organizations and businesses to work with 
     parents and schools, and encouraging the formation of 
     partnerships between elementary, middle, and secondary 
     schools and local businesses that include a role for parents;
       ``(6) shall conduct other activities, as appropriate and 
     feasible, such as parent resource centers and providing 
     opportunities for parents to learn about child development 
     and child rearing issues beginning at the birth of a child, 
     that are designed to help parents become full partners in the 
     education of their children;
       ``(7) shall ensure, to the extent possible, that 
     information related to school and parent programs, meetings, 
     and other activities is sent to the homes of participating 
     children in the language used in such homes;
       ``(8) may involve parents in the development of training 
     for teachers, principals, and other educators to improve the 
     effectiveness of such training in improving instruction and 
     services to the children of such parents;
       ``(9) may provide necessary literacy training from funds 
     received under this part if the local educational agency has 
     exhausted all other reasonably available sources of funding 
     for such activities;
       ``(10) may pay reasonable and necessary expenses associated 
     with local parental involvement activities, including 
     transportation and child care costs, to enable parents to 
     participate in school-related meetings and training sessions;
       ``(11) may train and support parents to enhance the 
     involvement of other parents;
       ``(12) may arrange meetings at a variety of times, such as 
     in the mornings and evenings, in order to maximize the 
     opportunities for parents to participate in school related 
     activities;
       ``(13) may arrange for teachers or other educators, who 
     work directly with participating children, to conduct in-home 
     conferences with parents who are unable to attend such 
     conferences at school;
       ``(14) may adopt and implement model approaches to 
     improving parental involvement, such as Even Start; and
       ``(15) shall provide such other reasonable support for 
     parental involvement activities under this section as parents 
     may request.
       ``(f) 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.
       ``(g) 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 provide 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.

     ``SEC. 1119. PROFESSIONAL DEVELOPMENT.

       ``(a) Program Requirements.--
       ``(1) In general.--Each local educational agency receiving 
     assistance under this part shall provide high-quality 
     professional development that will improve the teaching of 
     the academic subjects, consistent with the State content 
     standards, in order to enable all children to meet the 
     State's student performance standards.
       ``(2) Program design.--Such professional development 
     activities shall be designed by principals, teachers, and 
     other school staff in schools receiving assistance under this 
     part.
       ``(b) Professional Development Activities.--
       ``(1) Required activities.--Such professional development 
     activities shall--
       ``(A) support instructional practices that are geared to 
     challenging State content standards and create a school 
     environment conducive to high achievement in the academic 
     subjects;
       ``(B) support local educational agency plans under section 
     1112 and school plans under section 1114;
       ``(C) draw on resources available under this part, title 
     III of the Goals 2000: Educate America Act, title II of this 
     Act, and from other sources;
       ``(D) where appropriate, as determined by the local 
     educational agency, include strategies for developing 
     curricula and teaching methods that integrate academic and 
     vocational instruction (including applied learning and team 
     teaching strategies); and
       ``(E) include strategies for identifying and eliminating 
     gender and racial bias in instructional materials, methods, 
     and practices.
       ``(2) Optional activities.--Such professional development 
     activities may include--
       ``(A) instruction in the use of assessments;
       ``(B) instruction in ways that teachers, principals, pupil 
     services personnel, and school administrators may work more 
     effectively with parents;
       ``(C) the forming of partnerships with institutions of 
     higher education to establish school-based teacher training 
     programs that provide prospective teachers and novice 
     teachers with an opportunity to work under the guidance of 
     experienced teachers and college faculty;
       ``(D) instruction in the use of technology;
       ``(E) the creation of career ladder programs for 
     paraprofessionals (assisting teachers under this part) to 
     obtain the education necessary for such paraprofessionals to 
     become licensed and certified teachers;
       ``(F) instruction in ways to teach special needs children;
       ``(G) instruction in gender-equitable education methods, 
     techniques, and practices;
       ``(H) joint professional development activities involving 
     programs under this part, Head Start, Even Start, or State-
     run preschool program personnel; and
       ``(I) instruction in experiential-based teaching methods 
     such as service learning.
       ``(c) Program Participation.--Each local educational agency 
     receiving assistance under this part is encouraged to design 
     professional development programs so that--
       ``(1) all school staff in schools participating in a 
     schoolwide program under section 1114 can participate in 
     professional development activities; and
       ``(2) all school staff in targeted assistance schools may 
     participate in professional development activities if such 
     participation will result in better addressing the needs of 
     students served under this part.
       ``(d) Parental Participation.--Parents may participate in 
     professional development activities under this part if the 
     school determines that parental participation is appropriate.
       ``(e) Consortia.--In carrying out such professional 
     development programs, local educational agencies may provide 
     services through consortia arrangements with other local 
     educational agencies, educational service agencies or other 
     local consortia, institutions of higher education, or other 
     public or private institutions or organizations.
       ``(f) Effective Teaching Strategies.--Knowledge of 
     effective teaching strategies that is gained through 
     professional development activities under this section may be 
     shared with teachers who are not participating in targeted 
     assistance programs under this part.
       ``(g) Combinations of Funds.--Funds provided under this 
     part that are used for professional development purposes may 
     be combined with funds provided under title II of this Act, 
     title III of the Goals 2000: Educate America Act, and other 
     sources.
       ``(h) State Review.--
       ``(1) In general.--The State educational agency shall 
     review the local educational agency's plan under section 
     1112(b) to determine if such agency's professional 
     development activities--
       ``(A) are tied to challenging State student content and 
     student performance standards;
       ``(B) reflect research on teaching and learning where 
     possible;
       ``(C) are designed to have a positive impact on the 
     teacher's performance in the classroom;
       ``(D) contribute to continuous improvement in the classroom 
     or throughout the school;
       ``(E) include methods to teach children with special needs;
       ``(F) are developed with the extensive participation of 
     teachers; and
       ``(G) include gender-equitable education methods, 
     techniques, and practices.
       ``(2) Technical assistance.--If a local educational 
     agency's plan for professional development does not include 
     the activities described in paragraph (1), the State 
     educational agency shall provide technical assistance to such 
     local educational agencies to enable such agencies to make 
     progress toward inclusion of such activities in the local 
     educational agency's professional development activities.
       ``(3) Special rule.--No State educational agency shall 
     require a school or a local educational agency to expend a 
     specific amount of funds for professional development 
     activities under this part, except that this paragraph shall 
     not apply with respect to requirements under section 
     1116(d)(6).
       ``(i) Instructional Aides.--
       ``(1) In general.--If a local educational agency uses funds 
     received under this part to employ instructional aides, the 
     local educational agency shall ensure that such aides--
       ``(A) possess the knowledge and skills sufficient to assist 
     participating children in meeting the educational goals of 
     this part;
       ``(B)(i) have a secondary school diploma, or its recognized 
     equivalent, or earn either within two years of employment, 
     except that a local educational agency may employ an 
     instructional aide that does not meet the requirement of this 
     subparagraph if such aide possesses proficiency in a language 
     other than English that is needed to enhance the 
     participation of children in programs under this part; and
       ``(C) are under the direct supervision of a teacher who has 
     primary responsibility for providing instructional services 
     to eligible children.
       ``(2) Inclusion in activities.--Each local educational 
     agency receiving funds under this part, when feasible, shall 
     include instructional aides in professional development 
     activities.

     ``SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 
                   SCHOOLS.

       ``(a) General Requirement.--
       ``(1) In general.--To the extent consistent with the number 
     of eligible children identified under section 1115(b) in a 
     local educational agency who are enrolled in private 
     elementary and secondary schools, a local educational agency 
     shall, after timely and meaningful consultation with 
     appropriate private school officials, provide such children, 
     on an equitable basis, special educational services or other 
     benefits under this part (such as dual enrollment, 
     educational radio and television, computer equipment and 
     materials, other technology, and mobile educational services 
     and equipment).
       ``(2) Secular, neutral, nonideological.--Such educational 
     services or other benefits, including materials and 
     equipment, shall 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 such 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;
       ``(D) how the services will be assessed; and
       ``(E) the size and scope of the equitable services to be 
     provided to the eligible private school children, and what is 
     the proportion of funds allocated under subsection (a)(4) for 
     such services.
       ``(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 such 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.
       ``(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 14505 and 14506.
       ``(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. 1120A. 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 14501 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) For the purpose of subparagraph (A), in the 
     determination of expenditures per pupil from State and local 
     funds, or instructional salaries per pupil from State and 
     local funds, staff salary differentials for years of 
     employment shall not be included in such determinations.
       ``(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 assisted under this part 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) excess costs of providing services to children with 
     disabilities as determined by the local educational agency.

     ``SEC. 1120B. COORDINATION REQUIREMENTS.

       ``(a) In General.--Each local educational agency receiving 
     assistance under this part shall 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.

                        ``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) in each fiscal year the Secretary shall make 
     grants to local educational agencies in the outlying areas 
     (other than the outlying areas assisted under paragraph (3)).
       ``(2) Competitive grants.--(A) The Secretary shall reserve 
     $5,000,000 from the amounts made available under subsection 
     (a) in each fiscal year to award grants on a competitive 
     basis, to local educational agencies in the Federated States 
     of Micronesia, the Republic of the Marshall Islands, and the 
     Republic of Palau. The Secretary shall award such grants 
     according to the recommendations of the Pacific Region 
     Educational Laboratory which shall conduct a competition for 
     such grants.
       ``(B) Except as provided in subparagraph (D), grant funds 
     awarded under this part only may be used for programs 
     described in this Act, including teacher training, curriculum 
     development, instructional materials, or general school 
     improvement and reform.
       ``(C) Grant funds awarded under this paragraph only may be 
     used to provide direct educational services.
       ``(D) The Secretary may provide 5 percent of the amount 
     made available for grants under this paragraph to pay the 
     administrative costs of the Pacific Region Educational 
     Laboratory regarding activities assisted under this 
     paragraph.
       ``(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) 48 percent of such expenditure in the United States.

     ``SEC. 1122. ALLOCATIONS TO STATES.

       ``(a) In General.--
       ``(1) Fiscal year 1995.--For fiscal year 1995, 
     appropriations for this part shall be allocated according to 
     the provisions of sections 1005, except subsection (a)(3), 
     and 1006, part A of chapter 1 of title I, Elementary and 
     Secondary Education Act of 1965, as in effect on September 
     30, 1994, except that the State minimum for section 1005 
     shall be the lesser of 0.25 percent of total appropriations 
     or the average of 0.25 percent of total appropriations and 
     150 percent of the national average grant per child counted 
     for grants under section 1005 multiplied by the State's 
     number of children counted for such grants, and for grants 
     under section 1006, the State minimum shall be the lesser 
     of--
       ``(A) 0.25 percent of total appropriations; and
       ``(B) the average of--
       ``(i) 0.25 percent of total appropriations; and
       ``(ii) the greater of 150 percent of the national average 
     grant per child counted for grants under such section 1006 
     multiplied by the State total number of such children, or 
     $340,000.
       ``(2) Succeeding fiscal years.--For fiscal years 1996 
     through 1999, an amount of the appropriations for this part 
     equal to the appropriation for fiscal year 1995 for section 
     1005, shall be allocated in accordance with section 1124, and 
     an amount equal to the appropriation for fiscal year 1995 for 
     section 1006 shall be allocated in accordance with section 
     1124A. Any additional appropriations under section 1002(a) 
     for any fiscal year, after application of the preceding 
     sentence, shall be allocated in accordance with section 1125.
       ``(b) Adjustments Where Necessitated by Appropriations.--
       ``(1) In general.--If the sums available under this part 
     for any fiscal year are insufficient to pay the full amounts 
     that all local educational agencies in States are eligible to 
     receive under sections 1124, 1124A, and 1125 for such year, 
     the Secretary shall ratably reduce the allocations to such 
     local educational agencies, subject to subsections (c) and 
     (d) of this section.
       ``(2) Additional funds.--If additional funds become 
     available for making payments under sections 1124, 1124A, and 
     1125 for such fiscal year, allocations that were reduced 
     under paragraph (1) shall be increased on the same basis as 
     they were reduced.
       ``(c) Hold-Harmless Amounts.--
       ``(1) In general.--For fiscal year 1995, notwithstanding 
     subsection (b) and without regard to amounts available for 
     delinquent children under subpart 2 of part D, the amount 
     made available to each local educational agency under such 
     section 1005 shall be at least 85 percent of the amount such 
     local educational agency received for the preceding year 
     under such section 1005.
       ``(2) Fiscal year 1996.--Notwithstanding subsection (b) and 
     without regard to amounts available for delinquent children 
     under subpart 2 of part D, for fiscal year 1996 the total 
     amount made available to each local educational agency under 
     each of sections 1124 and 1124A for any fiscal year shall be 
     at least 100 percent of the total amount such local 
     educational agency was allocated under such sections (or 
     their predecessor authorities) for the preceding fiscal year.
       ``(3) Fiscal year 1997-1999.--For fiscal years 1997 through 
     1999, notwithstanding subsection (b) and without regard to 
     amounts available for delinquent children under subpart 2 of 
     part D, the amount made available to each local educational 
     agency under each of sections 1124 and 1125 shall be at least 
     95 percent of the previous year's amount if the number of 
     children counted for grants under section 1124 is at least 30 
     percent of the total number of children aged 5 to 17 years, 
     inclusive, in the local educational agency, 90 percent of the 
     previous year amount if this percentage is between 15 percent 
     and 30 percent, and 85 percent if this percentage is below 15 
     percent. For fiscal years 1997 and 1998, in calculating 
     grants on the basis of population data for counties, the 
     Secretary shall apply the hold-homeless percentages in the 
     preceding sentence to counties. For fiscal years 1996 through 
     1998, if the Secretary's allocation for a county is not 
     sufficient to meet the hold-harmless requirements of this 
     paragraph for every local educational agency within that 
     county, then the State educational agency shall reallocate 
     funds proportionately from all other local educational 
     agencies in the State that are receiving funds in excess of 
     the hold-harmless amounts specified in this paragraph.
       ``(d) Ratable Reductions.--
       ``(1) In general.--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 
     subsection (a) for such year, the Secretary shall ratably 
     reduce such amounts for such year.
       ``(2) Additional funds.--If additional funds become 
     available for making payments under subsection (a) for such 
     fiscal year, amounts that were reduced under paragraph (1) 
     shall be increased on the same basis as such amounts reduced.
       ``(e) Definition.--For the purpose of this section and 
     sections 1124 and 1125, the term State means each of the 50 
     States, the District of Columbia, and the Commonwealth of 
     Puerto Rico.

     ``SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.

       ``(a) Amount of Grants.--
       ``(1) Grants for local educational agencies and puerto 
     rico.--The grant which a local educational agency in a State 
     is eligible to receive under this subpart for a fiscal year 
     shall (except as provided in section 1126), be determined by 
     multiplying the number of children counted under subsection 
     (c) by 40 percent of the amount determined under the next 
     sentence. The amount determined under this sentence shall be 
     the average per pupil expenditure in the State except that--
       ``(A) if the average per pupil expenditure in the State is 
     less than 80 percent of the average per pupil expenditure in 
     the United States, such amount shall be 80 percent of the 
     average per pupil expenditure in the United States; or
       ``(B) if the average per pupil expenditure in the State is 
     more than 120 percent of the average per pupil expenditure in 
     the United States, such amount shall be 120 percent of the 
     average per pupil expenditure in the United States.
       ``(2) Basis for calculating grants.--For fiscal years 1995 
     through 1998, grants shall be calculated by the Secretary on 
     the basis of the number of children counted under subsection 
     (c) for counties, and State educational agencies shall 
     suballocate county amounts to local educational agencies, in 
     accordance with regulations published by the Secretary. In 
     any State in which a large number of local educational 
     agencies overlap county boundaries, the State educational 
     agency may apply to the Secretary for authority during any 
     particular fiscal year to make the allocations under this 
     part (other than section 1124A) directly to local educational 
     agencies without regard to the counties. If the Secretary 
     approves an application of a State educational agency for a 
     particular year under this subparagraph, the State 
     educational agency shall provide assurances that--
       ``(A) such allocations will be made using precisely the 
     same factors for determining a grant as are used under this 
     part;
       ``(B) such allocations will be made using alternative data 
     approved by the Secretary that the State determines best 
     reflects the distribution of children in poor families and is 
     adjusted to be equivalent in proportion to the number of 
     children determined in accordance with subsection (c); or
       ``(C) such allocations will be made using data that the 
     State educational agency submits to the Secretary for 
     approval that more accurately target poverty.
     In addition, the State educational agency shall provide 
     assurances that a procedure will be established through which 
     local educational agencies dissatisfied with the 
     determinations made by the State educational agency may 
     appeal directly to the Secretary for a final determination. 
     Beginning in fiscal year 1999, grants shall be calculated by 
     the Secretary on the basis of population data compiled for 
     local educational agencies, unless the Secretary and the 
     Secretary of Commerce determine that use of the updated 
     population data would be inappropriate or unreliable taking 
     into consideration the recommendations of the study to be 
     conducted by the National Academy of Sciences. If the 
     Secretary and the Secretary and the Secretary of Commerce 
     determine that some or all of the data referred to in this 
     paragraph are inappropriate or unreliable, the Secretaries 
     shall jointly issue a report setting forth their reasons in 
     detail. In years when grants are calculated by the Secretary 
     on the basis of local educational agency data, for each local 
     educational agency serving an area with a total population of 
     at least 20,000 persons, the grant under this section shall 
     be the amount determined by the Secretary. For local 
     educational agencies serving areas with total populations of 
     fewer than 20,000 persons, the State educational agency may 
     either--
       ``(i) distribute to such local educational agencies grants 
     under this section equal to the amounts determined by the 
     Secretary; and
       ``(ii) use an alternative method, approved by the 
     Secretary, to distribute the share of the State's total 
     grants under this section that is based on local educational 
     agencies with total populations of fewer than 20,000 persons. 
     Such an alternative method of distributing grants under this 
     section among a State's local educational agencies serving 
     areas with total populations of fewer than 20,000 persons 
     shall be based upon population data that the State 
     educational agency determines best reflect the current 
     distribution of children in poor families among the State's 
     local educational agencies serving areas with total 
     populations of fewer than 20,000 persons. If a local 
     educational agency serving an area with total population of 
     less than 20,000 persons is dissatisfied with the 
     determination of its grant by the State education agency, 
     then such local educational agency may appeal this 
     determination to the Secretary. The Secretary must respond to 
     this appeal within 45 days of receipt.
       ``(3) Puerto rico.--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 section for a fiscal year 
     shall be the amount arrived at by multiplying the number of 
     children counted under subsection (c) for the Commonwealth of 
     Puerto Rico by the product of--
       ``(A) the percentage determined under the preceding 
     sentence; and
       ``(B) 32 percent of the average per pupil expenditure in 
     the United States.
       ``(4) Definition.--For purposes of this subsection, the 
     term `State' does not include Guam, American Samoa, the 
     Virgin Islands, the Northern Mariana Islands, and Palau.
       ``(b) Minimum Number of Children To Qualify.--Subject to 
     the succeeding sentence, a local educational agency shall be 
     eligible for a basic grant for a fiscal year under this 
     subpart only if the number of children counted under 
     subsection (c) in the school district of such local 
     educational agency is at least 10. Beginning in fiscal year 
     1996, no local educational agency shall be eligible for a 
     grant under this section if the number of children counted 
     for grants under this section is equal to 2 percent or less 
     of the total school age population in the local educational 
     agency. For fiscal years 1996 through 1998, grants not made 
     as a result of applying the preceding sentence shall be 
     reallocated by the State educational agency to other eligible 
     local educational agencies in the State in proportion to the 
     distribution of other funds under this section.
       ``(c) Children To Be Counted.--
       ``(1) Categories of children.--The number of children to be 
     counted for purposes of this section is the aggregate of--
       ``(A) the number of children aged 5 to 17, inclusive, in 
     the school district of the local educational agency from 
     families below the poverty level as determined under 
     paragraph (2);
       ``(B) the number of children aged 5 to 17, inclusive, in 
     the school district of such agency from families above the 
     poverty level as determined under paragraph (5); and
       ``(C) the number of children aged 5 to 17, inclusive, in 
     the school district of such agency in institutions for 
     neglected and delinquent children (other than such 
     institutions operated by the United States), but not counted 
     pursuant to subpart 1 of part D for the purposes of a grant 
     to a State agency, or being supported in foster homes with 
     public funds.
       ``(2) Determination of number of children.--For the 
     purposes of this section, the Secretary shall determine the 
     number of children aged 5 to 17, inclusive, from families 
     below the poverty level on the basis of the most recent 
     satisfactory data, described in paragraph (3), available from 
     the Department of Commerce. For fiscal year 1999 and beyond, 
     the District of Columbia and the Commonwealth of Puerto Rico 
     shall be treated as individual local educational agencies. If 
     a local educational agency contains two or more counties in 
     their entirety, then each county will be treated as if such 
     county were a separate local educational agency for purposes 
     of calculating grants under this part. The total of grants 
     for such counties shall be allocated to such a local 
     educational agency, which local educational agency shall 
     distribute to schools in each county within such agency a 
     share of the local educational agency's total grant that is 
     no less than the county's share of the population counts used 
     to calculate the local educational agency's grant.
       ``(3) Population updates.--In fiscal year 1997 and every 2 
     years thereafter, the Secretary shall use updated data on the 
     number of children, aged 5 to 17, inclusive, from families 
     below the poverty level for counties or local educational 
     agencies, published by the Department of Commerce, unless the 
     Secretary and the Secretary of Commerce determine that use of 
     the updated population data would be inappropriate or 
     unreliable, taking into consideration the recommendations of 
     the study to be conducted by the National Academy of 
     Sciences. If the Secretary and the Secretary of Commerce 
     determine that some or all of the data referred to in this 
     paragraph are inappropriate or unreliable, they shall jointly 
     issue a report setting forth their reasons in detail. In 
     determining the families which are below the poverty level, 
     the Secretary shall utilize the criteria of poverty used by 
     the Bureau of the Census in compiling the most recent 
     decennial census, in such form as those criteria have been 
     updated by increases in the Consumer Price Index for all 
     urban consumers, published by the Bureau of Labor Statistics.
       ``(4) Study.--(A) The Secretary of Education shall, within 
     30 days after the date of enactment of the Improving 
     America's School's Act of 1994, contract with the National 
     Academy of Sciences (hereafter in this section referred to as 
     the `Academy') to study the program to produce intercensal 
     poverty data for small geographic areas and certain age 
     cohorts being developed by the Bureau of the Census.
       ``(B) In conducting its study, the Academy shall consider 
     such matters as--
       ``(i) the methodology used to produce and publish 
     intercensal poverty data, and possible alternative methods to 
     improve the usefulness of the data for Federal program 
     purposes;
       ``(ii) the availability of alternative indicators of 
     poverty for small geographic areas, against which the poverty 
     data produced and published by the Bureau of the Census could 
     be compared;
       ``(iii) the reliability of the poverty data produced and 
     published by the Bureau of the Census, particularly for less 
     populous geographic areas;
       ``(iv) the reliability of intercensal poverty data produced 
     and published by the Bureau of the Census, as compared over 
     time to similar data produced by the Bureau of the Census 
     during the most recent decennial census; and
       ``(v) the usefulness of poverty data produced and published 
     by the Bureau of the Census for Federal programs that 
     allocate funds to State and sub-State areas based, in whole 
     or in part, on such data.
       ``(C) The Academy shall submit to the Secretary and the 
     Secretary of Commerce, as well as to the Committee on 
     Education and Labor and the Committee on Post Office and 
     Civil Service of the House of Representatives and the 
     Committee on Labor and Human Resources and the Committee on 
     Governmental Affairs of the Senate--
       ``(i) not later than 18 months after the date on which a 
     contract is entered into under subsection (a), and not later 
     than every 18 months thereafter, such interim reports on the 
     Academy's activities under this Act that the Academy deems 
     appropriate, including a detailed statement of the Academy's 
     findings and conclusions with respect to any poverty data 
     which the Bureau of the Census publishes and produces, within 
     90 days of such publication; and
       ``(ii) not later than December 31, 1998, a final report 
     which shall include a more detailed statement of the 
     Academy's findings and conclusions with respect to the use of 
     any intercensal poverty data produced and published by the 
     Bureau of the Census as the basis for allocating Federal 
     funds under this Act.
       ``(D) Of the funds appropriated under section 1002(f) of 
     this Act, the Secretary shall use such sums as are necessary 
     in each of fiscal years 1995, 1996, 1997, 1998, and 1999 to 
     carry out the provisions of this paragraph.
       ``(5) Other children to be counted.--For purposes of this 
     section, the Secretary shall determine the number of children 
     aged 5 to 17, inclusive, from families above the poverty 
     level on the basis of the number of such children from 
     families receiving an annual income, in excess of the current 
     criteria of poverty, from payments under the program of aid 
     to families with dependent children under a State plan 
     approved under title IV of the Social Security Act; and in 
     making such determinations the Secretary shall utilize the 
     criteria of poverty used by the Bureau of the Census in 
     compiling the most recent decennial census for a family of 4 
     in such form as those criteria have been updated by increases 
     in the Consumer Price Index for all urban consumers, 
     published by the Bureau of Labor Statistics. The Secretary 
     shall determine the number of such children and the number of 
     children of such ages living in institutions for neglected or 
     delinquent children, or being supported in foster homes with 
     public funds, on the basis of the caseload data for the month 
     of October of the preceding fiscal year (using, in the case 
     of children described in the preceding sentence, the criteria 
     of poverty and the form of such criteria required by such 
     sentence which were determined for the calendar year 
     preceding such month of October) or, to the extent that such 
     data are not available to the Secretary before January of the 
     calendar year in which the Secretary's determination is made, 
     then on the basis of the most recent reliable data available 
     to the Secretary at the time of such determination. The 
     Secretary of Health and Human Services shall collect and 
     transmit the information required by this subparagraph to the 
     Secretary not later than January 1 of each year.
       ``(6) Estimate.--When requested by the Secretary, the 
     Secretary of Commerce shall make a special updated estimate 
     of the number of children of such ages who are from families 
     below the poverty level (as determined under subparagraph (A) 
     of this paragraph) in each school district, and the Secretary 
     is authorized to pay (either in advance or by way of 
     reimbursement) the Secretary of Commerce the cost of making 
     this special estimate. The Secretary of Commerce shall give 
     consideration to any request of the chief executive of a 
     State for the collection of additional census information. 
     For purposes of this section, the Secretary shall consider 
     all children who are in correctional institutions to be 
     living in institutions for delinquent children.
       ``(d) State Minimum.--Notwithstanding subsections (b)(1) or 
     (d) of section 1122, the aggregate amount allotted for all 
     local educational agencies within a State may not be less 
     than the lesser of--
       ``(1) 0.25 percent of total grants under this section; or
       ``(2) the average of--
       ``(A) one-quarter of 1 percent of the total amount 
     available for such fiscal year under this section; and
       ``(B) the number of children in such State counted under 
     subsection (c) in the fiscal year multiplied by 150 percent 
     of the national average per pupil payment made with funds 
     available under this section for that year.

     ``SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL 
                   AGENCIES.

       ``(a) Eligibility for and Amount of Grants.--
       ``(1) In general.--(A) Except as otherwise provided in this 
     paragraph, each local educational agency, in a State other 
     than Guam, American Samoa, the Virgin Islands, the 
     Commonwealth of the Northern Mariana Islands, and Palau, 
     which is eligible for a grant under this part for any fiscal 
     year shall be eligible for an additional grant under this 
     section for that fiscal year if--
       ``(i) the number of children counted under section 1124(c) 
     in the county (for fiscal years 1996 through 1998), or local 
     educational agency (for fiscal years beginning with 1999) for 
     the fiscal year exceeds 6,500; or
       ``(ii) the number of children counted under section 1124(c) 
     exceeds 15 percent of the total number of children aged 5 to 
     17, inclusive, in the county (for fiscal years 1996 through 
     1998), or local educational agency (for fiscal years 
     beginning with 1999) in that fiscal year.
       ``(B) Notwithstanding such subsections (b)(1) and (d) of 
     section 1122, no State described in subparagraph (A) shall 
     receive less than the lesser of--
       ``(i) 0.25 percent of total grants; or
       ``(ii) the average of--
       ``(I) one-quarter of 1 percent of the sums available to 
     carry out this section for such fiscal year; and
       ``(II) the greater of--

       ``(aa) $340,000; or
       ``(bb) the number of children in such State counted for 
     purposes of this section in that fiscal year multiplied by 
     150 percent of the national average per pupil payment made 
     with funds available under this section for that year.

       ``(2) Special rule.--For each county or local educational 
     agency eligible to receive an additional grant under this 
     section for any fiscal year the Secretary shall determine the 
     product of--
       ``(A) the number of children counted under section 1124(c) 
     for that fiscal year; and
       ``(B) the quotient resulting from the division of the 
     amount determined for those agencies under section 1124(a)(1) 
     for the fiscal year for which the determination is being made 
     divided by the total number of children counted under section 
     1124(c) for that agency for fiscal year.
       ``(3) Amount.--The amount of the additional grant for which 
     an eligible local educational agency or county is eligible 
     under this section for any fiscal year shall be an amount 
     which bears the same ratio to the amount available to carry 
     out this section for that fiscal year as the product 
     determined under paragraph (2) for such local educational 
     agency for that fiscal year bears to the sum of such products 
     for all local educational agencies in the United States for 
     that fiscal year.
       ``(4) Suballocation.--For fiscal years 1996 through 1998, 
     county amounts shall be suballocated to local educational 
     agencies meeting the criteria of paragraph (1)(A) by State 
     educational agencies, in accordance with regulations 
     published by the Secretary. For fiscal years 1995 through 
     1998, grants shall be calculated by the Secretary on the 
     basis of the number of children counted under section 1124(c) 
     for counties, and State educational agencies shall 
     suballocate county amounts to local educational agencies, in 
     accordance with regulations published by the Secretary. In 
     any State in which a large number of local educational 
     agencies overlap county boundaries, the State educational 
     agency may apply to the Secretary for authority during any 
     particular fiscal year to make the allocations under this 
     part (other than this section) directly to local educational 
     agencies without regard to the counties. If the Secretary 
     approves an application of a State educational agency for a 
     particular year under this paragraph, the State educational 
     agency shall provide assurances that--
       ``(A) such allocations will be made using precisely the 
     same factors for determining a grant as are used under this 
     part;
       ``(B) such allocations will be made using alternative data 
     approved by the Secretary that the State determines best 
     reflects the distribution of children in poor families and is 
     adjusted to be equivalent in proportion to the number of 
     children determined in accordance with section 1124(c); or
       ``(C) such allocations will be made using data that the 
     State educational agency submits to the Secretary for 
     approval that more accurately target poverty.

     In addition, the State educational agency shall provide 
     assurances that a procedure will be established through which 
     local educational agencies dissatisfied with the 
     determinations made by the State educational agency may 
     appeal directly to the Secretary for a final determination. A 
     State may reserve not more than 2 percent of its allocations 
     in fiscal years 1996 through 1998 under this section for the 
     purpose of making grants to local educational agencies that 
     meet the criteria of clause (i) or (ii) of paragraph (1)(A), 
     but are in ineligible counties. For fiscal years beginning 
     with 1999, for each local educational agency serving an area 
     with a total population of at least 20,000 persons, the grant 
     under this section shall be the amount determined by the 
     Secretary. For local educational agencies serving areas with 
     total populations of fewer than 20,000 persons, the State 
     educational agency may either (i) distribute to such local 
     educational agencies grants under this section equal to the 
     amounts determined by the Secretary; or (ii) use an 
     alternative method, approved by the Secretary, to distribute 
     the share of the State's total grants under this section that 
     is based on local educational agencies with total populations 
     of fewer than 20,000 persons. Such an alternative method of 
     distributing grants under this section among a State's local 
     educational agencies serving areas with total populations of 
     fewer than 20,000 persons shall be based upon population data 
     that the State educational agency determines best reflects 
     the current distribution of children in poor families among 
     the State's local educational agencies serving areas with 
     total populations of fewer than 20,000 persons and meeting 
     the eligibility criteria of paragraph (1)(A). If a local 
     educational agency serving an area with total population of 
     less than 20,000 persons is dissatisfied with the 
     determination of its grant by the State educational agency, 
     then such local educational agency may appeal this 
     determination to the Secretary. The Secretary shall respond 
     to this appeal within 45 days of receipt. The Secretary shall 
     consult with the Secretary of Commerce regarding whether 
     available data on population for local educational agencies 
     serving areas with total populations of fewer than 20,000 
     persons are sufficiently reliable to be used to determine 
     final grants to such areas meeting the eligibility criteria 
     of paragraph (1)(A).
       ``(b) Reservation of Funds.--Of the total amount of funds 
     available for this section and sections 1124 and 1125, an 
     amount equal to the appropriation for fiscal year 1995 for 
     section 1006 of this Act (as such section was in effect on 
     the day preceding the date of enactment of this Act) shall be 
     available to carry out this section.
       ``(c) Ratable Reduction Rule.--If the sums available under 
     subsection (b) for any fiscal year for making payments under 
     this section are not sufficient to pay in full the total 
     amounts which all States are eligible to receive under 
     subsection (a) for such fiscal year, the maximum amounts 
     which all States are eligible to receive under subsection (a) 
     for such fiscal year shall be ratably reduced. In the case 
     that additional funds become available for making such 
     payments for any fiscal year during which the preceding 
     sentence is applicable, such reduced amounts shall be 
     increased on the same basis as they were reduced.
       ``(d) States Receiving Minimum Grants.--In States that 
     receive the minimum grant under subsection (a)(1)(B), the 
     State educational agency shall allocate such funds among the 
     local educational agencies in each State either--
       ``(1) in accordance with paragraphs (2) and (4) of 
     subsection (a); or
       ``(2) based on their respective concentrations and numbers 
     of children counted under section 1124(c), except that only 
     those local educational agencies with concentrations or 
     numbers of children counted under section 1124(c) that exceed 
     the statewide average percentage of such children or the 
     statewide average number of such children shall receive any 
     funds on the basis of this paragraph.

     ``SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.

       ``(a) Eligibility of Local Educational Agencies.--A local 
     educational agency in a State is eligible to receive a 
     targeted grant under this section for any fiscal year if the 
     number of children in the local educational agency counted 
     under subsection 1124(c), before application of the weighting 
     factor described in subsection (c), is at least 10, and if 
     the number of children counted for grants under section 1124 
     is at least 5 percent of the total population aged 5 to 17 
     years, inclusive, in the local educational agency. Funds made 
     available as a result of applying this subsection shall be 
     reallocated by the State educational agency to other eligible 
     local educational agencies in the State in proportion to the 
     distribution of other funds under this section.
       ``(b) Grants for Local Educational Agencies, the District 
     of Columbia, and Puerto Rico.--
       ``(1) In general.--The amount of the grant that a local 
     educational agency in a State or that the District of 
     Columbia is eligible to receive under this section for any 
     fiscal year shall be the product of--
       ``(A) the weighted child count determined under subsection 
     (c); and
       ``(B) the amount in the second sentence of subparagraph 
     1124(a)(1)(A).
       ``(2) Puerto rico.--For each fiscal year, the amount of the 
     grant for which the Commonwealth of Puerto Rico is eligible 
     under this section shall be equal to the number of children 
     counted under subsection (c) for Puerto Rico, multiplied by 
     the amount determined in subparagraph 1124(a)(3).
       ``(c) Weighted Child Count.--
       ``(1) Fiscal years 1966-1998.--
       ``(A) In general.--The weighted child count used to 
     determine a county's allocation under this section is the 
     larger of the two amounts determined under clauses (i) or 
     (ii), as follows:
       ``(i) By percentage of children.--This amount is determined 
     by adding--

       ``(I) the number of children determined under section 
     1124(c) for that county constituting up to 12.20 percent, 
     inclusive, of the county's total population aged 5 to 17, 
     inclusive, multiplied by 1.0;
       ``(II) the number of such children constituting more than 
     12.20 percent, but not more than 17.70 percent, of such 
     population, multiplied by 1.75;
       ``(III) the number of such children constituting more than 
     17.70 percent, but not more than 22.80 percent, of such 
     population, multiplied by 2.5;
       ``(IV) the number of such children constituting more than 
     22.80 percent, but not more than 29.70 percent, of such 
     population, multiplied by 3.25; and
       ``(V) the number of such children constituting more than 
     29.70 percent of such population, multiplied by 4.0.

       ``(ii) By number of children.--This amount is determined by 
     adding--

       ``(I) the number of children determined under section 
     1124(c) constituting up to 1,917, inclusive, of the county's 
     total population aged 5 to 17, inclusive, multiplied by 1.0;
       ``(II) the number of such children between 1,918 and 5,938, 
     inclusive, in such population, multiplied by 1.5;
       ``(III) the number of such children between 5,939 and 
     20,199, inclusive, in such population, multiplied by 2.0;
       ``(IV) the number of such children between 20,200 and 
     77,999, inclusive, in such population, multiplied by 2.5; and
       ``(V) the number of such children in excess of 77,999 in 
     such population, multiplied by 3.0.

       ``(B) Puerto rico.--Notwithstanding subparagraph (A), the 
     weighting factor for Puerto Rico under this paragraph shall 
     not be greater than the total number of children counted 
     under subsection 1124(c) multiplied by 1.72.
       ``(2) Fiscal years after 1999.--
       ``(A) In general.--For each fiscal year beginning with 
     fiscal year 1999 for which the Secretary uses local 
     educational agency data, the weighted child count used to 
     determine a local educational agency's grant under this 
     section is the larger of the two amounts determined under 
     clauses (i) and (ii), as follows:
       ``(i) By percentage of children.--This amount is determined 
     by adding--

       ``(I) the number of children determined under section 
     1124(c) for that local educational agency constituting up to 
     14.265 percent, inclusive, of the agency's total population 
     aged 5 to 17, inclusive, multiplied by 1.0;
       ``(II) the number of such children constituting more than 
     14.265 percent, but not more than 21,553 percent, of such 
     population, multiplied by 1.75;
       ``(III) the number of such children constituting more than 
     21.553 percent, but not more than 29,223 percent, of such 
     population, multiplied by 2.5;

       ``(IV) the number of such children constituting more than 
     29,223 percent, but not more than 36.538 percent, of such 
     population, multiplied by 3.25; and
       ``(V) the number of such children constituting more than 
     36.538 percent of such population, multiplied by 4.0.

       ``(ii) By number of children.--This amount is determined by 
     adding--

       ``(I) the number of children determined under section 
     1124(c) constituting up to 575, inclusive, of the agency's 
     total population aged 5 to 17, inclusive, multiplied by 1.0;
       ``(II) the number of such children between 576 and 1,870, 
     inclusive, in such population, multiplied by 1.5;
       ``(III) the number of such children between 1,871 and 
     6,910, inclusive, in such population, multiplied by 2.0;
       ``(IV) the number of such children between 6,911 and 
     42,000, inclusive, in such population, multiplied by 2.5; and
       ``(V) the number of such children in excess of 42,000 in 
     such population, multiplied by 3.0.

       ``(B) Puerto rico.--Notwithstanding subparagraph (A), the 
     weighting factor for Puerto Rico under this paragraph shall 
     not be greater than the total number of children counted 
     under section 1124(c) multiplied by 1.72.
       ``(d) Local Educational Agency Allocations.--For fiscal 
     years 1995 through 1998, grants shall be calculated by the 
     Secretary on the basis of the number of children counted 
     under section 1124 for counties, and State educational 
     agencies shall suballocate county amounts to local 
     educational agencies, in accordance with regulations 
     published by the Secretary. In any State in which a large 
     number of local educational agencies overlap county 
     boundaries, the State educational agency may apply to the 
     Secretary for authority during any particular fiscal year to 
     make the allocations under this part (other than section 
     1124A) directly to local educational agencies without regard 
     to the counties. If the Secretary approves an application of 
     a State educational agency for a particular year under this 
     subparagraph, the State educational agency shall provide 
     assurances that--
       ``(1) such allocations will be made using precisely the 
     same factors for determining a grant as are used under this 
     part;
       ``(2) such allocations will be made using alternative data 
     approved by the Secretary that the State determines best 
     reflects the distribution of children in poor families and is 
     adjusted to be equivalent in proportion to the number of 
     children determined in accordance with section 1124(c); or
       ``(3) such allocations will be made using data that the 
     State educational agency submits to the Secretary for 
     approval that more accurately target poverty.

     In addition, the State educational agency shall provide 
     assurances that a procedure will be established through which 
     local educational agencies dissatisfied with the 
     determinations made by the State educational agency may 
     appeal directly to the Secretary for a final determination. 
     For fiscal years beginning in 1999, for each local 
     educational agency serving an area with a total population of 
     at least 20,000 persons, the grant under this section shall 
     be the amount determined by the Secretary. For local 
     educational agencies serving areas with total populations of 
     fewer than 20,000 persons, the State education agency may 
     either (1) distribute to such local educational agencies 
     grants under this section equal to the amounts determined by 
     the Secretary; or (2) use an alternative method, approved by 
     the Secretary, to distribute the share of the State's total 
     grants under this section that is based on local educational 
     agencies with total populations of fewer than 20,000 persons. 
     Such an alternative method of distributing grants under this 
     section among a State's local educational agencies serving 
     areas with total populations of fewer than 20,000 persons 
     shall be based upon population data that the State education 
     agency determines best reflects the current distribution of 
     children in poor families among the State's local educational 
     agencies serving areas with total populations of fewer than 
     20,000 persons. If a local educational agency serving an area 
     with total populations of less than 20,000 persons is 
     dissatisfied with the determination of its grant by the State 
     education agency, then the local educational agency may 
     appeal this determination to the Secretary. The Secretary 
     shall respond to this appeal within 45 days of receipt.
       ``(e) State Minimum.--Notwithstanding any other provision 
     of this section or subsection (b)(1) or (d) of section 1122, 
     from the total amount available for any fiscal year to carry 
     out this section, each State shall be allotted at least the 
     lesser of--
       ``(1) 0.25 percent of total appropriations; or
       ``(2) the average of--
       ``(A) one quarter of 1 percent of the total amount 
     available to carry out this section; and
       ``(B) 150 percent of the national average grant under this 
     section per child described in section 1124(c), without 
     application of a weighting factor, multiplied by the State's 
     total number of children described in section 1124(c), 
     without application of a weighting factor.

     ``SEC. 1125A. EDUCATION FINANCE INCENTIVE PROGRAM.

       ``(a) Grants.--The Secretary is authorized to make grants 
     to States from the sums appropriated pursuant to subsection 
     (e) to carry out the purposes of this part.
       ``(b) Distribution Based Upon Fiscal Effort and Equity.--
       ``(1) In general.--Funds appropriated pursuant to 
     subsection (e) shall be allotted to each State based upon the 
     number of children aged 5 to 17, inclusive, of such State 
     multiplied by the product of--
       ``(A) such State's effort factor described in paragraph 
     (2); multiplied by
       ``(B) 1.30 minus such State's equity factor described in 
     paragraph (3),
     except that for each fiscal year no State shall receive less 
     than one-quarter of 1 percent of the total amount 
     appropriated pursuant to subsection (e) for such fiscal year.
       ``(2) Effort factor.--(A) Except as provided in 
     subparagraph (B), the effort factor for a State shall be 
     determined in accordance with the succeeding sentence, except 
     that such factor shall not be less than .95 nor greater than 
     1.05. The effort factor determined under this sentence shall 
     be a fraction the numerator of which is the product of the 
     three-year average per-pupil expenditure in the State 
     multiplied by the three-year average per capita income in the 
     United States and the denominator of which is the product of 
     the three-year average per capita income in such State 
     multiplied by the three-year average per-pupil expenditure in 
     the United States.
       ``(B) The effort factor for the Commonwealth of Puerto Rico 
     shall be equal to the lowest effort factor calculated under 
     subparagraph (A) for any State.
       ``(3) Equity factor.--(A)(i) Except as provided in 
     subparagraph (B), the Secretary shall determine the equity 
     factor under this section for each State in accordance with 
     clause (ii).
       ``(ii)(I) For each State, the Secretary shall compute a 
     weighted coefficient of variation for the per-pupil 
     expenditures of local educational agencies in accordance with 
     subclauses (II), (III), (IV), and (V).
       ``(II) In computing coefficients of variation, the 
     Secretary shall weight the variation between per-pupil 
     expenditures in each local educational agency and the average 
     per-pupil expenditures in the State according to the number 
     of pupils in the local educational agency.
       ``(III) In determining the number of pupils under this 
     paragraph in each local educational agency and each State, 
     the Secretary shall multiply the number of children from low-
     income families by 1.4 under this paragraph.
       ``(IV) In computing coefficients of variation, the 
     Secretary shall include only those local educational agencies 
     with an enrollment of more than 200 students.
       ``(V) The Secretary shall compute separate coefficients of 
     variation for elementary, secondary, and unified local 
     educational agencies and shall combine such coefficients into 
     a single weighted average coefficient for the State by 
     multiplying each coefficient by the total enrollments of the 
     local educational agencies in each group, adding such 
     products, and dividing such sum by the total enrollments of 
     the local educational agencies in the State.
       ``(B) The equity factor for 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 this Act) or a 
     State with only one local educational agency shall be not 
     greater than .10.
       ``(C) The Secretary may revise each State's equity factor 
     as necessary based on the advice of independent education 
     finance scholars to reflect other need-based costs of local 
     educational agencies in addition to low-income student 
     enrollment, such as differing geographic costs, costs 
     associated with students with disabilities, children with 
     limited-English proficiency or other meaningful educational 
     needs, which deserve additional support. In addition and also 
     with the advice of independent education finance scholars, 
     the Secretary may revise each State's equity factor to 
     incorporate other valid and accepted methods to achieve 
     adequacy of educational opportunity that may not be reflected 
     in a coefficient of variation method.
       ``(c) Use of Funds.--All funds awarded to each State under 
     this section shall be allocated to local educational agencies 
     and schools on a basis consistent with the distribution of 
     other funds to such agencies and schools under sections 1124, 
     1124A, and 1125 to carry out activities under this part.
       ``(d) Maintenance of Effort.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     State is entitled to receive its full allotment of funds 
     under this part for any fiscal year if the Secretary finds 
     that either the combined fiscal effort per student or the 
     aggregate expenditures within the State with respect to the 
     provision of free public education for the fiscal year 
     preceding the fiscal year for which the determination is made 
     was not less than 90 percent of such combined fiscal effort 
     or aggregate expenditures for the second fiscal year 
     preceding the fiscal year for which the determination is 
     made.
       ``(2) Reduction of funds.--The Secretary shall reduce the 
     amount of the of funds awarded to any State under this 
     section in any fiscal year in the exact proportion to which 
     the State fails to meet the requirements of paragraph (1) by 
     falling below 90 percent of both the fiscal effort per 
     student and aggregate expenditures (using the measure most 
     favorable to the State), and no such lesser amount shall be 
     used for computing the effort required under paragraph (1) 
     for subsequent years.
       ``(3) Waivers.--The Secretary may waive, for one fiscal 
     year only, the requirements of this subsection if the 
     Secretary determines that such a waiver would be equitable 
     due to exceptional or uncontrollable circumstances such as a 
     natural disaster or a precipitous and unforeseen decline in 
     the financial resources of the State.
       ``(e) Authorization of Appropriations.--For the purpose of 
     making grants under this section, there are authorized to be 
     appropriated $200,000,000 for fiscal year 1996 and such sums 
     as may be necessary for each of the three succeeding fiscal 
     years.

     ``SEC. 1126. SPECIAL ALLOCATION PROCEDURES.

       ``(a) Allocations for Neglected Children.--
       ``(1) In general.--If a State educational agency determines 
     that a local educational agency in the State is unable or 
     unwilling to provide for the special educational needs of 
     children who are living in institutions for neglected 
     children as described in subparagraph 1124(c)(1)(C), the 
     State educational agency shall, if such agency assumes 
     responsibility for the special educational needs of such 
     children, receive the portion of such local educational 
     agency's allocation under sections 1124, 1124A, and 1125 that 
     is attributable to such children.
       ``(2) Special rule.--If the State educational agency does 
     not assume such responsibility, any other State or local 
     public agency that does assume such responsibility shall 
     receive that portion of the local educational agency's 
     allocation.
       ``(b) Allocations Among Local Educational Agencies.--The 
     State educational agency may allocate the amounts of grants 
     under sections 1124, 1124A, and 1125 among the affected local 
     educational agencies--
       ``(1) if two or more local educational agencies serve, in 
     whole or in part, the same geographical area;
       ``(2) if a local educational agency provides free public 
     education for children who reside in the school district of 
     another local educational agency; or
       ``(3) to reflect the merger, creation, or change of 
     boundaries of one or more local educational agencies.
       ``(c) Reallocation.--If a State educational agency 
     determines that the amount of a grant a local educational 
     agency would receive under sections 1124, 1124A, and 1125 is 
     more than such local agency will use, the State educational 
     agency shall make the excess amount available to other local 
     educational agencies in the State that need additional funds 
     in accordance with criteria established by the State 
     educational agency.

     ``SEC. 1127. CARRYOVER AND WAIVER.

       ``(a) Limitation on Carryover.--Notwithstanding section 421 
     of the General Education Provisions Act or any other 
     provision of law, not more than 15 percent of the funds 
     allocated to a local educational agency for any fiscal year 
     under this subpart (but not including funds received through 
     any reallocation under this subpart) may remain available for 
     obligation by such agency for one additional fiscal year.
       ``(b) Waiver.--A State educational agency may, once every 
     three years, waive the percentage limitation in subsection 
     (a) if--
       ``(1) the agency determines that the request of a local 
     educational agency is reasonable and necessary; or
       ``(2) supplemental appropriations for this subpart become 
     available.
       ``(c) Exclusion.--The percentage limitation under 
     subsection (a) shall not apply to any local educational 
     agency that receives less than $50,000 under this subpart for 
     any fiscal year.

             ``PART B--EVEN START FAMILY LITERACY PROGRAMS

     ``SEC. 1201. STATEMENT OF PURPOSE.

       ``It is the purpose of this part to help break the cycle of 
     poverty and illiteracy by improving the educational 
     opportunities of the Nation's low-income families by 
     integrating early childhood education, adult literacy or 
     adult basic education, and parenting education into a unified 
     family literacy program, to be referred to as `Even Start'. 
     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. 1202. PROGRAM AUTHORIZED.

       ``(a) Reservation for Migrant Programs, Outlying Areas, and 
     Indian Tribes.--
       ``(1) In general.--For each fiscal year, the Secretary 
     shall reserve 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--
       ``(A) children of migratory workers;
       ``(B) the outlying areas; and
       ``(C) Indian tribes and tribal organizations.
       ``(2) Special rule.--If the amount of funds made available 
     under this subsection exceeds $4,600,000, the Secretary shall 
     award a grant, on a competitive basis, of sufficient size and 
     for a period of sufficient duration to demonstrate the 
     effectiveness of a family literacy program in a prison that 
     houses women and their preschool age children and that has 
     the capability of developing a program of high quality.
       ``(b) Reservation for Federal Activities.--From amounts 
     appropriated under section 1002(b), the Secretary may reserve 
     not more than three percent of such amounts or the amount 
     reserved to carry out the activities described in paragraphs 
     (1) and (2) of subsection (a) for the fiscal year 1994, 
     whichever is greater, for purposes of--
       ``(1) carrying out the evaluation required by section 1209; 
     and
       ``(2) providing, through grants or contracts 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, statewide 
     family literacy initiatives to coordinate and integrate 
     existing Federal, State, and local literacy resources 
     consistent with the purposes of this part. Such coordination 
     and integration shall include funds available under the Adult 
     Education Act, Head Start, Even Start, and the Family Support 
     Act of 1988.
       ``(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 part 
     A 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 other than a local educational agency, an institution 
     of higher education, or a public or private nonprofit 
     organization other than a local educational agency, 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. 1203. STATE PROGRAMS.

       ``(a) State Level Activities.--Each State that receives a 
     grant under section 1202(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 1202(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. 1204. USES OF FUNDS.

       ``(a) In General.--In carrying out an Even Start program 
     under this part, a recipient of funds under this part shall 
     use such funds to pay the Federal share of the cost of 
     providing family-centered education programs that involve 
     parents and children, from birth through age seven, in a 
     cooperative effort to help parents become full partners in 
     the education of their children and to assist children in 
     reaching their full potential as learners.
       ``(b) Federal Share Limitation.--
       ``(1) 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 and 
     may be obtained from any source, including other Federal 
     funds under this Act.
       ``(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 1202(a)(1)(C) demonstrates to the Secretary's 
     satisfaction that such recipient otherwise would not be able 
     to participate in the program assisted under this part.

     ``SEC. 1205. PROGRAM ELEMENTS.

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

     ``SEC. 1206. ELIGIBLE PARTICIPANTS.

       ``(a) In General.--Except as provided in subsection (b), 
     eligible participants in an Even Start program are--
       ``(1) a parent or parents--
       ``(A) who are eligible for participation in an adult basic 
     education program under the Adult Education Act; or
       ``(B) who are within the State's compulsory school 
     attendance age range, so long as a local educational agency 
     provides (or ensures the availability of) the basic education 
     component required under this part; and
       ``(2) the child or children, from birth through age seven, 
     of any 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. 1207. APPLICATIONS.

       ``(a) Submission.--To be eligible to receive a subgrant 
     under this part, an eligible entity shall submit an 
     application to the State educational agency in such form and 
     containing or accompanied by such information as the State 
     educational agency shall require.
       ``(b) Required Documentation.--Each application shall 
     include documentation, satisfactory to the State educational 
     agency, that the eligible entity has the qualified personnel 
     needed--
       ``(1) to develop, administer, and implement an Even Start 
     program under this part; and
       ``(2) to provide access to the special training necessary 
     to prepare staff for the program, which may be offered by an 
     eligible organization.
       ``(c) Plan.--
       ``(1) In general.--Such application shall also include a 
     plan of operation for the program which 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 1205;
       ``(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 other eligible organizations 
     in carrying out the program for which assistance is sought;
       ``(E) a statement of the methods that will be used--
       ``(i) to ensure that the programs will serve 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; and
       ``(F) a description of how the plan is integrated with 
     other programs under this Act, the Goals 2000: Educate 
     America Act, or other Acts, as appropriate, consistent with 
     section 14306.
       ``(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.
       ``(d) Consolidated Application.--The plan described in 
     subsection (c)(1)(F) may be submitted as part of a 
     consolidated application under section 14302.

     ``SEC. 1208. AWARD OF SUBGRANTS.

       ``(a) Selection Process.--
       ``(1) In general.--The State educational agency shall 
     establish a review panel in accordance with paragraph (3) 
     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 1205;
       ``(B) demonstrate that the area to be served by such 
     program has a high percentage or a large number of children 
     and families who are in need of such services as indicated by 
     high levels of poverty, illiteracy, unemployment, 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;
       ``(C) provide services for at least a three-year age range, 
     which may begin at birth;
       ``(D) demonstrate the greatest possible cooperation and 
     coordination between a variety of relevant service providers 
     in all phases of the program;
       ``(E) include cost-effective budgets, given the scope of 
     the application;
       ``(F) demonstrate the applicant's ability to provide the 
     Federal share required by section 1204(b);
       ``(G) are representative of urban and rural regions of the 
     State; and
       ``(H) show the greatest promise for providing models that 
     may be adopted by other local educational agencies.
       ``(2) Priority for subgrants.--The State educational agency 
     shall give priority for subgrants under this subsection to 
     applications that--
       ``(A) target services primarily to families described in 
     paragraph (1)(B); or
       ``(B) are located in areas designated as empowerment zones 
     or enterprise communities.
       ``(3) Review panel.--A review panel shall consist of at 
     least three members, including one early childhood 
     professional, one adult education professional, and one or 
     more of the following individuals:
       ``(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.
       ``(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 subgrant funds to an eligible recipient, at such 
     recipient's request, for a three- to six-month startup period 
     during the first year of the four-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) 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.
       ``(5) Grant renewal.--(A) An eligible entity that has 
     previously received a subgrant under this part may reapply 
     under this part for additional subgrants. An eligible 
     recipient may receive funds under this part for a period not 
     to exceed eight years.
       ``(B) The Federal share of any subgrant renewed under 
     subparagraph (A) shall not exceed 50 percent in any fiscal 
     year.

     ``SEC. 1209. EVALUATION.

       ``From funds reserved under section 1202(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 Even Start programs assisted 
     under this part that can be duplicated and used in providing 
     technical assistance to Federal, State, and local programs.

     ``SEC. 1210. 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 C--EDUCATION OF MIGRATORY CHILDREN

     ``SEC. 1301. PROGRAM PURPOSE.

       ``It is the purpose of this part to assist States to--
       ``(1) support high-quality and comprehensive educational 
     programs for migratory children to help reduce the 
     educational disruptions and other problems that result from 
     repeated moves;
       ``(2) ensure that migratory children are provided with 
     appropriate educational services (including supportive 
     services) that address their special needs in a coordinated 
     and efficient manner;
       ``(3) ensure that migratory children have the opportunity 
     to meet the same challenging 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. 1302. PROGRAM AUTHORIZED.

       ``In order to carry out the purpose of this part, the 
     Secretary shall make grants to State educational agencies, or 
     combinations of such agencies, to establish or improve, 
     directly or through local operating agencies, programs of 
     education for migratory children in accordance with this 
     part.

     ``SEC. 1303. STATE ALLOCATIONS.

       ``(a) State Allocations.--Each State (other than the 
     Commonwealth of Puerto Rico) is entitled to receive under 
     this part, for each fiscal year, an amount equal to--
       ``(1) the sum of the estimated number of migratory children 
     aged three through 21 who reside in the State full time and 
     the full-time equivalent of the estimated number of migratory 
     children aged three through 21 who reside in the State part 
     time, as determined in accordance with subsection (e); 
     multiplied by
       ``(2) 40 percent of the average per-pupil expenditure in 
     the State, except that the amount determined under this 
     paragraph shall not be less than 32 percent, nor more than 48 
     percent, of the average expenditure per pupil in the United 
     States.
       ``(b) Allocation to Puerto Rico.--For each fiscal year, the 
     amount for which the Commonwealth of Puerto Rico is eligible 
     under this section shall be equal to--
       ``(1) the number of migratory children in Puerto Rico, 
     determined under subsection (a)(1); multiplied by
       ``(2) the product of--
       ``(A) the percentage that the average 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 1308(c), the amount appropriated to carry 
     out this part for any fiscal year is insufficient to pay in 
     full the amounts for which all States are eligible, the 
     Secretary shall ratably reduce each such amount.
       ``(B) If additional funds become available for making such 
     payments for any fiscal year, the Secretary shall allocate 
     such funds to States in amounts that the Secretary 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 
     such needs, that such amount exceeds the amount required 
     under section 1304.
       ``(B) The Secretary shall reallocate such excess funds to 
     other States whose grants under this part would otherwise be 
     insufficient to provide an appropriate level of services to 
     migratory children, in such amounts as the Secretary 
     determines are appropriate.
       ``(d) Consortium Arrangements.--
       ``(1) In general.--In the case of a State that receives a 
     grant of $1,000,000 or less under this section, the Secretary 
     shall consult with the State educational agency to determine 
     whether consortium arrangements with another State or other 
     appropriate entity would result in delivery of services in a 
     more effective and efficient manner.
       ``(2) 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;
       ``(2) develop and implement a procedure for more accurately 
     reflecting cost factors for different types of summer and 
     intersession program designs;
       ``(3) 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 and intersession periods; and
       ``(B) the additional costs of operating such programs; and
       ``(4) conduct an analysis of the options for adjusting the 
     formula so as to better direct services to the child whose 
     education has been interrupted.

     ``SEC. 1304. STATE APPLICATIONS; SERVICES.

       ``(a) Application Required.--Any State desiring 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 
     1306;
       ``(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 funds 
     received under this part 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;
       ``(5) a description of how the State will determine the 
     amount of any subgrants the State will award to local 
     operating agencies, taking into account the requirements of 
     paragraph (1); and
       ``(6) such budgetary and other information as the Secretary 
     may require.
       ``(c) Assurances.--Each such application shall also include 
     assurances, satisfactory to the Secretary, that--
       ``(1) funds received under this part will be used only--
       ``(A) for programs and projects, including the acquisition 
     of equipment, in accordance with section 1306(b)(1); and
       ``(B) to coordinate such programs and projects with similar 
     programs and projects within the State and in other States, 
     as well as with other Federal programs that can benefit 
     migratory children and their families;
       ``(2) such programs and projects will be carried out in a 
     manner consistent with the objectives of section 1114, 
     subsections (b) and (d) of section 1115, section 1120, and 
     subsections (b) and (c) of section 1120A, and part F;
       ``(3) in the planning and operation of programs and 
     projects at both the State and local operating agency level, 
     there is appropriate consultation with parent advisory 
     councils for programs 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 1118;
       ``(4) in planning and carrying out such programs and 
     projects, there has been, and will be, adequate provision for 
     addressing the unmet education needs of preschool migratory 
     children;
       ``(5) the effectiveness of such programs and projects will 
     be determined, where feasible, using the same approaches and 
     standards that will be used to assess the performance of 
     students, schools, and local educational agencies under part 
     A;
       ``(6) 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
       ``(7) the State will assist the Secretary in determining 
     the number of migratory children under section 1303(e), 
     through such procedures as the Secretary may require.
       ``(d) Priority for Services.--In providing services with 
     funds received under this part, each recipient of such funds 
     shall give priority to migratory children who are failing, or 
     most at risk of failing, to meet the State's challenging 
     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;
       ``(2) a child who is no longer a migratory child may 
     continue to receive services for one additional school year, 
     but only if comparable services are not available through 
     other programs; and
       ``(3) secondary school students who were eligible for 
     services in secondary school may continue to be served 
     through credit accrual programs until graduation.

     ``SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.

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

     ``SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-
                   DELIVERY PLAN; AUTHORIZED ACTIVITIES.

       ``(a) Comprehensive Plan.--
       ``(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) is integrated with other programs under this Act, the 
     Goals 2000: Educate America Act, or other Acts, as 
     appropriate, consistent with section 14306;
       ``(B) may be submitted as a part of consolidated 
     application under section 14302;
       ``(C) 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;
       ``(D) specifies measurable program goals and outcomes;
       ``(E) encompasses the full range of services that are 
     available for migratory children from appropriate local, 
     State and Federal educational programs;
       ``(F) 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
       ``(G) 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; and
       ``(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.
       ``(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) Special rule.--Notwithstanding section 1114, a school 
     that receives funds under this part shall continue to address 
     the identified needs described in paragraph (1)(A).

     ``SEC. 1307. BYPASS.

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

     ``SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.

       ``(a) Improvement of Coordination.--
       ``(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 nonprofit 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) Duration.--Grants under this subpart may be awarded 
     for not more than five years.
       ``(b) Assistance and Reporting.--
       ``(1) Student records.--(A) The Secretary shall solicit 
     information on how student records are transferred from one 
     school to another and shall solicit recommendations on 
     whether new procedures and technologies for record transfer 
     should be employed to better meet the needs of the migrant 
     population.
       ``(B) The Secretary shall also seek recommendations on the 
     most effective means for determining the number of students 
     or full-time equivalent students in each State for the 
     purpose of allocating funds under this part.
       ``(2) Report to congress.--(A) Not later than April 30, 
     1995, the Secretary shall report to the Committee on Labor 
     and Human Resources of the Senate and the Committee on 
     Education and Labor of the House of Representatives the 
     Secretary's findings and recommendations, and shall include 
     in this report, recommendations for interim measures that may 
     be taken to ensure continuity of services in this program.
       ``(B) The Secretary shall assist States in developing 
     effective methods for the transfer of student records and in 
     determining the number of students or full-time equivalent 
     students in each State if such interim measures are required.
       ``(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.--
       ``(1) In general.--From the amounts made available to carry 
     out this section, the Secretary shall reserve not more than 
     $1,500,000 to award, on a competitive basis, grants in the 
     amount of not more than $250,000 to State educational 
     agencies with consortium agreements under section 1303(d).
       ``(2) Limitation.--Not less than 10 of such grants shall be 
     awarded to States which receive allocations of less than 
     $1,000,000 if such States have approved agreements.

     ``SEC. 1309. DEFINITIONS.

       ``As used in this part:
       ``(1) Local operating agency.--The term `local operating 
     agency' means--
       ``(A) a local educational agency to which a State 
     educational agency makes a subgrant under this part;
       ``(B) a public or nonprofit private agency with which a 
     State educational agency or the Secretary makes an 
     arrangement to carry out a project under this part; or
       ``(C) a State educational agency, if the State educational 
     agency operates the State's migrant education program or 
     projects directly.
       ``(2) Migratory child.--The term `migratory child' means a 
     child who is, or whose parent, spouse, or guardian is, a 
     migratory agricultural worker, including a migratory dairy 
     worker, or a migratory fisher, and who, in the preceding 36 
     months, in order to obtain, or accompany such parent, spouse, 
     or guardian 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.

 ``PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH 
       WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK OF DROPPING OUT

     ``SEC. 1401. FINDINGS; PURPOSE; PROGRAM AUTHORIZED.

       ``(a) Findings.--Congress finds the following:
       ``(1) A large percentage of youth in the juvenile justice 
     system have poor academic achievement, are a year or more 
     behind grade level, and have dropped out of school.
       ``(2) There is a strong correlation between academic 
     failure and involvement in delinquent activities.
       ``(3) Preventing students from dropping out of local 
     schools and addressing the educational needs of delinquent 
     youth can help reduce the dropout rate and involvement in 
     delinquent activities at the same time.
       ``(4) Many schools and correctional facilities fail to 
     communicate regarding a youth's academic needs and students 
     often return to their home school ill-prepared to meet 
     current curriculum requirements.
       ``(5) Schools are often reluctant to deal with youth 
     returning from facilities and receive no funds to deal with 
     the unique educational and other needs of such youth.
       ``(6) A continuing need exists for activities and programs 
     to reduce the incidence of youth dropping out of school.
       ``(7) Federal dropout prevention programs have demonstrated 
     effectiveness in keeping children and youth in school.
       ``(8) Pregnant and parenting teens are a high at-risk group 
     for dropping out of school and should be targeted by dropout 
     prevention programs.
       ``(9) Such youth need a strong dropout prevention program 
     which provides such youth with high level skills and which 
     provides supports to youth returning from correctional 
     facilities in order to keep such youth in school.
       ``(b) Purpose.--It is the purpose of this part--
       ``(1) to improve educational services to children in local 
     and State institutions for neglected or delinquent children 
     and youth so that such children and youth 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;
       ``(2) to provide such children and youth the services 
     needed to make a successful transition from 
     institutionalization to further schooling or employment; and
       ``(3) to prevent at-risk youth from dropping out of school 
     and to provide dropouts and youth returning from institutions 
     with a support system to ensure their continued education.
       ``(c) Program Authorized.--In order to carry out the 
     purpose of this part the Secretary shall make grants to State 
     educational agencies to enable such agencies to award 
     subgrants to State agencies and local educational agencies to 
     establish or improve programs of education for neglected or 
     delinquent children and youth at risk of dropping out of 
     school before graduation.

     ``SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.

       ``(a) Agency Subgrants.--Based on the allocation amount 
     computed under section 1412, the Secretary shall allocate to 
     each State educational agency amounts necessary to make 
     subgrants to State agencies.
       ``(b) Local Subgrants.--Each State shall retain, for 
     purposes of subpart 2, funds generated throughout the State 
     under part A based on youth residing in local correctional 
     facilities, or attending community day programs for 
     delinquent children and youth.
       ``(c) Use of Remaining Funds.--Each State shall use any 
     funds remaining after allocations are made under subsection 
     (a).

                   ``Subpart 1--State Agency Programs

     ``SEC. 1411. ELIGIBILITY.

       ``A State agency is eligible for assistance under this 
     subpart 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. 1412. ALLOCATION OF FUNDS.

       ``(a) Subgrants to State Agencies.--
       ``(1) In general.--Each State agency described in section 
     1411 (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 and 
     youth described in section 1411 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 and youth determined under paragraph (1) shall--
       ``(A) be determined by the State agency by a deadline 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 and youth counted under 
     subsection (a)(1) for the Commonwealth of Puerto Rico; 
     multiplied by
       ``(2) the product of--
       ``(A) the percentage that 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; 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.

     ``SEC. 1413. 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 eligible 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. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.

       ``(a) State Plan.--
       ``(1) In general.--Each State educational agency that 
     desires to receive a grant under this part shall submit, for 
     approval by the Secretary, a plan for meeting the needs of 
     neglected and delinquent youth and, where applicable, youth 
     at risk of dropping out of school which is integrated with 
     other programs under this Act, the Goals 2000: Educate 
     America Act, or other Acts, as appropriate, consistent with 
     section 14306.
       ``(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;
       ``(ii) carry out the evaluation requirements of section 
     1416;
       ``(iii) ensure that the State agencies receiving subgrants 
     under this subpart comply with all applicable statutory and 
     regulatory requirements; and
       ``(iv) provide such other information as the Secretary may 
     reasonably require.
       ``(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 section 1111, to assess the educational 
     needs of the children to be served;
       ``(2) provides assurances that in making services available 
     to youth in adult correctional facilities, priority will be 
     given to such youth who are likely to complete incarceration 
     within a 2-year period;
       ``(3) describes the program, including a budget for the 
     first year of the program, with annual updates to be provided 
     to the State educational agency;
       ``(4) describes how the program will meet the goals and 
     objectives of the State plan under this subpart;
       ``(5) describes how the State agency will consult with 
     experts and provide the necessary training for appropriate 
     staff, to ensure that the planning and operation of 
     institution-wide projects under section 1416 are of high 
     quality;
       ``(6) describes how the agency will carry out the 
     evaluation requirements of section 14701 and how the results 
     of the most recent evaluation are used to plan and improve 
     the program;
       ``(7) includes data showing that the agency has maintained 
     fiscal effort required of a local educational agency, in 
     accordance with section 14501 of this title;
       ``(8) describes how the programs will be coordinated with 
     other appropriate State and Federal programs, such as 
     programs under the Job Training Partnership Act, vocational 
     education programs, State and local dropout prevention 
     programs, and special education programs;
       ``(9) describes how appropriate professional development 
     will be provided to teachers and other staff;
       ``(10) designates an individual in each affected 
     institution to be responsible for issues relating to the 
     transition of children and youth from the institution to 
     locally operated programs;
       ``(11) describes how the agency will, endeavor to 
     coordinate with businesses for training and mentoring for 
     participating youth;
       ``(12) provides assurances that the agency will assist in 
     locating alternative programs through which students can 
     continue their education if students are not returning to 
     school after leaving the correctional facility;
       ``(13) provides assurances that the agency will work with 
     parents to secure parents' assistance in improving the 
     educational achievement of their children and preventing 
     their children's further involvement in delinquent 
     activities;
       ``(14) provides assurances that the agency works with 
     special education youth in order to meet an existing 
     individualized education program and an assurance that the 
     agency will notify the youth's local school if such youth--
       ``(A) is identified as in need of special education 
     services while the youth is in the facility; and
       ``(B) intends to return to the local school;
       ``(15) provides assurances that the agency will work with 
     youth who dropped out of school before entering the facility 
     to encourage the youth to reenter school once the term of the 
     youth has been completed or provide the youth with the skills 
     necessary to gain employment, continue the education of the 
     youth, or achieve a secondary school diploma or the 
     recognized equivalent if the youth does not intend to return 
     to school;
       ``(16) provides assurances that teachers and other 
     qualified staff are also trained to work with children with 
     disabilities and other students with special needs taking 
     into consideration the unique needs of such students;
       ``(17) describes any additional services provided to youth, 
     such as career counseling, and assistance in securing student 
     loans and grants; and
       ``(18) provides assurances that the program under this 
     subpart will be coordinated with any programs operated under 
     the Juvenile Justice and Delinquency Prevention Act of 1974 
     or other comparable programs, if applicable.

     ``SEC. 1415. USE OF FUNDS.

       ``(a) In General.--
       ``(1) Uses.--A State agency shall use funds received under 
     this subpart only for programs and projects that--
       ``(A) are consistent with the State plan under section 
     1414(a); and
       ``(B) concentrate on providing participants with the 
     knowledge and skills needed to make a successful transition 
     to secondary school completion, further education, or 
     employment.
       ``(2) Programs and projects.--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 
     1416, 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 to 
     such challenging State standards;
       ``(C) shall be carried out in a manner consistent with 
     section 1120A and part F of this title; and
       ``(D) may include the costs of meeting the evaluation 
     requirements of section 14701.
       ``(b) Supplement, Not Supplant.--A program under this 
     subpart 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 1120A without regard to the subject 
     areas in which instruction is given during those hours.

     ``SEC. 1416. INSTITUTION-WIDE PROJECTS.

       ``A State agency that provides free public education for 
     children and youth 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 youth in the institution or program 
     serving juveniles;
       ``(2) provides for a comprehensive assessment of the 
     educational needs of youth aged 20 and younger in adult 
     facilities who are expected to complete incarceration within 
     a two-year period;
       ``(3) 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 the students will complete 
     secondary school, attain secondary diploma or its recognized 
     equivalent, or find employment after leaving the institution;
       ``(4) describes the instructional program, pupil services, 
     and procedures that will be used to meet the needs described 
     in paragraph (1), including, to the extent feasible, the 
     provision of mentors for students;
       ``(5) specifically describes how such funds will be used;
       ``(6) describes the measures and procedures that will be 
     used to assess student progress;
       ``(7) describes how the agency has planned, and will 
     implement and evaluate, the institution-wide or program-wide 
     project in consultation with personnel providing direct 
     instructional services and support services in institutions 
     or community-day programs for neglected or delinquent 
     children and personnel from the State educational agency; and
       ``(8) includes an assurance that the State agency has 
     provided for appropriate training for teachers and other 
     instructional and administrative personnel to enable such 
     teachers and personnel to carry out the project effectively.

     ``SEC. 1417. THREE-YEAR PROGRAMS OR PROJECTS.

       ``If a State agency operates a program or project under 
     this subpart 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. 1418. TRANSITION SERVICES.

       ``(a) Transition Services.--Each State agency shall reserve 
     not more than 10 percent of the amount such agency receives 
     under this subpart for any fiscal year to support projects 
     that facilitate the transition of children from State-
     operated institutions to local educational agencies.
       ``(b) Conduct of Projects.--A project supported under this 
     section may be conducted directly by the State agency, or 
     through a contract or other arrangement with one or more 
     local educational agencies, other public agencies, or private 
     nonprofit organizations.
       ``(c) Limitation.--Any funds reserved under subsection (a) 
     shall be used only to provide transitional educational 
     services, which may include 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.

                   ``Subpart 2--Local Agency Programs

     ``SEC. 1421. PURPOSE.

       ``The purpose of this subpart is to support the operation 
     of local educational agency programs which involve 
     collaboration with locally operated correctional facilities 
     to--
       ``(1) carry out high quality education programs to prepare 
     youth for secondary school completion, training, and 
     employment, or further education;
       ``(2) provide activities to facilitate the transition of 
     such youth from the correctional program to further education 
     or employment; and
       ``(3) operate dropout prevention programs in local schools 
     for youth at risk of dropping out of school and youth 
     returning from correctional facilities.

     ``SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.

       ``(a) Local Subgrants.--With funds retained made available 
     under section 1402(b), the State educational agency shall 
     award subgrants to local educational agencies with high 
     numbers or percentages of youth residing in locally operated 
     (including county operated) correctional facilities for youth 
     (including facilities involved in day programs).
       ``(b) Special Rule.--A local educational agency which 
     includes a correctional facility that operates a school is 
     not required to operate a dropout prevention program if more 
     than 30 percent of the youth attending such facility will 
     reside outside the boundaries of the local educational agency 
     upon leaving such facility.
       ``(c) Notification.--A State educational agency shall 
     notify local educational agencies within the State of the 
     eligibility of such agencies to receive a subgrant under this 
     subpart.

     ``SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

       ``Eligible local educational agencies desiring assistance 
     under this section shall submit an application to the State 
     educational agency, containing such information as the State 
     educational agency may require. Each such application shall 
     include--
       ``(1) a description of the program to be assisted;
       ``(2) a description of formal agreements between--
       ``(A) the local educational agency; and
       ``(B) correctional facilities and alternative school 
     programs serving youth involved with the juvenile justice 
     system to operate programs for delinquent youth;
       ``(3) as appropriate, a description of how participating 
     schools will coordinate with facilities working with 
     delinquent youth to ensure that such youth are participating 
     in an education program comparable to one operating in the 
     local school such youth would attend;
       ``(4) as appropriate, a description of the dropout 
     prevention program operated by participating schools and the 
     types of services such schools will provide to at risk youth 
     in participating schools and youth returning from 
     correctional facilities;
       ``(5) as appropriate, a description of the youth expected 
     to be served by the dropout prevention program and how the 
     school will be coordinating existing educational programs to 
     meet unique education needs;
       ``(6) as appropriate, a description of how schools will 
     coordinate with existing social and health services to meet 
     the needs of students at risk of dropping out of school and 
     other participating students, including prenatal health care 
     and nutrition services related to the health of the parent 
     and child, parenting and child development classes, child 
     care, targeted re-entry and outreach programs, referrals to 
     community resources, and scheduling flexibility;
       ``(7) as appropriate, a description of any partnerships 
     with local businesses to develop training and mentoring 
     services for participating students;
       ``(8) as appropriate, a description of how the program will 
     involve parents in efforts to improve the educational 
     achievement of their children, assist in dropout prevention 
     activities, and prevent the involvement of their children in 
     delinquent activities;
       ``(9) a description of how the program under this subpart 
     will be coordinated with other Federal, State, and local 
     programs, such as programs under the Job Training and 
     Partnership Act and vocational education programs serving 
     this at-risk population of youth;
       ``(10) a description of how the program will be coordinated 
     with programs operated under the Juvenile Justice and 
     Delinquency Prevention Act of 1974 and other comparable 
     programs, if applicable;
       ``(11) as appropriate, a description of how schools will 
     work with probation officers to assist in meeting the needs 
     of youth returning from correctional facilities;
       ``(12) a description of efforts participating schools will 
     make to ensure correctional facilities working with youth are 
     aware of a child's existing individualized education program; 
     and
       ``(13) as appropriate, a description of the steps 
     participating schools will take to find alternative 
     placements for youth interested in continuing their education 
     but unable to participate in a regular public school program.

     ``SEC. 1424. USES OF FUNDS.

       ``Funds provided to local educational agencies under this 
     subpart may be used, where appropriate, for--
       ``(1) dropout prevention programs which serve youth at 
     educational risk, including pregnant and parenting teens, 
     youth who have come in contact with the juvenile justice 
     system, youth at least one year behind their expected grade 
     level, migrant youth, immigrant youth, students with limited-
     English proficiency and gang members;
       ``(2) the coordination of health and social services for 
     such individuals if there is a likelihood that the provision 
     of such services, including day care and drug and alcohol 
     counseling, will improve the likelihood such individuals will 
     complete their education; and
       ``(3) programs to meet the unique education needs of youth 
     at risk of dropping out of school, which may include 
     vocational education, special education, career counseling, 
     and assistance in securing student loans or grants.

     ``SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES 
                   RECEIVING FUNDS UNDER THIS SECTION.

       ``Each correctional facility entering into an agreement 
     with a local educational agency under section 1422(a) to 
     provide services to youth under this section shall--
       ``(1) where feasible, ensure educational programs in 
     juvenile facilities are coordinated with the student's home 
     school, particularly with respect to special education 
     students with an individualized education program;
       ``(2) notify the local school of a youth if the youth is 
     identified as in need of special education services while in 
     the facility;
       ``(3) where feasible, provide transition assistance to help 
     the youth stay in school, including coordination of services 
     for the family, counseling, assistance in accessing drug and 
     alcohol abuse prevention programs, tutoring, and family 
     counseling;
       ``(4) provide support programs which encourage youth who 
     have dropped out to reenter school once their term has been 
     completed or provide such youth with the skills necessary for 
     such youth to gain employment or seek a secondary school 
     diploma or its recognized equivalent;
       ``(5) work to ensure such facilities are staffed with 
     teachers and other qualified staff who are trained to work 
     with children with disabilities and other students with 
     special needs taking into consideration the unique needs of 
     such children and students;
       ``(6) ensure educational programs in correctional 
     facilities are related to assisting students meet high 
     educational standards;
       ``(7) use, to the extent possible, technology to assist in 
     coordinating educational programs between the juvenile 
     facility and the community school;
       ``(8) where feasible, involve parents in efforts to improve 
     the educational achievement of their children and prevent the 
     further involvement of such children in delinquent 
     activities;
       ``(9) coordinate funds received under this program with 
     other local, State, and Federal funds available to provide 
     services to participating youth, such as funds under the Job 
     Training Partnership Act, and vocational education funds;
       ``(10) coordinate programs operated under this subpart with 
     activities funded under the Juvenile Justice and Delinquency 
     Prevention Act of 1974 and other comparable programs, if 
     applicable; and
       ``(11) if appropriate, work with local businesses to 
     develop training and mentoring programs for participating 
     youth.

     ``SEC. 1426. ACCOUNTABILITY.

       ``The State educational agency may--
       ``(1) reduce or terminate funding for projects under this 
     section if a local educational agency does not show progress 
     in reducing dropout rates for male students and for female 
     students over a 3-year period; and
       ``(2) require juvenile facilities to demonstrate, after 
     receiving assistance under this subpart for 3 years, that 
     there has been an increase in the number of youth returning 
     to school, obtaining a secondary school diploma or its 
     recognized equivalent, or obtaining employment after such 
     youth are released.

                    ``Subpart 3--General Provisions

     ``SEC. 1431. PROGRAM EVALUATIONS.

       ``(a) Scope of Evaluation.--Each State agency or local 
     educational agency that conducts a program under subpart 1 or 
     2 shall evaluate the program, disaggregating data on 
     participation by sex, and if feasible, by race, ethnicity, 
     and age, not less than once every three years to determine 
     the program'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 (or secondary school 
     equivalency requirements) and obtain employment after leaving 
     the institution.
       ``(b) Evaluation Measures.--In conducting each evaluation 
     under subsection (a), a State agency or local educational 
     agency shall use multiple and appropriate measures of student 
     progress.
       ``(c) Evaluation Results.--Each State agency and local 
     educational agency shall--
       ``(1) submit evaluation results to the State educational 
     agency; and
       ``(2) use the results of evaluations under this section to 
     plan and improve subsequent programs for participating 
     children and youth.

     ``SEC. 1432. 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 `at-risk youth' means school aged youth who 
     are at risk of academic failure, have drug or alcohol 
     problems, are pregnant or are parents, have come into contact 
     with the juvenile justice system in the past, are at least 
     one year behind the expected grade level for the age of the 
     youth, have limited-English proficiency, are gang members, 
     have dropped out of school in the past, or have high 
     absenteeism rates at school.
       ``(3) The term `community day program' means a regular 
     program of instruction provided by a State agency at a 
     community day school operated specifically for neglected or 
     delinquent children.
       ``(4) The term `institution for delinquent children and 
     youth' means a public or private residential facility for the 
     care of children who have been adjudicated to be delinquent 
     or in need of supervision.
       ``(5) 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 E--FEDERAL EVALUATIONS, DEMONSTRATIONS, AND TRANSITION PROJECTS

     ``SEC. 1501. 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 National Evaluation under 
     subsection (b) 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 are--
       ``(A) 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) 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) using and evaluating the usefulness of opportunity-
     to-learn standards or strategies in improving learning in 
     schools receiving assistance under this part;
       ``(vi) 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;
       ``(vii) affording parents of children served under this 
     title meaningful opportunities to participate in the 
     education of their children at home and at school, such as 
     the provision of family literacy services;
       ``(viii) distributing resources to areas where needs are 
     greatest;
       ``(ix) improving accountability, as well as teaching and 
     learning, by making assessments under this title congruent 
     with State assessment systems; and
       ``(x) 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 from a variety of sources, 
     including the National Assessment of Educational Progress, 
     State evaluations, and available research studies, in 
     carrying out this subsection.
       ``(4) Interim and final reports.--The Secretary shall 
     submit to the President and the appropriate committees of the 
     Congress an interim report by January 1, 1996, summarizing 
     the preliminary findings of the assessment 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. The Secretary shall report 
     not later than December 31, 1997 to the Committee on 
     Education and Labor of the House of Representatives and the 
     Committee on Labor and Human Resources of the Senate on how 
     schoolwide programs are meeting the needs of children from 
     migratory families.
       ``(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 Evaluation of Part A of Title I.--
       ``(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 
     challenging State content standards and challenging 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 three 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 and evaluations as required under this title;
       ``(C) utilize the highest available content standards that 
     are generally accepted as national in scope;
       ``(D) provide information on all students, students served 
     under part A, 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 
     ongoing evaluation under subsection (c), the Secretary shall 
     use developmentally appropriate measures to assess student 
     performance and progress.
       ``(e) Parental Involvement, Study, Report and 
     Dissemination.--
       ``(1) In general.--The Secretary, through the Office of 
     Education Research and Improvement, shall conduct a study to 
     identify and describe--
       ``(A) common barriers to effective parental involvement in 
     the education of participating children; and
       ``(B) successful local policies and programs which improve 
     parental involvement and the performance of participating 
     children.
       ``(2) Duties of secretary.--The Secretary shall--
       ``(A) complete such study by December 31, 1996;
       ``(B) report the findings of such study to the Committee on 
     Education and Labor of the House of Representatives and to 
     the Committee on Labor and Human Resources of the Senate; and
       ``(C) disseminate the findings, relating to the successful 
     local policies and programs which improve parental 
     involvement and the performance of participating children, to 
     local educational agencies.

     ``SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.

       ``(a) Demonstration Programs To Improve Achievement.--
       ``(1) 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, 
     public or private partnerships involving business and 
     industry 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) integration of education services with each other and 
     with health, family, and other social services such as 
     mentoring programs, particularly in empowerment zones and 
     enterprise communities;
       ``(C) effective approaches to whole school reform;
       ``(D) programs that have been especially effective with 
     limited-English-proficient children, migratory children and 
     other highly mobile students, children leaving institutions 
     for neglected or delinquent children and returning to school, 
     and homeless children and youth;
       ``(E) programs which are especially effective in 
     recruiting, inducting and retaining highly qualified teachers 
     for service in schools with low student achievement; and
       ``(F) programs that are built upon partnerships developed 
     between elementary and middle schools, employers, and the 
     community, which emphasize the integration of high quality 
     academic and vocational learning, stress excellence and high 
     expectations for success in academic subjects, instill 
     responsibility, decisionmaking, problem solving, 
     interpersonal skills, and other compentencies in students, 
     and make school relevant to the workplace and the community, 
     through applied and interactive teaching methodologies, team 
     teaching strategies, learning opportunities connecting 
     school, the workplace, and the community, and career 
     exploration, awareness, and career guidance opportunities.
       ``(2) 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.

     ``SEC. 1503. INNOVATIVE ELEMENTARY SCHOOL TRANSITION 
                   PROJECTS.

       ``(a) In General.--From the amount appropriated under 
     section 1002(g)(2), the Secretary shall provide not less than 
     $10,000,000, but not more than $40,000,000 to support 
     innovative transition projects in elementary schools 
     authorized under this section.
       ``(b) Grants.--
       ``(1) Local programs.--The Secretary shall award grants to 
     local educational agencies (including such agencies that 
     operate Follow Through programs, Even Start, and other 
     comparable programs) that have formed consortia with early 
     childhood programs (including Head Start, where available) 
     for the purpose of supporting projects, for children from 
     low-income families who previously attended a Head Start 
     program, Even Start program, or similar preschool program, 
     which provide education and other services in early 
     elementary grades.
       ``(2) Purposes of projects.--The purposes of projects 
     assisted under this section are to--
       ``(A) assist eligible children and their families in making 
     a successful transition from preschool through the early 
     elementary grades;
       ``(B) enable eligible children to achieve challenging 
     academic standards through a model, developmentally 
     appropriate, instructional program; and
       ``(C) support the active involvement of parents in the 
     education of their children.
       ``(3) Components.--A program assisted under this 
     subsection--
       ``(A) shall provide transition to elementary school 
     activities, such as--
       ``(i) development of a transition plan for each child which 
     provides for instruction, support, and assistance through the 
     third grade;
       ``(ii) transfer of each child's preschool records to the 
     elementary school (with parental consent);
       ``(iii) formal meetings between a child's parent, preschool 
     teacher, and kindergarten or first grade teacher; and
       ``(iv) kindergarten visits and other orientation activities 
     for preschool children prior to enrollment in elementary 
     school;
       ``(B) shall use an instructional approach which--
       ``(i) has been shown to be effective in providing 
     transition services; or
       ``(ii) shows promise of providing effective transition 
     services;
       ``(C) shall provide for the direct participation of the 
     parents of such children in the development, operation, and 
     evaluation of such program;
       ``(D) shall provide directly or through referral 
     comprehensive educational, health, nutritional, social, and 
     other services that aid in the continued development of 
     eligible children to their full potential;
       ``(E) shall ensure that each supportive services team 
     developed pursuant to subsection (c)(8) includes a sufficient 
     number of family service coordinators to adequately meet the 
     needs of eligible children and their families; and
       ``(F) may provide for the use of mentors who are secondary 
     school students to assist elementary and secondary students 
     who were formerly enrolled in Head Start or Even Start 
     programs.
       ``(c) Applications.--An application for a grant under 
     subsection (b) shall--
       ``(1) describe the goals which the applicant plans to 
     achieve;
       ``(2) describe the instructional approach the applicant 
     will use, and the manner in which the applicant will 
     implement such approach;
       ``(3) describe the transition to elementary school 
     activities for which assistance is sought;
       ``(4) describe the members of the consortium required by 
     subsection (b)(1);
       ``(5) shall include evidence that the consortium members 
     each have performed assessments of their programs to ensure 
     that such members have the capacity to address the health, 
     immunization, mental health, nutrition, parenting education, 
     literacy, social service (including substance abuse, 
     education, and prevention), and educational needs of low-
     income students and their families whom the consortium 
     members plan to serve;
       ``(6) describe how the project will be coordinated with 
     title I, title VII, and other programs under this Act;
       ``(7) provide evidence that the proposed transition 
     activities, instruction, and other services to be provided by 
     the applicant have been specifically designed to build upon, 
     and coordinate with, the services provided to eligible 
     children and their parents by local Heat Start, Even Start, 
     and other similar preschool programs;
       ``(8) include--
       ``(A) a plan for the development of a support services 
     team, including a family service coordinator, to--
       ``(i) assist families, administrators, and teachers to 
     respond to health, immunization, mental health, nutrition, 
     social service, and educational needs of eligible 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 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 under subsection (b), in cooperation with 
     parental involvement efforts undertaken pursuant to this 
     part, the Head Start Act, and the Individuals with 
     Disabilities Education Act, including school-parent compacts, 
     parent volunteer activities, parent education services and 
     training such as the services and training provided through 
     the Even Start program, and regular meetings; and
       ``(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; or
       ``(B) a description of the comprehensive, coordinated 
     services currently provided to children eligible for services 
     under this section;
       ``(9) designate a member of the support services team 
     described in paragraph (8) who will serve as the supervisor 
     of such support services team;
       ``(10) contain assurances that State agencies, local 
     agencies, and community-based organizations that provide 
     support services to low-income students served by the local 
     educational agency consortium have been consulted in the 
     preparation of the plan described in paragraph (8);
       ``(11) contain assurances that State agencies, local 
     agencies, and community-based organizations that provide 
     support services to low-income students served by the local 
     educational agency consortium will designate an individual 
     who will act as a liaison to the support services team 
     described in paragraph (8);
       ``(12) describe the target population to be served by the 
     support services team described in paragraph (8), including 
     families previously served under part C of the Head Start 
     Act, or other comparable early childhood development program;
       ``(13) describe the support services to be provided, 
     directly or through referral;
       ``(14) describe the Federal and non-Federal resources that 
     will be used to carry out the program;
       ``(15) contain assurances that the support services 
     described in paragraph (8) will be equipped to assist 
     children and families with limited-English proficiency or 
     with disabilities;
       ``(16) include a plan describing how the program assisted 
     under this section will be sustained, with funding received 
     under part A or other Federal and non-Federal funding 
     sources, after the grant has expired; and
       ``(17) contain such other information as the Secretary may 
     reasonably require.
       ``(d) National Activities.--
       ``(1) In general.--Of the amount provided under subsection 
     (a) to carry out this section, the Secretary shall use not 
     less than $3,000,000 but not more $5,000,000 to carry out 
     national activities to evaluate and improve the use of 
     innovative transition programs.
       ``(2) Technical assistance and training.-- Of the amount 
     reserved under paragraph (1), the Secretary shall use not 
     less than $3,000,000 to award grants to public and private 
     nonprofit agencies, institutions, and organizations to 
     provide to consortia which receive grants under subsection 
     (b)(1) and, to the extent feasible, to schools that are 
     designated schoolwide programs under section 1114--
       ``(A) technical assistance in the implementation and 
     expanded use of model transition and instructional 
     approaches, including the use of appropriate pedagogy, 
     efforts to increase parental involvement and providing access 
     to coordinated services; and
       ``(B) training in conjunction with the implementation and 
     operation of such model approaches.
       ``(3) Coordination and dissemination.--The Secretary, in 
     cooperation with the Secretary of Health and Human Services, 
     may promote coordination of activities assisted under this 
     section with the projects funded under the Head Start 
     Transition Projects Act, including a process to--
       ``(A) collect information on program activities and 
     results; and
       ``(B) disseminate information on successful transition 
     programs.
       ``(4) Evaluation.--(A) The Secretary, in cooperation with 
     the Secretary of Health and Human Services, is authorized to 
     award grants, or enter into contracts or cooperative 
     agreements, to provide for the evaluation of the programs 
     assisted under this section.
       ``(B) To the extent practicable, such evaluations shall be 
     conducted jointly with evaluations of Head Start Transition 
     Projects.
       ``(5) Other activities.--The Secretary may undertake other 
     activities to promote the replication of successful 
     transition programs.
       ``(e) Coordination of Regulations.--The Secretary shall 
     work with the Secretary of Health and Human Services to 
     coordinate regulations promulgated under this section with 
     regulations promulgated under the Head Start Act Amendments 
     of 1994.
       ``(f) General Provisions.--
       ``(1) Priority.--In awarding grants under subsection 
     (b)(1), the Secretary shall give priority to applicants 
     that--
       ``(A) will operate a project under this section at a school 
     designated as a schoolwide program under section 1114;
       ``(B) serve local educational agencies that have the 
     highest numbers or percentages 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.
       ``(2) Supplement.--An application for assistance under this 
     section may not be approved unless the Secretary is satisfied 
     that the services to be provided by the applicant will 
     supplement, and not supplant, services that previously 
     provided other Federal assistance.
       ``(3) Sufficient size.--A grant under subsection (b)(1) 
     shall be of sufficient size and scope to enable the grantee 
     to operate a project which meets the requirements of this 
     section.
       ``(4) Urban and rural grants.--To the extent practicable, 
     the Secretary shall award grants under subsection (b)(1) to 
     consortia in both urban and rural areas.
       ``(5) Renewal grant.--To be eligible to renew a grant under 
     the section, an applicant that received assistance under 
     subsection (b)(1) shall demonstrate that the project achieved 
     the purposes described in subsection (b)(2).
       ``(g) Definitions.--As used in this section:
       ``(1) Family services coordinator.--The term `family 
     services coordinator' means an individual who has the skills 
     necessary to assist families in obtaining support services 
     and may be an existing employee of a local educational agency 
     or Head Start agency.
       ``(2) 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.).
       ``(3) Support services.--The term `support services' means 
     services that 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 F--GENERAL PROVISIONS

     ``SEC. 1601. FEDERAL REGULATIONS.

       ``(a) In General.--The Secretary is authorized to issue 
     such regulations as are necessary to reasonably ensure that 
     there is compliance with this title.
       ``(b) Negotiated Rulemaking Process.--
       ``(1) In general.--Prior to publishing in the Federal 
     Register proposed regulations to carry out this title, the 
     Secretary shall obtain the advice and recommendations of 
     representatives of Federal, State, and local administrators, 
     parents, teachers, and members of local boards of education 
     involved with the implementation and operation of programs 
     under this title.
       ``(2) Meetings and electronic exchange.--Such advice and 
     recommendation may be obtained through such mechanisms as 
     regional meetings and electronic exchanges of information.
       ``(3) Proposed regulations.--After obtaining such advice 
     and recommendations, and prior to publishing proposed 
     regulations, the Secretary shall--
       ``(A) establish a negotiated rulemaking process on a 
     minimum of two key issues, including--
       ``(i) schoolwide programs; and
       ``(ii) standards and assessment;
       ``(B) select individuals to participate in such process 
     from among individuals or groups which provided advice and 
     recommendations, including representation from all geographic 
     regions of the United States; and
       ``(C) prepare a draft of proposed policy options that shall 
     be provided to the individuals selected by the Secretary 
     under subparagraph (A) not less than 15 days prior to the 
     first meeting under such process.
       ``(4) Process.--Such process--
       ``(A) shall be conducted in a timely manner to ensure that 
     final regulations are issued by the Secretary not later than 
     July 1, 1995; and
       ``(B) shall not be subject to the Federal Advisory 
     Committee Act but shall otherwise follow the provisions of 
     the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).
       ``(5) Emergency situation.--In an emergency situation in 
     which regulations to carry out this title must be issued with 
     a very limited time to assist State and local educational 
     agencies with the operation of a program under this title, 
     the Secretary may issue proposed regulations without 
     following such process but shall, immediately thereafter and 
     prior to issuing final regulations, conduct regional meetings 
     to review such proposed regulations.
       ``(c) Limitation.--Regulations to carry out this part may 
     not require local programs to follow a particular 
     instructional model, such as the provision of services 
     outside the regular classroom or school program.

     ``SEC. 1602. COORDINATION OF FEDERAL, STATE, AND LOCAL 
                   ADMINISTRATION.

       ``(a) Program Assistance Manual.--The Secretary shall, not 
     later than six months after the publication of final 
     regulations under this title, prepare and distribute to State 
     educational agencies, State agencies operating programs under 
     parts C and D, and local educational agencies, and shall make 
     available to parents and other interested individuals, 
     organizations, and agencies, a manual for this title to--
       ``(1) assist such agencies in--
       ``(A) enhancing the quality, increasing the depth, or 
     broadening the scope of activities for programs under this 
     title;
       ``(B) applying for program funds under this title; and
       ``(C) meeting the program objectives under this title;
       ``(2) assist State educational agencies in achieving proper 
     and efficient administration of programs funded under this 
     title;
       ``(3) assist parents to become involved in the planning 
     for, and implementation and evaluation of, programs and 
     projects under this title; and
       ``(4) ensure that officers and employees of the Department, 
     including officers and employees of the Secretary and 
     officers and employees of the Department charged with 
     auditing programs carried on under this title, uniformly 
     interpret, apply, and enforce requirements under this title 
     throughout the United States.
       ``(b) Contents of Policy Manual.--The policy manual shall, 
     with respect to programs carried out under this title, 
     contain descriptions, statements, procedural and substantive 
     rules, opinions, policy statements and interpretations and 
     indices to and amendments of the foregoing, and in 
     particular, whether or not such descriptions, statements, 
     procedural and substantive rules, opinions, policy statements 
     and interpretations and indices are required under section 
     552 of title 5, United States Code, to be published or made 
     available. The manual shall include--
       ``(1) a statement of the requirements applicable to the 
     programs carried out under this title, including such 
     requirements contained in this title, the General Education 
     Provisions Act, other applicable statutes, and regulations 
     issued under the authority of such statutes;
       ``(2) an explanation of the purpose of each requirement and 
     its interrelationship with other applicable requirements; and
       ``(3) model forms and instructions developed by the 
     Secretary for use by State and local educational agencies, at 
     the discretion of such agencies, including, application 
     forms, application review checklists, and instruments for 
     monitoring programs under this title.
       ``(c) Response to Inquiries.--The Secretary shall respond 
     with written guidance not later than 90 days after any 
     written request (return receipt requested) from a State or 
     local educational agency regarding a policy, question, or 
     interpretation under this title is received. In the case of a 
     request from a local educational agency, such agency is 
     required to address its request to the State educational 
     agency first.

     ``SEC. 1603. STATE ADMINISTRATION.

       ``(a) Rulemaking.--
       ``(1) 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 and provide any such proposed rules, regulations, 
     and policies to the committee of practitioners under 
     subsection (b) for their review and comment;
       ``(B) minimize such rules, regulations, and policies to 
     which their local educational agencies and schools are 
     subject; and
       ``(C) identify any such rule, regulation, or policy as a 
     State-imposed requirement.
       ``(2) Support and facilitation.--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 challenging State 
     content standards and challenging State student performance 
     standards.
       ``(b) Committee of Practitioners.--
       ``(1) In general.--Each State educational agency shall 
     create a State committee of practitioners to advise the State 
     in carrying out its responsibilities under this title.
       ``(2) Membership.--Each such committee shall include--
       ``(A) as a majority of its members, representatives from 
     local educational agencies;
       ``(B) administrators;
       ``(C) teachers, including vocational educators;
       ``(D) parents;
       ``(E) members of local boards of education;
       ``(F) representatives of private school children; and
       ``(G) pupil services personnel.
       ``(3) Duties.--The duties of such committee shall include a 
     review, prior to publication, of any proposed or final State 
     rule or regulation pursuant to this title. In an emergency 
     situation where such rule or regulation must be issued within 
     a very limited time to assist local educational agencies with 
     the operation of the program under this title, the State 
     educational agency may issue a regulation without prior 
     consultation, but shall immediately thereafter convene the 
     State committee of practitioners to review the emergency 
     regulation prior to issuance in final form.
       ``(c) Payment for State Administration.--Each State may 
     reserve for the proper and efficient performance of its 
     duties under this title the greater of--
       ``(1) 1.00 percent of the funds received under subsections 
     (a), (c), and (d) of section 1002; or
       ``(2) $400,000, or $50,000 in the case of the outlying 
     areas.

     ``SEC. 1604. 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--DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM

     ``SEC. 2001. FINDINGS.

       ``The Congress finds as follows:
       ``(1) Reaching the National Education Goals, particularly 
     the third, fourth, and fifth National Education Goals, 
     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 
     such goals is ensuring, through sustained and intensive high-
     quality professional development, that all teachers will 
     provide challenging learning experiences in the core academic 
     subjects for their students.
       ``(3) Decisionmaking as to what activities a State or local 
     educational agency should undertake to improve teaching and 
     learning are best made by individuals in the schools closest 
     to the classroom and most knowledgeable about the needs of 
     schools and students.
       ``(4) 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 improve 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, and, where 
     appropriate, administrators and pupil services personnel, in 
     a school and, through professional networks of teachers, and, 
     where appropriate, teacher educators, 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, and, where 
     appropriate, 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.
       ``(5) 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.
       ``(6) Professional development is often a victim of budget 
     reductions in fiscally difficult times.
       ``(7) The Federal Government has a vital role in helping 
     States and local educational agencies 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.
       ``(8) Professional development activities must prepare 
     teachers, pupil services personnel, paraprofessionals and 
     other staff in the collaborative skills needed to 
     appropriately teach children with disabilities, in the core 
     academic subjects.
       ``(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, where appropriate, administrators, to enable parents to 
     participate fully and effectively in their children's 
     education.

     ``SEC. 2002. PURPOSES.

       ``The purposes of this title are to provide assistance to 
     State and local educational agencies and to institutions of 
     higher education with teacher education programs so that such 
     agencies and institutions can determine how best to improve 
     the teaching and learning of all students by--
       ``(1) helping to ensure that teachers, and, where 
     appropriate, other staff and administrators, have access to 
     sustained and intensive 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) helping to ensure that teachers, and, where 
     appropriate, 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. 2003. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION 
                   BETWEEN PARTS.

       ``(a) Authorization of Appropriations.--For the purpose of 
     carrying out this title, there are authorized to be 
     appropriated $800,000,000 for fiscal year 1995 and such sums 
     as may be necessary for each of the four succeeding fiscal 
     years.
       ``(b) Allocation Between Parts.--Of the amounts 
     appropriated to carry out this title for any fiscal year, the 
     Secretary shall make available--
       ``(1) 5 percent of such amounts to carry out subpart 1, of 
     which 5 percent of such 5 percent shall be available to carry 
     out section 2103;
       ``(2) 94 percent of such amounts to carry out part B; and
       ``(3) 1 percent of such amounts to carry out part C except 
     that such 1 percent shall not exceed $3,200,000 in any fiscal 
     year.

                      ``PART A--FEDERAL ACTIVITIES

     ``SEC. 2101. 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 part and 
     parts B and C, in accordance with section 14701.
       ``(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 the Office of 
     Special Education and Rehabilitative Services, 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. 2102. AUTHORIZED ACTIVITIES.

       ``(a) Activities.--The Secretary shall use funds available 
     to carry out this part for--
       ``(1) providing seed money to the entities described in 
     section 2101(a) to develop the capacity of such entities to 
     offer sustained and intensive high-quality professional 
     development;
       ``(2) awarding a grant or contract, in consultation with 
     the Director of the National Science Foundation, to establish 
     an Eisenhower National Clearinghouse for Mathematics and 
     Science Education (hereafter in this section referred to as 
     the `Clearinghouse'); and
       ``(3) evaluating programs assisted under this part and 
     parts B and C, in accordance with section 14701.
       ``(b) Clearinghouse.--
       ``(1) Application and award basis.--Each entity desiring to 
     establish and operate the Clearinghouse authorized by 
     subsection (a)(2) 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 subsection (a)(2) shall 
     be made on a competitive, merit basis.
       ``(2) Duration.--The grant or contract awarded under 
     subsection (a)(2) shall be awarded for a period of five years 
     and shall be reviewed by the Secretary not later than 30 
     months from the date the grant or contract is awarded.
       ``(3) Use of funds.--The grant or contract awarded under 
     subsection (a)(2) shall be used to--
       ``(A) 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 consortia 
     established under part C of title XIII and by the general 
     public;
       ``(B) compile information on all mathematics and science 
     education programs administered by each Federal agency or 
     department;
       ``(C) disseminate information, programs, and instructional 
     materials to the public, dissemination networks, and the 
     regional consortia established under part C of title XIII;
       ``(D) 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;
       ``(E) participate in collaborative meetings of 
     representatives of the Clearinghouse and the regional 
     consortia established under part C of title XIII 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 consortia, except that not more than 3 percent of 
     the funds awarded under subsection (a)(2) shall be used to 
     carry out this subparagraph; and
       ``(F) gather qualitative and evaluative data on submissions 
     to the Clearinghouse.
       ``(4) 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.
       ``(5) Peer review.--The Secretary shall establish a peer 
     review process to select the recipient of the award under 
     subsection (a)(2).
       ``(6) Steering committee.--The Secretary may appoint a 
     steering committee to recommend policies and activities for 
     the Clearinghouse.
       ``(7) Application of copyright laws.--Nothing in this 
     subsection 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.
       ``(8) 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.
       ``(c) Uses of Funds.--The Secretary may use funds available 
     to carry out this part for--
       ``(1) the development and maintenance of national 
     clearinghouses for core academic subjects as the Secretary 
     determines are needed and which shall be administered as 
     adjunct clearinghouses of the Educational Resources 
     Information Center Clearinghouses system of clearinghouses 
     supported by the Office of Educational Research and 
     Improvement;
       ``(2) professional development institutes that provide 
     teachers or teams of teachers, and, where appropriate, 
     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, such as 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) efforts to train teachers in the innovative uses and 
     applications of technology to enhance student learning;
       ``(5) the development and dissemination of model teaching 
     standards in the core academic subjects;
       ``(6) disseminating standards in the core academic 
     subjects, including information on voluntary national content 
     standards and voluntary national student performance 
     standards and related models of high-quality professional 
     development;
       ``(7) the dissemination of information about voluntary 
     national content standards, State content standards, 
     voluntary national student performance standards and State 
     student performance standards, and related models of high-
     quality professional development;
       ``(8) efforts to train teachers in innovative instructional 
     methodologies designed to meet the diverse learning needs of 
     individual students, including methodologies which integrate 
     academic and vocational learning and applied learning, 
     interactive, interdisciplinary team teaching, and other 
     alternative teaching strategies, such as service learning, 
     experiential learning, career-related education, and 
     environmental education, that integrate real world 
     applications into the core academic subjects;
       ``(9) disseminating 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;
       ``(10) promoting the transferability of licensure and 
     certification of teachers and administrators among State and 
     local jurisdictions;
       ``(11) supporting the National Board for Professional 
     Teaching Standards;
       ``(12) developing activities to prepare teachers, and, 
     where appropriate, paraprofessionals, pupil services 
     personnel, and other staff in the collaborative skills needed 
     to appropriately teach children with disabilities in the core 
     academic subjects;
       ``(13) encouraging the development of innovative models for 
     recruitment, induction, retention, and assessment of new, 
     highly qualified teachers, especially such teachers from 
     historically underrepresented groups; and
       ``(14) joint activities with other Federal agencies and 
     entities engaged in or supporting similar professional 
     development efforts.

     ``SEC. 2103. 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 early childhood education, and for 
     teachers of core academic subjects including teachers of 
     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 one 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 nine core subject areas 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 subject 
     areas:
       ``(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 ten grants under 
     paragraph (1) to ten 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 a total of 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 core 
     academic subjects 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) to submit 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 ensure 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 subject 
     matter served by the National Teacher Training Project site;
       ``(4) use 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 in each 
     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.

                  ``PART B--STATE AND LOCAL ACTIVITIES

     ``SEC. 2201. PROGRAM AUTHORIZED.

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

     ``SEC. 2202. ALLOCATION OF FUNDS.

       ``(a) Reservation of Funds.--From the amount available to 
     carry out this part 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; and
       ``(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 Allocations.--The Secretary shall allocate the 
     amount available to carry out this part 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 \1/2\ 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 five 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, or for fiscal year 1995 only, such 
     part's predecessor authority.
       ``(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 such subsection.

     ``SEC. 2203. WITHIN-STATE ALLOCATIONS.

       ``Of the amounts received by a State under this part for 
     any fiscal year--
       ``(1) 84 percent shall be available for local allowable 
     activities under section 2210(b), of which--
       ``(A) not more than 5 percent may be used for the 
     administrative costs of the State educational agency and for 
     State-level activities described in section 2207; and
       ``(B) of the remaining amount--
       ``(i) 50 percent shall be distributed to local educational 
     agencies--

       ``(I) for use in accordance with section 2210; 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 2210; and
       ``(II) in accordance with the relative amount such agencies 
     received under part A of title I or for fiscal year 1995 for 
     the preceding fiscal year, such part's predecessor authority; 
     and

       ``(2) 16 percent shall be available to the State agency for 
     higher education for activities under section 2211, of which 
     not more than 5 percent may be used for the administrative 
     costs of the State agency for higher education.

     ``SEC. 2204. CONSORTIUM REQUIREMENT.

       ``(a) In General.--A 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 State educational agency may waive the 
     application of paragraph (1) in the case of any local 
     educational agency that demonstrates that the amount of its 
     allocation under this part is sufficient to provide a program 
     of sufficient size, scope, and quality to be effective. In 
     granting waivers under the preceding sentence, the State 
     educational agency shall--
       ``(1) give special consideration to local educational 
     agencies serving rural areas if distances or traveling time 
     between schools make formation of the consortium more costly 
     or less effective; and
       ``(2) consider cash or in-kind contributions provided from 
     State or local sources that may be combined with the local 
     educational agency's allocation for the purpose of providing 
     services under this part.
       ``(c) Special Rule.--Each consortium shall rely, as much as 
     possible, on technology or other arrangements to provide 
     staff development programs tailored to the needs of each 
     school or school district participating in a consortium 
     described in subsection (a).

     ``SEC. 2205. STATE APPLICATIONS.

       ``(a) Applications Required.--Each State educational agency 
     that wishes to receive an allotment under this part for any 
     fiscal year shall submit an application to the Secretary at 
     such time, in such form, and containing such information as 
     the Secretary may require.
       ``(b) State Plan To Improve Teaching and Learning.--
       ``(1) In general.--Each application under this section 
     shall include a State plan that is coordinated with the 
     State's plan under other programs assisted under this Act, 
     the Goals 2000: Educate America Act, and other Acts, as 
     appropriate, consistent with the provisions of section 14306.
       ``(2) Contents.--Each such State plan shall--
       ``(A) be developed in conjunction with the State agency for 
     higher education, community-based and other 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, and, where appropriate, 
     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) include a description of how the plan has assessed 
     the needs of local educational agencies serving rural and 
     urban areas, and what actions are planned to meet such needs;
       ``(E) include a description of how the activities assisted 
     under this part will address the needs of teachers in schools 
     receiving assistance under part A of title I;
       ``(F) a description of how programs in all core academic 
     subjects, but especially in mathematics and science, will 
     take into account the need for greater access to, and 
     participation in, such disciplines by students from 
     historically underrepresented groups, including females, 
     minorities, individuals with limited English proficiency, the 
     economically disadvantaged, and individuals with 
     disabilities, by incorporating pedagogical strategies and 
     techniques which meet such individuals' educational needs;
       ``(G) be consistent with the State's needs assessment under 
     subparagraph (C), and describe how the State will work with 
     teachers, including teachers in schools receiving assistance 
     under part A of title I, administrators, parents, local 
     educational agencies, schools, educational service agencies, 
     institutions of higher education, and nonprofit organizations 
     of demonstrated effectiveness, to ensure that such 
     individuals develop the capacity to support sustained and 
     intensive, high-quality professional development programs in 
     the core academic subjects;
       ``(H) 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 and 
     whether such requirements are aligned with such standards;
       ``(I) address the need for improving teaching and learning 
     through 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;
       ``(J) describe how the State will prepare all teachers to 
     teach children with diverse learning needs, including 
     children with disabilities;
       ``(K) describe how the State will prepare teachers, and, 
     where appropriate, paraprofessionals, pupil services 
     personnel, and other staff in the collaborative skills needed 
     to appropriately teach children with disabilities, in the 
     core academic subjects;
       ``(L) describe how the State will use technology, including 
     the emerging national information infrastructure, to enhance 
     the professional development of teachers, and, where 
     appropriate, administrators and pupil services personnel;
       ``(M) describe how the State will provide incentives to 
     teachers and administrators to focus their professional 
     development on preparing such teachers and administrators to 
     provide instruction consistent with challenging State content 
     standards and challenging State student performance 
     standards;
       ``(N) set specific performance indicators for professional 
     development; and
       ``(O) describe how parents can be involved in professional 
     development programs to enhance the participation of parents 
     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 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.
       ``(c) Additional Material.--Each State application shall 
     include--
       ``(1) a description of how the activities assisted under 
     this part 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 the Individuals with Disabilities Education Act;
       ``(B) programs supported by 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 2207 and the higher 
     education activities under section 2211.
       ``(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. 2206. 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 title 
     is less than $250,000,000, each State shall ensure that all 
     funds distributed in accordance with section 2203(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 title 
     is equal to or exceeds $250,000,000, each State and local 
     educational agency shall use for professional development 
     activities in mathematics and science the amount of funds 
     that would have been made available to each such agency in 
     accordance with sections 2202 and 2203 if the amount 
     appropriated was $250,000,000, consistent with subsection 
     (a), and are permitted and encouraged to use the amount of 
     funds in excess of $250,000,000 that is made available in 
     accordance with sections 2202 and 2203 for professional 
     development activities in mathematics and science.

     ``SEC. 2207. STATE LEVEL ACTIVITIES.

       ``Each State may use funds made available under section 
     2203(1)(A) to carry out activities described in the plan 
     under section 2205(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, especially schools and local 
     educational agencies that receive assistance under part A of 
     title I, 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) supporting partnerships between schools, consortia of 
     schools, or local educational agencies and institutions of 
     higher education, including schools of education, which 
     encourage--
       ``(A) teachers to participate in intensive, ongoing 
     professional development programs, both academic and 
     pedagogical, at institutions of higher education; and
       ``(B) students at institutions of higher education studying 
     to become teachers to have direct, practical experience at 
     the schools;
       ``(6) providing 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 of 
     achieving gender equity both in students' access to computers 
     and other educational technology and in teaching practices 
     used in the application of educational technology;
       ``(7) providing incentives for teachers to be involved in 
     assessment, curriculum development, and technical assistance 
     processes for teachers and students;
       ``(8) providing professional development to enable 
     teachers, and, where appropriate, pupil services personnel, 
     and other school staff, to ensure that girls and young women, 
     minorities, limited English proficient students, individuals 
     with disabilities, and economically disadvantaged students 
     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;
       ``(9) professional development and recruitment activities 
     designed to increase the numbers of minorities, individuals 
     with disabilities, and women teaching in the core academic 
     subjects in which such individuals are underrepresented;
       ``(10) providing financial or other incentives for teachers 
     to become certified by nationally recognized professional 
     teacher enhancement organizations;
       ``(11) providing professional development activities which 
     prepare teachers, and where appropriate, pupil services 
     personnel, paraprofessionals, and other staff in the 
     collaborative skills needed to appropriately teach children 
     with disabilities, in the core academic subjects;
       ``(12) identifying, developing, or supporting professional 
     development strategies to better equip parents to assist 
     their children in raising their children's achievement in the 
     core academic subjects;
       ``(13) professional development activities designed to 
     increase the number of women and other underrepresented 
     groups in the administration of schools;

     ``SEC. 2208. LOCAL PLAN AND APPLICATION FOR IMPROVING 
                   TEACHING AND LEARNING.

       ``(a) Local Application.--
       ``(1) In general.--Each local educational agency that 
     wishes to receive a subgrant under this part shall submit an 
     application (singly or as a consortium as described in 
     section 2204) to the State educational agency at such time as 
     the State educational agency shall require, but not less 
     frequently than every three years, that is coordinated with 
     other programs under this Act, the Goals 2000: Educate 
     America Act, or other Acts, as appropriate, consistent with 
     the provisions of section 14306..
       ``(2) Indicators.--A local educational agency shall set 
     specific performance indicators for improving teaching and 
     learning through professional development.
       ``(b) Needs Assessment.--
       ``(1) In general.--A local educational agency that wishes 
     to receive a subgrant under this part shall include in its 
     application an assessment of local needs for professional 
     development as identified by the local educational agency and 
     school staff.
       ``(2) Requirements.--Such needs assessment shall be carried 
     out with the involvement of teachers, including teachers in 
     schools receiving assistance under part A of title I, and 
     shall take into account what activities need to be conducted 
     in order to give teachers and, where appropriate, 
     administrators, the means, including the knowledge and 
     skills, to provide students with the opportunity to meet 
     challenging State or local student performance standards.
       ``(c) Application Contents.--Each application under this 
     section shall include the local educational agency's plan for 
     professional development that--
       ``(1) focuses on teaching and learning in the core academic 
     subjects; and
       ``(2) has been developed with the extensive participation 
     of administrators, staff, and pupil services personnel, which 
     teachers shall also be representative of the grade spans 
     within schools to be served and of schools which receive 
     assistance under part A of title I.
       ``(d) Plan Contents.--
       ``(1) In general.--Based on the needs assessment required 
     under subsection (b), the local educational agency's plan 
     shall--
       ``(A) include a description of how the plan contributes to 
     the local educational agency's overall efforts for school 
     reform and educational improvement;
       ``(B) include a description of how the activities funded 
     under this section will address the needs of teachers in 
     schools receiving assistance under part A of title I;
       ``(C) be aligned with the State's challenging State content 
     standards and challenging State student performance 
     standards;
       ``(D) describe a strategy, tied to challenging State 
     content standards and challenging State student performance 
     standards, consistent with the needs assessment under 
     subsection (b);
       ``(E) be of sufficient intensity and duration to have a 
     positive and lasting impact on the student's performance in 
     the classroom;
       ``(F) describe how programs in all core academic subjects, 
     but especially in mathematics and science, will take into 
     account the need for greater access to, and participation in, 
     such disciplines by students from historically 
     underrepresented groups, including girls and women, 
     minorities, individuals with limited English proficiency, the 
     economically disadvantaged, and individuals with 
     disabilities, by incorporating pedagogical strategies and 
     techniques which meet such individuals' educational need;
       ``(G) contain an assurance that the activities conducted 
     with funds received under this part will be assessed at least 
     every three years using the performance indicators;
       ``(H) describe how the program funded under this part will 
     be coordinated, as appropriate, with--
       ``(i) activities conducted under section 2131 and other 
     services of institutions of higher education;
       ``(ii) similar State and local activities;
       ``(iii) resources provided under part A of title I and 
     other provisions of this Act;
       ``(iv) resources from business, industry, public and 
     private nonprofit organizations (including museums, 
     libraries, educational television stations, community-based 
     organizations, professional organizations and associations 
     specializing in, or with a demonstrated expertise in the core 
     academic subjects);
       ``(v) funds or programming from other Federal agencies, 
     such as the National Science Foundation, the Department of 
     Energy, the Department of Health and Human Services, the 
     Institute of Museum Services, the National Endowment for the 
     Humanities, and the National Endowment for the Arts;
       ``(vi) services of educational service agencies; and
       ``(vii) resources provided under the Individuals with 
     Disabilities Education Act;
       ``(I) identify the sources of funding that will provide the 
     local educational agency's contribution under section 2209; 
     and
       ``(J) describe the professional development strategies to 
     be employed to more fully and effectively involve parents in 
     the education of their children.
       ``(2) Duration of the plan.--Each local plan described in 
     subsection (b)(1) shall--
       ``(A) remain in effect for the duration of the local 
     educational agency's participation under this part; and
       ``(B) 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 
     part.

     ``SEC. 2209. LOCAL COST-SHARING.

       ``(a) In General.--Each local educational agency shall 
     provide not less than 33 percent of the cost of the 
     activities assisted under this part, 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, including 
     private contributions, directed toward professional 
     development activities.
       ``(B) Release time for teachers participating in 
     professional development assisted under this part.
       ``(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 part 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) helping disadvantaged children meet high standards 
     under part A of title I.
       ``(ii) The Safe and Drug-Free Schools and Communities 
     program under title IV.
       ``(iii) Bilingual Education Programs under part A of title 
     VII.
       ``(iv) Programs under the Women's Educational Equity Act of 
     1994.
       ``(v) Programs under title III of the Goals 2000: Educate 
     America Act.
       ``(vi) 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.
       ``(vii) Programs under the Individuals with Disabilities 
     Education Act.
       ``(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.
       ``(c) Waiver.--The State educational agency may approve an 
     application which has not fully met the requirements of 
     subsection (a) and waive the requirements of subsection (a) 
     if a local educational agency can demonstrate that such 
     agency is unable to meet the requirements of subsection (a) 
     due to economic hardship and that compliance with such 
     requirements would preclude such agency's participation in 
     the program.

     ``SEC. 2210. LOCAL ALLOCATION OF FUNDS AND ALLOWABLE 
                   ACTIVITIES.

       ``(a) Local Allocation of Funds.--Each local educational 
     agency that receives funds under this part for any fiscal 
     year--
       ``(1) shall use not less than 80 percent of such funds for 
     professional development of teachers, and, where appropriate, 
     administrators, and, where appropriate, 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 2208, 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, where appropriate, the participation of 
     administrators, policymakers, and parents, if such activities 
     directly support instructional personnel.
       ``(b) Authorized Activities.--
       ``(1) In general.--Each local educational agency and school 
     that receives funds under this part shall use such funds for 
     activities that give teachers and administrators the 
     knowledge and skills to provide students with the opportunity 
     to meet challenging State or local content standards and 
     student performance standards.
       ``(2) Professional development activities.--Professional 
     development activities funded under this part shall--
       ``(A) be tied to challenging State content standards or 
     challenging local content standards, and challenging State 
     student performance standards or challenging local student 
     performance standards;
       ``(B) take into account recent research on teaching and 
     learning;
       ``(C) provide professional development which incorporates 
     effective strategies, techniques, methods, and practices for 
     meeting the educational needs of diverse groups of students, 
     including girls and women, minorities, individuals with 
     disabilities, limited English proficient individuals, and 
     economically disadvantaged individuals;
       ``(D) include strong academic content and pedagogical 
     components; and
       ``(E) be of sufficient intensity and duration to have a 
     positive and lasting impact on the teacher's performance in 
     the classroom.
       ``(3) Activities.--Funds under this part may be used for 
     professional development activities such as--
       ``(A) professional development for teams of teachers, and, 
     where appropriate, 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;
       ``(B) support and time, which in the case of teachers may 
     include release time with pay, for teachers, and, where 
     appropriate, 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, community-based organizations, and other 
     providers, such as educational partnership organizations, 
     science centers, and museums;
       ``(C) 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;
       ``(D) support for partnerships between schools, consortia 
     of schools, or local educational agencies, and institutions 
     of higher education, including schools of education, which 
     partnerships shall encourage--
       ``(i) teachers to participate in intensive, ongoing 
     professional development programs, both academic and 
     pedagogical, at institutions of higher education; and
       ``(ii) students at institutions of higher education 
     studying to become teachers to have direct, practical 
     experience at schools;
       ``(E) the establishment and maintenance of local 
     professional networks that provide a forum for interaction 
     among teachers and that allow exchange of information on 
     advances in content and pedagogy;
       ``(F) preparing teachers in the effective use of 
     educational technology and assistive technology as 
     instructional tools for increasing student understanding of 
     the core academic subjects;
       ``(G) professional development to enable teachers, and, 
     where appropriate, 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 the challenging State content 
     standards and challenging State student performance standards 
     in the core academic subjects;
       ``(H) professional development and recruitment activities 
     designed--
       ``(i) to increase the number of minorities, individuals 
     with disabilities, and females teaching in the core academic 
     subjects in which such individuals are underrepresented; and
       ``(ii) to increase the numbers of women and members of 
     other underrepresented groups who are science and mathematics 
     teachers, through such programs as career ladder programs 
     that assist educational paraprofessionals to obtain teaching 
     credentials in the core academic subjects;
       ``(I) providing financial or other incentives for teachers 
     to become certified by nationally recognized professional 
     teacher enhancement programs;
       ``(J) support and time for teachers, and, where 
     appropriate, pupil services personnel, and other school staff 
     to learn and implement effective collaboration for the 
     instruction of children with disabilities in the core 
     academic subject areas;
       ``(K) preparing teachers, and, where appropriate, pupil 
     services personnel to work with parents and families on 
     fostering student achievement in the core academic subjects;
       ``(L) professional development activities and other support 
     for new teachers as such teachers move into the classroom to 
     provide such teachers with practical support and to increase 
     the retention of such teachers;
       ``(M) professional development for teachers, parents, early 
     childhood educators, administrators, and other staff to 
     support activities and services related to preschool 
     transition programs to raise student performance in the core 
     academic subjects;
       ``(N) professional development activities to train teachers 
     in innovative instructional methodologies designed to meet 
     the diverse learning needs of individual students, including 
     methodologies which integrate academic and vocational 
     learning and applied learning, interactive and 
     interdisciplinary team teaching, and other alternative 
     teaching strategies such as service learning, experiential 
     learning, career-related education, and environmental 
     education, that integrate real world applications into the 
     core academic subjects;
       ``(O) developing professional development strategies and 
     programs to more effectively involve parents in helping their 
     children achieve in the core academic subjects;
       ``(P) professional development activities designed to 
     increase the number of women and other underrepresented 
     groups in the administration of schools; and
       ``(Q) release time with pay for teachers.

     ``SEC. 2211. HIGHER EDUCATION ACTIVITIES.

       ``(a) Activities.--
       ``(1) In general.--From amounts made available under 
     section 2203(2), the State agency for higher education, 
     working in conjunction with the State educational agency (if 
     such agencies are separate), shall make grants to, or enter 
     into contracts or cooperative agreements with, institutions 
     of higher education and nonprofit organizations of 
     demonstrated effectiveness, including museums and educational 
     partnership organizations, which must work in conjunction 
     with a local educational agency, consortium of local 
     educational agencies, or schools, for--
       ``(A) professional development activities in the core 
     academic subjects that contribute to the State plan for 
     professional development;
       ``(B) developing and providing assistance to local 
     educational agencies, and the teachers and staff of each such 
     agency, for sustained, high-quality professional development 
     activities; and
       ``(C) improving teacher education programs in order to 
     promote further innovation in teacher education programs 
     within an institution of higher education and to better meet 
     the needs of the local educational agencies for well-prepared 
     teachers.
       ``(2) Competitive basis.--Each grant, contract, or 
     cooperative agreement described in paragraph (1) shall be 
     awarded on a competitive basis.
       ``(3) Special rule.--No institution of higher education may 
     receive assistance under (a)(1) of this subsection unless the 
     institution enters into an agreement with a local educational 
     agency, or consortium of such agencies, to provide sustained, 
     high-quality professional development for the elementary and 
     secondary school teachers in the schools of each such agency.
       ``(4) 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, and, where 
     appropriate, pupil services personnel and administrators from 
     individual schools or school districts;
       ``(2) other sustained and intensive professional 
     development activities related to achievement of the State 
     plan for professional development; and
       ``(3) preservice training activities.
       ``(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.

        ``PART C--PROFESSIONAL DEVELOPMENT DEMONSTRATION PROJECT

     ``SEC. 2301. 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 of this Act 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 part--
       ``(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. 2302. 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 part 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 part, 
     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 not less than 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. 2303. GRANTS.

       ``(a) Authority.--
       ``(1) In general.--The Secretary shall award grants for 
     planning, and grants for the implementation of, professional 
     development programs under this part.
       ``(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 part, 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 part.
       ``(b) Grant Requirements.--
       ``(1) Duration.--The Secretary shall award--
       ``(A) planning grants under this part for a period of not 
     less than six months and not more than nine months; and
       ``(B) implementation grants under this part for a period of 
     four fiscal years.
       ``(2) Amount.--The Secretary shall award grants under this 
     part 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 part shall exceed $500,000 in any one fiscal 
     year.

     ``SEC. 2304. PLAN.

       ``Each eligible partnership desiring assistance under this 
     part shall develop a plan for the program to be assisted 
     under this part. 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, and 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 part 
     will lead to districtwide policy and budget changes.

     ``SEC. 2305. 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 part.

     ``SEC. 2306. MATCHING FUNDS.

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

                      ``PART D--GENERAL PROVISIONS

     ``SEC. 2401. 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 performance indicators identified in such 
     State's 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 
     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 14701.
       ``(d) Prohibition on Funds Being Used for Construction or 
     Renovation.--Funds received under this part shall not be used 
     for construction or renovation of buildings, rooms, or any 
     other facilities.

     ``SEC. 2402. DEFINITIONS.

       ``As used in this part--
       ``(1) the term `core academic subjects' means those 
     subjects listed in the State plan under title III of the 
     Goals 2000: Educate America Act or under the third National 
     Education Goal as set forth in section 102(3) of such Act;
       ``(2) the term `performance indicators' means measures of 
     specific outcomes that the State or local educational agency 
     identifies 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 elementary and 
     secondary teachers with strong content backgrounds in the 
     core academic subjects;
       ``(C) incorporating effective strategies, techniques, 
     methods, and practices for meeting the educational needs of 
     diverse students, 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 student performance standards;
       ``(D) 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; and
       ``(E) specific increases in the number of teachers licensed 
     in each core academic subject;
       ``(3) 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) incorporate effective strategies, techniques, 
     methods, and practices for meeting the educational needs of 
     diverse students, 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 student performance standards;
       ``(D) 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
       ``(E) recognize teachers as an important source of 
     knowledge that should inform and help shape professional 
     development; and
       ``(4) the term `local', when used with respect to 
     standards, means challenging content and student performance 
     standards in the core academic subjects (in addition to 
     challenging State content and student performance standards 
     approved by the State for title I).

                 ``TITLE III--TECHNOLOGY FOR EDUCATION

     ``SEC. 3101. SHORT TITLE.

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

           ``PART A--TECHNOLOGY FOR EDUCATION OF ALL STUDENTS

     ``SEC. 3111. FINDINGS.

       ``The Congress finds that--
       ``(1) technology can produce far greater opportunities for 
     all students to learn to high standards, promote efficiency 
     and effectiveness in education, and 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) the use of technology as a tool in the teaching and 
     learning process is essential to the development and 
     maintenance of a technologically literate citizenry and an 
     internationally competitive workforce;
       ``(3) the acquisition and use of technology in education 
     throughout the United States has been inhibited by--
       ``(A) the absence of Federal leadership;
       ``(B) the inability of many State and local educational 
     agencies to invest in and support needed technologies;
       ``(C) the limited exposure of students and teachers to the 
     power of technology as a cost-effective tool to improve 
     student learning and achievement;
       ``(D) the lack of appropriate electrical and telephone 
     connections in the classroom; and
       ``(E) the limited availability of appropriate technology-
     enhanced curriculum, instruction, professional development, 
     and administrative support resources and services in the 
     educational marketplace;
       ``(4) 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, give priority to serving students in greatest need, 
     and recognize that educational telecommunications and 
     technology can address educational equalization concerns and 
     school restructuring needs by providing universal access to 
     high-quality teaching and programs, particularly in urban and 
     rural areas;
       ``(5) 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;
       ``(6) technology can enhance the ongoing professional 
     development of teachers and administrators by providing 
     constant access to updated research in teaching and learning 
     by means of telecommunications, and, through exposure to 
     technology advancements, keep teachers and administrators 
     excited and knowledgeable about unfolding opportunities for 
     the classroom;
       ``(7) planned and creative uses of technology, combined 
     with teachers adequately trained in the use of technology, 
     can reshape our Nation's traditional method of providing 
     education and empower teachers to create an environment in 
     which students are challenged through rigorous, rich 
     classroom instruction provided at a pace suited to each 
     student's learning style, and in which students have 
     increased opportunities to develop higher order thinking and 
     technical skills;
       ``(8) schools need new ways of financing the acquisition 
     and maintenance of educational technology;
       ``(9) the needs for educational technology differ from 
     State to State;
       ``(10) technology can provide students, parents, teachers, 
     other education professionals, communities, and industry with 
     increased opportunities for partnerships and with increased 
     access to information, instruction, and educational services 
     in schools and other settings, including homes, libraries, 
     preschool and child-care facilities, adult and family 
     education programs, and postsecondary institutions;
       ``(11) the Department, 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;
       ``(12) 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;
       ``(13) leadership at the Federal level should consider 
     guidelines to ensure that educational technology is 
     accessible to all users with maximum interoperability 
     nationwide;
       ``(14) the rapidly changing nature of technology requires 
     coordination and flexibility in Federal leadership; and
       ``(15) technology has the potential to assist and support 
     the improvement of teaching and learning in schools and other 
     settings.

     ``SEC. 3112. STATEMENT OF PURPOSE.

       ``The purpose of this part is to support a comprehensive 
     system for the acquisition and use by elementary and 
     secondary schools in the United States of technology and 
     technology-enhanced curricula, instruction, and 
     administrative support resources and services to improve the 
     delivery of educational services. Such system shall include--
       ``(1) national leadership with respect to the need for, and 
     the provision of, appropriate technology-enhanced curriculum, 
     instruction, and administrative programs to improve learning 
     in the United States, and to promote equal access for all 
     students to educational opportunities in order to achieve the 
     National Education Goals by the year 2000;
       ``(2) funding mechanisms which will support the 
     development, interconnection, implementation, improvement, 
     and maintenance of an effective educational technology 
     infrastructure, including activities undertaken by State and 
     local educational agencies to promote and provide equipment, 
     training for teachers and school library and media personnel, 
     and technical support;
       ``(3) support for technical assistance, professional 
     development, information and resource dissemination, in order 
     to help States, local educational agencies, teachers, school 
     library and media personnel, and administrators successfully 
     integrate technology into kindergarten through 12th grade 
     classrooms and library media centers;
       ``(4) support for the development of educational and 
     instructional programming in core subject areas, which shall 
     address the National Education Goals;
       ``(5) strengthening and building upon, but not duplicating, 
     existing telecommunications infrastructures dedicated to 
     educational purposes;
       ``(6) development and evaluation of new and emerging 
     educational technologies, telecommunications networks, and 
     state-of-the-art educational technology products that promote 
     the use of advanced technologies in the classroom and school 
     library media center;
       ``(7) assessment data regarding state-of-the-art uses of 
     technologies in United States education upon which commercial 
     and noncommercial telecommunications entities, and 
     governments can rely for decisionmaking about the need for, 
     and provision of, appropriate technologies for education in 
     the United States;
       ``(8) ensuring that uses of educational technology are 
     consistent with the overall national technology policy 
     established by the President, and ensuring that Federal 
     technology-related policies and programs will facilitate the 
     use of technology in education;
       ``(9) ensuring that activities supported under this part 
     will form the basis for sound State and local decisions about 
     investing in, sustaining, and expanding uses of technology in 
     education;
       ``(10) establishing 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;
       ``(11) ensuring that, as technological advances are made, 
     the educational uses of these advances are considered and 
     their applications are developed; and
       ``(12) encouragement of collaborative relationships among 
     the State agency for higher education, the State library 
     administrative agency, the State telecommunications agency, 
     and the State educational agency, in the area of technology 
     support to strengthen the system of education.

     ``SEC. 3113. DEFINITIONS.

       ``For purposes of this title--
       ``(1) the term `adult education' has the same meaning given 
     such term by section 312 of the Adult Education Act;
       ``(2) the term `all students' means students from a broad 
     range of backgrounds and circumstances, including 
     disadvantaged students, students with diverse racial, ethnic, 
     and cultural backgrounds, students with disabilities, 
     students with limited English proficiency, students who have 
     dropped out of school, and academically talented students;
       ``(3) the term `information infrastructure' means a network 
     of communication systems designed to exchange information 
     among all citizens and residents of the United States;
       ``(4) 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;
       ``(5) the terms `interoperable' and `interoperability' mean 
     the ability to exchange easily data with, and connect to, 
     other hardware and software in order to provide the greatest 
     accessibility for all students and other users;
       ``(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 `regional educational laboratory' means a 
     regional educational laboratory supported under section 
     941(h) of the Educational, Research, Development, 
     Dissemination, and Improvement Act of 1994;
       ``(9) 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;
       ``(10) the term `State library administrative agency' has 
     the same meaning given to such term in section 3 of the 
     Library Services and Construction Act; and
       ``(11) 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 hardware and software, video and 
     audio laser and CD-ROM discs, and video and audio tapes.

     ``SEC. 3114. AUTHORIZATION OF APPROPRIATIONS; FUNDING RULE.

       ``(a) Authorization of Appropriations.--
       ``(1) Subparts 1, 2, and 3.--There are authorized to be 
     appropriated $200,000,000 for fiscal year 1995 and such sums 
     as may be necessary for each of the four succeeding fiscal 
     years to carry out subparts 1, 2, and 3, of which--
       ``(A)(i) $3,000,000 shall be available to carry out subpart 
     1 (National Programs for Technology in Education) for any 
     such year for which the amount appropriated under this 
     subsection is less than $75,000,000; and
       ``(ii) $5,000,000 shall be available to carry out subpart 1 
     for any such year for which the amount appropriated under 
     this subsection is equal to or greater than $75,000,000;
       ``(B) $10,000,000 shall be available to carry out subpart 3 
     (Regional Technical Support and Professional Development) for 
     each such year; and
       ``(C) the remainder shall be available to carry out subpart 
     2 (State and Local Programs for School Technology Resources) 
     for each such year.
       ``(2) Subpart 4.--For the purpose of carrying out subpart 
     4, there are authorized to be appropriated $50,000,000 for 
     fiscal year 1995 and such sums as may be necessary for each 
     of the four succeeding fiscal years.
       ``(b) Funding Rule.--
       ``(1) Appropriations of less than $75,000,000.--For any 
     fiscal year for which the amount appropriated under 
     subsection (a)(1) is less than $75,000,000, from the 
     remainder of funds made available under subsection (a)(1)(C) 
     the Secretary shall award grants for the National Challenge 
     Grants in accordance with section 3136.
       ``(2) Appropriations equal to or greater than 
     $75,000,000.--For any fiscal year for which the amount 
     appropriated under subsection (a)(1) is equal to or greater 
     than $75,000,000, from the remainder of funds made available 
     under subsection (a)(1)(C) the Secretary shall award grants 
     to State educational agencies from allotments under section 
     3131, except that the Secretary may reserve, from such 
     remainder, such funds as the Secretary determines necessary 
     to meet outstanding obligations for such fiscal year to 
     continue the National Challenge Grants for Technology awarded 
     under section 3136.

     ``SEC. 3115. LIMITATION ON COSTS.

       ``Not more than 5 percent of the funds under this part that 
     are made available to a recipient of funds under this part 
     for any fiscal year may be used by such recipient for 
     administrative costs or technical assistance.

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

     ``SEC. 3121. NATIONAL LONG-RANGE TECHNOLOGY PLAN.

       ``(a) In General.--The Secretary shall develop and publish 
     not later than 12 months after the date of the 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 part.
       ``(b) Plan Requirements.--The Secretary shall--
       ``(1) 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 applications of technology to education, 
     representatives of distance learning consortia, 
     representatives of telecommunications partnerships receiving 
     assistance under the Star Schools Act, and providers of 
     technology services and products;
       ``(2) transmit such plan to the President and to the 
     appropriate committees of the Congress; and
       ``(3) publish such plan in a form that is readily 
     accessible to the public.
       ``(c) Contents of the Plan.--The national long-range plan 
     shall describe the Secretary's activities to promote the 
     purposes of this title, including--
       ``(1) 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;
       ``(2) 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 Institute for Literacy, 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--
       ``(A) to promote the use of technology in education, 
     training, and lifelong learning, including plans for the 
     educational uses of a national information infrastructure; 
     and
       ``(B) to ensure that the policies and programs of such 
     departments or agencies facilitate the use of technology for 
     educational purposes, to the extent feasible;
       ``(3) 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;
       ``(4) how the Secretary will promote--
       ``(A) higher achievement of all students through the 
     integration of technology into the curriculum;
       ``(B) 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;
       ``(C) the use of technology to assist in the implementation 
     of State systemic reform strategies;
       ``(D) the application of technological advances to use in 
     education;
       ``(E) increased access to high quality adult and family 
     education services through the use of technology for 
     instruction and professional development; and
       ``(F) increased opportunities for the professional 
     development of teachers in the use of new technologies;
       ``(5) 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;
       ``(6) 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;
       ``(7) how the Secretary will utilize the outcomes of the 
     evaluation undertaken pursuant to section 3123 to promote the 
     purposes of this part; and
       ``(8) the Secretary's long-range measurable goals and 
     objectives relating to the purposes of this part.

     ``SEC. 3122. FEDERAL LEADERSHIP.

       ``(a) Program Authorized.--In order to provide Federal 
     leadership in promoting the use of technology in education, 
     the Secretary, in consultation with the National Science 
     Foundation, the Department of Commerce, the United States 
     National Commission on Libraries and Information Sciences, 
     and other appropriate Federal agencies, may carry out 
     activities designed to achieve the purposes of this part 
     directly or by awarding grants or contracts competitively and 
     pursuant to a peer review process to, or entering into 
     contracts with, State educational agencies, local educational 
     agencies, institutions of higher education, or other public 
     and private nonprofit or for-profit agencies and 
     organizations.
       ``(b) Assistance.--
       ``(1) In general.--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.
       ``(2) Other federal agencies.--For the purpose of carrying 
     out coordinated or joint activities consistent with the 
     purposes of this part, the Secretary may accept funds from, 
     and transfer funds to, other Federal agencies.
       ``(c) Uses of Funds.--The Secretary shall use funds made 
     available to carry out this section for activities designed 
     to carry out the purpose of this part, such as--
       ``(1) providing assistance to technical assistance 
     providers to enable such providers to improve substantially 
     the services such providers offer to educators regarding the 
     uses of technology for education, including professional 
     development;
       ``(2) providing development grants to technical assistance 
     providers, to enable such providers to improve substantially 
     the services such providers offer to educators on the 
     educational uses of technology, including professional 
     development;
       ``(3) consulting with representatives of industry, 
     elementary and secondary education, higher education, adult 
     and family education, and appropriate experts in technology 
     and educational applications of technology in carrying out 
     activities under this subpart;
       ``(4) research on, and the development of, guidelines to 
     facilitate maximum interoperability, efficiency and easy 
     exchange of data for effective use of technology in 
     education;
       ``(5) research on, and the development of, applications for 
     education of the most advanced and newly emerging 
     technologies which research shall be coordinated, when 
     appropriate, with the Office of Educational Research and 
     Improvement, and other Federal agencies;
       ``(6) the development, demonstration, and evaluation of the 
     educational aspects of high performance computing and 
     communications technologies and of the national information 
     infrastructure, in providing professional development for 
     teachers, school librarians, and other educators; enriching 
     academic curricula for elementary and secondary schools; 
     facilitating communications among schools, local educational 
     agencies, libraries, parents, and local communities and in 
     other such areas as the Secretary deems appropriate;
       ``(7) 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;
       ``(8) 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;
       ``(9) the development, demonstration, and evaluation of 
     model strategies for preparing teachers and other personnel 
     to use technology effectively to improve teaching and 
     learning;
       ``(10) the development of model programs that demonstrate 
     the educational effectiveness of technology in urban and 
     rural areas and economically distressed communities;
       ``(11) research on, and the evaluation of, the 
     effectiveness and benefits of technology in education;
       ``(12) 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;
       ``(13) conferences on, and dissemination of information 
     regarding, the uses of technology in education;
       ``(14) the development of model strategies to promote 
     gender equity concerning access to, and the use of, 
     technology in the classroom;
       ``(15) 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
       ``(16) such other activities as the Secretary determines 
     will meet the purposes of this subpart.
       ``(d) 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.

     ``SEC. 3123. 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 one 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

     ``SEC. 3131. ALLOTMENT AND REALLOTMENT.

       ``(a) Allotment.--
       ``(1) In general.--Except as provided in paragraph (2), 
     each State educational agency shall be eligible to receive a 
     grant under this subpart for a fiscal year in an amount which 
     bears the same relationship to the amount made available 
     under section 3114(a)(1)(C) 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.
       ``(2) Minimum.--No State educational agency shall be 
     eligible to receive a grant under paragraph (1) in any fiscal 
     year in an amount which is less than one-half of one percent 
     of the amount made available under section 3115(a)(1)(C) for 
     such year.
       ``(b) Reallotment of Unused Funds.--
       ``(1) In general.--The amount of any State educational 
     agency's allotment under subsection (a) for any fiscal year 
     which the Secretary determines will not be required for such 
     fiscal year to carry out this subpart shall be available for 
     reallotment from time to time, on such dates during such year 
     as the Secretary may determine, to other State educational 
     agencies in proportion to the original allotments to such 
     State educational agencies under subsection (a) for such 
     year, but with such proportionate amount for any of such 
     other State educational agencies being reduced to the extent 
     such amount exceeds the sum the Secretary estimates such 
     State needs and will be able to use for such year.
       ``(2) Other reallotments.--The total of reductions under 
     paragraph (1) shall be similarly reallotted among the State 
     educational agencies whose proportionate amounts were not so 
     reduced. Any amounts reallotted to a State educational agency 
     under this subsection during a year shall be deemed a subpart 
     of such agencies allotment under subsection (a) for such 
     year.

     ``SEC. 3132. SCHOOL TECHNOLOGY RESOURCE GRANTS.

       ``(a) Grants to States.--
       ``(1) In general.--From amounts made available under 
     section 3131, the Secretary, through the Office of 
     Educational Technology, shall award grants to State 
     educational agencies having applications approved under 
     section 3133.
       ``(2) Use of grants.--(A) Each State educational agency 
     receiving a grant under paragraph (1) shall use such grant 
     funds to award grants, on a competitive basis, to local 
     educational agencies to enable such local educational 
     agencies to carry out the activities described in section 
     3134.
       ``(B) In awarding grants under subparagraph (A), each State 
     educational agency shall ensure that each such grant is of 
     sufficient duration, and of sufficient size, scope, and 
     quality, to carry out the purposes of this part effectively.
       ``(b) Technical Assistance.--Each State educational agency 
     receiving a grant under paragraph (1) shall--
       ``(1) identify the local educational agencies served by the 
     State educational agency that--
       ``(A) have the highest number or percentage of children in 
     poverty; and
       ``(B) demonstrate to such State educational agency the 
     greatest need for technical assistance in developing the 
     application under section 3133; and
       ``(2) offer such technical assistance to such local 
     educational agencies.

     ``SEC. 3133. STATE APPLICATION.

       ``To receive funds under this subpart, each State 
     educational agency shall submit a statewide educational 
     technology plan which may include plans submitted under the 
     Goals 2000: Educate America Act or other statewide technology 
     plans which meet the requirements of this section. Such 
     application shall be submitted to the Secretary at such time, 
     in such manner, and accompanied by such information as the 
     Secretary may reasonably require. Each such application shall 
     contain a systemic statewide plan that--
       ``(1) outlines long-term strategies for financing 
     technology education in the State and describes how business, 
     industry, and other public and private agencies, including 
     libraries, library literacy programs, and institutions of 
     higher education, can participate in the implementation, 
     ongoing planning, and support of the plan; and
       ``(2) meets such other criteria as the Secretary may 
     establish in order to enable such agency 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 
     carry out activities such as--
       ``(A) purchasing quality technology resources;
       ``(B) installing various linkages necessary to acquire 
     connectivity;
       ``(C) integrating technology into the curriculum in order 
     to improve student learning and achievement;
       ``(D) providing teachers and library media personnel with 
     training or access to training;
       ``(E) providing administrative and technical support and 
     services that improve student learning through enriched 
     technology-enhanced resources, including library media 
     resources;
       ``(F) promoting in individual schools the sharing, 
     distribution, and application of educational technologies 
     with demonstrated effectiveness;
       ``(G) assisting schools in promoting parent involvement;
       ``(H) assisting the community in providing literacy-related 
     services;
       ``(I) establishing partnerships with private or public 
     educational providers or other entities to serve the needs of 
     children in poverty; and
       ``(J) providing assurances that financial assistance 
     provided under this part shall supplement, not supplant, 
     State and local funds.

     ``SEC. 3134. LOCAL USES OF FUNDS.

       ``Each local educational agency, to the extent possible, 
     shall use the funds made available under section 3132(a)(2) 
     for--
       ``(1) developing, adapting, or expanding existing and new 
     applications of technology to support the school reform 
     effort;
       ``(2) funding projects of sufficient size and scope to 
     improve student learning and, as appropriate, support 
     professional development, and provide administrative support;
       ``(3) acquiring connectivity linkages, resources, and 
     services, including the acquisition of hardware and software, 
     for use by teachers, students and school 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;
       ``(4) providing ongoing professional development in the 
     integration of quality educational technologies into school 
     curriculum and long-term planning for implementing 
     educational technologies;
       ``(5) acquiring connectivity with wide area networks for 
     purposes of accessing information and educational programming 
     sources, particularly with institutions of higher education 
     and public libraries; and
       ``(6) providing educational services for adults and 
     families.

     ``SEC. 3135. LOCAL APPLICATIONS.

       ``Each local educational agency desiring assistance from a 
     State educational agency under section 3132(a)(2) shall 
     submit an application, consistent with the objectives of the 
     systemic statewide plan, to the State educational agency at 
     such time, in such manner and accompanied by such information 
     as the State educational agency may reasonably require. Such 
     application, at a minimum, shall--
       ``(1) include a strategic, long-range (three- to five-
     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;
       ``(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 challenging 
     State content standards and State student performance 
     standards that may be developed.
       ``(d) Formation of Consortia.--A local educational agency 
     for any fiscal year may apply for financial assistance as 
     part of a consortium with other local educational agencies, 
     institutions of higher education, intermediate educational 
     units, libraries, or other educational entities appropriate 
     to provide local programs. The State educational agency may 
     assist in the formation of consortia among local educational 
     agencies, providers of educational services for adults and 
     families, institutions of higher education, intermediate 
     educational units, libraries, or other appropriate 
     educational entities to provide services for the teachers and 
     students in a local educational agency at the request of such 
     local educational agency.
       ``(e) 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 subpart.

     ``SEC. 3136. NATIONAL CHALLENGE GRANTS FOR TECHNOLOGY IN 
                   EDUCATION.

       ``(a) Grants Authorized.--
       ``(1) In general.--From amounts made available under 
     section 3115(b)(1) for any fiscal year the Secretary is 
     authorized to award grants, on a competitive basis, to 
     consortia having applications approved under subsection (d), 
     which consortia shall include at least one local educational 
     agency with a high percentage or number of children living 
     below the poverty line and may include other local 
     educational agencies, State educational agencies, 
     institutions of higher education, businesses, academic 
     content experts, software designers, museums, libraries, or 
     other appropriate entities.
       ``(2) Duration.--Grants under this section shall be awarded 
     for a period of 5 years.
       ``(b) Use of Grants.--Grants awarded under subsection (a) 
     shall be used for activities similar to the activities 
     described in section 3134.
       ``(c) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to consortia which demonstrate 
     in the application submitted under subsection (d) that--
       ``(1) the project for which assistance is sought is 
     designed to serve areas with a high number or percentage of 
     disadvantaged students or the greatest need for educational 
     technology;
       ``(2) the project will directly benefit students by, for 
     example, integrating the acquired technologies into 
     curriculum to help the local educational agency enhance 
     teaching, training, and student achievement;
       ``(3) the project 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;
       ``(4) the project will ensure successful, effective, and 
     sustainable use of technologies acquired under this 
     subsection; and
       ``(5) members of the consortia or other appropriate 
     entities will contribute substantial financial and other 
     resources to achieve the goals of the project.
       ``(d) Application.--Each local educational agency 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.

     ``SEC. 3137. FEDERAL ADMINISTRATION.

       ``(a) Evaluation Procedures.--The Secretary shall develop 
     procedures for State and local evaluations of the programs 
     under this subpart.
       ``(b) Evaluation Summary.--The Secretary shall submit to 
     the Congress four years after the enactment of the Improving 
     America's Schools Act of 1994 a summary of the State 
     evaluations of programs under this subpart in accordance with 
     the provisions of section 14701.

  ``Subpart 3--Regional Technical Support and Professional Development

     ``SEC. 3141. REGIONAL TECHNICAL SUPPORT AND PROFESSIONAL 
                   DEVELOPMENT.

       ``(a) Grants Authorized.--
       ``(1) Authority.--The Secretary, through the Office of 
     Educational Technology, shall make grants in accordance with 
     the provisions of this section, to regional entities such as 
     the Eisenhower Mathematics and Science Regional Consortia 
     under part C of title XIII, the regional education 
     laboratories, the comprehensive regional assistance centers, 
     or such other regional entities as may be designated or 
     established by the Secretary. In awarding grants under this 
     section, the Secretary shall give priority to such consortia 
     and 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.
       ``(b) Functions.--
       ``(1) Technical assistance.--Each consortium receiving a 
     grant under this section shall, to the extent practicable--
       ``(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, schools and adult education 
     programs, 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 and school library media centers in order to 
     support the purposes of this part;
       ``(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 challenging State content 
     standards or challenging 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, to the extent practicable--
       ``(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, school librarians, and school library personnel to 
     train other teachers, school librarians, and other school 
     library media personnel; and
       ``(ii) distance professional development, including--

       ``(I) interactive training tele-courses 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) 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, to the 
     extent practicable--
       ``(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 
     regional and other entities assisted in whole or in part by 
     the Department.

                    ``Subpart 4--Product Development

     ``SEC. 3151. EDUCATIONAL TECHNOLOGY PRODUCT DEVELOPMENT.

       ``(a) Purpose.--It is the purpose of this subpart 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) In general.--The Secretary shall provide assistance, 
     on a competitive basis, to eligible consortia to enable such 
     entities to develop, produce, and distribute state-of-the-art 
     technology-enhanced instructional resources and programming 
     for use in the classroom or to support professional 
     development for teachers.
       ``(2) Grants and loans authorized.--In carrying out the 
     purposes of this section, the Secretary is authorized to pay 
     the Federal share of the cost of the development, production, 
     and distribution of state-of-the-art technology enhanced 
     instructional resources and programming--
       ``(A) by awarding grants to, or entering into contracts or 
     cooperative agreements with, eligible consortia; or
       ``(B) by awarding loans to eligible consortia which--
       ``(i) shall be secured in such manner and be repaid within 
     such period, not exceeding 20 years, as may be determined by 
     the Secretary;
       ``(ii) shall bear interest at a rate determined by the 
     Secretary which shall be not more than the total of one-
     quarter of 1 percent per annum added to the rate of interest 
     paid by the Secretary on funds obtained from the Secretary of 
     the Treasury; and
       ``(iii) may be forgiven by the Secretary, in an amount not 
     to exceed 25 percent of the total loan, under such terms and 
     conditions as the Secretary may consider appropriate.
       ``(3) 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.
       ``(4) 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.
       ``(5) Priorities.--In awarding assistance under this 
     section, the Secretary shall give priority to applications 
     describing programs or systems that--
       ``(A) promote the acquisition of higher-order thinking 
     skills and promise to raise the achievement levels of all 
     students, particularly disadvantaged students who are not 
     realizing their potential;
       ``(B) are aligned with challenging State content standards 
     and State and local curriculum frameworks;
       ``(C) may be adapted and applied nationally at a reasonable 
     cost over a broad technology platform;
       ``(D) convert technology resources developed with support 
     from the Department of Defense and other Federal agencies for 
     effective use in the classroom;
       ``(E) show promise of reducing the costs of providing high-
     quality instruction;
       ``(F) show promise of expanding access to high-quality 
     instruction in content areas which would otherwise not be 
     available to students in rural and urban communities or who 
     are served by other educational agencies with limited 
     financial resources;
       ``(G) are developed in consultation with classroom 
     teachers;
       ``(H) are developed 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
       ``(I) are developed 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.
       ``(6) 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) a description of how the product can be adapted for 
     use by students with disabilities including 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 provide for the 
     independent evaluation of products developed under this 
     section and 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.

                     ``PART B--STAR SCHOOLS PROGRAM

     ``SEC. 3201. SHORT TITLE.

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

     ``SEC. 3202. FINDINGS.

       ``The Congress finds that--
       ``(1) the Star Schools program has helped to encourage the 
     use of distance learning strategies to serve multi-State 
     regions primarily by means of satellite and broadcast 
     television;
       ``(2) in general, distance learning programs have been used 
     effectively to provide students in small, rural, and isolated 
     schools with courses and instruction, such as science and 
     foreign language instruction, that the local educational 
     agency is not otherwise able to provide; and
       ``(3) distance learning programs may also be used to--
       ``(A) provide students of all ages in all types of schools 
     and educational settings with greater access to high-quality 
     instruction in the full range of core academic subjects that 
     will enable such students to meet challenging, 
     internationally competitive, educational standards;
       ``(B) expand professional development opportunities for 
     teachers;
       ``(C) contribute to achievement of the National Education 
     Goals; and
       ``(D) expand learning opportunities for everyone.

     ``SEC. 3203. 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 individuals with disabilities, 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. 3204. 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 
     entities 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 making interactive training available 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 one additional three-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 four 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) In general.--A grant under this section shall not 
     exceed--
       ``(A) five years in duration; and
       ``(B) $10,000,000 in any one fiscal year.
       ``(2) 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.
       ``(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.
       ``(e) Federal Share.--
       ``(1) In general.--The Federal share of the cost of 
     projects funded under this section shall not exceed--
       ``(A) 75 percent for the first and second years for which 
     an eligible telecommunications partnership receives a grant 
     under this part;
       ``(B) 60 percent for the third and fourth such years; and
       ``(C) 50 percent for the fifth such year.
       ``(2) Reduction or waiver.--The Secretary may reduce or 
     waive the requirement of the non-Federal share under 
     paragraph (1) upon a showing of financial hardship.
       ``(f) Authority To Accept Funds From Other Agencies.--The 
     Secretary is authorized to accept funds from other Federal 
     departments or agencies to carry out the purposes of this 
     section, including funds for the purchase of equipment.
       ``(g) Coordination.--The Department, the National Science 
     Foundation, the Department of Agriculture, the Department of 
     Commerce, 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.
       ``(h) 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. 3205. ELIGIBLE ENTITIES.

       ``(a) Eligible Entities.--
       ``(1) Required participation.--The Secretary may make a 
     grant under section 3204 to any eligible entity, if at least 
     one local educational agency is participating in the proposed 
     project.
       ``(2) Eligible entity.--For the purpose of this part, the 
     term `eligible entity' may include--
       ``(A) a public agency or corporation established for the 
     purpose of developing and operating telecommunications 
     networks to enhance educational opportunities provided by 
     educational institutions, teacher training centers, and other 
     entities, except that any such agency or corporation shall 
     represent the interests of elementary and secondary schools 
     that are eligible to participate in the program under part A 
     of title I; or
       ``(B) 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 
     clause (i) or (ii):
       ``(i) a local educational agency that serves 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 or funded for Indian children by 
     the Department of the Interior eligible under section 
     1121(b)(2);
       ``(ii) a State educational agency;
       ``(iii) adult and family education programs;
       ``(iv) an institution of higher education or a State higher 
     education agency;
       ``(v) a teacher training center or academy that--

       ``(I) provides teacher pre-service and in-service training; 
     and

       ``(II) receives Federal financial assistance or has been 
     approved by a State agency;

       ``(vi)(I) a public or private entity with experience and 
     expertise in the planning and operation of a 
     telecommunications network, including entities involved in 
     telecommunications through satellite, cable, telephone, or 
     computer; or
       ``(II) a public broadcasting entity with such experience; 
     or
       ``(vii) a public or private elementary or secondary school.
       ``(b) Special Rule.--An eligible entity receiving 
     assistance under this part shall be organized on a statewide 
     or multistate basis.

     ``SEC. 3206. APPLICATIONS.

       ``(a) Applications Required.--Each eligible entity which 
     desires to receive a grant under section 3204 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) Star School Award Applications.--Each application 
     submitted pursuant to subsection (a) shall--
       ``(1) describe how the proposed project will assist in 
     achieving the National Education Goals, how such project will 
     assist all students to have an opportunity to learn to 
     challenging State standards, how such project will assist 
     State and local educational reform efforts, and how such 
     project will contribute to creating a high quality system of 
     lifelong learning;
       ``(2) 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 and related 
     programming for use on a telecommunications network;
       ``(3) 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;
       ``(4) describe how the eligible entity has engaged in 
     sufficient survey and analysis of the area to be served to 
     ensure that the services offered by the eligible entity will 
     increase the availability of courses of instruction in 
     English, mathematics, science, foreign languages, arts, 
     history, geography, or other disciplines;
       ``(5) describe the professional development policies for 
     teachers and other school personnel to be implemented to 
     ensure the effective use of the telecommunications facilities 
     and equipment for which assistance is sought;
       ``(6) describe the manner in which historically underserved 
     students (such as students from low-income families, limited 
     English proficient students, students with disabilities, or 
     students who have low literacy skills) and their families, 
     will participate in the benefits of the telecommunications 
     facilities, equipment, technical assistance, and programming 
     assisted under this part;
       ``(7) describe how existing telecommunications equipment, 
     facilities, and services, where available, will be used;
       ``(8) 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;
       ``(9) 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;
       ``(10) 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;
       ``(11) if any member of the consortia receives assistance 
     under subpart 3 of part A, describe how funds received under 
     this part will be coordinated with funds received for 
     educational technology in the classroom under such section;
       ``(12) describe the activities or services for which 
     assistance is sought, such as--
       ``(A) providing facilities, equipment, training services, 
     and technical assistance;
       ``(B) making programs accessible to students with 
     disabilities through mechanisms such as closed captioning and 
     descriptive video services;
       ``(C) linking networks around issues of national importance 
     (such as elections) or to provide information about 
     employment opportunities, job training, or student and other 
     social service programs;
       ``(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 professional development for teachers, 
     including, as appropriate, training to early childhood 
     development and Head Start teachers and staff and vocational 
     education teachers and staff, and adult and family educators;
       ``(H) providing programs for adults to maximize the use of 
     telecommunications facilities and equipment;
       ``(I) providing teacher training on proposed or established 
     voluntary national content standards in mathematics and 
     science and other disciplines as such standards are 
     developed; and
       ``(J) providing parent education programs during and after 
     the regular school day which reinforce a student's course of 
     study and actively involve parents in the learning process;
       ``(13) describe how the proposed project as a whole will be 
     financed and how arrangements for future financing will be 
     developed before the project expires;
       ``(14) provide an assurance that a significant portion of 
     any facilities, equipment, technical assistance, and 
     programming for which assistance is sought for elementary and 
     secondary schools will be made available to schools in local 
     educational agencies that have a high percentage of children 
     counted for the purpose of part A of title I;
       ``(15) provide an assurance that the applicant will provide 
     such information and cooperate in any evaluation that the 
     Secretary may conduct under this part; and
       ``(16) include such additional assurances as the Secretary 
     may reasonably require.
       ``(c) Priorities.--The Secretary, in approving applications 
     for grants authorized under section 3204, shall give priority 
     to applications describing projects that--
       ``(1) propose high-quality plans to assist in achieving one 
     or more of the National Education Goals, will provide 
     instruction consistent with State content standards, or will 
     otherwise provide significant and specific assistance to 
     States and local educational agencies undertaking systemic 
     education reform;
       ``(2) will provide services to programs serving adults, 
     especially parents, with low levels of literacy;
       ``(3) will serve schools with significant numbers of 
     children counted for the purposes of part A of title I;
       ``(4) ensure that the eligible entity will--
       ``(A) serve the broadest range of institutions, programs 
     providing instruction outside of the school setting, programs 
     serving adults, especially parents, with low levels of 
     literacy, institutions of higher education, teacher training 
     centers, research institutes, and private industry;
       ``(B) 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;
       ``(C) provide a comprehensive range of courses for 
     educators to teach instructional strategies for students with 
     different skill levels;
       ``(D) provide training to participating educators in ways 
     to integrate telecommunications courses into existing school 
     curriculum; and
       ``(E) provide instruction for students, teachers, and 
     parents;
       ``(F) serve a multistate area; and
       ``(G) give priority to the provision of equipment and 
     linkages to isolated areas; and
       ``(5) involve a telecommunications entity (such as a 
     satellite, cable, telephone, computer, or public or private 
     television stations) participating in the eligible entity and 
     donating equipment or in kind services for telecommunications 
     linkages.
       ``(d) Geographic Distribution.--In approving applications 
     for grants authorized under section 3204, the Secretary 
     shall, to the extent feasible, ensure an equitable geographic 
     distribution of services provided under this part.

     ``SEC. 3207. LEADERSHIP AND EVALUATION ACTIVITIES.

       ``(a) Reservation.--From the amount appropriated pursuant 
     to the authority of section 3204(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 grant recipients 
     under this part; 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. 3208. 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 and training courses for elementary and secondary 
     students, teachers, and others, and materials for use in such 
     instruction and training that have been prepared in audio and 
     visual form on tape, disc, film, or live, and presented by 
     means of telecommunications devices; and
       ``(3) the term `public broadcasting entity' has the same 
     meaning given such term in section 397 of the Communications 
     Act of 1934.

     ``SEC. 3209. ADMINISTRATIVE PROVISIONS.

       ``(a) Continuing Eligibility.--
       ``(1) In general.--In order to be eligible to receive a 
     grant under section 3204 for a second 3-year grant period an 
     eligible entity shall demonstrate in the application 
     submitted pursuant to section 3206 that such partnership 
     shall--
       ``(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 3-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 individuals with 
     disabilities, are illiterate, or lack secondary school 
     diplomas or their recognized equivalent.
       ``(2) Special rule.--Grant funds received pursuant to 
     paragraph (1) shall be used to supplement and not supplant 
     services provided by the grant recipient under this part in 
     the previous fiscal year.
       ``(b) Federal Activities.--The Secretary may assist grant 
     recipients under section 3204 in acquiring satellite time, 
     where appropriate, as economically as possible.

     ``SEC. 3210. 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.
       ``(c) Telecommunications Programs for Continuing 
     Education.--
       ``(1) Authority.--The Secretary is authorized to award 
     grants, on a competitive basis, to eligible entities 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 recognized 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 entity 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 recognized 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.

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

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

       ``(a) In General.--The Secretary is authorized to award 
     grants to or enter into contracts or cooperative agreements 
     with eligible 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 grants, contracts, or 
     cooperative agreements, 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 grants, contracts, 
     or cooperative agreements 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) enable such entities to contract with entities (such 
     as public telecommunications entities and those funded under 
     the Star Schools Act) so 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 
     grant, contract, or cooperative agreement 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 grants, contracts, or 
     cooperative agreements 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 grant, contract, or 
     cooperative agreement 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 grant, contract, or cooperative 
     agreement 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 grant, contract, or 
     cooperative agreement.

     ``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 four 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 (b) for each fiscal year, at least 10 percent of 
     such amount shall be used for each such fiscal year for 
     activities under section 3303(1)(C).

   ``PART D--TELECOMMUNICATIONS DEMONSTRATION PROJECT FOR MATHEMATICS

     ``SEC. 3401. 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. 3402. 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 part is conducted at elementary and 
     secondary school sites in at least 15 States.

     ``SEC. 3403. 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 four succeeding fiscal 
     years.

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

     ``SEC. 3501. SHORT TITLE.

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

     ``SEC. 3502. 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. 3503. PROGRAM AUTHORIZED.

       ``The Secretary is authorized to make allotments to State 
     educational agencies under section 3504 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. 3504. ALLOTMENTS OF FUNDS.

       ``(a) In General.--From the amount appropriated under 
     section 3509 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, and the 
     Northern Mariana Islands 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. 3505. 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 3506 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. 3506. 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. 3507. 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 3506(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. 3508. 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. 3509. 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 four succeeding fiscal years, to carry out this part.

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

     ``SEC. 3601. PROGRAM AUTHORIZED.

       ``The Secretary shall award grants or make allocations in 
     accordance with section 3602 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. 3602. ALLOCATION TO STATES.

       ``(a) From the amount appropriated pursuant to section 3605 
     in each fiscal year, the Secretary shall award funds to each 
     State having an approved plan under section 3603 as follows:
       ``(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. 3603. STATE PLANS.

       ``(a) In General.--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 3602 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 three percent of the amount available to such State 
     under section 3602 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.
       ``(b) Plan Submission.--The State plan may be submitted as 
     part of a consolidated application under section 14302.

     ``SEC. 3604. DISTRIBUTION OF ALLOCATION TO LOCAL EDUCATIONAL 
                   AGENCIES.

       ``From the funds allocated to a State under section 3602(2) 
     in each fiscal year, such State shall distribute not less 
     than 97 percent of such funds in such year to local 
     educational agencies within such State according to the 
     relative enrollment of students in elementary and secondary 
     schools within the school districts of such State, adjusted 
     to provide higher per pupil allotments to local educational 
     agencies that have the greatest number or percentages of 
     students whose education imposes a higher than average cost 
     per child, such as those students--
       ``(1) living in areas with high concentrations of low-
     income families;
       ``(2) from low-income families; and
       ``(3) living in sparsely populated areas.

     ``SEC. 3605. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $200,000,000 for fiscal year 1995 and such sums as may 
     be necessary for each of the four succeeding fiscal years.
         ``TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

     ``SEC. 4001. SHORT TITLE.

       ``This title may be cited as the `Safe and Drug-Free 
     Schools and Communities Act of 1994'.

     ``SEC. 4002. 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 illegal 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 such students' physical and 
     mental well-being, 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) The tragic consequences of violence and the illegal 
     use of alcohol and drugs by students are felt not only by 
     students and such students' families, but by such students' 
     communities and the Nation, which can ill afford to lose such 
     students' skills, talents, and vitality.
       ``(6) While use of illegal drugs is a serious problem among 
     a minority of teenagers, alcohol use is far more widespread. 
     The proportion of high school students using alcohol, though 
     lower than a decade ago, remains unacceptably high. By the 
     8th grade, 70 percent of youth report having tried alcohol 
     and by the 12th grade, about 88 percent have used alcohol. 
     Alcohol use by young people can and does have adverse 
     consequences for users, their families, communities, schools, 
     and colleges.
       ``(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.
       ``(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. 4003. PURPOSE.

       ``The purpose of this title is to support programs to meet 
     the seventh National Education Goal by preventing violence in 
     and around schools and by strengthening programs that prevent 
     the illegal use of alcohol, tobacco, and 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 educational agencies and 
     educational service agencies and consortia of such agencies 
     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;
       ``(3) States for development, training, technical 
     assistance, and coordination activities;
       ``(4) public and private nonprofit organizations to conduct 
     training, demonstrations, and evaluation, and to provide 
     supplementary services for the prevention of drug use and 
     violence among students and youth; and
       ``(5) 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.

     ``SEC. 4004. FUNDING.

       ``There are authorized to be appropriated--
       ``(1) $630,000,000 for fiscal year 1995, and such sums as 
     may be necessary for each of the four succeeding fiscal 
     years, for State grants under subpart 1; and
       ``(2) $25,000,000 for fiscal year 1995, and such sums as 
     may be necessary for each of the 4 succeeding fiscal years, 
     for national programs under subpart 2.

    ``PART A--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS

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

     ``SEC. 4011. RESERVATIONS AND ALLOTMENTS.

       ``(a) Reservations.--From the amount made available under 
     section 4004(a) to carry out this subpart for each fiscal 
     year, the Secretary--
       ``(1) shall reserve 1 percent of such amount for grants 
     under this subpart to Guam, American Samoa, the Virgin 
     Islands, and the Commonwealth of the Northern Mariana 
     Islands, 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) may reserve not more than $1,000,000 for the national 
     impact evaluation required by section 4117(a); and
       ``(4) shall reserve 0.2 percent of such amount for programs 
     for Native Hawaiians under section 4118.
       ``(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 part A of title 
     I 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 shall be made on the same 
     basis as allotments are made under paragraph (1).
       ``(4) Definitions.--For the purpose of this subsection--
       ``(A) the term `State' means each of the 50 States, the 
     District of Columbia, and the Commonwealth of Puerto Rico; 
     and
       ``(B) the term `local educational agency' includes 
     educational service agencies and consortia of such agencies.

     ``SEC. 4112. STATE APPLICATIONS.

       ``(a) In General.--In order to receive an allotment under 
     section 4111 for any fiscal year, a State shall submit to the 
     Secretary, at such time as the Secretary may require, an 
     application that--
       ``(1) describes how funds under this subpart will be 
     coordinated with programs under this Act, the Goals 2000: 
     Educate America Act, and other Acts, as appropriate, in 
     accordance with the provisions of section 14306;
       ``(2) 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;
       ``(3) contains assurances that the sections of the 
     application concerning the funds provided to the chief 
     executive officer and the State educational agency were 
     developed separately by such officer or agency, respectively, 
     but in consultation and coordination with appropriate State 
     officials and others, including the chief State school 
     officer, the chief executive 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;
       ``(4) contains an assurance that the State will cooperate 
     with, and assist, the Secretary in conducting a national 
     impact evaluation of programs required by section 4117(a); 
     and
       ``(5) includes any other information the Secretary may 
     require.
       ``(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 4113(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 4116;
       ``(3) a description of how the State educational agency 
     will use funds under section 4113(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;
       ``(5) an explanation of the criteria the State educational 
     agency will use to identify which local educational agencies 
     receive supplemental funds under section 4113(d)(2)(A)(ii) 
     and how the supplemental funds will be allocated among such 
     local educational agencies; and
       ``(6) a description of the procedures the State educational 
     agency will use to review applications from local educational 
     agencies under section 4115.
       ``(c) Governor's Funds.--A State's application under this 
     section shall also contain a comprehensive plan for the use 
     of funds under section 4114(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 such 
     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 
     4114(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 4114(a) and a plan for monitoring 
     the performance of, and providing technical assistance to, 
     recipients of such funds;
       ``(5) a description of the special outreach activities that 
     will be carried out to maximize the participation of 
     community-based organizations of demonstrated effectiveness 
     which provide services in low-income communities; and
       ``(6) 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. 4113. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.

       ``(a) Use of Funds.--
       ``(1) In general.--Except as provided in paragraph (2), an 
     amount equal to 80 percent of the total amount allocated to a 
     State under section 4111 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.
       ``(2) Exception.--(A) If a State has, on or before January 
     1, 1994, established an independent State agency for the 
     purpose of administering all of the funds described in 
     section 5121 of this Act (as such section was in effect on 
     the day preceding the date of the enactment of the Improving 
     America's Schools Act of 1994), then--
       ``(i) an amount equal to 80 percent of the total amount 
     allocated to such State under section 4111 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; and
       ``(ii) an amount equal to 20 percent of such total amount 
     shall be used by such independent State agency for drug and 
     violence prevention activities in accordance with this 
     section.
       ``(B) Not more than 5 percent of the amount reserved under 
     subparagraph (A)(ii) may be used for administrative costs of 
     the independent State agency incurred in carrying out the 
     activities described in such subparagraph.
       ``(C) For purposes of this paragraph, the term `independent 
     State agency' means an independent agency with a board of 
     directors or a cabinet level agency whose chief executive 
     officer is appointed by the chief executive officer of the 
     State and confirmed with the advice and consent of the senate 
     of such State.
       ``(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 educational agencies and 
     educational service 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 (including videotapes, software, 
     and other technology-based learning resources), 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) the evaluation of activities carried out within the 
     State under this part.
       ``(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 4 percent of the amount reserved under 
     subsection (a) for the administrative costs of carrying out 
     its responsibilities under this part.
       ``(d) Local Educational Agency Programs.--
       ``(1) In general.--A State educational agency shall 
     distribute not less than 91 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 
     paragraph (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) Where appropriate and to the extent consistent with 
     the needs assessment conducted by the State, not less than 25 
     percent of the amount distributed under subparagraph (A)(ii) 
     for a fiscal year shall be distributed to local educational 
     agencies located in rural and urban areas.
       ``(C)(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 objective data such as--
       ``(I) high rates of alcohol or 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 4115 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)(C)(ii) to have the greatest need for additional funds.
       ``(f) Return of Funds to State Educational Agency; 
     Reallocation.--
       ``(1) Return.--Except as provided in paragraph (2), upon 
     the expiration of the 1-year period beginning on the date 
     that a local educational agency or educational service agency 
     under this title receives its allocation under this title--
       ``(A) such agency shall return to the State educational 
     agency any funds from such allocation that remain 
     unobligated; and
       ``(B) the State educational agency shall reallocate any 
     such amount to local educational agencies or educational 
     service agencies that have plans for using such amount for 
     programs or activities on a timely basis.
       ``(2) Reallocation.--In any fiscal year, a local 
     educational agency, may retain for obligation in the 
     succeeding fiscal year--
       ``(A) an amount equal to not more than 25 percent of the 
     allocation it receives under this title for such fiscal year; 
     or
       ``(B) upon a demonstration of good cause by such agency or 
     consortium, a greater amount approved by the State 
     educational agency.

     ``SEC. 4114. 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 4111(1) 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) Law enforcement education partnerships.--A chief 
     executive officer shall use not less than 10 percent of the 
     20 percent of the total amount described in paragraph (1) for 
     each fiscal year for law enforcement education partnerships 
     in accordance with subsection (d).
       ``(3) Administrative costs.--A chief executive officer may 
     use not more than 5 percent of the 20 percent of the total 
     amount described in paragraph (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) activities 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) service-learning projects that encourage drug- and 
     violence-free lifestyles; and
       ``(12) evaluating programs and activities assisted under 
     this section.
       ``(d) Law Enforcement Education Partnerships.--A chief 
     executive officer shall use funds under subsection (a)(2) to 
     award grants to State, county or local law enforcement 
     agencies (including district attorneys) in consortium with 
     local educational agencies or community-based agencies for 
     the purposes of carrying out drug abuse and violence 
     prevention activities, such as--
       ``(1) Project Drug Abuse Resistance Education and other 
     programs which provide classroom instruction by uniformed law 
     enforcement officials that is designed to teach students to 
     recognize and resist pressures to experiment that influence 
     such children to use controlled substances or alcohol;
       ``(2) Project Legal Lives and other programs in which 
     district attorneys provide classroom instruction in the law 
     and legal system which emphasizes interactive learning 
     techniques, such as mock trial competitions;
       ``(3) partnerships between law enforcement and child 
     guidance professionals; and
       ``(4) before- and after-school activities.

     ``SEC. 4115. LOCAL APPLICATIONS.

       ``(a) Application Required.--
       ``(1) In general.--In order to be eligible to receive a 
     distribution under section 4113(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 subparagraph (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 regarding--
       ``(I) how best to coordinate such agency's activities under 
     this subpart with other related programs, projects, and 
     activities; and
       ``(II) 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) an objective analysis of the current use (and 
     consequences of such use) of alcohol, tobacco, and 
     controlled, illegal, addictive or harmful substances as well 
     as the violence, safety, 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) that is based on 
     ongoing local assessment or evaluation activities;
       ``(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 the plan will be coordinated with programs under 
     this Act, the Goals 2000: Educate America Act, and other 
     Acts, as appropriate, in accordance with the provisions of 
     section 14306;
       ``(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.--In reviewing local applications under 
     this section, a State educational agency shall use a peer 
     review process or other methods of assuring the quality of 
     such applications.
       ``(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 
     coordinated with programs under this Act, the Goals 2000: 
     Educate America Act, in accordance with the provisions of 
     section 14306.
       ``(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 allotted to such a local educational agency in a 
     manner the State educational agency determines will best 
     promote the purposes of this part, except that a local 
     educational agency shall be afforded an opportunity to appeal 
     any such disapproval.

     ``SEC. 4116. 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 
     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, student outreach efforts 
     against violence, anti-crime youth councils (which work with 
     school and community-based organizations to discuss and 
     develop crime prevention strategies), and the use of 
     mentoring programs, to combat school violence and other forms 
     of disruptive behavior, such as sexual harassment and abuse; 
     and
       ``(D) the development and implementation of character 
     education programs, as a component of a comprehensive drug or 
     violence prevention program, that are tailored by 
     communities, parents and schools; 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) professional development 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;
       ``(8) the promotion of before-and-after school 
     recreational, instructional, cultural, and artistic programs 
     in supervised community settings;
       ``(9) 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
       ``(10) the evaluation of any of the activities authorized 
     under this subsection.
       ``(c) Limitations.--
       ``(1) In general.--Not more than 20 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) and (6) 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) and (6) of subsection 
     (b) if funding for such activities is not received from other 
     Federal agencies.
       ``(d) Administrative Provisions.--Notwithstanding any other 
     provisions of law, any funds expended prior to July 1, 1995, 
     under part B of the Drug-Free Schools and Communities Act of 
     1986 (as in effect prior to enactment of the Improving 
     America's Schools Act) for the support of a comprehensive 
     school health program shall be deemed to have been authorized 
     by part B of such Act.

     ``SEC. 4117. EVALUATION AND REPORTING.

       ``(a) National Impact Evaluation.--
       ``(1) Biennial 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 of other recent and new initiatives to 
     combat violence in schools and submit a report of the 
     findings of such evaluation to the President and the 
     Congress.
       ``(2) Data collection.--(A) The National Center for 
     Education Statistics shall collect data to determine the 
     frequency, seriousness, and incidence of violence in 
     elementary and secondary schools in the States. The Secretary 
     shall collect the data using, wherever appropriate, data 
     submitted by the States pursuant to subsection (b)(2)(B).
       ``(B) Not later than January 1, 1998, the Secretary shall 
     submit to the Congress a report on the data collected under 
     this subsection, together with such recommendations as the 
     Secretary determines appropriate, including estimated costs 
     for implementing any recommendation.
       ``(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 4114 and section 4113(b) and local educational 
     agency programs under section 4113(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 4112.
       ``(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 ongoing 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 such information, and 
     at such intervals, that 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. 4118. PROGRAMS FOR NATIVE HAWAIIANS.

       ``(a) General Authority.--From the funds made available 
     pursuant to section 4111(a)(4) to carry out this section, the 
     Secretary shall make grants to or enter into cooperative 
     agreements or contracts with organizations primarily serving 
     and representing Native Hawaiians 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 Native Hawaiians.
       ``(b) Definition of Native Hawaiian.--For the purposes of 
     this section, the term `Native Hawaiian' 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. 4121. FEDERAL ACTIVITIES.

       ``(a) Program Authorized.--From funds made available to 
     carry out this subpart under section 4004(2), the Secretary, 
     in consultation with the Secretary of Health and Human 
     Services, the Director of the Office of National Drug Control 
     Policy, the Chair of the Ounce of Prevention Council, 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 from 
     preschool through the postsecondary level. 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) the provision of information on drug abuse education 
     and prevention to the Secretary of Health and Human Services 
     for dissemination by the clearinghouse for alcohol and drug 
     abuse information established under section 501(d)(16) of the 
     Public Health Service Act;
       ``(4) the development of curricula related to child abuse 
     prevention and education and the training of personnel to 
     teach child abuse education and prevention to elementary and 
     secondary school children;
       ``(5) program evaluations in accordance with section 14701 
     that address issues not addressed under section 4117(a);
       ``(6) direct services to schools and school systems 
     afflicted with especially severe drug and violence problems;
       ``(7) activities in communities designated as empowerment 
     zones or enterprise communities that will connect schools to 
     community-wide efforts to reduce drug and violence problems;
       ``(8) developing and disseminating drug and violence 
     prevention materials, including video-based projects and 
     model curricula;
       ``(9) developing and implementing a comprehensive violence 
     prevention strategy for schools and communities, that may 
     include conflict resolution, peer mediation, the teaching of 
     law and legal concepts, and other activities designed to stop 
     violence;
       ``(10) the implementation of innovative activities, such as 
     community service projects, designed to rebuild safe and 
     healthy neighborhoods and increase students' sense of 
     individual responsibility;
       ``(11) grants to noncommercial telecommunications entities 
     for the production and distribution of national video-based 
     projects that provide young people with models for conflict 
     resolution and responsible decisionmaking;
       ``(12) 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; and
       ``(13) other activities that meet unmet national needs 
     related to the purposes of this title.
       ``(b) Peer Review.--The Secretary shall use a peer review 
     process in reviewing applications for funds under this 
     section.

     ``SEC. 4122. GRANTS TO INSTITUTIONS OF HIGHER EDUCATION.

       ``(a) In General.--From funds made available to carry out 
     this subpart under section 4004(2), 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--
       ``(1) 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; and
       ``(2) such model programs and strategies shall be 
     coordinated with the report required under section 
     204(a)(4)(B) of the Student Right-to-Know and Campus Security 
     Act on policies, procedures and practices which have proven 
     effective in the reduction of campus crime.
       ``(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.

     ``SEC. 4123. HATE CRIME PREVENTION.

       ``(a) Grant Authorization.--From funds made available to 
     carry out this subpart under section 4004(1) the Secretary 
     may make grants to local educational agencies and community-
     based organizations for the purpose of providing assistance 
     to localities most directly affected by hate crimes.
       ``(b) Use of Funds.--
       ``(1) Program development.--Grants under this section may 
     be used to improve elementary and secondary educational 
     efforts, including--
       ``(A) development of education and training programs 
     designed to prevent and to reduce the incidence of crimes and 
     conflicts motivated by hate;
       ``(B) development of curricula for the purpose of improving 
     conflict or dispute resolution skills of students, teachers, 
     and administrators;
       ``(C) development and acquisition of equipment and 
     instructional materials to meet the needs of, or otherwise be 
     part of, hate crime or conflict programs; and
       ``(D) professional training and development for teachers 
     and administrators on the causes, effects, and resolutions of 
     hate crimes or hate-based conflicts.
       ``(2) In general.--In order to be eligible to receive a 
     grant under this section for any fiscal year, a local 
     educational agency, or a local educational agency in 
     conjunction with a community-based organization, shall submit 
     an application to the Secretary in such form and containing 
     such information as the office may reasonably require.
       ``(3) Requirements.--Each application under paragraph (2) 
     shall include--
       ``(A) a request for funds for the purposes described in 
     this section;
       ``(B) a description of the schools and communities to be 
     served by the grants; and
       ``(C) assurances that Federal funds received under this 
     section shall be used to supplement, not supplant, non-
     Federal funds.
       ``(4) Comprehensive plan.--Each application shall include a 
     comprehensive plan that contains--
       ``(A) a description of the hate crime or conflict problems 
     within the schools or the community targeted for assistance;
       ``(B) a description of the program to be developed or 
     augmented by such Federal and matching funds;
       ``(C) assurances that such program or activity shall be 
     administered by or under the supervision of the applicant;
       ``(D) proper and efficient administration of such program; 
     and
       ``(E) fiscal control and fund accounting procedures as may 
     be necessary to ensure prudent use, proper disbursement, and 
     accurate accounting of funds received under this section.
       ``(c) Award of Grants.--
       ``(1) Selection of recipients.--The Secretary shall 
     consider the incidence of crimes and conflicts motivated by 
     bias in the targeted schools and communities in awarding 
     grants under this section.
       ``(2) Geographic distribution.--The Secretary shall 
     attempt, to the extent practicable, to achieve an equitable 
     geographic distribution of grant awards.
       ``(3) Dissemination of information.--The Secretary shall 
     attempt, to the extent practicable, to make available 
     information regarding successful hate crime prevention 
     programs, including programs established or expanded with 
     grants under this section.
       ``(d) Reports.--The Secretary shall submit to the Congress 
     a report every two years which shall contain a detailed 
     statement regarding grants and awards, activities of grant 
     recipients, and an evaluation of programs established under 
     this section.

                    ``Subpart 3--General Provisions

     ``SEC. 4131. DEFINITIONS.

       ``For the purposes of this part:
       ``(1) Community-based organization.--The term `community-
     based organization' means a private nonprofit organization 
     which is representative of a community or significant 
     segments of a community and which provides educational or 
     related services to individuals in the community.
       ``(2) Drug and violence prevention.--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 and the use of controlled, 
     illegal, addictive, or harmful substances, including 
     inhalants and anabolic steroids;
       ``(B) prevention, early intervention, smoking cessation 
     activities, or education, related to the use of tobacco by 
     children and youth eligible for services under this title; 
     and
       ``(C) 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.
       ``(3) Hate crime.--The term `hate crime' means a crime as 
     described in section 1(b) of the Hate Crime Statistics Act of 
     1990.
       ``(4) Nonprofit.--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.
       ``(5) School-aged population.--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.
       ``(6) School personnel.--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. 4132. 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. 4133. 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, drug treatment or rehabilitation, 
     except for pupil services or referral to treatment for 
     students who are victims of or witnesses to crime or who use 
     alcohol, tobacco, or drugs.''.
                      ``TITLE V--PROMOTING EQUITY

                  ``PART A--MAGNET SCHOOLS ASSISTANCE

     ``SEC. 5101. 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 school students from other students in the 
     school; and
       ``(ii) students by racial characteristics;
       ``(B) local educational agencies can maximize their 
     effectiveness in achieving the purposes of the Magnet Schools 
     Assistance program if such agencies 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) local educational agencies 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, local 
     educational agencies 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; and
       ``(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 local educational agencies to 
     plan, develop, implement and continue effective and 
     innovative magnet schools that contribute to State and local 
     systemic reform.

     ``SEC. 5102. STATEMENT OF PURPOSE.

       ``The purpose of this part is to assist in the 
     desegregation of schools served by local educational agencies 
     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. 5103. PROGRAM AUTHORIZED.

       ``The Secretary, in accordance with this part, is 
     authorized to make grants to eligible local educational 
     agencies, and consortia of such agencies where appropriate, 
     to carry out the purpose of this part 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. 5104. DEFINITION.

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

     ``SEC. 5105. ELIGIBILITY.

       ``A local educational agency, or consortium of such 
     agencies where appropriate, is eligible to receive assistance 
     under this part to carry out the purposes of this part 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, 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. 5106. APPLICATIONS AND REQUIREMENTS.

       ``(a) Applications.--An eligible local educational agency 
     or consortium of such agencies desiring to receive assistance 
     under this part shall submit an application to the Secretary 
     at such time, in such manner, and containing such information 
     and assurances as the Secretary may reasonably require.
       ``(b) Information and Assurances.--Each such application 
     shall include--
       ``(1) a description of--
       ``(A) how assistance made available under this part 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 will 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 part is no longer be 
     available, including, if applicable, an explanation of why 
     magnet schools established or supported by the applicant with 
     funds under this part cannot be continued without the use of 
     funds under this part;
       ``(D) how funds under this part will be used to implement 
     services and activities that are consistent with other 
     programs under this Act, the Goals 2000: Educate America Act, 
     and other Acts, as appropriate, in accordance with the 
     provisions of section 14306; 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 part for the purposes specified 
     in section 5102;
       ``(B) employ State certified or licensed teachers in the 
     courses of instruction assisted under this part 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 placement 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. 5107. PRIORITY.

       ``In approving applications under this part, 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;
       ``(3) propose to select students to attend magnet school 
     projects by methods such as lottery, rather than through 
     academic examination;
       ``(4) propose to implement innovative educational 
     approaches that are consistent with the State's and local 
     educational agency's approved systemic reform plans, if any, 
     under title III of the Goals 2000: Educate America Act; and
       ``(5) propose to draw on comprehensive community 
     involvement plans.

     ``SEC. 5108. USE OF FUNDS.

       ``(a) In General.--Grant funds made available under this 
     part 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, or subsidization of the 
     compensation, of elementary and secondary school teachers who 
     are certified or licensed by the State, and instructional 
     staff where applicable, 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 part.
       ``(b) Special Rule.--Grant funds under this part 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. 5109. PROHIBITIONS.

       ``(a) Transportation.--Grants under this part may not be 
     used for transportation or any activity that does not augment 
     academic improvement.
       ``(b) Planning.--A local educational agency shall not 
     expend funds under this part after the third year that such 
     agency receives funds under this part for such project.

     ``SEC. 5110. LIMITATIONS.

       ``(a) Duration of Awards.--A grant under this part shall be 
     awarded for a period that shall not exceed three fiscal 
     years.
       ``(b) Limitation on Planning Funds.--A local educational 
     agency may expend for planning not more than 50 percent of 
     the funds received under this part for the first year of the 
     project, 15 percent of such funds for the second such year, 
     and 10 percent of such funds for the third such year.
       ``(c) Amount.--No local educational agency or consortium 
     awarded a grant under this part shall receive more than 
     $4,000,000 under this part in any one fiscal year.
       ``(d) Timing.--To the extent practicable, the Secretary 
     shall award grants for any fiscal year under this part not 
     later than June 1 of the applicable fiscal year.

     ``SEC. 5111. INNOVATIVE PROGRAMS.

       ``(a) In General.--From amounts reserved under subsection 
     (d) for each fiscal year, the Secretary shall award grants to 
     local educational agencies or consortia of such agencies 
     described in section 5105 to enable such agencies or 
     consortia 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 5103, 5106, 5107, and 5108, 
     shall not apply to grants awarded under subsection (a).
       ``(c) Applications.--Each local educational agency or 
     consortia of such agencies 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 reasonably require.
       ``(d) Innovative Programs.--The Secretary shall reserve not 
     more than 5 percent of the funds appropriated under section 
     5113(a) for each fiscal year to award grants under this 
     section.

     ``SEC. 5112. EVALUATIONS.

       ``(a) Reservation.--The Secretary may reserve not more than 
     two percent of the funds appropriated under section 5113(a) 
     for any fiscal year to carry out evaluations of projects 
     assisted under this part.
       ``(b) Contents.--Each evaluation described in subsection 
     (a), at a minimum, shall address--
       ``(1) how and the extent to which magnet school programs 
     lead to educational quality and improvement;
       ``(2) the extent to which magnet school programs enhance 
     student access to quality education;
       ``(3) 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
       ``(4) 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.

     ``SEC. 5113. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.

       ``(a) Authorization.--For the purpose of carrying out this 
     part, 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 of such agencies that did not receive a 
     grant under this part in the preceding fiscal year.

                  ``PART B--WOMEN'S EDUCATIONAL EQUITY

     ``SEC. 5201. 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) teaching and learning practices in the United States 
     are frequently inequitable as such practices relate to women 
     and girls, 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) 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;
       ``(C) 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, and 
     there are few women role models in the sciences; and
       ``(D) 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 
     teenagers;
       ``(4) efforts to improve the quality of public education 
     also must include efforts to ensure equal access to quality 
     education programs for all women and girls;
       ``(5) Federal support should address not only research and 
     development of innovative model curricula and teaching and 
     learning strategies to promote gender equity, but should also 
     assist schools and local communities implement gender 
     equitable practices;
       ``(6) 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
       ``(7) 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. 5202. 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 for women and girls 
     who suffer from multiple forms of discrimination based on 
     sex, race, ethnic origin, limited-English proficiency, 
     disability, or age.

     ``SEC. 5203. PROGRAMS AUTHORIZED.

       ``(a) In General.--The Secretary is authorized--
       ``(1) to promote, coordinate, and evaluate gender equity 
     policies, programs, activities and initiatives in all Federal 
     education programs and offices;
       ``(2) to develop, maintain, and disseminate materials, 
     resources, analyses, and research relating to education 
     equity for women and girls;
       ``(3) to provide information and technical assistance to 
     assure the effective implementation of gender equity 
     programs;
       ``(4) to coordinate gender equity programs and activities 
     with other Federal agencies with jurisdiction over education 
     and related programs;
       ``(5) to assist the Assistant Secretary of the Office of 
     Educational Research and Improvement in identifying research 
     priorities related to education equity for women and girls; 
     and
       ``(6) to perform any other activities consistent with 
     achieving the purposes of this part.
       ``(b) Grants Authorized.--
       ``(1) In general.--The Secretary is authorized to make 
     grants to, and enter into contracts and cooperative 
     agreements with, public agencies, private nonprofit agencies, 
     organizations, institutions, student groups, community 
     groups, and individuals, for a period not to exceed four 
     years, to--
       ``(A) provide grants to develop model equity programs; and
       ``(B) provide funds for the implementation of equity 
     programs in schools throughout the Nation.
       ``(2) Support and technical assistance.--To achieve the 
     purposes of this part, the Secretary is authorized to provide 
     support and technical assistance--
       ``(A) to implement effective gender-equity policies and 
     programs at all educational levels, including--
       ``(i) assisting educational agencies and institutions to 
     implement policies and practices to comply with title IX of 
     the Education Amendments of 1972;
       ``(ii) training for teachers, counselors, administrators, 
     and other school personnel, especially preschool and 
     elementary school personnel, in gender equitable teaching and 
     learning practices;
       ``(iii) 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;
       ``(iv) school-to-work transition programs, guidance and 
     counseling activities, and 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;
       ``(v) enhancing educational and career opportunities for 
     those 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;
       ``(vi) 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;
       ``(vii) evaluating exemplary model programs to assess the 
     ability of such programs to advance educational equity for 
     women and girls;
       ``(viii) introduction into the classroom of textbooks, 
     curricula, and other materials designed to achieve equity for 
     women and girls;
       ``(ix) programs and policies to address sexual harassment 
     and violence against women and girls and to ensure that 
     educational institutions are free from threats to the safety 
     of students and personnel;
       ``(x) nondiscriminatory tests of aptitude and achievement 
     and of alternative assessments that eliminate biased 
     assessment instruments from use;
       ``(xi) programs to increase educational opportunities, 
     including higher education, vocational training, and other 
     educational programs for low-income women, including 
     underemployed and unemployed women, and women receiving Aid 
     to Families with Dependent Children benefits;
       ``(xii) programs to improve representation of women in 
     educational administration at all levels; and
       ``(xiii) planning, development and initial implementation 
     of--

       ``(I) comprehensive institution- or districtwide evaluation 
     to assess the presence or absence of gender equity in 
     educational settings;
       ``(II) comprehensive plans for implementation of equity 
     programs in State and local educational agencies and 
     institutions of higher education; including community 
     colleges; and
       ``(III) innovative approaches to school-community 
     partnerships for educational equity.

       ``(B) for research and development, which shall be 
     coordinated with each of the research institutes of the 
     Office of Educational Research and Improvement 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--
       ``(i) research and development of innovative strategies and 
     model training programs for teachers and other education 
     personnel;
       ``(ii) the development of high quality and challenging 
     assessment instruments that are nondiscriminatory;
       ``(iii) the development and evaluation of model curricula, 
     textbooks, software, and other educational materials to 
     ensure the absence of gender stereotyping and bias;
       ``(iv) the development of instruments and procedures that 
     employ new and innovative strategies to assess whether 
     diverse educational settings are gender equitable;
       ``(v) the development of instruments and strategies for 
     evaluation, dissemination, and replication of promising or 
     exemplary programs designed to assist local educational 
     agencies in integrating gender equity in their educational 
     policies and practices;
       ``(vi) updating high quality educational materials 
     previously developed through awards made under this part;
       ``(vii) the development of policies and programs to address 
     and prevent sexual harassment and violence to ensure that 
     educational institutions are free from threats to safety of 
     students and personnel;
       ``(viii) the development and improvement of programs and 
     activities to increase opportunity for women, including 
     continuing educational activities, vocational education, and 
     programs for low-income women, including underemployed and 
     unemployed women, and women receiving Aid to Families with 
     Dependent Children; and
       ``(ix) the development of guidance and counseling 
     activities, including career education programs, designed to 
     ensure gender equity.

     ``SEC. 5204. APPLICATIONS.

       ``An application under this part shall--
       ``(1) set forth policies and procedures that will ensure a 
     comprehensive evaluation of the activities assisted under 
     this part, 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) where appropriate, demonstrate how funds received 
     under this part will be used to promote the attainment of one 
     or more of the National Education Goals;
       ``(3) demonstrate how the applicant will address 
     perceptions of gender roles based on cultural differences or 
     stereotypes;
       ``(4) where appropriate, describe how funds under this part 
     will be used in a manner that is consistent with programs 
     under the School-to-Work Opportunities Act of 1994;
       ``(5) for applications for assistance under section 
     5203(b)(1), demonstrate how the applicant will foster 
     partnerships and, where applicable, share resources with 
     State educational agencies, local educational agencies, 
     institutions of higher education, community-based 
     organizations (including organizations serving women), 
     parent, teacher, and student groups, businesses or other 
     recipients of Federal educational funding which may include 
     State literacy resource centers;
       ``(6) for applications for assistance under section 
     5203(b)(1), demonstrate how parental involvement in the 
     project will be encouraged; and
       ``(7) for applications for assistance under section 
     5203(b)(1), describe plans for continuation of the activities 
     assisted under this part with local support following 
     completion of the grant period and termination of Federal 
     support under this part.

     ``SEC. 5205. CRITERIA AND PRIORITIES.

       ``(a) Criteria and Priorities.--
       ``(1) In general.--The Secretary shall establish separate 
     criteria and priorities for awards under paragraphs (1) and 
     (2) of section 5203(b) to ensure that funds under this part 
     are used for programs that most effectively will achieve the 
     purposes of this part.
       ``(2) Criteria.--The criteria described in subsection (a) 
     may include the extent to which the activities assisted under 
     this part--
       ``(A) address the needs of women and girls of color and 
     women and girls with disabilities;
       ``(B) meet locally defined and documented educational 
     equity needs and priorities, including compliance with title 
     IX of the Education Amendments of 1972;
       ``(C) are a significant component of a comprehensive plan 
     for educational equity and compliance with title IX of the 
     Education Amendments of 1972 in the particular school 
     district, institution of higher education, vocational-
     technical institution, or other educational agency or 
     institution; and
       ``(D) implement an institutional change strategy with long-
     term impact that will continue as a central activity of the 
     applicant after the grant under this part has terminated.
       ``(b) Priorities.--In approving applications under this 
     part, the Secretary may 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 the 
     resources of 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 under this part has terminated;
       ``(D) address issues of national significance that can be 
     duplicated; and
       ``(E) address the educational needs of women and girls who 
     suffer multiple or compound discrimination based on sex and 
     on race, ethnic origin, disability, or age.
       ``(c) Special Rule.--To the extent feasible, the Secretary 
     shall ensure that grants awarded under this part for each 
     fiscal year address--
       ``(1) all levels of education, including preschool, 
     elementary and secondary education, higher education, 
     vocational education, and adult education;
       ``(2) all regions of the United States; and
       ``(3) urban, rural, and suburban educational institutions.
       ``(d) Coordination.--Research activities supported under 
     this part--
       ``(1) shall be carried out in consultation with the Office 
     of Educational Research and Improvement to ensure that such 
     activities are coordinated with and enhance the research and 
     development activities supported by the Office; and
       ``(2) may include collaborative research activities which 
     are jointly funded and carried out with the Office of 
     Educational Research and Improvement.
       ``(e) Limitation.--Nothing in this part shall be construed 
     as prohibiting men and boys from participating in any 
     programs or activities assisted with funds under this part.

     ``SEC. 5206. REPORT.

       ``The Secretary, not later than 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. 5207. ADMINISTRATION.

       ``(a) Evaluation and Dissemination.--The Secretary shall 
     evaluate in accordance with section 14701, and disseminate, 
     materials and programs developed under this part and shall 
     report to the Congress regarding such evaluation materials 
     and programs not later than January 1, 1998.
       ``(b) Program Operations.--The Secretary shall ensure that 
     the activities assisted 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.

     ``SEC. 5208. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this part, there are 
     authorized to be appropriated $5,000,000 for fiscal year 1995 
     and such sums as may be necessary for each of the four 
     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 5203(b)(1).

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

     ``SEC. 5301. SHORT TITLE.

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

     ``SEC. 5302. 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. 5303. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

       ``(a) Allotment to Categories of Local Educational 
     Agencies.--From the amount appropriated under section 5308 
     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 14701. 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 for assistance under this part 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 paragraph 
     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.--For the purpose of this 
     part the term `educational partnerships' means a partnership 
     between--
       ``(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.--
       ``(1) In general.--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 5304 and whose applications propose a program of 
     sufficient size, scope, and quality to be effective.
       ``(2) Additional funds.--Any local educational agency or 
     educational partnership that has received a grant under this 
     part shall be eligible for additional funds as provided under 
     subsection (d).
       ``(3) Terms and conditions.--Grants under this part shall 
     be made under such terms and conditions as the Secretary 
     shall prescribe.
       ``(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), (2), or (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. 5404. 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 
     three-year period.
       ``(b) Contents.--Each such application shall--
       ``(1) provide documentation of--
       ``(A) the number of children who were enrolled in the 
     schools to be served by the applicant for the five 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 
     not less than 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, relating to school completion, 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--
       ``(1) demonstrate the replication of successful programs 
     conducted in other local educational agencies or the 
     expansion of successful programs within a local educational 
     agency; and
       ``(2) reflect very high numbers or very high percentages of 
     school dropouts in the schools of the applicant in each 
     category described in section 5303(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 use only the priorities and 
     special considerations described in subsections (c) and (d).
       ``(f) Continuation of Assistance.--For the two fiscal years 
     beginning after the date of enactment of the Improving 
     America's Schools Act of 1994, the Secretary shall approve an 
     application under this section for a local educational agency 
     which received funding in fiscal year 1994 under the School 
     Dropout Demonstration Assistance Act of 1988 (20 U.S.C. 3241 
     et seq.) and which--
       ``(1) satisfies the requirements of this section;
       ``(2) qualifies for special consideration or priority 
     under--
       ``(A) section 5303(b); and
       ``(B) subsections (c) and (d) of this section; and
       ``(3) provides evidence that the program for which such 
     agency is seeking assistance is effective in--
       ``(A) providing early intervention services to at-risk 
     students in elementary and secondary schools;
       ``(B) identifying potential student dropouts; and
       ``(C) preventing students from dropping out of school.

     ``SEC. 5305. AUTHORIZED ACTIVITIES.

       ``Grants under this part shall be used to carry out 
     activities and services described in applications approved 
     under section 5304. In addition, grants may be used for 
     educational, occupational, and basic skills testing services 
     and activities, including--
       ``(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, including youth returning to school from a 
     correctional or other facility operated for delinquent youth;
       ``(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 of school;
       ``(B) intervene in the instructional program for such 
     children 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 
     school dropouts and between youth gangs and school 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, 
     including activities and services designed to meet the needs 
     of pregnant and parenting teenagers;
       ``(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. 5306. 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 5303(a);
       ``(2) the amount of a grant to a local educational agency 
     or an educational partnership 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 five percent of 
     any grant made under this part may be used for administrative 
     costs.

     ``SEC. 5307. 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 403(b) of the National Education Statistics Act of 
     1994, 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 
     gender, 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 school dropout and retention rates on the national, 
     State, and local levels.

     ``SEC. 5308. 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 VI--INNOVATIVE EDUCATION PROGRAM STRATEGIES

     ``SEC. 6001. FINDINGS AND STATEMENT OF PURPOSE.

       ``(a) Findings.--The Congress finds that chapter 2 of title 
     I of this Act (as such chapter was in effect on the day 
     preceding the date of enactment of the Improving America's 
     Schools Act of 1994) has been successful in achieving the 
     goals of increasing local flexibility, reducing 
     administrative burden, providing services for private school 
     students, encouraging innovation, and contributing to the 
     improvement of elementary and secondary educational programs.
       ``(b) Statement of Purpose.--It is the purpose of programs 
     under this title:
       ``(1) to support local education reform efforts which are 
     consistent with and support statewide reform efforts under 
     Goals 2000: Educate America Act;
       ``(2) to support State and local efforts to accomplish the 
     National Education Goals;
       ``(3) to provide funding to enable State and local 
     educational agencies to implement promising educational 
     reform programs;
       ``(4) to provide a continuing source of innovation, and 
     educational improvement, including support for library 
     services and instructional and media materials; and
       ``(5) to meet the special educational needs of at risk and 
     high cost students.
       ``(c) State and Local Responsibility.--The basic 
     responsibility for the administration of funds made available 
     under this title is within the State educational agencies, 
     but it is the intent of Congress that the responsibility be 
     carried out with a minimum of paperwork and that the 
     responsibility for the design and implementation of programs 
     assisted under this title will be mainly that of local 
     educational agencies, school superintendents and principals, 
     and classroom teachers and supporting personnel, because such 
     agencies and individuals have the most direct contact with 
     students and are most likely to be able to design programs to 
     meet the educational needs of students in their own school 
     districts.

     ``SEC. 6002. AUTHORIZATION OF APPROPRIATIONS; DURATION OF 
                   ASSISTANCE.

       ``(a) Authorization.--To carry out the purposes of this 
     title, there are authorized to be appropriated $370,000,000 
     for fiscal year 1995 and such sums as may be necessary for 
     each of the four succeeding fiscal years.
       ``(b) Duration of Assistance.--During the period beginning 
     October 1, 1994, and ending September 30, 1999, the Secretary 
     shall, in accordance with the provisions of this title, make 
     payments to State educational agencies for the purpose of 
     this title.

     ``SEC. 6003. DEFINITION.

       ``For the purposes of this title the term `effective 
     schools programs' means school-based programs that may 
     encompass preschool through secondary school levels and that 
     have the objectives of (1) promoting school-level planning, 
     instructional improvement, and staff development, (2) 
     increasing the academic achievement levels of all children 
     and particularly educationally disadvantaged children, and 
     (3) achieving as ongoing conditions in the school the 
     following factors identified through effective schools 
     research as distinguishing effective from ineffective 
     schools:
       ``(A) Strong and effective administrative and instructional 
     leadership that creates consensus on instructional goals and 
     organizational capacity for instructional problem solving.
       ``(B) Emphasis on the acquisition of basic and higher order 
     skills.
       ``(C) A safe and orderly school environment that allows 
     teachers and pupils to focus their energies on academic 
     achievement.
       ``(D) A climate of expectation that virtually all children 
     can learn under appropriate conditions.
       ``(E) Continuous assessment of students and programs to 
     evaluate the effects of instruction.

                   ``PART A--STATE AND LOCAL PROGRAMS

     ``SEC. 6101. 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 one percent for payments to outlying 
     areas to be allotted in accordance with their respective 
     needs.
       ``(b) Allotment.--From the remainder of such sums, the 
     Secretary shall allot to each State an amount which bears the 
     same ratio to the amount of such remainder as the school-age 
     population of the State bears to the school-age population of 
     all States, except that no State shall receive less than an 
     amount equal to one-half of one percent of such remainder.
       ``(c) Definitions.--For purposes of this part--
       ``(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. 6102. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

       ``(a) Distribution Rule.--From the sums made available each 
     year to carry out this title, the State educational agency 
     shall distribute not less than 85 percent to local 
     educational agencies within such State according to the 
     relative enrollments in public and private, nonprofit schools 
     within the school districts of such agencies, adjusted, in 
     accordance with criteria approved by the Secretary, to 
     provide higher per pupil allocations to local educational 
     agencies which have the greatest numbers or percentages of 
     children whose education imposes a higher than average cost 
     per child, such as--
       ``(1) children living in areas with high concentrations of 
     low-income families;
       ``(2) children from low-income families; and
       ``(3) children living in sparsely populated areas.
       ``(b) Calculation of Enrollments.--
       ``(1) 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 for which the 
     determination is made.
       ``(2) Construction.--Nothing in this subsection shall 
     diminish the responsibility of local educational agencies to 
     contact, on an annual basis, appropriate officials from 
     private nonprofit schools within the areas served by such 
     agencies in order to determine whether such schools desire 
     that their children participate in programs assisted under 
     this part.
       ``(3) 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 6002 for a fiscal 
     year, a State educational agency shall distribute to each 
     eligible local educational agency which has submitted an 
     application as required in section 6202 the amount of such 
     local educational agency 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. 6201. STATE USES OF FUNDS.

       ``(a) Authorized Activities.--A State educational agency 
     may use funds made available 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 education reform 
     activities including effective schools programs which assist 
     local educational agencies to provide targeted assistance.
       ``(b) Limitations and Requirements.--Not more than 25 
     percent of funds available for State programs under this 
     title in any fiscal year may be used for State administration 
     under subsection (a)(1).

     ``SEC. 6202. STATE APPLICATIONS.

       ``(a) Application Requirements.--Any State which desires to 
     receive assistance under this part shall submit to the 
     Secretary an application which--
       ``(1) designates the State educational agency as the State 
     agency responsible for administration and supervision of 
     programs assisted under this title;
       ``(2)(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; and
       ``(B) in fiscal year 1998 provides for an evaluation of the 
     effectiveness of programs assisted under this title;
       ``(3) sets forth the allocation of such funds required to 
     implement section 6402;
       ``(4) provides that the State educational agency will keep 
     such records and provide such information to the Secretary as 
     may be required for fiscal audit and program evaluation 
     (consistent with the responsibilities of the Secretary under 
     this section);
       ``(5) 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 decision making 
     processes of local educational agencies as to the expenditure 
     made pursuant to an application under section 6303;
       ``(6) contains assurances that there is compliance with the 
     specific requirements of this title; and
       ``(7) provides for timely public notice and public 
     dissemination of the information provided pursuant to 
     paragraph (2).
       ``(b) Period of Application.--An application filed by the 
     State under subsection (a) shall be for a period not to 
     exceed three years, and may be amended annually as may be 
     necessary to reflect changes without filing a new 
     application.
       ``(c) Audit Rule.--Local educational agencies receiving 
     less than an average of $5,000 each under this title shall 
     not be audited more frequently than once every five years.

             ``PART C--LOCAL INNOVATIVE EDUCATION PROGRAMS

     ``SEC. 6301. TARGETED USE OF FUNDS.

       ``(a) General Rule.--Funds made available to local 
     educational agencies under section 6102 shall be used for 
     innovative assistance described in subsection (b).
       ``(b) Innovative Assistance.--The innovative assistance 
     programs referred to in subsection (a) include--
       ``(1) technology related to the implementation of school-
     based reform programs, including professional development to 
     assist teachers and other school officials regarding how to 
     use effectively such equipment and software;
       ``(2) programs for the acquisition and use of instructional 
     and educational materials, including library services and 
     materials (including media materials), assessments, reference 
     materials, computer software and hardware for instructional 
     use, and other curricular materials which are tied to high 
     academic standards and which will be used to improve student 
     achievement and which are part of an overall education reform 
     program;
       ``(3) promising education reform projects, including 
     effective schools and magnet schools;
       ``(4) programs to improve the higher order thinking skills 
     of disadvantaged elementary and secondary school students and 
     to prevent students from dropping out of school;
       ``(5) programs to combat illiteracy in the student and 
     adult population, including parent illiteracy;
       ``(6) programs to provide for the educational needs of 
     gifted and talented children;
       ``(7) school reform activities that are consistent with the 
     Goals 2000: Educate America Act; and
       ``(8) school improvement programs or activities under 
     sections 1116 and 1117.

     ``SEC. 6302. 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, institutions of 
     higher education, libraries, museums, and other public and 
     private nonprofit agencies, organizations, and institutions.

     ``SEC. 6303. LOCAL APPLICATIONS.

       ``(a) Contents of Application.--A local educational agency 
     or consortium of such 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)(A) sets forth the planned allocation of funds among 
     innovative assistance programs described in section 6301 and 
     describes the programs, projects, and activities designed to 
     carry out such innovative assistance which the local 
     educational agency intends to support, together with the 
     reasons for the selection of such programs, projects, and 
     activities; and
       ``(B) sets forth the allocation of such funds required to 
     implement section 6402;
       ``(2) describes how assistance under this title will 
     contribute to meeting the National Education Goals and 
     improving student achievement or improving the quality of 
     education for students;
       ``(3) provide assurances of compliance with the provisions 
     of this title, including the participation of children 
     enrolled in private, nonprofit schools in accordance with 
     section 6402;
       ``(4) 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
       ``(5) 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 
     educational 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 three fiscal years, may provide for the 
     allocation of funds to programs for a period of three 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. In exercising such 
     discretion, a local educational agency shall ensure that 
     expenditures under this part carry out the purposes of this 
     title and are used to meet the educational needs within the 
     schools of such local educational agency.

              ``PART D--GENERAL ADMINISTRATIVE PROVISIONS

     ``SEC. 6401. MAINTENANCE OF EFFORT; FEDERAL FUNDS 
                   SUPPLEMENTARY.

       ``(a) Maintenance of Effort.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     State is entitled to receive its full allocation of funds 
     under this part for any fiscal year if the Secretary finds 
     that either the combined fiscal effort per student or the 
     aggregate expenditures within the State with respect to the 
     provision of free public education for the fiscal year 
     preceding the fiscal year for which the determination is made 
     was not less than 90 percent of such combined fiscal effort 
     or aggregate expenditures for the second fiscal year 
     preceding the fiscal year for which the determination is 
     made.
       ``(2) Reduction of funds.--The Secretary shall reduce the 
     amount of the allocation of funds under this part in any 
     fiscal year in the exact proportion to which the State fails 
     to meet the requirements of paragraph (1) by falling below 90 
     percent of both the fiscal effort per student and aggregate 
     expenditures (using the measure most favorable to the State), 
     and no such lesser amount shall be used for computing the 
     effort required under paragraph (1) for subsequent years.
       ``(3) Waivers.--The Secretary may waive, for one fiscal 
     year only, the requirements of this section if the Secretary 
     determines that such a waiver would be equitable due to 
     exceptional or uncontrollable circumstances such as a natural 
     disaster or a precipitous and unforeseen decline in the 
     financial resources of the State.
       ``(b) Federal Funds Supplementary.--A State or local 
     educational agency may use and allocate funds received under 
     this part only so as to supplement and, to the extent 
     practical, increase the level of funds that would, in the 
     absence of Federal funds made available under this part, be 
     made available from non-Federal sources, and in no case may 
     such funds be used so as to supplant funds from non-Federal 
     sources.

     ``SEC. 6402. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 
                   SCHOOLS.

       ``(a) Participation on Equitable Basis.--
       ``(1) In general.--To the extent consistent with the number 
     of children in the school district of a local educational 
     agency which is eligible to receive funds under this title or 
     which serves the area in which a program or project assisted 
     under this title is located who are enrolled in private 
     nonprofit elementary and secondary schools, or with respect 
     to instructional or personnel training programs funded by the 
     State educational agency from funds made available for State 
     use, such agency, after consultation with appropriate private 
     school officials, shall provide for the benefit of such 
     children in such schools secular, neutral, and nonideological 
     services, materials, and equipment, including the 
     participation of the teachers of such children (and other 
     educational personnel serving such children) in training 
     programs, and the repair, minor remodeling, or construction 
     of public facilities as may be necessary for their provision 
     (consistent with subsection (c) of this section), or, if such 
     services, materials, and equipment are not feasible or 
     necessary in one or more such private schools as determined 
     by the local educational agency after consultation with the 
     appropriate private school officials, shall provide such 
     other arrangements as will assure equitable participation of 
     such children in the purposes and benefits of this title.
       ``(2) Other provisions for services.--If no program or 
     project is carried out under paragraph (1) in the school 
     district of a local educational agency, the State educational 
     agency shall make arrangements, such as through contracts 
     with nonprofit agencies or organizations, under which 
     children in private schools in such district are provided 
     with services and materials to the extent that would have 
     occurred if the local educational agency had received funds 
     under this title.
       ``(3) Application of requirements.--The requirements of 
     this section relating to the participation of children, 
     teachers, and other personnel serving such children shall 
     apply to programs and projects carried out under this title 
     by a State or local educational agency, whether directly or 
     through grants to or contracts with other public or private 
     agencies, institutions, or organizations.
       ``(b) Equal Expenditures.--Expenditures for programs 
     pursuant to subsection (a) shall be equal (consistent with 
     the number of children to be served) to expenditures for 
     programs under this title for children enrolled in the public 
     schools of the local educational agency, taking into account 
     the needs of the individual children and other factors which 
     relate to such expenditures, and when funds available to a 
     local educational agency under this title are used to 
     concentrate programs or projects on a particular group, 
     attendance area, or grade or age level, children enrolled in 
     private schools who are included within the group, attendance 
     area, or grade or age level selected for such concentration 
     shall, after consultation with the appropriate private school 
     officials, be assured equitable participation in the purposes 
     and benefits of such programs or projects.
       ``(c) Funds.--
       ``(1) Administration of funds and property.--The control of 
     funds provided under this title, and title to materials, 
     equipment, and property repaired, remodeled, or constructed 
     with such funds, shall be in a public agency for the uses and 
     purposes provided in this title, and a public agency shall 
     administer such funds and property.
       ``(2) Provision of services.--The provision of services 
     pursuant to this title shall be provided by employees of a 
     public agency or through contract by such public agency with 
     a person, an association, agency, or corporation who or 
     which, in the provision of such services, is independent of 
     such private school and of any religious organizations, and 
     such employment or contract shall be under the control and 
     supervision of such public agency, and the funds provided 
     under this title shall not be commingled with State or local 
     funds.
       ``(d) State Prohibition Waiver.--If by reason of any 
     provision of law a State or local educational agency is 
     prohibited from providing for the participation in programs 
     of children enrolled in private elementary and secondary 
     schools, as required by this section, the Secretary shall 
     waive such requirements and shall arrange for the provision 
     of services to such children through arrangements which shall 
     be subject to the requirements of this section.
       ``(e) Waiver and Provision of Services.--
       ``(1) Failure to comply.--If the Secretary determines that 
     a State or a local educational agency has substantially 
     failed or is unwilling to provide for the participation on an 
     equitable basis of children enrolled in private elementary 
     and secondary schools as required by this section, the 
     Secretary may waive such requirements and shall arrange for 
     the provision of services to such children through 
     arrangements which shall be subject to the requirements of 
     this section.
       ``(2) Withholding of allocation.--Pending final resolution 
     of any investigation or complaint that could result in a 
     determination under this subsection or subsection (d), 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.
       ``(f) Determination.--Any determination by the Secretary 
     under this section shall continue in effect until the 
     Secretary determines that there will no longer be any failure 
     or inability on the part of the State or local educational 
     agency to meet the requirements of subsections (a) and (b).
       ``(g) 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 allotment of the State under 
     this title.
       ``(h) Review.--
       ``(1) Written objections.--The Secretary shall not take any 
     final action under this section until the State educational 
     agency and the local educational agency affected by such 
     action have had an opportunity, for not less than 45 days 
     after receiving written notice thereof, to submit written 
     objections and to appear before the Secretary or the 
     Secretary's designee to show cause why that action should not 
     be taken.
       ``(2) Court action.--If a State or local educational agency 
     is dissatisfied with the Secretary's final action after a 
     proceeding under paragraph (1), such agency may, not later 
     than 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. A copy 
     of the petition shall be transmitted by the clerk of the 
     court to the Secretary. 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) Remand to secretary.--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 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.
       ``(4) Court review.--Upon the filing of such petition, the 
     court shall have jurisdiction to affirm the action of the 
     Secretary or to set such action 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.
       ``(i) Prior Determination.--Any bypass determination by the 
     Secretary under chapter 2 of title I of this Act (as such 
     chapter was in effect on the day preceding the date of 
     enactment of the Improving America's Schools Act of 1994) 
     shall, to the extent consistent with the purposes of this 
     title, apply to programs under this title.

     ``SEC. 6403. FEDERAL ADMINISTRATION.

       ``(a) Technical Assistance.--The Secretary, upon request, 
     shall provide technical assistance to State and local 
     educational agencies under this title.
       ``(b) Rulemaking.--The Secretary shall issue regulations 
     under this title only to the extent that such regulations are 
     necessary to ensure that there is compliance with the 
     specific requirements and assurances required by this title.
       ``(c) Availability of Appropriations.--Notwithstanding any 
     other provision of law, unless expressly in limitation of 
     this subsection, funds appropriated in any fiscal year to 
     carry out activities under this title shall become available 
     for obligation on July 1 of such fiscal year and shall remain 
     available for obligation until the end of the subsequent 
     fiscal year.
 ``TITLE VII--BILINGUAL EDUCATION, LANGUAGE ENHANCEMENT, AND LANGUAGE 
                          ACQUISITION PROGRAMS

                     ``PART A--BILINGUAL EDUCATION

     ``SEC. 7101. SHORT TITLE.

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

     ``SEC. 7102. FINDINGS, POLICY, AND PURPOSE.

       ``(a) Findings.--The Congress finds that--
       ``(1) language-minority Americans speak virtually all world 
     languages plus many that are indigenous to the United States;
       ``(2) 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;
       ``(3) the presence of language-minority Americans is 
     related in part to Federal immigration policies;
       ``(4) many language-minority Americans are limited in their 
     English proficiency, and many have limited education and 
     income;
       ``(5) limited English proficient children and youth 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;
       ``(6) Native Americans and Native American languages (as 
     such terms are defined in section 103 of the Native American 
     Languages Act), including native residents of the outlying 
     areas, 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;
       ``(7) institutions of higher education can assist in 
     preparing teachers, administrators and other school personnel 
     to understand and build upon the educational strengths and 
     needs of language-minority and culturally diverse student 
     enrollments;
       ``(8) it is the purpose of this title to help ensure that 
     limited English proficient students master English and 
     develop high levels of academic attainment in content areas;
       ``(9) quality bilingual education programs enable children 
     and youth to learn English and meet high academic standards 
     including proficiency in more than one language;
       ``(10) as the world becomes increasingly interdependent and 
     as international communication becomes a daily occurrence in 
     government, business, commerce, and family life, multilingual 
     skills constitute an important national resource which 
     deserves protection and development;
       ``(11) educational technology has the potential for 
     improving the education of language-minority and limited 
     English proficient students and their families, and the 
     Federal Government should foster this development;
       ``(12) parent and community participation in bilingual 
     education programs contributes to program effectiveness;
       ``(13) 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 of limited English proficient children;
       ``(14) the use of a child or youth's native language and 
     culture in classroom instruction can--
       ``(A) promote self-esteem and contribute to academic 
     achievement and learning English by limited English 
     proficient children and youth;
       ``(B) benefit English-proficient children and youth who 
     also participate in such programs; and
       ``(C) develop our Nation's national language resources, 
     thus promoting our Nation's competitiveness in the global 
     economy;
       ``(15) 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; and
       ``(16) 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.
       ``(b) Policy.--The Congress declares it to be the policy of 
     the United States, in order to ensure equal educational 
     opportunity for all children and youth and to promote 
     educational excellence, to assist State and local educational 
     agencies, institutions of higher education and community-
     based organizations to build their capacity to establish, 
     implement, and sustain programs of instruction for children 
     and youth of limited English proficiency.
       ``(c) Purpose.--The purpose of this part is to educate 
     limited English proficient children and youth to meet the 
     same rigorous standards for academic performance expected of 
     all children and youth, including meeting challenging State 
     content standards and challenging State student performance 
     standards in academic areas by--
       ``(1) developing systemic improvement and reform of 
     educational programs serving limited English proficient 
     students through the development and implementation of 
     exemplary bilingual education programs and special 
     alternative instruction programs;
       ``(2) developing bilingual skills and multicultural 
     understanding;
       ``(3) developing the English of such children and youth 
     and, to the extent possible, the native language skills of 
     such children and youth;
       ``(4) providing similar assistance to Native Americans with 
     certain modifications relative to the unique status of Native 
     American languages under Federal law;
       ``(5) developing data collection and dissemination, 
     research, materials development, and technical assistance 
     which is focused on school improvement for limited English 
     proficient students; and
       ``(6) developing programs which strengthen and improve the 
     professional training of educational personnel who work with 
     limited English proficient students.

     ``SEC. 7103. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--For the purpose of carrying out this 
     part, there are authorized to be appropriated $215,000,000 
     for the fiscal year 1995 and such sums as may be necessary 
     for each of the four succeeding fiscal years.
       ``(b) Distribution.--From the sums appropriated under 
     subsection (a) for any fiscal year, the Secretary shall 
     reserve not less than 25 percent of such funds for such year 
     to carry out subpart 3.

     ``SEC. 7104. 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, secondary, and postsecondary 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.

     ``SEC. 7105. RESIDENTS OF THE TERRITORIES AND FREELY 
                   ASSOCIATED NATIONS.

       ``For the purpose of carrying out programs under this part 
     in the outlying areas, the term `local educational agency' 
     shall include public institutions or agencies whose mission 
     is the preservation and maintenance of native languages.

   ``Subpart 1--Bilingual Education Capacity and Demonstration Grants

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

       ``The purpose of this subpart is to assist local 
     educational agencies, institutions of higher education, and 
     community-based organizations, through the grants authorized 
     under sections 7112, 7113, 7114, and 7115 to--
       ``(1) develop and enhance their capacity to provide high-
     quality instruction through bilingual education or special 
     alternative instruction programs 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).

     ``SEC. 7112. PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.

       ``(a) Purpose.--The purpose of this section is to develop 
     and implement new comprehensive, coherent, and successful 
     bilingual education or special alternative instructional 
     programs for limited English proficient students, including 
     programs of early childhood education, kindergarten through 
     twelfth grade education, gifted and talented education, and 
     vocational and applied technology education.
       ``(b) Program Authorized.--
       ``(1) Authority.--(A) The Secretary is authorized to award 
     grants to eligible entities having applications approved 
     under section 7116 to enable such entities to carry out 
     activities described in paragraph (2).
       ``(B) Each grant under this section shall be awarded for a 
     period of three years.
       ``(2) Authorized activities.--(A) Grants awarded under this 
     section shall be used to improve the education of limited 
     English proficient students and their families by--
       ``(i) developing and implementing comprehensive preschool, 
     elementary, or secondary bilingual education or special 
     alternative instructional programs that are coordinated with 
     other relevant programs and services to meet the full range 
     of educational needs of limited English proficient students; 
     and
       ``(ii) providing inservice training to classroom teachers, 
     administrators, and other school or community-based 
     organizational personnel to improve the instruction and 
     assessment of language-minority and limited English 
     proficient students.
       ``(B) Grants under this section may be used to improve the 
     education of limited English proficient students and their 
     families by--
       ``(i) implementing family education programs and parent 
     outreach and training activities designed to assist parents 
     to become active participants in the education of their 
     children;
       ``(ii) improving the instructional program for limited 
     English proficient students by identifying, acquiring, and 
     upgrading curriculum, instructional materials, educational 
     software and assessment procedures and, if appropriate, 
     applying educational technology;
       ``(iii) compensating personnel, including teacher aides who 
     have been specifically trained, or are being trained, to 
     provide services to children and youth of limited English 
     proficiency;
       ``(iv) providing tutorials and academic or career 
     counseling for children and youth of limited-English 
     proficiency; and
       ``(v) providing such other activities, related to the 
     purposes of this part, as the Secretary may approve.
       ``(c) Eligible Entity.--For the purpose of this section the 
     term `eligible entity' means--
       ``(1) one or more local educational agencies;
       ``(2) one or more local educational agencies in 
     collaboration with an institution of higher education, 
     community-based organization or local or State educational 
     agency; or
       ``(3) a community-based organization or an institution of 
     higher education which has an application approved by the 
     local educational agency to develop and implement early 
     childhood education or family education programs or to 
     conduct an instructional program which supplements the 
     educational services provided by a local educational agency.
       ``(d) Due Consideration.--In awarding grants under this 
     section, the Secretary shall give due consideration to the 
     need for early childhood education, elementary education, and 
     secondary education programs.

     ``SEC. 7113. PROGRAM ENHANCEMENT PROJECTS.

       ``(a) Purpose.--The purpose of this section is to carry out 
     highly focused, innovative, locally designed projects to 
     expand or enhance existing bilingual education or special 
     alternative instructional programs for limited English 
     proficient students.
       ``(b) Program Authorized.--
       ``(1) Authority.--(A) The Secretary is authorized to award 
     grants to eligible entities having applications approved 
     under section 7116 to enable such entities to carry out 
     activities described in paragraph (2).
       ``(B) Each grant under this section shall be awarded for a 
     period of two years.
       ``(2) Authorized activities.--(A) Grants under this section 
     shall be used for providing inservice training to classroom 
     teachers, administrators, and other school or community-based 
     organization personnel to improve the instruction and 
     assessment of language-minority and limited English 
     proficient students.
       ``(B) Grants under this section may be used for--
       ``(i) implementing family education programs and parent 
     outreach and training activities designed to assist parents 
     to become active participants in the education of their 
     children;
       ``(ii) improving the instructional program for limited 
     English proficient students by identifying, acquiring, and 
     upgrading curriculum, instructional materials, educational 
     software and assessment procedures and, if appropriate, 
     applying educational technology;
       ``(iii) compensating personnel, including teacher aides who 
     have been specifically trained, or are being trained, to 
     provide services to children and youth of limited-English 
     proficiency;
       ``(iv) providing tutorials and academic or career 
     counseling for children and youth of limited-English 
     proficiency;
       ``(v) providing intensified instruction; and
       ``(vi) providing such other activities, related to the 
     purposes of this part, as the Secretary may approve.
       ``(c) Eligible Entity.--For the purpose of this section the 
     term `eligible entity' means--
       ``(1) one or more local educational agencies;
       ``(2) one or more local educational agencies in 
     collaboration with an institution of higher education, 
     community-based organization or local or State educational 
     agency; or
       ``(3) a community-based organization or an institution of 
     higher education which has an application approved by the 
     local educational agency to enhance early childhood education 
     or family education programs or to conduct an instructional 
     program which supplements the educational services provided 
     by a local educational agency.

     ``SEC. 7114. COMPREHENSIVE SCHOOL GRANTS.

       ``(a) Purpose.--The purpose of this section is to provide 
     financial assistance to eligible entities to implement 
     schoolwide bilingual education programs or special 
     alternative instruction programs for reforming, 
     restructuring, and upgrading all relevant programs and 
     operations, within an individual school, that serve all (or 
     virtually all) children and youth of limited-English 
     proficiency in schools with significant concentrations of 
     such children and youth.
       ``(b) Program Authorized.--
       ``(1) Authority.--(A) The Secretary is authorized to award 
     grants to eligible entities having applications approved 
     under section 7116 to enable such entities to carry out 
     activities described in paragraph (3).
       ``(B) Each grant under this section shall be awarded for 
     five years.
       ``(2) Termination.--The Secretary shall terminate grants to 
     eligible entities under this section if the Secretary 
     determines that--
       ``(A) the program evaluation required by section 7123 
     indicates that students in the schoolwide program are not 
     being taught to and are not making adequate progress toward 
     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.
       ``(3) Authorized activities.--Grants under this section may 
     be used to improve the education of limited English 
     proficient students and their families by--
       ``(A) implementing family education programs and parent 
     outreach and training activities designed to assist parents 
     to become active participants in the education of their 
     children;
       ``(B) improving the instructional program for limited 
     English proficient students by identifying, acquiring and 
     upgrading curriculum, instructional materials, educational 
     software and assessment procedures and, if appropriate, 
     applying educational technology;
       ``(C) compensating 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) providing tutorials and academic or career counseling 
     for children and youth of limited-English proficiency;
       ``(E) providing intensified instruction; and
       ``(F) providing such other activities, related to the 
     purposes of this part, as the Secretary may approve.
       ``(4) Special rule.--A grant recipient, before carrying out 
     a program assisted under this section, shall plan, train 
     personnel, develop curriculum, and acquire or develop 
     materials.
       ``(c) Eligible Entities.--For the purpose of this section 
     the term `eligible entity' means--
       ``(1) one or more local educational agencies; or
       ``(2) one or more local educational agencies in 
     collaboration with an institution of higher education, 
     community-based organizations or a local or State educational 
     agency.

     ``SEC. 7115. SYSTEMWIDE IMPROVEMENT GRANTS.

       ``(a) Purpose.--The purpose of this section is to implement 
     districtwide bilingual education programs or special 
     alternative instruction programs to improve, reform, and 
     upgrade relevant programs and operations, within an entire 
     local educational agency, that serve a significant number of 
     children and youth of limited English proficiency in local 
     educational agencies with significant concentrations of such 
     children and youth.
       ``(b) Program Authorized.--
       ``(1) Authority.--(A) The Secretary is authorized to award 
     grants to eligible entities having applications approved 
     under section 7116 to enable such entities to carry out 
     activities described in paragraphs (3) and (4).
       ``(B) Each grant under this section shall be awarded for 5 
     years.
       ``(2) Termination.--The Secretary shall terminate grants to 
     eligible entities under this section if the Secretary 
     determines that--
       ``(A) the program evaluation required by section 7123 
     indicates that students in the program are not being taught 
     to and are not making adequate progress toward 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.
       ``(3) Preparation.--Grants under this section may be used 
     during the first 12 months exclusively for activities 
     preparatory to the delivery of services.
       ``(4) Uses.--Grants under this section may be used to 
     improve the education of limited English proficient students 
     and their families by reviewing, restructuring, and 
     upgrading--
       ``(A) educational goals, curriculum guidelines and content, 
     standards and assessments;
       ``(B) personnel policies and practices including 
     recruitment, certification, staff development, and 
     assignment;
       ``(C) student grade-promotion and graduation requirements;
       ``(D) student assignment policies and practices;
       ``(E) family education programs and parent outreach and 
     training activities designed to assist parents to become 
     active participants in the education of their children;
       ``(F) the instructional program for limited English 
     proficient students by identifying, acquiring and upgrading 
     curriculum, instructional materials, educational software and 
     assessment procedures and, if appropriate, applying 
     educational technology;
       ``(G) tutorials and academic or career counseling for 
     children and youth of limited-English proficiency; and
       ``(H) such other activities, related to the purposes of 
     this part, as the Secretary may approve.
       ``(c) Eligible Entities.--For the purpose of this section 
     the term `eligible entity' means--
       ``(1) one or more local educational agencies; or
       ``(2) one or more local educational agencies in 
     collaboration with an institution of higher education, 
     community-based organizations or a local or State educational 
     agency.

     ``SEC. 7116. APPLICATIONS.

       ``(a) In General.--
       ``(1) Secretary.--To receive a grant under this subpart, an 
     eligible entity shall submit an application to the Secretary 
     at such time, in such form, and containing such information 
     as the Secretary may require.
       ``(2) State educational agency.--An eligible entity, with 
     the exception of schools funded by the Bureau of Indian 
     Affairs, shall submit a copy of its application under this 
     section to the State educational agency.
       ``(b) State Review and Comments.--
       ``(1) Deadline.--The State educational agency, not later 
     than 45 days after receipt of an application under this 
     section, shall review the application and transmit such 
     application to the Secretary.
       ``(2) Comments.--(A) Regarding any application submitted 
     under this title, the State educational agency shall--
       ``(i) submit to the Secretary written comments regarding 
     all such applications; and
       ``(ii) submit to each eligible entity the comments that 
     pertain to such entity.
       ``(B) For purposes of this subpart, such comments shall 
     address how the eligible entity--
       ``(i) will further the academic achievement of limited 
     English proficient students served pursuant to a grant 
     received under this subpart; and
       ``(ii) how the grant application is consistent with the 
     State plan submitted under section 1111.
       ``(c) Eligible Entity Comments.--An eligible entity may 
     submit to the Secretary comments that address the comments 
     submitted by the State educational agency.
       ``(d) Comment Consideration.--In making grants under this 
     subpart the Secretary shall take into consideration comments 
     made by a State educational agency.
       ``(e) Waiver.--Notwithstanding subsection (b), the 
     Secretary is authorized to waive the review requirement of 
     subsection (b) if a State educational agency can demonstrate 
     that such review requirement may impede such agency's ability 
     to fulfill the requirements of participation in the State 
     grant program, particularly such agency's data collection 
     efforts and such agency's ability to provide technical 
     assistance to local educational agencies not receiving funds 
     under this Act.
       ``(f) Required Documentation.--Such application shall 
     include documentation that the applicant has the qualified 
     personnel required to develop, administer, and implement the 
     proposed program.
       ``(g) Contents.--
       ``(1) In general.--An application for a grant under this 
     subpart shall contain the following:
       ``(A) A description of the need for the proposed program, 
     including data on the number of children and youth of 
     limited-English proficiency in the school or school 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 the English-proficient peers of such children and 
     youth, and, where applicable, the recency of immigration.
       ``(B) A description of 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;
       ``(ii) is coordinated with other programs under this Act, 
     the Goals 2000: Educate America Act and other Acts, as 
     appropriate, in accordance with section 14306;
       ``(iii) involves the parents of the children and youth of 
     limited-English proficiency to be served;
       ``(iv) ensures accountability in achieving high academic 
     standards; and
       ``(v) promotes coordination of services for the children 
     and youth of limited-English proficiency to be served and 
     their families.
       ``(C) A description, if appropriate, of the applicant's 
     collaborative activities with institutions of higher 
     education, community-based organizations, local or State 
     educational agencies, private schools, nonprofit 
     organizations, or businesses in carrying out the proposed 
     program.
       ``(D) An assurance that the applicant will not reduce the 
     level of State and local funds that the applicant expends for 
     bilingual education or special alternative instruction 
     programs if the applicant receives an award under this 
     subpart.
       ``(E) An assurance that the applicant will employ teachers 
     in the proposed program that, individually or in combination, 
     are proficient in English, including written, as well as 
     oral, communication skills.
       ``(F) A budget for grant funds.
       ``(2) Additional information.--Each application for a grant 
     under section 7114 or 7115 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;
       ``(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
       ``(v) current family education programs if applicable; 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.
       ``(h) Approval of Applications.--An application for a grant 
     under this subpart may be approved only if the Secretary 
     determines that--
       ``(1) the program will use qualified personnel, including 
     personnel who are proficient in the language or languages 
     used for instruction;
       ``(2) in designing the program for which application is 
     made, the needs of children in nonprofit private elementary 
     and secondary schools have been taken into account through 
     consultation with appropriate private school officials and, 
     consistent with the number of such children enrolled in such 
     schools in the area to be served whose educational needs are 
     of the type and whose language and grade levels are of a 
     similar type to those which the program is intended to 
     address, after consultation with appropriate private school 
     officials, provision has been made for the participation of 
     such children on a basis comparable to that provided for 
     public school children;
       ``(3) student evaluation and assessment procedures in the 
     program are valid, reliable, and fair for limited English 
     proficient students, and that limited English proficient 
     students who are disabled are identified and served in 
     accordance with the requirements of the Individuals with 
     Disabilities Education Act;
       ``(4) Federal funds made available for the project or 
     activity will be used so as to supplement the level of State 
     and local funds that, in the absence of such Federal funds, 
     would have been expended for special programs for children of 
     limited English proficient individuals and in no case to 
     supplant such State and local funds, except that nothing in 
     this paragraph shall be construed to preclude a local 
     educational agency from using funds under this title for 
     activities carried out under an order of a court of the 
     United States or of any State respecting services to be 
     provided such children, or to carry out a plan approved by 
     the Secretary as adequate under title VI of the Civil Rights 
     Act of 1964 with respect to services to be provided such 
     children;
       ``(5) the assistance provided under the application will 
     contribute toward building the capacity of the applicant to 
     provide a program on a regular basis, similar to that 
     proposed for assistance, which will be of sufficient size, 
     scope, and quality to promise significant improvement in the 
     education of students of limited-English proficiency, and 
     that the applicant will have the resources and commitment to 
     continue the program when assistance under this subpart is 
     reduced or no longer available; and
       ``(6) the applicant provides for utilization of the State 
     and national dissemination sources for program design and in 
     dissemination of results and products.
       ``(i) Priorities and Special Rules.--
       ``(1) Priority.--The Secretary shall give priority to 
     applications which provide for the development of bilingual 
     proficiency both in English and another language for all 
     participating students.
       ``(2) Special alternative instructional program.--Grants 
     for special alternative instructional programs under this 
     subpart shall not exceed 25 percent of the funds provided for 
     any type of grant under any section, or of the total funds 
     provided, under this subpart for any fiscal year.
       ``(3) Special rule.--Notwithstanding paragraph (2), the 
     Secretary may award grants under this subpart for special 
     alternative instructional programs if an applicant has 
     demonstrated that the applicant cannot develop and implement 
     a bilingual education program for the following reasons:
       ``(A) Where the diversity of the limited English proficient 
     students' native languages and the small number of students 
     speaking each respective language makes bilingual education 
     impractical.
       ``(B) Where, despite documented efforts, the applicant has 
     not been able to hire qualified instructional personnel who 
     are able to communicate in the students' native language.
       ``(4) Consideration.--In approving applications under this 
     subpart, the Secretary shall give consideration to the degree 
     to which the program for which assistance is sought involves 
     the collaborative efforts of institutions of higher 
     education, community-based organizations, the appropriate 
     local and State educational agency, or businesses.
       ``(5) Due consideration.--The Secretary shall give due 
     consideration to applications providing training for 
     personnel participating in or preparing to participate in the 
     program which will assist such personnel in meeting State and 
     local certification requirements and that, to the extent 
     possible, describe how college or university credit will be 
     awarded for such training.

     ``SEC. 7117. INTENSIFIED INSTRUCTION.

       ``In carrying out this subpart, each grant recipient may 
     intensify instruction for limited English proficient students 
     by--
       ``(1) expanding the educational calendar of the school in 
     which such student is enrolled to include programs before and 
     after school and during the summer months;
       ``(2) expanding the use of professional and volunteer aids;
       ``(3) applying technology to the course of instruction; and
       ``(4) providing intensified instruction through 
     supplementary instruction or activities, including 
     educationally enriching extracurricular activities, during 
     times when school is not routinely in session.

     ``SEC. 7118. CAPACITY BUILDING.

       ``Each recipient of a grant under this subpart shall use 
     the grant in ways that will build such recipient's capacity 
     to continue to offer high-quality bilingual and special 
     alternative education programs and services to children and 
     youth of limited-English proficiency once Federal assistance 
     is reduced or eliminated.

     ``SEC. 7119. 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 an approved program, including 
     a program to serve out-of-school youth.

     ``SEC. 7120. PRIORITY ON FUNDING.

       ``The Secretary shall give priority to applications under 
     this subpart that describe a program that--
       ``(1) enrolls a large percentage or large number of limited 
     English proficient students;
       ``(2) takes into account significant increases in limited 
     English proficient children and youth, including such 
     children and youth in areas with low concentrations of such 
     children and youth; and
       ``(3) ensures that activities assisted under this subpart 
     address the needs of school systems of all sizes and 
     geographic areas, including rural and urban schools.

     ``SEC. 7121. COORDINATION WITH OTHER PROGRAMS.

       ``In order to secure the most flexible and efficient use of 
     Federal funds, any State receiving funds under this subpart 
     shall coordinate its program with other programs under this 
     Act, the Goals 2000: Educate America Act, and other Acts, as 
     appropriate, in accordance with section 14306.

     ``SEC. 7122. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

       ``Programs authorized under this part that serve Native 
     American children, Native Pacific Island children, and 
     children in the Commonwealth of Puerto Rico, notwithstanding 
     any other provision of this part, 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.

     ``SEC. 7123. EVALUATIONS.

       ``(a) Evaluation.--Each recipient of funds under this 
     subpart shall provide the Secretary with an evaluation, in 
     the form prescribed by the Secretary, of such recipient's 
     program every two years.
       ``(b) Use of Evaluation.--Such evaluation shall be used by 
     a grant recipient--
       ``(1) for program improvement;
       ``(2) to further define the program's goals and objectives; 
     and
       ``(3) to determine program effectiveness.
       ``(c) Evaluation Components.--Evaluations shall include--
       ``(1) how students are achieving the State student 
     performance standards, if any, 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;
       ``(2) program implementation indicators that provide 
     information for informing and improving program management 
     and effectiveness, including data on appropriateness of 
     curriculum in relationship to grade and course requirements, 
     appropriateness of program management, appropriateness of the 
     program's staff professional development, and appropriateness 
     of the language of instruction;
       ``(3) program context indicators that describe the 
     relationship of the activities funded under the grant to the 
     overall school program and other Federal, State, or local 
     programs serving children and youth of limited English 
     proficiency; and
       ``(4) such other information as the Secretary may require.

     ``SEC. 7124. CONSTRUCTION.

       ``Nothing in this part 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.

          ``Subpart 2--Research, Evaluation, and Dissemination

     ``SEC. 7131. AUTHORITY.

       ``(a) In General.--The Secretary is authorized to conduct 
     data collection, dissemination, research, and ongoing program 
     evaluation activities in accordance with the provisions of 
     this subpart for the purpose of improving bilingual education 
     and special alternative instruction programs for children and 
     youth of limited English proficiency.
       ``(b) Competitive Awards.--Research and program evaluation 
     activities carried out under this subpart shall be supported 
     through competitive grants, contracts and cooperative 
     agreements awarded institutions of higher education, 
     nonprofit organizations, and State and local educational 
     agencies.
       ``(c) Administration.--The Secretary shall conduct data 
     collection, dissemination, and ongoing program evaluation 
     activities authorized by this subpart through the Office of 
     Bilingual Education and Minority Language Affairs.

     ``SEC. 7132. RESEARCH.

       ``(a) Administration.--The Secretary shall conduct research 
     activities authorized by this subpart through the Office of 
     Educational Research and Improvement in coordination and 
     collaboration with the Office of Bilingual Education and 
     Minority Language Affairs.
       ``(b) Requirements.--Such research activities--
       ``(1) shall have a practical application to teachers, 
     counselors, paraprofessionals, school administrators, 
     parents, and others involved in improving the education of 
     limited English proficient students and their families;
       ``(2) may include research on effective instructional 
     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 or youth in their classrooms;
       ``(3) may include establishing (through the National Center 
     for Education Statistics in consultation with experts in 
     bilingual education, second language acquisition, and 
     English-as-a-second-language) a common definition of `limited 
     English proficient student' for purposes of national data 
     collection; and
       ``(4) shall be administered by individuals with expertise 
     in bilingual education and the needs of limited English 
     proficient students and their families.
       ``(c) Field-Initiated Research.--
       ``(1) In general.--The Secretary shall reserve not less 
     than 5 percent of the funds made available to carry out this 
     section for field-initiated research conducted by current or 
     recent recipients of grants under subpart 1 or 2 who have 
     received such grants within the previous five years. Such 
     research may provide for longitudinal studies of students or 
     teachers in bilingual education, monitoring the education of 
     such students from entry in bilingual education through 
     secondary school completion.
       ``(2) Applications.--Applicants for assistance under this 
     subsection may submit an application for such assistance to 
     the Secretary at the same time as applications are submitted 
     under subpart 1 or 2. The Secretary shall complete a review 
     of such applications on a timely basis to allow research and 
     program grants to be coordinated when recipients are awarded 
     two or more such grants.
       ``(d) Consultation.--The Secretary shall consult with 
     agencies and organizations that are engaged in bilingual 
     education research and practice, or related research, and 
     bilingual education researchers and practitioners to identify 
     areas of study and activities to be funded under this 
     section.
       ``(e) Data Collection.--The Secretary shall provide for the 
     continuation of data collection on limited English proficient 
     students as part of the data systems operated by the 
     Department.

     ``SEC. 7133. ACADEMIC EXCELLENCE AWARDS.

       ``(a) Awards.--The Secretary may make grants to, and enter 
     into contracts and cooperative agreements with, State and 
     local educational agencies, nonprofit organizations, and 
     institutions of higher education to promote the adoption and 
     implementation of bilingual education, special alternative 
     instruction programs, and professional development programs 
     that demonstrate promise of assisting children and youth of 
     limited English proficiency to meet challenging State 
     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 reasonably 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 
     assistance centers assisted under part A of title XIII.

     ``SEC. 7134. 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, through such agency's own programs and other Federal 
     education programs, 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 shall use 
     funds awarded under this section for programs authorized by 
     this section to--
       ``(A) assist local educational agencies in the State with 
     program design, capacity building, assessment of student 
     performance, and program evaluation; and
       ``(B) collect data on the State's limited English 
     proficient populations and the educational programs and 
     services available to such populations.
       ``(2) Exception.--States which do not, as of the date of 
     enactment of the Improving America's Schools Act of 1994, 
     have in place a system for collecting the data described in 
     subparagraph (B) of paragraph (1) for all students in such 
     State, are not required to meet the requirement of such 
     subparagraph. In the event such State develops a system for 
     collecting data on the educational programs and services 
     available to all students in the State, then such State shall 
     comply with the requirement of paragraph (1)(B).
       ``(3) Training.--The State educational agency may also use 
     funds provided under this section for the training of State 
     educational agency personnel in educational issues affecting 
     limited English proficient children and youth.
       ``(4) Special rule.--Recipients of funds under this section 
     shall not restrict the provision of services under this 
     section to federally funded programs.
       ``(d) State Consultation.--A State educational agency 
     receiving funds under this section shall consult with 
     recipients of grants under this title and other individuals 
     or organizations involved in the development or operation of 
     programs serving limited English proficient children or youth 
     to ensure that such funds are used in a manner consistent 
     with the requirements of this title.
       ``(e) Applications.--A State educational agency desiring to 
     receive funds 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.
       ``(f) Supplement Not Supplant.--Funds made available under 
     this section for any fiscal year shall be used by the State 
     educational agency to supplement and, to the extent 
     practical, to increase to the level of funds that would, in 
     the absence of such funds, be made available by the State for 
     the purposes described in this section, and in no case to 
     supplant such funds.
       ``(g) Report to the Secretary.--State educational agencies 
     receiving awards under this section shall provide for the 
     annual submission of a summary report to the Secretary 
     describing such State's use of such funds.

     ``SEC. 7135. NATIONAL CLEARINGHOUSE FOR BILINGUAL EDUCATION.

       ``(a) Establishment.--The Secretary shall establish and 
     support the operation of a National Clearinghouse for 
     Bilingual Education, which shall collect, analyze, 
     synthesize, and disseminate information about bilingual 
     education and related programs.
       ``(b) Functions.--The National Clearinghouse for Bilingual 
     Education shall--
       ``(1) be administered as an adjunct clearinghouse of the 
     Educational Resources Information Center Clearinghouses 
     system of clearinghouses supported by the Office of 
     Educational Research and Improvement;
       ``(2) coordinate its activities with Federal data and 
     information clearinghouses and dissemination networks and 
     systems;
       ``(3) develop a data base management and monitoring system 
     for improving the operation and effectiveness of federally 
     funded bilingual education programs; and
       ``(4) develop, maintain, and disseminate, through 
     comprehensive regional assistance centers described in part A 
     of title XIII 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.

     ``SEC. 7136. INSTRUCTIONAL MATERIALS DEVELOPMENT.

       ``The Secretary may provide grants for the development, 
     publication, and dissemination of high-quality instructional 
     materials in Native American and Native Hawaiian languages 
     and the language of Native Pacific Islanders and natives of 
     the outlying areas for which instructional materials are not 
     readily available. The Secretary shall give priority to the 
     development of instructional materials in languages 
     indigenous to the United States or the outlying areas. The 
     Secretary shall also accord priority to applications for 
     assistance under this section which provide for developing 
     and evaluating materials in collaboration with activities 
     assisted under subparts 1 and 2 and which are consistent with 
     voluntary national content standards and challenging State 
     content standards.

                 ``Subpart 3--Professional Development

     ``SEC. 7141. PURPOSE.

       ``The purpose of this subpart is to assist in preparing 
     educators to improve the educational services for limited 
     English proficient children and youth by supporting 
     professional development programs and the dissemination of 
     information on appropriate instructional practices for such 
     children and youth.

     ``SEC. 7142. TRAINING FOR ALL TEACHERS PROGRAM.

       ``(a) Purpose.--The purpose of this section is to provide 
     for the incorporation of courses and curricula on appropriate 
     and effective instructional and assessment methodologies, 
     strategies and resources specific to limited English 
     proficient students into preservice and inservice 
     professional development programs for teachers, pupil 
     services personnel, administrators and other education 
     personnel in order to prepare such individuals to provide 
     effective services to limited English proficient students.
       ``(b) Authorization.--
       ``(1) Authority.--The Secretary is authorized to award 
     grants to institutions of higher education, local educational 
     agencies, and State educational agencies or to nonprofit 
     organizations which have entered into consortia arrangements 
     with one of such institutions or agencies.
       ``(2) Duration.--Each grant under this section shall be 
     awarded for a period of not more than five years.
       ``(c) Permissible Activities.--Activities conducted under 
     this section may include the development of training programs 
     in collaboration with other programs such as programs 
     authorized under titles I and II of this Act, and under the 
     Head Start Act.

     ``SEC. 7143. BILINGUAL EDUCATION TEACHERS AND PERSONNEL 
                   GRANTS.

       ``(a) Purpose.--The purpose of this section is to provide 
     for--
       ``(1) preservice and inservice professional development for 
     bilingual education teachers, administrators, pupil services 
     personnel, and other educational personnel who are either 
     involved in, or preparing to be involved in, the provision of 
     educational services for children and youth of limited-
     English proficiency; 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) Priority.--The Secretary shall give priority in 
     awarding grants under this section to institutions of higher 
     education, in consortia with local or State educational 
     agencies, that offer degree programs which prepare new 
     bilingual education teachers in order to increase the 
     availability of educators to provide high-quality education 
     to limited English proficient students.
       ``(c) Authorization.--
       ``(1) The Secretary is authorized to award grants for not 
     more than five years to institutions of higher education 
     which have entered into consortia arrangements with local or 
     State educational agencies to achieve the purposes of this 
     section.
       ``(2) The Secretary is authorized to make grants for not 
     more than five years to State and local educational agencies 
     for inservice professional development programs.

     ``SEC. 7144. BILINGUAL EDUCATION CAREER LADDER PROGRAM.

       ``(a) Purpose.--The purpose of this section is--
       ``(1) to upgrade the qualifications and skills of 
     noncertified educational personnel, especially educational 
     paraprofessionals, to meet high professional standards, 
     including certification and licensure as bilingual education 
     teachers and other educational personnel who serve limited 
     English proficient students, through collaborative training 
     programs operated by institutions of higher education and 
     local and State educational agencies; and
       ``(2) to help recruit and train secondary school students 
     as bilingual education teachers and other educational 
     personnel to serve limited English proficient students.
       ``(b) Authorization.--
       ``(1) In general.--The Secretary is authorized to award 
     grants for bilingual education career ladder programs to 
     institutions of higher education applying in consortia with 
     local or State educational agencies, which consortia may 
     include community-based organizations or professional 
     education organizations.
       ``(2) Duration.--Each grant under this section shall be 
     awarded for a period of not more than five years.
       ``(c) Permissive Activities.--Grants awarded under this 
     section may be used--
       ``(1) for the development of bilingual education career 
     ladder program curricula appropriate to the needs of the 
     consortium participants;
       ``(2) to provide assistance for stipends and costs related 
     to tuition, fees and books for enrolling in courses required 
     to complete the degree and certification requirements to 
     become bilingual education teachers; and
       ``(3) for programs to introduce secondary school students 
     to careers in bilingual education teaching that are 
     coordinated with other activities assisted under this 
     section.
       ``(d) Special Consideration.--The Secretary shall give 
     special consideration to applications under this section 
     which provide for--
       ``(1) participant completion of baccalaureate and master's 
     degree teacher education programs, and certification 
     requirements and may include effective employment placement 
     activities;
       ``(2) development of teacher proficiency in English and a 
     second language, including demonstrating proficiency in the 
     instructional use of English and, as appropriate, a second 
     language in classroom contexts;
       ``(3) coordination with the Federal TRIO programs under 
     chapter 1 of part A of title IV of the Higher Education Act 
     of 1965, the National Mini Corps under subpart 1 of part F of 
     title V of such Act, the Teacher Corps program under subpart 
     3 of part C of title V of such Act, and the National 
     Community and Service Trust Act of 1993 programs, and other 
     programs for the recruitment and retention of bilingual 
     students in secondary and postsecondary programs to train to 
     become bilingual educators; and
       ``(4) the applicant's contribution of additional student 
     financial aid to participating students.

     ``SEC. 7145. GRADUATE FELLOWSHIPS IN BILINGUAL EDUCATION 
                   PROGRAM.

       ``(a) Authorization.--
       ``(1) In general.--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.
       ``(2) Number.--For fiscal year 1994 not less than 500 
     fellowships leading to a master's or doctorate degree shall 
     be awarded under this section.
       ``(3) Information.--The Secretary shall include information 
     on the operation and the number of fellowships awarded under 
     the fellowship program in the evaluation required under 
     section 7149.
       ``(b) Fellowship Requirements.--
       ``(1) In general.--Any person receiving a fellowship under 
     this section shall agree to--
       ``(A) work in an activity related to the program or in an 
     activity such as an activity authorized under this part, 
     including work as a bilingual education teacher, for a period 
     of time equivalent to the period of time during which such 
     person receives assistance under this section; or
       ``(B) repay such assistance.
       ``(2) Regulations.--The Secretary shall establish in 
     regulations such terms and conditions for such agreement as 
     the Secretary deems reasonable and necessary and may waive 
     the requirement of paragraph (1) in extraordinary 
     circumstances.
       ``(c) Priority.--In awarding fellowships under this section 
     the Secretary may give priority to institutions of higher 
     education that demonstrate experience in assisting fellowship 
     recipients find employment in the field of bilingual 
     education.

     ``SEC. 7146. APPLICATION.

       ``(a) In General.--
       ``(1) Secretary.--To receive an award under this subpart, 
     an eligible entity shall submit an application to the 
     Secretary at such time, in such form, and containing such 
     information 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 
     master's- 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) State educational agency.--An eligible entity, with 
     the exception of schools funded by the Bureau of Indian 
     Affairs, shall submit a copy of the application under this 
     subsection to the State educational agency.
       ``(b) State Review and Comments.--
       ``(1) Deadline.--The State educational agency, not later 
     than 45 days after receipt of such application copy, shall 
     review the application and transmit such application to the 
     Secretary.
       ``(2) Comments.--(A) Regarding any application submitted 
     under this subpart, the State educational agency shall--
       ``(i) submit to the Secretary written comments regarding 
     all such applications; and
       ``(ii) submit to each eligible entity the comments that 
     pertain to such entity.
       ``(B) For purposes of this subpart, comments shall address 
     how the eligible entity--
       ``(i) will further the academic achievement of limited 
     English proficient students served pursuant to a grant 
     received under this subpart; and
       ``(ii) how the grant application is consistent with the 
     State plan submitted under section 1111.
       ``(3) Waiver.--Notwithstanding paragraphs (1) and (2), the 
     Secretary is authorized to waive the review requirement if a 
     State educational agency can demonstrate that such review 
     requirement may impede such agency's ability to fulfill the 
     requirements of participation in the State grant program, 
     particularly such agency's data collection efforts and such 
     agency's ability to provide technical assistance to local 
     educational agencies not receiving funds under this Act.
       ``(c) Eligible Entity Comments.--An eligible entity may 
     submit to the Secretary comments that address the comments 
     submitted by the State educational agency.
       ``(d) Comment Consideration.--In making awards under this 
     subpart the Secretary shall take into consideration comments 
     made by a State educational agency.
       ``(e) Special Rule.--
       ``(1) Outreach and technical assistance.--The Secretary 
     shall provide for outreach and technical assistance to 
     institutions of higher education eligible for assistance 
     under title III of the Higher Education Act of 1965 and 
     institutions of higher education that are operated or funded 
     by the Bureau of Indian Affairs to facilitate the 
     participation of such institutions in activities under this 
     part.
       ``(2) Distribution rule.--In making awards under this 
     subpart, the Secretary, consistent with subsection (d), shall 
     ensure adequate representation of Hispanic-serving 
     institutions that demonstrate competence and experience in 
     the programs and activities authorized under this subpart and 
     are otherwise qualified.

     ``SEC. 7147. PROGRAM REQUIREMENTS.

       ``Activities conducted under this subpart shall assist 
     educational personnel in meeting State and local 
     certification requirements for bilingual education and, 
     wherever possible, shall lead toward the awarding of college 
     or university credit.

     ``SEC. 7148. 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.

     ``SEC. 7149. PROGRAM EVALUATIONS.

       ``Each recipient of funds under this subpart shall provide 
     the Secretary with an evaluation of the program assisted 
     under this subpart every two years. Such evaluation shall 
     include data on--
       ``(1) post-program placement of persons trained in a 
     program assisted under this subpart;
       ``(2) how the training relates to the employment of persons 
     served by the program;
       ``(3) program completion; and
       ``(4) such other information as the Secretary may require.

     ``SEC. 7150. USE OF FUNDS FOR SECOND LANGUAGE COMPETENCE.

       ``Awards under this subpart may be used to develop a 
     program participant's competence in a second language for use 
     in instructional programs.

                        ``Subpart 4--Transition

     ``SEC. 7161. 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).

             ``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 childrens' 
     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 three 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 not less than 45 minutes of instruction in a 
     foreign language not less than four 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 four 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--EMERGENCY IMMIGRANT EDUCATION PROGRAM

     ``SEC. 7301. FINDINGS AND PURPOSE.

       ``(a) Findings.--The Congress finds that--
       ``(1) the education of our Nation's children and youth is 
     one of the most sacred government responsibilities;
       ``(2) local educational agencies have struggled to fund 
     adequately education services;
       ``(3) in the case of Plyler v. Doe, the Supreme Court held 
     that States have a responsibility under the Equal Protection 
     Clause of the Constitution to educate all children, 
     regardless of immigration status; and
       ``(4) immigration policy is solely a responsibility of the 
     Federal Government.
       ``(b) Purpose.--The purpose of this part is to assist 
     eligible local educational agencies that experience 
     unexpectedly large increases in their student population due 
     to immigration to--
       ``(1) provide high-quality instruction to immigrant 
     children and youth; and
       ``(2) help such children and youth--
       ``(A) with their transition into American society; and
       ``(B) meet the same challenging State performance standards 
     expected of all children and youth.

     ``SEC. 7302. 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 7304 to pay the costs of performing 
     such agency's administrative functions under this part.

     ``SEC. 7303. WITHHOLDING.

       ``Whenever the Secretary, after providing 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. 7304. 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 7301(b).
       ``(b) Allocations.--
       ``(1) In general.--Except as provided in subsections (c) 
     and (d), 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 public elementary or secondary 
     schools under the jurisdiction of each local educational 
     agency described in paragraph (2) within such State, and in 
     nonpublic elementary or secondary 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 public 
     elementary or secondary schools under the jurisdiction of 
     such agencies, and in nonpublic elementary or secondary 
     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 estimates 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.--Notwithstanding any other provision of 
     this part, if the amount appropriated to carry out this part 
     exceeds $50,000,000 for a fiscal year, a State educational 
     agency may reserve not more than 20 percent of such agency's 
     payment under this part for such year to award grants, on a 
     competitive basis, to local educational agencies within the 
     State as follows:
       ``(A) At least one-half of such grants shall be made 
     available to eligible local educational agencies (as 
     described in subsection (b)(2)) within the State with the 
     highest numbers and percentages of immigrant children and 
     youth.
       ``(B) Funds reserved under this paragraph and not made 
     available under subparagraph (A) may be distributed to local 
     educational agencies within the State experiencing a sudden 
     influx of immigrant children and youth which are otherwise 
     not eligible for assistance under this part.
       ``(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 7307.
       ``(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.

     ``SEC. 7305. 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 7301 and 7307, 
     including a description of how local educational agencies 
     receiving funds under this part will use such funds to meet 
     such purposes and will coordinate with other programs 
     assisted under this Act, the Goals 2000: Educate America Act, 
     and other Acts as appropriate;
       ``(3) provide an assurance that local educational agencies 
     receiving funds under this part will coordinate the use of 
     such funds with programs assisted under part A or title I;
       ``(4) provide assurances that such payments, with the 
     exception of payments reserved under section 7304(e), will be 
     distributed among local educational agencies within that 
     State on the basis of the number of immigrant children and 
     youth counted with respect to each such local educational 
     agency under section 7304(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 nonpublic 
     elementary or secondary 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 nonpublic 
     elementary or secondary 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;
       ``(8) provide that funds reserved under subsection (e) of 
     section 7304 be awarded on a competitive basis based on merit 
     and need in accordance with such subsection; and
       ``(9) 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 providing 
     reasonable notice, technical assistance, and an opportunity 
     for a hearing to the State.

     ``SEC. 7306. 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 7305 of 
     the amount of such agency's allocation under section 7304 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 7305(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, subject to the 
     requirements of this part, to such children. Such waivers 
     shall be subject to consultation, withholding, notice, and 
     judicial review requirements in accordance with the 
     provisions of title I.

     ``SEC. 7307. 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. 7308. REPORTS.

       ``(a) Biennial Report.--Each State educational agency 
     receiving funds under this part shall submit, once every two 
     years, a report to the Secretary concerning the expenditure 
     of funds by local educational agencies under this part. Each 
     local educational agency receiving funds under this part 
     shall submit to the State educational agency such information 
     as may be necessary for such report.
       ``(b) Report to Congress.--The Secretary shall submit, once 
     every two years, a report to the appropriate committees of 
     the Congress concerning programs assisted under this part in 
     accordance with section 14701.

     ``SEC. 7309. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this part, there are 
     authorized to be appropriated $100,000,000 for fiscal year 
     1995 and such sums as may be necessary for each of the four 
     succeeding fiscal years.

                        ``PART D--ADMINISTRATION

     ``SEC. 7401. RELEASE TIME.

       ``The Secretary shall allow professional development 
     programs funded under part A to use funds provided under part 
     A for professional release time to enable individuals to 
     participate in programs assisted under part A.

     ``SEC. 7402. EDUCATION TECHNOLOGY.

       ``Funds made available under part A may be used to provide 
     for the acquisition or development of education technology or 
     instructional materials, including authentic materials in 
     languages other than English, access to and participation in 
     electronic networks for materials, training and 
     communications, and incorporation of such resources in 
     curricula and programs such as those funded under this title.

     ``SEC. 7403. NOTIFICATION.

       ``The State educational agency, and when applicable, the 
     State board for postsecondary education, shall be notified 
     within three working days of the date an award under part A 
     is made to an eligible entity within the State.

     ``SEC. 7404. CONTINUED ELIGIBILITY.

       ``Entities receiving grants under this title shall remain 
     eligible for grants for subsequent activities which extend or 
     expand and do not duplicate those activities supported by a 
     previous grant under this title. In considering applications 
     for grants under this title, the Secretary shall take into 
     consideration the applicant's record of accomplishments under 
     previous grants under this title.

     ``SEC. 7405. COORDINATIONS AND REPORTING REQUIREMENTS.

       ``(a) Coordination With Related Programs.--In order to 
     maximize Federal efforts aimed at serving the educational 
     needs of children and youth of limited-English proficiency, 
     the Secretary shall coordinate and ensure close cooperation 
     with other programs serving language-minority and limited 
     English proficient students that are administered by the 
     Department and other agencies. The Secretary shall consult 
     with the Secretary of Labor, the Secretary of Health and 
     Human Services, the Secretary of Agriculture, the Attorney 
     General and the heads of other relevant agencies to identify 
     and eliminate barriers to appropriate coordination of 
     programs that affect language-minority and limited English 
     proficient students and their families. The Secretary shall 
     provide for continuing consultation and collaboration, 
     between the Office and relevant programs operated by the 
     Department, including programs under title I and other 
     programs under this Act, in planning, contracts, providing 
     joint technical assistance, providing joint field monitoring 
     activities and in other relevant activities to ensure 
     effective program coordination to provide high quality 
     education opportunities to all language-minority and limited 
     English proficient students.
       ``(b) Data.--The Secretary shall, to the extent feasible, 
     ensure that all data collected by the Department shall 
     include the collection and reporting of data on limited 
     English proficient students.
       ``(c) Publication of Proposals.--The Secretary shall 
     publish and disseminate all requests for proposals for 
     programs funded under part A.
       ``(d) Report.--The Director shall prepare and, not later 
     than February 1 of every other year, shall submit to the 
     Secretary and to the Committee on Labor and Human Resources 
     of the Senate and to the Committee on Education and Labor of 
     the House of Representatives a report on--
       ``(1) the activities carried out under this title and the 
     effectiveness of such activities in improving the education 
     provided to limited English proficient children and youth;
       ``(2) a critical synthesis of data reported by the States 
     pursuant to section 7134;
       ``(3) an estimate of the number of certified bilingual 
     education personnel in the field and an estimate of the 
     number of bilingual education teachers which will be needed 
     for the succeeding five fiscal years;
       ``(4) the major findings of research carried out under this 
     title; and
       ``(5) recommendations for further developing the capacity 
     of our Nation's schools to educate effectively limited 
     English proficient students.

                      ``PART E--GENERAL PROVISIONS

     ``SEC. 7501. DEFINITIONS; REGULATIONS.

       ``Except as otherwise provided, for purposes of this 
     title--
       ``(1) Bilingual education program.--The term `bilingual 
     education program' means an educational program for limited 
     English proficient students that--
       ``(A) makes instructional use of both English and a 
     student's native language;
       ``(B) enables limited English proficient students to 
     achieve English proficiency and academic mastery of subject 
     matter content and higher order skills, including critical 
     thinking, so as to meet age-appropriate grade-promotion and 
     graduation standards in concert with the National Education 
     Goals;
       ``(C) may also develop the native language skills of 
     limited English proficient students, or ancestral languages 
     of American Indians, Alaska Natives, Native Hawaiians and 
     native residents of the outlying areas; and
       ``(D) may include the participation of English-proficient 
     students if such program is designed to enable all enrolled 
     students to become proficient in English and a second 
     language.
       ``(2) Children and youth.--The term `children and youth' 
     means individuals aged 3 through 21.
       ``(3) Community-based organization.--The term `community-
     based organization' means a private nonprofit organization of 
     demonstrated effectiveness or Indian tribe or tribally 
     sanctioned educational authority which is representative of a 
     community or significant segments of a community and which 
     provides educational or related services to individuals in 
     the community. Such term includes Native Hawaiian 
     organizations including Native Hawaiian Educational 
     Organizations as such term is defined in section 4009 of the 
     Augustus F. Hawkins-Robert T. Stafford Elementary and 
     Secondary School Improvement Amendments of 1988 (20 U.S.C. 
     4901 et seq.), as such Act was in effect on the day preceding 
     the date of enactment of the Improving America's Schools Act 
     of 1994.
       ``(4) Community college.--The term `community college' 
     means an institution of higher education as defined in 
     section 1201(a) of the Higher Education Act of 1965 which 
     provides not less than a two-year program which is acceptable 
     for full credit toward a bachelor's degree, including 
     institutions receiving assistance under the Tribally 
     Controlled Community College Assistance Act of 1978.
       ``(5) 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.
       ``(6) Family education program.--(A) The term `family 
     education program' means a bilingual education or special 
     alternative instructional program that--
       ``(i) is designed--
       ``(I) to help limited English proficient adults and out-of-
     school youths achieve proficiency in the English language; 
     and
       ``(II) to provide instruction on how parents and family 
     members can facilitate the educational achievement of their 
     children;
       ``(ii) when feasible, uses instructional programs such as 
     the models developed under the Even Start Family Literacy 
     Programs, which promote adult literacy and train parents to 
     support the educational growth of their children and the 
     Parents as Teachers Program and the Home Instruction Program 
     for Preschool Youngsters; and
       ``(iii) gives preference to participation by parents and 
     immediate family members of children attending school.
       ``(B) Such term may include programs that provide 
     instruction to facilitate higher education and employment 
     outcomes.
       ``(7) Immigrant children and youth.--The term `immigrant 
     children and youth' means individuals who--
       ``(A) are aged 3 through 21;
       ``(B) were not born in any State; and
       ``(C) have not been attending one or more schools in any 
     one or more States for more than three full academic years.
       ``(8) 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 or who is a 
     native resident of the outlying areas 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 has sufficient difficulty speaking, reading, 
     writing, or understanding the English language and whose 
     difficulties may deny such individual the opportunity to 
     learn successfully in classrooms where the language of 
     instruction is English or to participate fully in our 
     society.
       ``(9) 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.
       ``(10) 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 not less than 
     five years successful experience in providing educational 
     services in traditional Native American languages.
       ``(11) 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.
       ``(12) Office.--The term `Office' means the Office of 
     Bilingual Education and Minority Languages Affairs.
       ``(13) 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 serve persons of limited-English 
     proficiency.
       ``(14) Paraprofessional.--The term `paraprofessional' means 
     an individual who is employed in preschool, elementary or 
     secondary school under the supervision of a certified or 
     licensed teacher, including individuals employed in bilingual 
     education, special education and migrant education.
       ``(15) Special alternative instructional program.--The term 
     `special alternative instructional program' means an 
     educational program for limited English proficient students 
     that--
       ``(A) utilizes specially designed English language 
     curricula and services but does not use the student's native 
     language for instructional purposes;
       ``(B) enables limited English proficient students to 
     achieve English proficiency and academic mastery of subject 
     matter content and higher order skills, including critical 
     thinking so as to meet age-appropriate grade-promotion and 
     graduation standards in concert with the National Education 
     Goals; and
       ``(C) is particularly appropriate for schools where the 
     diversity of the limited English proficient students' native 
     languages and the small number of students speaking each 
     respective language makes bilingual education impractical and 
     where there is a critical shortage of bilingual education 
     teachers.

     ``SEC. 7502. REGULATIONS AND NOTIFICATION.

       ``(a) Regulation Rule.--In developing regulations under 
     this title, the Secretary shall consult with State and local 
     educational agencies, organizations representing limited 
     English proficient individuals, and organizations 
     representing teachers and other personnel involved in 
     bilingual education.
       ``(b) Parental Notification.--
       ``(1) In general.--Parents of children and youth 
     participating in programs assisted under part A shall be 
     informed of--
       ``(A) a student's level of English proficiency, how such 
     level was assessed, the status of a student's academic 
     achievement and the implications of a student's educational 
     strengths and needs for age and grade appropriate academic 
     attainment, promotion, and graduation;
       ``(B) what programs are available to meet the student's 
     educational strengths and needs and how the programs differ 
     in content and instructional goals, and in the case of a 
     student with a disability, how the program meets the 
     objectives of a student's individualized education program; 
     and
       ``(C) the instructional goals of the bilingual education or 
     special alternative instructional program, and how the 
     program will specifically help the limited English proficient 
     student acquire English and meet age-appropriate standards 
     for grade-promotion and graduation, including--
       ``(i) the benefits, nature, and past academic results of 
     the bilingual educational program and of the instructional 
     alternatives; and
       ``(ii) the reasons for the selection of their child as 
     being in need of bilingual education.
       ``(2) Option to decline.--(A) Such parents shall also be 
     informed that such parents have the option of declining 
     enrollment of their children and youth in such programs and 
     shall be given an opportunity to so decline if such parents 
     so choose.
       ``(B) A local educational agency shall not be relieved of 
     any of its obligations under title VI of the Civil Rights Act 
     of 1964 because parents choose not to enroll their children 
     in bilingual education programs.
       ``(3) Receipt of information.--Such parents 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 part 
     A; 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.
       ``(4) Special rule.--Students shall not be admitted to or 
     excluded from any federally assisted education program merely 
     on the basis of a surname or language-minority status.
                        ``TITLE VIII--IMPACT AID

     ``SEC. 8001. PURPOSE.

       ``In order to fulfill the Federal responsibility to assist 
     with the provision of educational services to federally 
     connected children, because certain activities of the Federal 
     Government place a financial burden on the local educational 
     agencies serving areas where such activities are carried out, 
     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) educate heavy concentrations of children whose 
     parents are civilian employees of the Federal Government and 
     do not reside on Federal property;
       ``(5) experience sudden and substantial increases or 
     decreases in enrollments because of military realignments; or
       ``(6) need special assistance with capital expenditures for 
     construction activities because of the enrollments of 
     substantial numbers of children who reside on Federal lands.

     ``SEC. 8002. 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 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 such agency shall be eligible to receive the amount 
     described in subsection (b).
       ``(b) Amount.--
       ``(1) In general.--(A)(i) 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 during the previous fiscal 
     year from activities conducted on such Federal property.
       ``(ii) For purposes of clause (i), the amount of revenue 
     that a local educational agency receives during the previous 
     fiscal year from activities conducted on Federal property 
     shall not include payments received by the agency from the 
     Secretary of Defense to support--
       ``(I) the operation of a domestic dependent elementary or 
     secondary school; or
       ``(II) the provision of a free public education to 
     dependents of members of the Armed Forces residing on or near 
     a military installation.
       ``(B) If funds appropriated under section 8014(a) are 
     insufficient to pay the amount determined under subparagraph 
     (A), the Secretary shall ratably reduce the payment to each 
     eligible local educational agency.
       ``(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 8003(b), exceeds the maximum 
     amount that such agency is eligible to receive for such 
     fiscal year under section 8003(b)(1)(C).
       ``(2) Application of current levied real property tax 
     rate.--In calculating the amount that a local educational 
     agency is eligible to receive for a fiscal year, 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 purpose 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) Local Educational Agency Containing Forest Service 
     Land and Serving Certain Counties.--Beginning with fiscal 
     year 1995, a local educational agency shall be deemed to meet 
     the requirements of subsection (a)(1)(C) if such local 
     educational agency meets the following requirements:
       ``(1) Acreage and acquisition by the forest service.--The 
     local educational agency serves a school district that 
     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) County charter.--The local educational agency serves 
     a county chartered under State law in 1875 or 1890.
       ``(f) Special Rule.--Beginning with fiscal year 1994, and 
     notwithstanding any other provision of law limiting the 
     period during which fiscal year 1994 funds may be obligated, 
     the Secretary shall treat the local educational agency 
     serving the Wheatland R-II School District, Wheatland, 
     Missouri, as meeting the eligibility requirements of section 
     2(a)(1)(C) of the Act of September 30, 1950 (Public Law 874, 
     81st Congress) (as such section was in effect on the day 
     preceding the date of enactment of the Improving America's 
     Schools Act of 1994) (20 U.S.C. 237(a)(1)(C)) or subsection 
     (a)(1)(C).

     ``SEC. 8003. 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 and is a 
     foreign military officer;
       ``(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 and is a foreign military 
     officer 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 such 
     agency is located, or in whole or in part in such agency if 
     such agency is located in more than one county; or
       ``(ii) if not in such county, in whole or in part in the 
     same State as such agency.
       ``(2) Determination of weighted student units.--For the 
     purpose 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 (A) and (B) of paragraph (1) by a factor of .35 
     if the local educational agency has--
       ``(i) a number of such children described in such 
     subparagraphs which exceeds 6,500; and
       ``(ii) an average daily attendance for all children which 
     exceeds 100,000.
       ``(D) Multiply the number of children described in 
     subparagraphs (D) and (E) of paragraph (1) by a factor of 
     .10.
       ``(E) Multiply the number of children described in 
     subparagraphs (F) and (G) of paragraph (1) by a factor of 
     .05.
       ``(3) Special rule.--The Secretary shall only compute a 
     payment for a local educational agency for children described 
     in subparagraph (F) or (G) of paragraph (1) if the number of 
     such children equals or exceeds 2,000 and such number equals 
     or exceeds 15 percent of the total number of students in 
     average daily attendance in the schools of such agency.
       ``(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 8014(b) for a fiscal year, the Secretary is 
     authorized to make basic support payments to eligible local 
     educational agencies with children described in subsection 
     (a).
       ``(B) Eligibility.--A local educational agency is 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)(1) 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 expenditure 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 8014(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 paragraph (not including 
     amounts received under subsection (f)), and the denominator 
     of which is the total current expenditures for such agency in 
     the second preceding fiscal 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.--
       ``(1) In general.--Except as provided in paragraph (2) and 
     subsection (f), all calculations under this section shall be 
     based on data for each local educational agency from not 
     later than the fiscal year preceding the fiscal year for 
     which the agency is making application for payment.
       ``(2) Exception.--Calculations for a local educational 
     agency that is newly established by a State shall, for the 
     first year of operation of such agency, be based on data from 
     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 8014(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 (A)(ii), (B) and (C) of subsection (a)(1) who 
     are eligible to receive services under the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.) 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 (20 U.S.C. 1400 et seq.).
       ``(e) Hold-Harmless Amounts.--
       ``(1) In general.--(A) Except as provided in paragraph 
     (4)(A), the total amount that the Secretary shall pay a local 
     educational agency under subsection (b) shall not be less 
     than 85 percent of the amount such agency received for the 
     preceding fiscal year--
       ``(i) in the case of fiscal year 1995 only, under 
     subsections (a) and (b) of section 3 of the Act of September 
     30, 1950 (Public Law 874, 81st Congress) (as such section was 
     in effect on the day preceding the date of enactment of the 
     Improving America's Schools Act of 1994); or
       ``(ii) in the case of fiscal years 1996, 1997, 1998, or 
     1999, under such subsection (b).
       ``(B) For fiscal year 1995 only, the Secretary shall pay, 
     to each local educational agency that is not eligible for a 
     payment under subsection (b) but that received a payment 
     under section 3 of the Act of September 30, 1950 (Public Law 
     874, 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) for fiscal year 1994, an amount which is 
     not less than 85 percent of the payment such agency received 
     under such section 3 for fiscal year 1994.
       ``(2) Two-year applicability.--Paragraph (1)(A) shall apply 
     to any one local educational agency for a maximum of two 
     consecutive fiscal years.
       ``(3) Phase-out payment.--A local educational agency which 
     received a payment under section 3(e) of the Act of September 
     30, 1950 (Public Law 874, 81st Congress) (as such section was 
     in effect on the day preceding the date of enactment of the 
     Improving America's Schools Act of 1994) for fiscal year 1994 
     is eligible to receive a payment, under subsection (b) for 
     fiscal year 1995, in an amount which is not less than 85 
     percent of the amount received by such agency in fiscal year 
     1994 under such section 3(e).
       ``(4) Ratable reductions.--(A)(i) If necessary in order to 
     make payments to local educational agencies in accordance 
     with paragraphs (1) and (2), 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 subsection (b) 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 title for 
     any fiscal year are insufficient to pay the full amounts that 
     all local educational agencies in all States are eligible to 
     receive under paragraphs (1) and (2) 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 paragraphs (1) and (2) 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 
     8014(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 is 
     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 a percentage 
     of the total student enrollment of such agency which is not 
     less than 50 percent if such agency receives a payment on 
     behalf of children described in subparagraphs (F) and (G) of 
     such subsection, or not less than 40 percent if such agency 
     does not receive a payment on behalf of such children; 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.
       ``(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 effort requirements for eligibility under 
     clause (i)(II) or (ii)(II) of such subparagraph.
       ``(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 or the average 
     per-pupil expenditure of all the States;
       ``(II) the average per-pupil expenditure of generally 
     comparable local educational agencies 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 local educational agencies 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 average amount of State aid 
     per pupil received by the local educational agency.
       ``(iii) The Secretary shall next multiply the amount 
     determined under clause (ii) by the total number of students 
     in average daily attendance at the schools of the local 
     educational agency as determined by the Secretary under 
     subsection (a)(1).
       ``(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 local educational agencies, 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 
     local educational agencies; or
       ``(II) the average tax rate of all the local educational 
     agencies 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.--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 
     0.7, except that such amount may not exceed 125 percent of 
     the average per-pupil expenditure in all local educational 
     agencies in the State.
       ``(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 which is adjusted to 
     such fiscal year.
       ``(5) 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 Severe 
     Disabilities.--
       ``(1) In general.--If any local educational agency receives 
     Federal funds from sources other than this title to carry out 
     the purposes of this title 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 8014(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 8014(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 
     subsection (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) who is 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.
       ``(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) (as such 
     section was in effect on the day preceding the date of 
     enactment of the Improving America's Schools Act of 1994) or 
     such section's successor authority.
       ``(i) Maintenance of Effort.--A local educational agency 
     may receive funds under sections 8002 and 8003(b) 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.

     ``SEC. 8004. 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 8003 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 8003 shall maintain records 
     demonstrating such agency's compliance with the 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 8003 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 the 
     Secretary's 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 the Secretary's 
     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 subsection, 
     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 8003 
     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 8003. In such event, funds under such section 
     shall not be withheld pursuant to paragraph (8) and no 
     further complaints with respect to such students may be filed 
     under paragraph (1).
       ``(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. 8005. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 
                   8003.

       ``(a) In General.--A local educational agency desiring to 
     receive a payment under section 8002 or 8003 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 8004 (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 8003(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 
     other 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) 
     (as such section was in effect on the day preceding the date 
     of enactment of the Improving America's Schools Act of 1994) 
     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. 8006. 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 10 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 May 15 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 10 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 
     8014(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. 8007. CONSTRUCTION.

       ``(a) Payments Authorized.--From the amount appropriated 
     for each fiscal year under section 8014(e), the Secretary 
     shall make payments to each local educational agency--
       ``(1) that receives a basic payment under section 8003(b); 
     and
       ``(2)(A) in which the number of children determined under 
     section 8003(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) in which the number of children determined under 
     subparagraphs (B) and (D)(i) of section 8003(a)(1) 
     constituted at least 50 percent of the number of children who 
     were in average daily attendance in the schools of such 
     agency during the school year preceding the school year for 
     which the determination is made and in which the agency at 
     any 2 times during the four fiscal years preceding the date 
     of enactment of the Improving America's Schools Act of 1994 
     was denied by a vote of the agency's eligible voters a bond 
     referendum for the purposes of school construction or 
     renovation;
       ``(C) that receives assistance under section 8003(f); or
       ``(D) that receives assistance under section 8006.
       ``(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 8014(e) for 
     such year; divided by
       ``(2) the number of children determined under section 
     8003(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 
     8008 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 8013(3).

     ``SEC. 8008. FACILITIES.

       ``(a) Current Facilities.--From the amount appropriated for 
     any fiscal year under section 8014(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. 8009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING 
                   STATE AID.

       ``(a) General Prohibition.--Except as provided in 
     subsection (b), a State may not--
       ``(1) consider payments under this title or under the Act 
     of September 30, 1950 (Public Law 874, 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) in 
     determining for any fiscal year--
       ``(A) the eligibility of a local educational agency for 
     State aid for free public education; or
       ``(B) the amount of such aid; or
       ``(2) make such aid available to local educational agencies 
     in a manner that results in less State aid to any local 
     educational agency that is eligible for such payment than 
     such agency would receive if such agency were not so 
     eligible.
       ``(b) State Equalization Plans.--
       ``(1) In general.--A State may reduce State aid to a local 
     educational agency that receives a payment under section 8002 
     or 8003(b) (except the amount calculated in excess of 1.0 
     under subparagraph (B) of section 8003(a)(2)) or under the 
     Act of September 30, 1950 (Public Law 874, 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 
     (other than an increase in payments described in paragraphs 
     (2)(B), (2)(C), (2)(D), or (3)(B)(ii) of section 3(d) of such 
     Act of September 30, 1950) for any fiscal year if the 
     Secretary determines, and certifies under subsection 
     (c)(3)(A), that such State has in effect a program of State 
     aid that equalizes expenditures for free public education 
     among local educational agencies in such State.
       ``(2) Computation.--
       ``(A) In general.--For purposes of paragraph (1), a program 
     of State aid equalizes expenditures among local educational 
     agencies if, in the second fiscal year preceding the fiscal 
     year for which the determination is made, the amount of per-
     pupil expenditures made by, or per-pupil revenues available 
     to, the local educational agency in the State with the 
     highest such per-pupil expenditures or revenues did not 
     exceed the amount of such per-pupil expenditures made by, or 
     per-pupil revenues available to, the local educational agency 
     in the State with the lowest such expenditures or revenues by 
     more than--
       ``(i) 25 percent for fiscal year 1995, 1996, or 1997; and
       ``(ii) 20 percent for fiscal year 1998 or 1999.
       ``(B) Other factors.--In making a determination under this 
     subsection, the Secretary shall--
       ``(i) disregard local educational agencies with per-pupil 
     expenditures or revenues above the 95th percentile or below 
     the 5th percentile of such expenditures or revenues in the 
     State; and
       ``(ii) take into account the extent to which a program of 
     State aid reflects the additional cost of providing free 
     public education in particular types of local educational 
     agencies, such as those that are geographically isolated, or 
     to particular types of students, such as children with 
     disabilities.
       ``(3) Exception.--Notwithstanding paragraph (2), if the 
     Secretary determines that the State has substantially revised 
     its program of State aid, the Secretary may certify such 
     program for any fiscal year only if--
       ``(A) the Secretary determines, on the basis of projected 
     data, that the State's program will meet the disparity 
     standard described in paragraph (2) for the fiscal year for 
     which the determination is made; and
       ``(B) the State provides an assurance to the Secretary 
     that, if final data do not demonstrate that the State's 
     program met such standard for the fiscal year for which the 
     determination is made, the State will pay to each affected 
     local educational agency the amount by which the State 
     reduced State aid to the local educational agency.
       ``(c) Procedures for Review of State Equalization Plans.--
       ``(1) Written notice.--
       ``(A) In general.--Any State that wishes to consider 
     payments described in subsection (b)(1) in providing State 
     aid to local educational agencies shall submit to the 
     Secretary, not later than 120 days before the beginning of 
     the State's fiscal year, a written notice of such State's 
     intention to do so.
       ``(B) Contents.--Such notice shall be in the form and 
     contain the information the Secretary requires, including 
     evidence that the State has notified each local educational 
     agency in the State of such State's intention to consider 
     such payments in providing State aid.
       ``(2) Opportunity to present views.--Before making a 
     determination under subsection (b), the Secretary shall 
     afford the State, and local educational agencies in the 
     State, an opportunity to present their views.
       ``(3) Qualification procedures.--If the Secretary 
     determines that a program of State aid qualifies under 
     subsection (b), the Secretary shall--
       ``(A) certify the program and so notify the State; and
       ``(B) afford an opportunity for a hearing, in accordance 
     with section 8011(a), to any local educational agency 
     adversely affected by such certification.
       ``(4) Non-qualification procedures.--If the Secretary 
     determines that a program of State aid does not qualify under 
     subsection (b), the Secretary shall--
       ``(A) so notify the State; and
       ``(B) afford an opportunity for a hearing, in accordance 
     with section 8011(a), to the State, and to any local 
     educational agency adversely affected by such determination.
       ``(d) Treatment of State Aid.--
       ``(1) In general.--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 or under the Act of September 30, 
     1950 (Public Law 874, 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) 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, 
     except that a State may consider as local resources funds 
     received under this title or under the Act of September 30, 
     1950 (Public Law 874, 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) only in proportion 
     to the share that local tax revenues covered under a State 
     equalization program are of total local tax revenues.
       ``(2) Prohibition.--A State may not take into consideration 
     payments under this title or under the Act of September 30, 
     1950 (Public Law 874, 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) before such State's 
     program of State aid has been certified by the Secretary 
     under subsection (c)(3).
       ``(e) Remedies for State Violations.--
       ``(1) In general.--The Secretary or any aggrieved local 
     educational agency may, not earlier than 150 days after an 
     adverse determination by the Secretary against a State for 
     violation of subsections (a) or (d)(2) or for failure to 
     carry out an assurance under subsection (b)(3)(B), and if an 
     administrative proceeding has not been concluded within such 
     time, bring an action in a United States district court 
     against such State for such violations or failure.
       ``(2) Immunity.--A State shall not be immune under the 11th 
     amendment to the Constitution of the United States from an 
     action described in paragraph (1).
       ``(3) Relief.--The court shall grant such relief as the 
     court determines is appropriate.

     ``SEC. 8010. 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.
       ``(c) Special Rules.--
       ``(1) Certain children eligible under subsection (a) or (b) 
      of section 3 of public law 81-874.--Notwithstanding any 
     other provision of law, for any fiscal year before fiscal 
     year 1995, the Secretary shall treat as eligible under 
     subsection (a) or (b) of section 3 of the Act of September 
     30, 1950 (Public Law 874, 81st Congress) (as such subsection 
     was in effect on the day preceding the date of enactment of 
     the Improving America's Schools Act of 1994), and shall 
     forgive the obligation of a local educational agency to repay 
     any amounts that such agency received under such section for 
     such fiscal year based on, any child who would be eligible 
     under such subsections except that such child does not meet 
     the requirements of subsection (a)(1)(B) or (b)(2)(B), 
     respectively, of such section 3, if such child meets the 
     requirements of paragraph (3) of this subsection.
       ``(2) Certain children eligible under subparagraphs (a) and 
     (g)(ii) of section 8003(a)(1).--(A) The Secretary shall treat 
     as eligible under subparagraph (A) of section 8003(a)(1) any 
     child who would be eligible under such subparagraph except 
     that the Federal property on which the child resides or on 
     which the child's parent is employed is not in the same State 
     in which the child attends school, if such child meets the 
     requirements of paragraph (3) of this subsection.
       ``(B) The Secretary shall treat as eligible under 
     subparagraph (G) of section 8003(a)(1) any child who would be 
     eligible under such subparagraph except that such child does 
     not meet the requirements of clause (ii) of such 
     subparagraph, if such child meets the requirements of 
     paragraph (3) of this subsection.
       ``(3) Requirements.--A child meets the requirements of this 
     paragraph if--
       ``(A) such child resides--
       ``(i) in a State adjacent to the State in which the local 
     educational agency serving the school such child attends is 
     located; or
       ``(ii) with a parent employed on Federal property in a 
     State adjacent to the State in which such agency is located;
       ``(B) the schools of such agency are within a more 
     reasonable commuting distance of such child's home than the 
     schools of the local educational agency that serves the 
     school attendance area where such child resides;
       ``(C) attending the schools of the local educational agency 
     that serves the school attendance area where such child 
     resides will impose a substantial hardship on such child;
       ``(D) the State in which such child attends school provides 
     funds for the education of such child on the same basis as 
     all other public school children in the State, unless 
     otherwise permitted under section 5(d)(2) of the Act of 
     September 30, 1950 (Public Law 874, 81st Congress) (as such 
     section was in effect on the day preceding the date of 
     enactment of the Improving America's Schools Act of 1994) or 
     section 8009(b) of this title; and
       ``(E) such agency received a payment for fiscal year 1994 
     under section 8003(b) (or such section's predecessor 
     authority) on behalf of children described in paragraph (2).

     ``SEC. 8011. 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 or under the Act of September 30, 
     1950 (Public Law 874, 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) 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. 8012. 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) (as such Acts were 
     in effect on the day preceding the date of enactment of the 
     Improving America's Schools Act of 1994), 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. 8013. DEFINITIONS.

       ``For purposes of this title:
       ``(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 VI. 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 under contract 
     with the Air Force at an airport owned by a State or 
     political subdivision of a State.
       ``(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 effect 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) (as 
     such Act was in effect on the day preceding the date of 
     enactment of the Improving America's Schools Act of 1994) 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. 8014. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Payments for Federal Acquisition of Real Property.--
     For the purpose of making payments under section 8002, there 
     are authorized to be appropriated $16,750,000 for fiscal year 
     1995 and such sums as may be necessary for each of the four 
     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 8003, there are 
     authorized to be appropriated $775,000,000 for fiscal year 
     1995 and such sums as may be necessary for each of the four 
     succeeding fiscal years, of which 6 percent shall be 
     available, until expended, for each such fiscal year to carry 
     out section 8003(f).
       ``(c) Payments for Children With Disabilities.--For the 
     purpose of making payments under section 8003(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 four 
     succeeding fiscal years.
       ``(d) Payments for Increases in Military Children.--For the 
     purpose of making payments under section 8006, there are 
     authorized to be appropriated $2,000,000 for fiscal year 1995 
     and such sums as may be necessary for each of the four 
     succeeding fiscal years.
       ``(e) Construction.--For the purpose of carrying out 
     section 8007, there are authorized to be appropriated 
     $25,000,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the four succeeding fiscal years.
       ``(f) Facilities Maintenance.--For the purpose of carrying 
     out section 8008, there are authorized to be appropriated 
     $2,000,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the four succeeding fiscal years.
    ``TITLE IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

                       ``PART A--INDIAN EDUCATION

     ``SEC. 9101. 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, 9 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. 9102. PURPOSE.

       ``(a) Purpose.--It is the purpose of this part 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 part 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.

       ``Subpart 1--Formula Grants to Local Educational Agencies

     ``SEC. 9111. PURPOSE.

       ``It is the purpose of this subpart 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. 9112. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

       ``(a) In General.--
       ``(1) Enrollment requirements.--A local educational agency 
     shall be eligible for a grant under this subpart for any 
     fiscal year if the number of Indian children eligible under 
     section 9116 and who were enrolled in the schools of the 
     agency, and to whom the agency provided free public 
     education, during the preceding fiscal year--
       ``(A) was at least 10; and
       ``(B) constituted not less than 25 percent of the total 
     number of individuals enrolled in the schools of such agency.
       ``(2) Exclusion.--The requirement of paragraph (1) shall 
     not apply in Alaska, California, or Oklahoma, or with respect 
     to any local educational agency located on, or in proximity 
     to, a reservation.
       ``(b) Indian Tribes.--
       ``(1) In general.--If a local educational agency that is 
     eligible for a grant under this subpart does not establish a 
     parent committee under section 9114(c)(4) for such grant, an 
     Indian tribe that represents no less than one-half of the 
     eligible Indian children who are served by such local 
     educational agency may apply for such grant.
       ``(2) Special rule.--The Secretary shall treat each Indian 
     tribe applying for a grant pursuant to paragraph (1) as if 
     such Indian tribe were a local educational agency for 
     purposes of this subpart.

     ``SEC. 9113. 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 which has an approved application under 
     this subpart an amount equal to the product of--
       ``(A) the number of Indian children who are eligible under 
     section 9116 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.--
       ``(1) In general.--Notwithstanding subsection (e) of this 
     section, a local educational agency or an Indian tribe (as 
     authorized under section 9112(b)) that is eligible for a 
     grant under section 9112, 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 subpart in an 
     amount that is not less than $3,000.
       ``(2) Consortia.--Local educational agencies may form a 
     consortium for the purpose of obtaining grants under this 
     Act.
       ``(3) Increase.--The Secretary may increase the minimum 
     grant under paragraph (1) to not more than $4,000 for all 
     grantees if the Secretary determines such increase is 
     necessary to ensure quality programs.
       ``(c) Definition.--For the purpose of this section, the 
     term `average per-pupil expenditure of a State' means 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.--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--
       ``(1) the total number of Indian children enrolled in 
     schools that are operated by--
       ``(A) the Bureau of Indian Affairs; or
       ``(B) 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
       ``(2) the greater of--
       ``(A) the average per-pupil expenditure of the State in 
     which the school is located; or
       ``(B) 80 percent of the average per-pupil expenditure in 
     the United States.
       ``(e) Ratable Reductions.--If the sums appropriated for any 
     fiscal year under section 9162(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. 9114. APPLICATIONS.

       ``(a) Application Required.--Each local educational agency 
     that desires to receive a grant under this subpart 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)(A) is consistent with, and promotes the goals in, the 
     State and local improvement plans, either approved or being 
     developed, under title III of the Goals 2000: Educate America 
     Act or, if such plans are not approved or being developed, 
     with the State and local plans under sections 1111 and 1112 
     of this Act; and
       ``(B) includes academic content and student performance 
     goals for such children, and benchmarks for attaining such 
     goals, that are based on the challenging State standards 
     adopted under title I for all children;
       ``(3) explains how Federal, State, and local programs, 
     especially under title I, will meet the needs of such 
     students;
       ``(4) demonstrates how funds made available under this 
     subpart will be used for activities described in section 
     9115;
       ``(5) 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 programs 
     assisted under this subpart have been properly trained to 
     carry out such programs; and
       ``(6) 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 subpart, 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 
     subsection (a) shall include assurances that--
       ``(1) the local educational agency will use funds received 
     under this subpart only to supplement the level of funds 
     that, in the absence of the Federal funds made available 
     under this subpart, 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 
     subpart; and
       ``(B) determine the extent to which funds provided to the 
     local educational agency under this subpart 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) parents of Indian children in the local educational 
     agency's schools and teachers; and
       ``(ii) if appropriate, Indian students attending secondary 
     schools;
       ``(B) the membership of which is at least more than one-
     half 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 9115(c), has--
       ``(i) reviewed in a timely fashion 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. 9115. AUTHORIZED SERVICES AND ACTIVITIES.

       ``(a) General Requirements.--Each local educational agency 
     that receives a grant under this subpart shall use the grant 
     funds, in a manner consistent with the purpose specified in 
     section 9111, 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 9114(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 tech-prep, 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 9111.
       ``(c) Schoolwide Programs.--Notwithstanding any other 
     provision of law, a local educational agency may use funds 
     made available to such agency under this subpart to support a 
     schoolwide program under section 1114 if--
       ``(1) the committee composed of parents established 
     pursuant to section 9114(c)(4) approves the use of the funds 
     for the schoolwide program; and
       ``(2) the schoolwide program is consistent with the purpose 
     described in section 9111.

     ``SEC. 9116. STUDENT ELIGIBILITY FORMS.

       ``(a) In General.--The Secretary shall require that, as 
     part of an application for a grant under this subpart, 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 subpart 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 9161(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 9113, 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 9161(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 
     9113.
       ``(c) Statutory Construction.--Nothing in this section 
     shall be construed to affect a definition contained in 
     section 9161.
       ``(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 9113, 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 or band. 
     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 subpart, the Secretary shall conduct a 
     monitoring and evaluation review of a sampling of the 
     recipients of grants under this subpart. The sampling 
     conducted under this subparagraph shall take into account 
     size of the local educational agency and the geographic 
     location of such agency.
       ``(B) 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 
     subpart; and
       ``(B) be liable to the United States for any funds 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 9113.
       ``(g) Distribution.--For the purposes of the distribution 
     of funds under this subpart 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. 9117. 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 subpart the amount determined under section 9113. 
     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 subpart 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 
     subpart (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 9113 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, that the combined fiscal effort of the 
     local educational agency and the State, 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 such agency under this subpart 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 subpart, 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 subpart; or
       ``(2) otherwise become available for reallocation under 
     this subpart.

     ``SEC. 9118. STATE EDUCATIONAL AGENCY REVIEW.

       ``(a) Application.--Each entity desiring assistance under 
     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 except that this 
     subsection shall not apply to Bureau-funded schools.
       ``(b) Special Rule.--Before submitting an application under 
     subsection (a) to the Secretary, the entity shall submit its 
     application to the State educational agency. The State 
     educational agency may comment on such application, however 
     if such agency comments on such application such agency shall 
     comment on all applications submitted by entities within the 
     State and shall provide such comments to the appropriate 
     local educational agency, which local educational agency 
     shall be given an opportunity to respond to such comments.

   ``Subpart 2--Special Programs and Projects To Improve Educational 
                   Opportunities for Indian Children

     ``SEC. 9121. 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 subpart 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 of 
     English, mathematics, science, foreign languages, art, 
     history, and geography;
       ``(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; or
       ``(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. 9122. 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 but are not limited to, 
     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. 9123. 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 a fellowship recipient is pursuing a course of study, 
     in lieu of tuition charged such recipient, such amounts as 
     the Secretary may determine to be necessary to cover the cost 
     of education provided such 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.--Not more than 10 percent of the 
     fellowships awarded under subsection (a) shall be awarded, on 
     a priority basis, to persons receiving training in guidance 
     counseling with a speciality 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. 9124. 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 fully accredited; 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 but not limited to--
       ``(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 to 
     conduct one or more of the activities described in paragraph 
     (1) 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.--(A) 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).
       ``(B) The Secretary shall report to the Secretary of the 
     Interior and to the Congress any results from activities 
     described in paragraph (3)(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.

     ``SEC. 9125. 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) Restriction.--A tribe may not receive funds under 
     this section if such tribe receives funds under section 1144 
     of the Indian Education Amendments of 1978.
       ``(e) 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.

 ``Subpart 3--Special Programs Relating to Adult Education for Indians

     ``SEC. 9131. 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.

               ``Subpart 4--National Research Activities

     ``SEC. 9141. NATIONAL ACTIVITIES.

       ``(a) Authorized Activities.--The Secretary may use funds 
     made available under section 9162(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 part.
       ``(b) Eligibility.--The Secretary may carry out any of the 
     activities described in subsection (a) directly or through 
     grants to, or contracts or cooperative agreements with Indian 
     tribes, Indian organizations, State educational agencies, 
     local educational agencies, institutions of higher education, 
     including Indian institutions of higher education, and other 
     public and private agencies and institutions.
       ``(c) Coordination.--Research activities supported under 
     this section--
       ``(1) shall be carried out in consultation with the Office 
     of Educational Research and Improvement to assure that such 
     activities are coordinated with and enhance the research and 
     development activities supported by the Office; and
       ``(2) may include collaborative research activities which 
     are jointly funded and carried out by the Office of Indian 
     Education and the Office of Educational Research and 
     Improvement.

                  ``Subpart 5--Federal Administration

     ``SEC. 9151. 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 part--
       ``(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. 9152. PEER REVIEW.

       ``The Secretary may use a peer review process to review 
     applications submitted to the Secretary under subpart 2, 3, 
     or 4.

     ``SEC. 9153. PREFERENCE FOR INDIAN APPLICANTS.

       ``In making grants under subpart 2, 3, or 4, 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. 9154. MINIMUM GRANT CRITERIA.

       ``The Secretary may not approve an application for a grant 
     under subpart 2 or 3 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.

       ``Subpart 6--Definitions; Authorizations of Appropriations

     ``SEC. 9161. DEFINITIONS.

       ``As used in this part:
       ``(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 the Indian Education Act of 1988 as it was in 
     effect the day preceding the date of enactment of the Act 
     entitled the `Improving America's Schools Act of 1994'.

     ``SEC. 9162. AUTHORIZATIONS OF APPROPRIATIONS.

       ``(a) Subpart 1.--For the purpose of carrying out subpart 1 
     of this part, 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 four succeeding 
     fiscal years.
       ``(b) Subparts 2 Through 4.--For the purpose of carrying 
     out subparts 2, 3, and 4 of this part, there are authorized 
     to be appropriated to the Department of Education $26,000,000 
     for fiscal year 1995 and such sums as may be necessary for 
     each of the four succeeding fiscal years.
       ``(c) Subpart 5.--For the purpose of carrying out subpart 5 
     of this part, 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 four succeeding 
     fiscal years.

                       ``PART B--NATIVE HAWAIIANS

     ``SEC. 9201. SHORT TITLE.

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

     ``SEC. 9202. FINDINGS.

       ``The Congress finds and declares as follows:
       ``(1) Native Hawaiians are a distinct and unique indigenous 
     people with a historical continuity to the original 
     inhabitants of the Hawaiian archipelago, whose society was 
     organized as a nation and internationally recognized as such 
     by the United States, Britain, France and Japan, as evidenced 
     by treaties governing friendship, commerce, and navigation.
       ``(2) At the time of the arrival of the first non-
     indigenous people in Hawai`i in 1778, the Native Hawaiian 
     people lived in a highly organized, self-sufficient 
     subsistence social system based on a communal land tenure 
     system with a sophisticated language, culture, and religion.
       ``(3) A unified monarchial government of the Hawaiian 
     Islands was established in 1810 under Kamehameha I, the first 
     King of Hawai`i.
       ``(4) From 1826 until 1893, the United States recognized 
     the sovereignty and independence of the Kingdom of Hawai`i, 
     which was established in 1810 under Kamehameha I, extended 
     full and complete diplomatic recognition to the Kingdom of 
     Hawai`i, and entered into treaties and conventions with the 
     Kingdom of Hawai`i to govern friendship, commerce and 
     navigation in 1826, 1842, 1849, 1875, and 1887.
       ``(5) In 1893, the sovereign, independent, internationally 
     recognized, and indigenous government of Hawai`i, the Kingdom 
     of Hawai`i, was overthrown by a small group of non-Hawaiians, 
     including United States citizens, who were assisted in their 
     efforts by the United States Minister, a United States naval 
     representative, and armed naval forces of the United States. 
     Because of the participation of United States agents and 
     citizens in the overthrow of the Kingdom of Hawai`i, the 
     Congress, on behalf of the people of the United States, 
     apologized to Native Hawaiians for the overthrow and the 
     deprivation of the rights of Native Hawaiians to self-
     determination through Public Law 103-150 (107 Stat. 1510).
       ``(6) In 1898, the joint resolution entitled `A Joint 
     Resolution to provide for annexing the Hawaiian Islands to 
     the United States', approved July 7, 1898 (30 Stat. 750), 
     ceded absolute title of all lands held by the Republic of 
     Hawai`i, including the government and crown lands of the 
     former Kingdom of Hawai`i, to the United States, but mandated 
     that revenue generated from these lands be used `solely for 
     the benefit of the inhabitants of the Hawaiian Islands for 
     educational and other public purposes'.
       ``(7) By 1919, the Native Hawaiian population had declined 
     from an estimated 1,000,000 in 1778 to an alarming 22,600, 
     and in recognition of this severe decline, the Congress in 
     1921 enacted the Hawaiian Homes Commission Act, 1920, which 
     designated approximately 200,000 acres of ceded public lands 
     for homesteading by Native Hawaiians.
       ``(8) Through the enactment of the Hawaiian Homes 
     Commission Act, 1920, the Congress affirmed the special 
     relationship between the United States and the Native 
     Hawaiians, as expressed by then Secretary of the Interior 
     Franklin K. Lane, who was quoted in the committee report for 
     the Hawaiian Homes Commission Act, 1920, as saying: `One 
     thing that impressed me . . . was the fact that the natives 
     of the island who are our wards, I should say, and for whom 
     in a sense we are trustees, are falling off rapidly in 
     numbers and many of them are in poverty.'.
       ``(9) In 1938, the United States Congress again 
     acknowledged the unique status of the Hawaiian people by 
     including in the Act of June 20, 1938 (52 Stat. 781 et seq.), 
     a provision to lease lands within the National Parks 
     extension to Native Hawaiians and to permit fishing in the 
     area `only by native Hawaiian residents of said area or of 
     adjacent villages and by visitors under their guidance.'.
       ``(10) Under the Act entitled `An Act to provide for the 
     admission of the State of Hawai`i into the Union' Approved 
     March 18, 1959 (73 Stat. 4), the United States transferred 
     responsibility for the administration of the Hawaiian Home 
     Lands to the State of Hawai`i but reaffirmed the trust 
     relationship which existed between the United States and the 
     Hawaiian people by retaining the exclusive power to enforce 
     the trust, including the power to approve land exchanges and 
     legislative amendments affecting the rights of beneficiaries 
     under such Act.
       ``(11) In 1959, under the Act entitled `An Act to provide 
     for the admission of the State of Hawai`i into the Union', 
     approved March 18, 1959 (73 Stat. 4), the United States ceded 
     to the State of Hawai`i title to the public lands formerly 
     held by the United States, but mandated that such lands be 
     held by the State `in public trust' and reaffirmed the 
     special relationship which existed between the United States 
     and the Hawaiian people by retaining the legal responsibility 
     to enforce the public trust responsibility of the State of 
     Hawai`i for the betterment of the conditions of Native 
     Hawaiians, as defined in section 201(a) of the Hawaiian Homes 
     Commission Act, 1920.
       ``(12) The United States assumed special responsibilities 
     for Native Hawaiian lands and resources at the time of the 
     annexation of the Territory in 1898, upon adoption of the 
     Hawaiian Homes Commission Act, 1920, and upon admission of 
     the State of Hawai`i into the Union in 1959, and has retained 
     certain of those responsibilities.
       ``(13) In recognition of the special relationship which 
     exists between the United States and the Native Hawaiian 
     people, the Congress has extended to Native Hawaiians the 
     same rights and privileges accorded to American Indian, 
     Alaska Native, Eskimo, and Aleut communities under the Native 
     American Programs Act of 1974, the American Indian Religious 
     Freedom Act, the National Museum of the American Indian Act, 
     the Native American Graves Protection and Repatriation Act, 
     the National Historic Preservation Act, and the Native 
     American Languages Act.
       ``(14) In recognition of the special relationship which 
     exists between the United States and the Native Hawaiian 
     people, the Congress has enacted numerous special provisions 
     of law for the benefit of Native Hawaiians in the areas of 
     health, education, labor, and housing.
       ``(15) In 1981, the Senate instructed the Office of 
     Education to submit to the Congress a comprehensive report on 
     Native Hawaiian education. The report, entitled the `Native 
     Hawaiian Educational Assessment Project', was released in 
     1983 and documented that Native Hawaiians scored below parity 
     with national norms on standardized achievement tests, were 
     disproportionately represented in many negative social and 
     physical statistics, indicative of special educational needs, 
     and had educational needs which were related to their unique 
     cultural situation, such as different learning styles and low 
     self-image.
       ``(16) In recognition of the educational needs of Native 
     Hawaiians, in 1988, the Congress enacted title IV of the 
     Augustus F. Hawkins-Robert T. Stafford Elementary and 
     Secondary School Improvement Amendments of 1988 to authorize 
     and develop supplemental educational programs to benefit 
     Native Hawaiians.
       ``(17) In 1993, the Kamehameha Schools Bishop Estate 
     released a ten-year update of the Native Hawaiian Educational 
     Assessment Project, which found that despite the successes of 
     the programs established under title IV of the Augustus F. 
     Hawkins-Robert T. Stafford Elementary and Secondary School 
     Improvement Amendments of 1988, many of the same educational 
     needs still exist for Native Hawaiians. For example--
       ``(A) educational risk factors continue to start even 
     before birth for many Native Hawaiian children, including--
       ``(i) late or no prenatal care;
       ``(ii) half of Native Hawaiian women who give birth are 
     unmarried; and
       ``(iii) high rates of births to teenage parents;
       ``(B) Native Hawaiian students continue to begin their 
     school experience lagging behind other students in terms of 
     readiness factors such as vocabulary test scores;
       ``(C) Native Hawaiian students continue to score below 
     national norms on standardized education achievement tests at 
     all grade levels;
       ``(D) both public and private schools continue to show a 
     pattern of lower percentages of Native Hawaiian students in 
     the uppermost achievement levels and in gifted and talented 
     programs;
       ``(E) Native Hawaiian students continue to be 
     overrepresented among students qualifying for special 
     education programs provided to students with learning 
     disabilities, mild mental retardation, emotional impairment, 
     and other such disabilities;
       ``(F) Native Hawaiians continue to be underrepresented in 
     institutions of higher education and among adults who have 
     completed four or more years of college;
       ``(G) Native Hawaiians continue to be disproportionately 
     represented in many negative social and physical statistics, 
     indicative of special educational needs, for example--
       ``(i) Native Hawaiian students are more likely to be 
     retained in grade level and to be excessively absent in 
     secondary school;
       ``(ii) Native Hawaiian students are the highest users of 
     drugs and alcohol in the State of Hawai`i; and
       ``(iii) Native Hawaiian children continue to be 
     disproportionately victimized by child abuse and neglect; and
       ``(H) Native Hawaiians now comprise over 23 percent of the 
     students served by the State of Hawai`i Department of 
     Education and there are and will continue to be 
     geographically rural, isolated areas with a high Native 
     Hawaiian population density.
       ``(18) The findings described in paragraphs (1) through 
     (17) are contrary to the high rate of literacy and 
     integration of traditional culture and Western education 
     achieved by Native Hawaiians through a Hawaiian language-
     based public school system established in 1840 by Kamehameha 
     III.
       ``(19) After the overthrow of the Kingdom of Hawai`i in 
     1893, Hawaiian medium schools were banned. After annexation, 
     throughout the territorial and statehood period, and until 
     1986, use of Hawaiian as a medium of education in public 
     schools was declared unlawful, thereby causing incalculable 
     harm to a culture that placed a very high value on the power 
     of language, as exemplified in the traditional saying: `I ka 
     `olelo no ke ola; I ka `olelo no ka make. In the language 
     rests life; In the language rests death.'.
       ``(20) Despite the consequences of over 100 years of 
     nonindigenous influence, the Native Hawaiian people are 
     determined to preserve, develop, and transmit to future 
     generations their ancestral territory, and their cultural 
     identity in accordance with their own spiritual and 
     traditional beliefs, customs, practices, language, and social 
     institutions.
       ``(21) The State of Hawai`i, in the constitution and 
     statutes of the State of Hawai`i--
       ``(A) reaffirms and protects the unique right of the Native 
     Hawaiian people to practice and perpetuate their culture and 
     religious customs, beliefs, practices, and language; and
       ``(B) recognizes the traditional language of the Native 
     Hawaiian people as an official language of the State of 
     Hawai`i, which may be used as the language of instruction for 
     all subjects and grades in the public school system.

     ``SEC. 9203. PURPOSE.

       ``It is the purpose of this part to--
       ``(1) authorize and develop supplemental educational 
     programs to assist Native Hawaiians in reaching the National 
     Education Goals;
       ``(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;
       ``(3) supplement and expand existing programs and 
     authorities in the area of education to further the purposes 
     of the title; and
       ``(4) encourage the maximum participation of Native 
     Hawaiians in planning and management of Native Hawaiian 
     Education Programs.

     ``SEC. 9204. 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).
       ``(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. 9205. 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, which 
     may include educational support services for Native Hawaiian 
     language immersion programs or transition to English speaking 
     programs.
       ``(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 four succeeding fiscal 
     years, to carry out this section. Funds appropriated under 
     the authority of this subsection shall remain available until 
     expended.

     ``SEC. 9206. 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) Activities.--Such program may include--
       ``(A) full or partial fellowship support for Native 
     Hawaiian students enrolled at two- or four-year degree 
     granting institutions of higher education with 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;
       ``(C) counseling and support services for students 
     receiving fellowship assistance under paragraph (1);
       ``(D) 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);
       ``(E) appropriate research and evaluation of the activities 
     authorized by this section; and
       ``(F) 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) Special Rule.--No policy shall be made in 
     implementing this section to prevent a Native Hawaiian 
     student enrolled at an accredited two- or four- year degree 
     granting institution of higher education outside of the State 
     of Hawai`i from receiving a fellowship pursuant to 
     subsections (a) and (b) of this section.
       ``(d) 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.
       ``(e) 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 four 
     succeeding fiscal years, to carry out this section. Funds 
     appropriated under the authority of this subsection shall 
     remain available until expended.

     ``SEC. 9207. 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) Information Provision.--The Secretary is authorized 
     to facilitate the establishment of a national network of 
     Native Hawaiian and American Indian Gifted and Talented 
     Centers, and ensure that the information developed by these 
     centers shall be readily available to the educational 
     community at large.
       ``(d) 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.
       ``(e) 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. 9208. 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 
     disabilities 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 four succeeding fiscal 
     years, to carry out this section. Funds appropriated under 
     the authority of this subsection shall remain available until 
     expended.

     ``SEC. 9209. 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--
       ``(1) focus on the needs of at-risk youth; or
       ``(2) employ a program of instruction conducted in the 
     Native Hawaiian language, except that entities receiving 
     grants awarded pursuant to subsection (a)(2) shall coordinate 
     in the development of new curricula.
       ``(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 four 
     succeeding fiscal years, to carry out this section. Funds 
     appropriated under the authority of this subsection shall 
     remain available until expended.

     ``SEC. 9210. 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 four 
     succeeding fiscal years, to carry out this section. Funds 
     appropriated under the authority of this subsection shall 
     remain available until expended.

     ``SEC. 9211. 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 title.
       ``(b) Special Rule.--Each application submitted under this 
     title shall be accompanied by the comments of each local 
     educational agency serving students who will participate in 
     the project for which assistance is sought.

     ``SEC. 9212. DEFINITIONS.

       ``For the purposes of this part--
       ``(1) The term `Native Hawaiian' means any individual who 
     is--
       ``(A) a citizen of the United States; and
       ``(B) 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--
       ``(i) genealogical records;
       ``(ii) Kupuna (elders) or Kama`aina (long-term community 
     residents) verification; or
       ``(iii) 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 Native Hawaiians in substantive and policymaking 
     positions within the organization;
       ``(C) has a demonstrated expertise in the education of 
     Native Hawaiian youth; and
       ``(D) has demonstrated expertise in research and program 
     development.
       ``(3) The term `Native Hawaiian Organization' means a 
     private nonprofit organization that--
       ``(A) serves the interests of Native Hawaiians;
       ``(B) has Native Hawaiians in substantive and policymaking 
     positions within the organizations; and
       ``(C) is recognized by the Governor of Hawai`i for the 
     purpose of planning, conducting, or administering programs 
     (or portions of programs) for the benefit of Native 
     Hawaiians.
       ``(4) The term `Native Hawaiian language' means the single 
     Native American language indigenous to the original 
     inhabitants of the State of Hawai`i.
       ``(5) The term `Office of Hawaiian Affairs' means the 
     Office of Hawaiian Affairs established by the Constitution of 
     the State of Hawai`i.
       ``(6) 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 C--ALASKA NATIVE EDUCATION

     ``SEC. 9301. SHORT TITLE.

       ``This part may be cited as the `Alaska Native Educational 
     Equity, Support and Assistance Act'.

     ``SEC. 9302. FINDINGS.

       ``The Congress finds and declares:
       ``(1) The attainment of educational success is critical to 
     the betterment of the conditions, long term well being and 
     preservation of the culture of Alaska Natives.
       ``(2) It is the policy of the Federal Government to 
     encourage the maximum participation by Alaska Natives in the 
     planning and the management of Alaska Native education 
     programs.
       ``(3) Alaska Native children enter and exit school with 
     serious educational handicaps.
       ``(4) The educational achievement of Alaska Native children 
     is far below national norms. In addition to low Native 
     performance on standardized tests, Native student drop out 
     rates are high, and Natives are significantly 
     underrepresented among holders of baccalaureate degrees in 
     the State of Alaska. As a result Native students are being 
     denied their opportunity to become full participants in 
     society by grade school and high school educations that are 
     condemning an entire generation to an underclass status and a 
     life of limited choices.
       ``(5) The programs authorized herein, combined with 
     expanded Head Start, infant learning and early childhood 
     education programs, and parent education programs are 
     essential if educational handicaps are to be overcome.
       ``(6) The sheer magnitude of the geographic barriers to be 
     overcome in delivering educational services in rural and 
     village Alaska should be addressed through the development 
     and implementation of innovative, model programs in a variety 
     of areas.
       ``(7) Congress finds that Native children should be 
     afforded the opportunity to begin their formal education on a 
     par with their non-Native peers. The Federal Government 
     should lend support to efforts developed by and undertaken 
     within the Alaska Native community to improve educational 
     opportunity for all students.

     ``SEC. 9303. PURPOSE.

       ``It is the purpose of this part to--
       ``(1) recognize the unique educational needs of Alaska 
     Natives;
       ``(2) authorize the development of supplemental educational 
     programs to benefit Alaska Natives;
       ``(3) supplement existing programs and authorities in the 
     area of education to further the purposes of this part; and
       ``(4) provide direction and guidance to appropriate 
     Federal, State and local agencies to focus resources, 
     including resources made available under this part, on 
     meeting the educational needs of Alaska Natives.

     ``SEC. 9304. ALASKA NATIVE EDUCATIONAL PLANNING, CURRICULUM 
                   DEVELOPMENT, TEACHER TRAINING AND RECRUITMENT 
                   PROGRAM.

       ``(a) General Authority.--The Secretary shall make direct 
     grants to Alaska Native organizations or educational entities 
     with experience in developing or operating Alaska Native 
     programs or programs of instruction conducted in Alaska 
     Native languages, or to partnerships involving Alaska Native 
     organizations, for the following purposes:
       ``(1) Educational planning.--The consolidation of existing 
     educational plans, recommendations and research into 
     implementation methods and strategies to improve schooling 
     for Alaska Natives.
       ``(2) Implementation of educational plans.--The adoption 
     and implementation of specific educational plans developed 
     under subsection (1) above.
       ``(3) Curricula.--The development of curricula to address 
     the needs of Alaska Native students, particularly elementary 
     and secondary school students, which may include innovative 
     programs and pilot and demonstration programs to develop and 
     introduce curriculum materials that reflect cultural 
     diversities or the contributions of Alaska Native people, 
     programs of instruction conducted in Native languages, and 
     the development of networks to introduce successful 
     techniques, programs and curriculum materials to rural and 
     urban schools, including:
       ``(A) multimedia social studies curricula which fully and 
     accurately portray the role of Native Americans historically 
     and contemporarily; and
       ``(B) curricula and teaching materials for instructions in 
     Native languages.
       ``(4) Preteacher training.--The development and 
     implementation of preteacher training program in order to 
     ensure that student teachers within the State of Alaska, 
     particularly student teachers who are likely to be employed 
     in schools with a high concentration of Alaska Native 
     students, are prepared to better address the cultural 
     diversity and unique needs of Alaska Native students;
       ``(5) Teacher recruitment.--The development and 
     implementation of teacher recruitment programs to meet the 
     objectives of--
       ``(A) increasing the numbers of teachers who are Alaska 
     Natives;
       ``(B) enhancing teacher recruitment within communities with 
     a high concentration of Alaska Native students; and
       ``(C) improving the teacher selection processes in order to 
     recruit teachers who are more positively responsive to rural 
     conditions and who are suited for effective cross-cultural 
     instruction.
       ``(6) Inservice teacher training.--The development and 
     implementation of inservice teacher training programs in 
     order to ensure that teachers are prepared to better address 
     the unique needs of Alaska Native students.
       ``(b) Administrative Costs.--Not more than 10 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.--There are 
     authorized to be appropriated $5,000,000 for fiscal year 
     1995, and such sums as may be necessary for each of the four 
     succeeding fiscal years, to carry out this section. Funds 
     appropriated under the authority of this subsection shall 
     remain available until expended.

     ``SEC. 9305. ALASKA NATIVE HOME BASED EDUCATION FOR PRESCHOOL 
                   CHILDREN.

       ``(a) General Authority.--The Secretary shall make direct 
     grants to Alaska Native organizations or educational entities 
     with experience in developing or operating Alaska Native 
     programs, or to partnerships involving Alaska Native 
     organizations, to implement home instruction programs for 
     Alaska Native preschool youngsters. The objective of such 
     programs shall be to develop parents as educators for their 
     children and to assure the active involvement of parents in 
     the education of their children from the earliest ages.
       ``(b) Program Elements.--Home based education programs for 
     Alaska Native children shall include--
       ``(1) parent-infant programs for prenatal through three-
     year olds;
       ``(2) preschool programs for four- and five-year olds;
       ``(3) training, education and support programs to teach 
     parents skills in observation, reading readiness, story 
     telling and critical thinking;
       ``(4) continued research and development; and
       ``(5) a long term followup and assessment program.
       ``(c) Eligibility of HIPPY Programs.--Programs based on the 
     HIPPY (Home Instruction Program for Preschool Youngsters) 
     model shall be eligible for funding under this section.
       ``(d) Administrative Costs.--Not more than 10 percent of 
     the funds appropriated to carry out the provisions of this 
     section for any fiscal year may be used for administrative 
     purposes.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated $2,000,000 for fiscal year 1995, and such 
     sums as may be necessary for each of the four succeeding 
     fiscal years, to carry out this section. Funds appropriated 
     under the authority of this subsection shall remain available 
     until expended.

     ``SEC. 9306. ALASKA NATIVE STUDENT ENRICHMENT PROGRAMS.

       ``(a) General Authority.--The Secretary shall make a grant 
     or grants to Alaska Native educational organizations or 
     educational entities with experience in developing or 
     operating Alaska Native programs, or to partnerships 
     including Alaska Native organizations, for enrichment 
     programs for Alaska Native students in the areas of science 
     and mathematics education. The programs shall be designed 
     to--
       ``(1) prepare qualified students from rural areas who are 
     preparing to enter village high schools to excel in science 
     and mathematics; 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 students eligible to 
     participate in the program;
       ``(2) the conduct of educational, psychosocial, and 
     developmental activities which hold reasonable promise of 
     resulting in substantial enrichment of the educational 
     performance of the participating students;
       ``(3) leadership programs designed to provide for the 
     replication of the program in other subject matter areas and 
     the dissemination of information derived from the program; 
     and
       ``(4) appropriate research, evaluation and related 
     activities pertaining to the benefits of such enrichment 
     programs.
       ``(c) Administrative Costs.--Not more than 10 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 four 
     succeeding fiscal years, to carry out this section. Funds 
     appropriated under the authority of this subsection shall 
     remain available until expended.

     ``SEC. 9307. 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) Applications by Local School Districts or State 
     Educational Entities.--Local school districts or State 
     educational entities shall apply for funding under this Part 
     in partnership with Alaska Native organizations.
       ``(c) Consultation Required.--Each applicant for funding 
     shall provide for ongoing advice from and consultation with 
     representatives of the Alaska Native community.
       ``(d) Local Educational Agency Coordination.--Each local 
     educational agency serving students who will participate in 
     the program for which assistance is sought shall be informed 
     regarding each application submitted under this part, except 
     that approval by or concurrence from such local educational 
     agency shall not be required.
       ``(e) Implementation of Authorities.--The Secretary shall 
     expeditiously obligate funds appropriated as provided in this 
     part.

     ``SEC. 9308. DEFINITIONS.

       ``For purposes of this part--
       ``(1) the term `Alaska Native' has the same meaning as the 
     term `Native' has in section 3(b) of the Alaska Native Claims 
     Settlement Act.
       ``(2) the term `Alaska Native organization' means a 
     federally recognized tribe, consortium of tribes, regional 
     nonprofit Native association, and other Alaska Native 
     organizations that:
       ``(A) has or commits to acquire expertise in the education 
     of Alaska Natives; and
       ``(B) has Alaska Natives in substantive and policy-making 
     positions within the organization.
              ``TITLE X--PROGRAMS OF NATIONAL SIGNIFICANCE

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

     ``SEC. 10101. 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 under this section may be used 
     for--
       ``(A) activities that will promote systemic education 
     reform at the State and local levels, such as--
       ``(i) research and development related to challenging State 
     content and challenging State student performance standards 
     and opportunity-to-learn standards or strategies for student 
     learning;
       ``(ii) the development and evaluation of model strategies 
     for--

       ``(I) assessment of student learning;
       ``(II) professional development for teachers and 
     administrators;
       ``(III) parent and community involvement; and
       ``(IV) other aspects of systemic reform;

       ``(iii) 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 
     pupil services personnel and academic enrichment programs 
     that supplement regular courses for students;
       ``(iv) developing and evaluating programs that directly 
     involve parents and family members in the academic progress 
     of their children;
       ``(v) 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; and
       ``(vi) developing and evaluating strategies for supporting 
     professional development for teachers across all disciplines 
     and for pupil services personnel, guidance counselors, and 
     administrators, including inservice training that improves 
     the skills of pupil services personnel, counselors and 
     administrators for working with students from diverse 
     populations;
       ``(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 agencies 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 consumer, economic, and 
     personal finance education, such as saving, investing, and 
     entrepreneurial education;
       ``(I) activities to promote programs to assist students to 
     demonstrate competence in foreign languages;
       ``(J) studies and evaluation of various education reform 
     strategies and innovations being pursued by the Federal 
     Government, States, and local educational agencies;
       ``(K) activities to promote metric education;
       ``(L) the identification and recognition of exemplary 
     schools and programs, such as Blue Ribbon Schools;
       ``(M) 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;
       ``(N) programs designed to reduce excessive student 
     mobility, retain students who move within a school district 
     at the same school, educate parents about the effect of 
     mobility on a child's education and encourage parents to 
     participate in school activities;
       ``(O) experiential-based learning, such as service-
     learning;
       ``(P) the development and expansion of public-private 
     partnership programs which extend the learning experience, 
     via computers, beyond the classroom environment into student 
     homes through such programs as the Buddy System Computer 
     Project;
       ``(Q) other programs and projects that meet the purposes of 
     this section;
       ``(R) activities to promote child abuse education and 
     prevention programs;
       ``(S) activities to raise standards and expectations for 
     academic achievement among all students, especially 
     disadvantaged students traditionally underserved in schools;
       ``(T) activities to provide the academic support, 
     enrichment and motivation to enable all students to reach 
     such standards;
       ``(U) demonstrations relating to the planning and 
     evaluations of the effectiveness of projects under which 
     local educational agencies or schools contract with private 
     management organizations to reform a school or schools;
       ``(V) demonstrations that are designed to test whether 
     prenatal and counseling provided to pregnant students may 
     have a positive effect on pregnancy outcomes, with such 
     education and counseling emphasizing the importance of 
     prenatal care, the value of sound diet and nutrition habits, 
     and the harmful effects of smoking, alcohol, and substance 
     abuse on fetal development;
       ``(W) programs under section 10102;
       ``(X) programs under section 10103;
       ``(Y) programs under section 10104; and
       ``(Z) programs under section 10105;
       ``(2) Additional uses.--The Secretary may also use funds 
     under this section to complete the project periods for direct 
     grants or contracts awarded under the provisions of this Act, 
     the Fund for the Improvement and Reform of Schools and 
     Teaching Act, or title III of the Education for Economic 
     Security Act, as such Acts were in effect on the day 
     preceding the date of the enactment of the Improving 
     America's Schools Act of 1994.
       ``(3) Special rule.--The Secretary shall not make available 
     more than $1,000,000 to carry out paragraph (1)(R), nor more 
     than $1,000,000 to carry out paragraph (1)(V) during the 
     period beginning on October 1, 1994, through September 30, 
     1999.
       ``(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 the effectiveness of such 
     programs, projects, and activities is readily ascertainable.
       ``(3) Peer review.--The Secretary shall use a peer review 
     process in reviewing applications for assistance 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 $50,000,000 
     for fiscal year 1995 and such sums as may be necessary for 
     each of the four succeeding fiscal years.

     ``SEC. 10102. ELEMENTARY SCHOOL COUNSELING DEMONSTRATION.

       ``(a) Counseling Demonstration.--
       ``(1) In General.--The Secretary may award grants under 
     this section to establish or expand elementary school 
     counseling programs.
       ``(2) Priority.--In awarding grants under this section, the 
     Secretary shall give special consideration to applications 
     describing programs that--
       ``(A) demonstrate the greatest need for new or additional 
     counseling services among the children in the elementary 
     schools served by the applicant;
       ``(B) propose the most promising and innovative approaches 
     for initiating or expanding elementary school counseling; and
       ``(C) show the greatest potential for replication and 
     dissemination.
       ``(3) Equitable distribution.--In awarding grants under 
     this section, the Secretary shall ensure an equitable 
     geographic distribution among the regions of the United 
     States and among urban, suburban, and rural areas.
       ``(4) Duration.--A grant under this section shall be 
     awarded for a period not to exceed three years.
       ``(5) Maximum grant.--A grant under this section shall not 
     exceed $400,000 for any fiscal year.
       ``(b) Applications.--
       ``(1) In general.--Each local educational agency 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) Contents.--Each application for a grant under this 
     section shall--
       ``(A) 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;
       ``(B) 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 subparagraph (A);
       ``(C) describe the methods to be used to evaluate the 
     outcomes and effectiveness of the program;
       ``(D) 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;
       ``(E) 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;
       ``(F) document that the applicant has the personnel 
     qualified to develop, implement, and administer the program;
       ``(G) describe how any diverse cultural populations, if 
     applicable, would be served through the program;
       ``(H) 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
       ``(I) 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.
       ``(c) Use of Funds.--
       ``(1) In general.--Grant funds under this section shall be 
     used to initiate or expand elementary school counseling 
     programs that comply with the requirements in paragraph (2).
       ``(2) Program requirements.--Each program assisted under 
     this section shall--
       ``(A) be comprehensive in addressing the personal, social, 
     emotional, and educational needs of all students;
       ``(B) use a developmental, preventive approach to 
     counseling;
       ``(C) increase the range, availability, quantity, and 
     quality of counseling services in the elementary schools of 
     the local educational agency;
       ``(D) expand counseling services only through qualified 
     school counselors, school psychologists, and school social 
     workers;
       ``(E) 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;
       ``(F) 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;
       ``(G) include inservice training for school counselors, 
     school social workers, school psychologists, other pupil 
     services personnel, teachers, and instructional staff;
       ``(H) involve parents of participating students in the 
     design, implementation, and evaluation of a counseling 
     program;
       ``(I) 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
       ``(J) evaluate annually the effectiveness and outcomes of 
     the counseling services and activities assisted under this 
     section.
       ``(3) Report.--The Secretary shall issue a report 
     evaluating the programs assisted pursuant to each grant under 
     this subsection at the end of each grant period in accordance 
     with section 14701, but in no case later than January 30, 
     1998.
       ``(4) Dissemination.--The Secretary shall make the programs 
     assisted under this section available for dissemination, 
     either through the National Diffusion Network or other 
     appropriate means.
       ``(5) Limit on administration.--Not more than five percent 
     of the amounts made available under this section in any 
     fiscal year shall be used for administrative costs to carry 
     out this section.
       ``(d) Definitions.--For purposes of this section--
       ``(1) 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;
       ``(2) 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;
       ``(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;
       ``(3) 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
       ``(4) 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.

     ``SEC. 10103. PARTNERSHIPS IN CHARACTER EDUCATION PILOT 
                   PROJECT.

       ``(a) Program Authorized.--
       ``(1) In general.--The Secretary is authorized to make up 
     to a total of ten grants annually to partnerships of State 
     educational agencies and local educational agencies for the 
     design and implementation of character education programs 
     that incorporate the elements of character listed in 
     subsection (d), as well as other character elements 
     identified by applicants.
       ``(2) Maximum amount of grant.--No State educational agency 
     shall receive more than a total of $1,000,000 in grants under 
     this part.
       ``(3) Duration.--Each grant under this section shall be 
     awarded for a period not to exceed five years, of which the 
     State educational agency shall not use more than one year for 
     planning and program design.
       ``(b) State Educational Agency Applications.--
       ``(1) Requirement.--Each State educational agency desiring 
     a grant under this section shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may require.
       ``(2) Partnerships.--Each State educational agency desiring 
     a grant under this section shall form a partnership with at 
     least one local educational agency to be eligible for 
     funding. The partnership shall pursue State and local 
     initiatives to meet the objectives of this section.
       ``(3) Application.--Each application under this section 
     shall include--
       ``(A) a list of the local educational agencies entering 
     into the partnership with the State educational agency;
       ``(B) a description of the goals of the partnership;
       ``(C) a description of activities that will be pursued by 
     the participating local educational agencies, including--
       ``(i) how parents, students, and other members of the 
     community, including members of private and nonprofit 
     organizations, will be involved in the design and 
     implementation of the program;
       ``(ii) curriculum and instructional practices;
       ``(iii) methods of teacher training and parent education 
     that will be used or developed; and
       ``(iv) examples of activities that will be carried out 
     under this part;
       ``(D) a description of how the State educational agency 
     will provide technical and professional assistance to its 
     local educational agency partners in the development and 
     implementation of character education programs;
       ``(E) a description of how the State educational agency 
     will evaluate the success of local programs and how local 
     educational agencies will evaluate the progress of their own 
     programs;
       ``(F) a description of how the State educational agency 
     will assist other interested local educational agencies that 
     are not members of the original partnership in designing and 
     establishing programs;
       ``(G) a description of how the State educational agency 
     will establish a clearinghouse for information on model 
     programs, materials, and other information the State and 
     local educational agencies determine to be appropriate;
       ``(H) an assurance that the State educational agency will 
     annually provide to the Secretary such information as may be 
     required to determine the effectiveness of the program; and
       ``(I) any other information that the Secretary may require.
       ``(4) Non-partner local educational agencies.--Any local 
     educational agency that was not a partner with the State when 
     the application was submitted may become a partner by 
     submitting an application for partnership to the State 
     educational agency, containing such information that the 
     State educational agency may require.
       ``(c) Evaluation and Program Development.--
       ``(1) Requirement.--Each State educational agency receiving 
     a grant under this section shall submit to the Secretary a 
     comprehensive evaluation of the program assisted under this 
     part, including the impact on students, teachers, 
     administrators, parents, and others--
       ``(A) by the mid-term of the program; and
       ``(B) not later than one year after completion of such 
     program.
       ``(2) Contracts for evaluation.--Each State educational 
     agency receiving a grant under this section may contract with 
     outside sources, including institutions of higher education, 
     and private and nonprofit organizations, for purposes of 
     evaluating their program and measuring the success of the 
     program toward fostering in students the elements of 
     character listed in subsection (b).
       ``(3) Factors.--Factors which may be considered in 
     evaluating the success of the program may include--
       ``(A) discipline problems;
       ``(B) students' grades;
       ``(C) participation in extracurricular activities;
       ``(D) parental and community involvement;
       ``(E) faculty and administration involvement; and
       ``(F) student and staff morale.
       ``(4) Materials and program development.--Local educational 
     agencies, after consulting with the State educational agency, 
     may contract with outside sources, including institutions of 
     higher education, and private and nonprofit organizations, 
     for assistance in developing curriculum, materials, teacher 
     training, and other activities related to character 
     education.
       ``(d) Elements of Character.--
       ``(1) In general.--Applicants desiring funding under this 
     part shall develop character education programs that 
     incorporate the following elements of character:
       ``(A) Caring.
       ``(B) Civic virtue and citizenship.
       ``(C) Justice and fairness.
       ``(D) Respect.
       ``(E) Responsibility.
       ``(F) Trustworthiness.
       ``(G) Any other elements deemed appropriate by the members 
     of the partnership.
       ``(2) Additional elements of character.--A local 
     educational agency participating under this section may, 
     after consultation with schools and communities of such 
     agency, define additional elements of character that the 
     agency determines to be important to the schools and 
     communities of such agency.
       ``(e) Use of Funds.--Of the total funds received by a State 
     educational agency in any fiscal year under this section--
       ``(1) not more than 30 percent of such funds may be 
     retained by the State educational agency, of which--
       ``(A) not more than 10 percent of such funds may be used 
     for administrative purposes; and
       ``(B) the remainder of such funds may be used for--
       ``(i) collaborative initiatives with local educational 
     agencies;
       ``(ii) the establishment of the clearinghouse, preparation 
     of materials, teacher training; and
       ``(iii) other appropriate activities; and
       ``(2) the remaining of such funds shall be used to award 
     subgrants to local educational agencies, of which--
       ``(A) not more than 10 percent of such funds may be 
     retained for administrative purposes; and
       ``(B) the remainder of such funds may be used to--
       ``(i) award subgrants to schools within the local 
     educational agency; and
       ``(ii) pursue collaborative efforts with the State 
     educational agency.
       ``(f) Selection of Grantees.--
       ``(1) Criteria.--The Secretary shall select, through peer 
     review, partnerships to receive grants under this section on 
     the basis of the quality of the applications submitted under 
     subsection (b), taking into consideration such factors as--
       ``(A) the quality of the activities proposed by local 
     educational agencies;
       ``(B) the extent to which the program fosters in students 
     the elements of character;
       ``(C) the extent of parental, student, and community 
     involvement;
       ``(D) the number of local educational agencies involved in 
     the effort;
       ``(E) the quality of the plan for measuring and assessing 
     success; and
       ``(F) the likelihood that the goals of the program will be 
     realistically achieved.
       ``(2) Diversity of projects.--The Secretary shall approve 
     applications under this section in a manner that ensures, to 
     the extent practicable, that programs assisted under this 
     section--
       ``(A) serve different areas of the Nation, including urban, 
     suburban, and rural areas; and
       ``(B) serve schools that serve minorities, Native 
     Americans, students of limited-English proficiency, and 
     disadvantaged students.

     ``SEC. 10104. PROMOTING SCHOLAR-ATHLETE COMPETITIONS.

       ``(a) In General.--The Secretary is authorized to award a 
     grant to a nonprofit organization to reimburse such 
     organizations for the costs of conducting scholar-athlete 
     games to be held in 1995.
       ``(b) Priority.--In awarding the grant under subsection 
     (a), the Secretary shall give priority to a nonprofit 
     organization that--
       ``(1) is described in section 501(c)(3) of, and exempt from 
     taxation under section 501(a) of, the Internal Revenue Code 
     of 1986, and is affiliated with a university capable of 
     hosting a large educational, cultural, and athletic event 
     that will serve as a national model;
       ``(2) has the capability and experience in administering 
     federally funded scholar-athlete games;
       ``(3) has the ability to provide matching funds, on a 
     dollar-for-dollar basis, from foundations and the private 
     sector for the purpose of conducting a scholar-athlete 
     program;
       ``(4) has the organizational structure and capability to 
     administer a model scholar-athlete program in the summer of 
     1995;
       ``(5) has the organizational structure and expertise to 
     replicate the scholar-athlete program in various venues 
     throughout the United States in 1996 and thereafter, as well 
     as replicate such program internationally; and
       ``(6) has plans for conducting scholar-athlete games after 
     1995 without Federal assistance.

     ``SEC. 10105. SMALLER LEARNING COMMUNITIES.

       ``(a) In General.--Each local educational agency 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 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.
       ``(b) Authorized Activities.--Funds under this section 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. 10106. NATIONAL STUDENT AND PARENT MOCK ELECTION.

       ``(a) In General.--The Secretary is authorized to award 
     grants 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.

     ``SEC. 10107. 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.

                 ``PART B--GIFTED AND TALENTED CHILDREN

     ``SEC. 10201. SHORT TITLE.

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

     ``SEC. 10202. 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 its 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 such students' 
     elementary and secondary school years, much of such students' 
     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 and 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. 10203. 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. 10204. AUTHORIZED PROGRAMS.

       ``(a) Establishment of Program.--
       ``(1) In general.--From the sums appropriated under section 
     10207 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 Native Hawaiian 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) Application.--Each entity desiring assistance 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. Each such application 
     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) 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, may 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 
     institution of higher education or State educational agency, 
     or a combination or consortium of such institutions and 
     agencies, for the purpose of carrying out activities 
     described in paragraph (7) 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 30 percent 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 subsections (b)(7) 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 such Office; and
       ``(2) may include collaborative research activities which 
     are jointly funded and carried out with such Office.

     ``SEC. 10205. 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 service to gifted and talented 
     students, such as mentoring and apprenticeship programs.
       ``(b) Service Priority.--In approving applications for 
     assistance under section 10204(a)(2), 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. 10206. 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 
     serving such children.
       ``(b) 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 14701, 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.
       ``(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 the education 
     of gifted and talented students and who shall--
       ``(1) administer the programs authorized by this part;
       ``(2) coordinate all programs for gifted and talented 
     students administered by the Department;
       ``(3) serve as a focal point of national leadership and 
     information on the educational needs of gifted and talented 
     students and the availability of educational services and 
     programs designed to meet such needs; and
       ``(4) assist the Assistant Secretary of the Office of 
     Educational Research and Improvement in identifying research 
     priorities which reflect the needs of gifted and talented 
     students.

     ``SEC. 10207. 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 four succeeding fiscal years to carry out the 
     provisions of this part.

                    ``PART C--PUBLIC CHARTER SCHOOLS

     ``SEC. 10301. 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) charter schools are a mechanism for testing 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 educationally disadvantaged 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;
       ``(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; and
       ``(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.
       ``(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, student achievement, staff, and parents.

     ``SEC. 10302. PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary may award grants to State 
     educational agencies having applications approved pursuant to 
     section 10303 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 10303, 
     the Secretary may award a grant to an eligible applicant that 
     serves such State and has an application approved pursuant to 
     section 10303(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 to eligible applicants or subgrants awarded 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 shall not award more than 
     one grant and State educational agencies shall not award more 
     than one subgrant under this part to support a particular 
     charter school.

     ``SEC. 10303. APPLICATIONS.

       ``(a) Applications From State Agencies.--Each State 
     educational agency desiring a grant from the Secretary 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 of a State Educational Agency Application.--
     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 will 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;
       ``(2) contain assurances that the State educational agency 
     will require each eligible applicant desiring to receive a 
     subgrant 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 
     challenging 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 methods 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 statutory or regulatory provisions that the applicant 
     believes are necessary for the successful operation of the 
     charter school, and a description of any State or local 
     rules, generally applicable to public schools, that will be 
     waived for, or otherwise not apply to, the school;
       ``(H) a description of how the subgrant funds or grant 
     funds, as appropriate, will be used, including a description 
     of how such 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) Contents of Eligible Applicant Application.--Each 
     eligible applicant desiring a grant pursuant to section 
     10302(e)(1) or 10302(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 Application.--Each application submitted 
     pursuant to subsection (c) shall contain--
       ``(1) the information and assurances described in 
     subparagraphs (A) through (L) of subsection (b)(3), except 
     that for purposes of this subsection subparagraphs (I), (J), 
     and (K) of such subsection shall be applied by striking ``and 
     the State educational agency'' each place such term appears; 
     and
       ``(2) contain assurances that the State educational 
     agency--
       ``(A) will grant, or will obtain, waivers of State 
     statutory or regulatory requirements; and
       ``(B) will assist each subgrantee in the State in receiving 
     a waiver under section 10304(e);

     ``SEC. 10304. ADMINISTRATION.

       ``(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 10303(b), after taking 
     into consideration such factors as--
       ``(1) the contribution that the charter schools grant 
     program will make to assisting educationally disadvantaged 
     and other students 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 strategy 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 10303(c), 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 strategy for assessing achievement 
     of those objectives; and
       ``(6) the likelihood that the charter school will meet 
     those objectives and improve educational results for 
     students.
       ``(c) 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 
     assistance under this part.
       ``(d) Diversity of Projects.--The Secretary and each State 
     educational agency receiving a grant under this part, shall 
     award subgrants under this part in a manner that, to the 
     extent possible, ensures that such grants and subgrants--
       ``(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.
       ``(e) 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 
     10306(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.
       ``(f) Use of Funds.--
       ``(1) State educational agencies.--Each State educational 
     agency receiving a grant under this part shall use such grant 
     funds to award subgrants 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 funds from the Secretary or a State educational 
     agency shall use such funds to plan and implement a charter 
     school in accordance with this part.
       ``(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; and
       ``(iv) other initial operational costs that cannot be met 
     from State or local sources.
       ``(4) 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.
       ``(5) 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 subgrant 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. 10305. NATIONAL ACTIVITIES.

       ``The Secretary may reserve not more than ten percent of 
     the funds available to carry out this part for any fiscal 
     year for--
       ``(1) peer review of applications under section 10304(c);
       ``(2) an evaluation of the impact of charter schools on 
     student achievement, 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; and
       ``(B) collection and dissemination of information on 
     successful charter schools.

     ``SEC. 10306. 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, and is 
     operated under public supervision and direction;
       ``(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 of 1975, 
     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 elementary and secondary 
     schools in the State, unless such requirements are 
     specifically waived for the purpose of this program;
       ``(J) meets all applicable Federal, State, and local health 
     and safety requirements; and
       ``(K) operates in accordance with State law.
       ``(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 and approved by the Secretary to authorize or approve a 
     charter school.

     ``SEC. 10307. 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 four 
     succeeding fiscal years.

                      ``PART D--ARTS IN EDUCATION

                      ``Subpart 1--Arts Education

     ``SEC. 10401. 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) participation in performing arts activities has 
     proven to be an effective strategy for promoting the 
     inclusion of persons with disabilities in mainstream 
     settings;
       ``(7) opportunities in the arts have enabled persons of all 
     ages with disabilities to participate more fully in school 
     and community activities;
       ``(8) the arts can motivate at-risk students to stay in 
     school and become active participants in the educational 
     process; and
       ``(9) arts education should be an integral part of the 
     elementary and secondary school curriculum.
       ``(b) Purposes.--The purposes of this subpart 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 subpart, 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 subpart 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 by Very 
     Special Arts which assure the participation in mainstream 
     settings in arts and education programs of individuals 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 
     subpart.
       ``(e) Coordination.--
       ``(1) In general.--A recipient of funds under this subpart 
     shall, to the extent possible, coordinate projects assisted 
     under this subpart 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 subpart, 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 
     subpart, there are authorized to be appropriated $11,000,000 
     for fiscal year 1995 and such sums as may be necessary for 
     each of the four 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).

   ``Subpart 2--Cultural Partnerships for At-Risk Children and Youth

     ``SEC. 10411. FINDINGS AND PURPOSE.

       ``(a) Findings.--The Congress finds:
       ``(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) The arts promote progress in academic subjects as 
     shown by research conducted by the National Endowment for the 
     Arts.
       ``(3) 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.
       ``(4) Learning in the arts and humanities promotes progress 
     in other academic subjects, and generates positive self-
     esteem and a greater sense of accomplishment in young people.
       ``(5) School-university and school-cultural institution 
     partnerships that upgrade teacher training in the arts and 
     humanities have significantly contributed to improved 
     instruction and achievement levels of school-aged children.
       ``(6) 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.
       ``(7) The Goals 2000: Educate America Act, other 
     legislation and local, State and national resources support 
     the integration of the arts and humanities into the regular 
     curriculum and school day for all children.
       ``(8) While all children benefit from instruction in the 
     arts and the humanities, at-risk children and youth have a 
     special, additional need for arts and cultural programs both 
     in school and after school.
       ``(b) Purpose.--The purpose of this subpart is to make 
     demonstration grants to eligible entities to improve the 
     educational performance and future potential of at-risk 
     children and youth by providing comprehensive and coordinated 
     educational and cultural services.

     ``SEC. 10412. PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary is authorized to award 
     grants to eligible entities to pay the Federal share of the 
     costs of the activities described in section 10413.
       ``(b) Special Requirements.--
       ``(1) In general.--The Secretary shall award grants under 
     this subpart only to programs designed to--
       ``(A) promote and enhance educational and cultural 
     activities;
       ``(B) provide multi-year services to at-risk children and 
     youth and to integrate community cultural resources into in-
     school and after-school educational programs;
       ``(C) provide integration of community cultural resources 
     into the regular curriculum and school day;
       ``(D) focus school and cultural resources in the community 
     on coordinated cultural services to address the needs of at-
     risk children and youth;
       ``(E) 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;
       ``(F) 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;
       ``(G) increase parental and community involvement in the 
     educational, social, and cultural development of at-risk 
     children and youth; or
       ``(H)(i) develop programs and strategies that provide high-
     quality coordinated educational and cultural services; and
       ``(ii) provide a model to replicate such services in other 
     schools and communities.
       ``(2) Partnership.--An interagency partnership comprised of 
     the Secretary of Education, the Chairman of the National 
     Endowment for the Humanities, the Chairman of the National 
     Endowment for the Arts, and the Director of the Institute of 
     Museum Services, or their designees, shall establish criteria 
     and procedures for awarding grants, including the 
     establishment of panels to review the applications, and shall 
     administer the grants program authorized by this section. The 
     Secretary shall publish such criteria and procedures in the 
     Federal Register.
       ``(3) Coordination.--Grants may only be awarded under this 
     subpart to eligible entities that agree to coordinate 
     activities carried out under other Federal, State, and local 
     grants, received by the members of the partnership for 
     purposes and target populations described in this subpart, 
     into an integrated service delivery system located at a 
     school, cultural, or other community-based site accessible to 
     and utilized by at-risk youth.
       ``(4) Eligible entities.--For purposes of this subpart, the 
     term `eligible entity' means a partnership between--
       ``(A) a local educational agency or an individual school 
     that is eligible to participate in a schoolwide program under 
     section 1114; and
       ``(B) at least one 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) nonprofit institutions of higher education, museums, 
     libraries, performing, presenting and exhibiting arts 
     organizations, literary arts organizations, State and local 
     arts organizations, cultural institutions, and zoological and 
     botanical organizations; or
       ``(ii) private for-profit entities with a history of 
     training children and youth in the arts.
       ``(5) Geographic distribution.--In awarding grants under 
     this subpart the Secretary, to the extent feasible, shall 
     ensure an equitable geographic distribution of such grants.
       ``(6) Duration.--Grants made under this subpart may be 
     renewable for a maximum of five years if the Secretary 
     determines that the eligible recipient has made satisfactory 
     progress toward the achievement of the program objectives 
     described in the application.
       ``(7) Models.--The Secretary, in consultation with the 
     Chairman of the National Endowment for the Humanities, the 
     Chairman of the National Endowment for the Arts and the 
     Director of the Institute of Museum Services, or their 
     designees, shall submit successful models under this title to 
     the National Diffusion Network for review.
       ``(c) Target Population.--To be eligible for a grant under 
     this subpart, 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. 10413. AUTHORIZED ACTIVITIES.

       ``(a) In General.--Grants awarded under this subpart 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 work with existing school personnel to develop 
     curriculum materials and programs in the arts;
       ``(7) to work with existing school personnel on staff 
     development activities that encourage the integration of the 
     arts into the curriculum;
       ``(8) for stipends that allow local artists 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 Secretary 
     determines appropriate; and
       ``(13) for evaluation, administration, and supervision.
       ``(b) Planning Grants.--
       ``(1) Application.--An eligible entity may submit an 
     application to the Secretary for a planning grant for an 
     amount not to exceed $50,000. Such grants shall be for 
     periods of not more than one year.
       ``(2) Limit on planning grants.--Not more than 10 percent 
     of the amounts appropriated in each fiscal year under this 
     subpart shall be used for grants under this subsection, and 
     an eligible entity may receive not more than one such 
     planning grant.
       ``(c) General Provisions.--
       ``(1) In general.--Each eligible entity desiring a grant 
     under 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 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 subpart will 
     be perpetuated beyond the duration of the grant;
       ``(F) describe the manner in which the eligible entity will 
     improve the educational achievement or future potential of 
     at-risk youth through more effective coordination of cultural 
     services in the community;
       ``(G) describe the overall and operational goals of the 
     program;
       ``(H) describe the nature and location of all planned sites 
     where services will be delivered and a description of 
     services which will be provided at each site; and
       ``(I) describe training that will be provided to 
     individuals who are not trained to work with children and 
     youth, and how teachers will be involved.

     ``SEC. 10414. PAYMENTS; AMOUNTS OF AWARD; COST SHARE; 
                   LIMITATIONS.

       ``(a) Payments.--
       ``(1) In general.--The Secretary shall pay to each eligible 
     recipient having an application approved under section 
     10413(c) the Federal share of the cost of the activities 
     described in the application.
       ``(2) Special rule.--(A) Grants awarded under this subpart 
     shall be of sufficient size, scope, and quality to be 
     effective.
       ``(B) The Secretary shall award grants under this subpart 
     so as to ensure nonduplication of services provided by grant 
     recipients and services provided by--
       ``(i) the National Endowment for the Humanities;
       ``(ii) the National Endowment for the Arts; and
       ``(iii) the Institute of Museum Services.
       ``(b) Cost Share.--
       ``(1) Federal share.--The Federal share of a grant under 
     this subpart 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 grant 
     under this subpart 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 grant funds provided in any fiscal year under this 
     subpart may be used for noninstructional activities such as 
     the activities described in paragraphs (4), (5), and (12) of 
     section 10413(a).
       ``(2) Supplement and not supplant.--Grant funds awarded 
     under this part shall be used to supplement not supplant the 
     amount of funds made available from non-Federal sources, for 
     the activities assisted under this subpart, in amounts that 
     exceed the amounts expended for such activities in the year 
     preceding the year for which the grant is awarded.
       ``(3) Administrative costs.--(A) The Secretary may reserve 
     not more than five percent of the grant funds received under 
     this subpart in each fiscal year for the costs of 
     administration.
       ``(B) Each eligible recipient may reserve not more than 5 
     percent of any grant funds received under this subpart in 
     each fiscal year for the costs of administration.

     ``SEC. 10415. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subpart, $45,000,000 for fiscal year 1995, and such sums as 
     may be necessary for each of the four succeeding fiscal 
     years.

            ``PART E--INEXPENSIVE BOOK DISTRIBUTION PROGRAM

     ``SEC. 10501. 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, including those in family literacy 
     programs;
       ``(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 $10,300,000 for fiscal year 1995 and such sums 
     as may be necessary for each of the four succeeding fiscal 
     years.

                       ``PART F--CIVIC EDUCATION

     ``SEC. 10601. 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 award a grant or enter into a contract 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 Nation's 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) Availability of Program.--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.

     ``SEC. 10602. INSTRUCTION IN CIVICS, GOVERNMENT, AND THE LAW.

       ``(a) Program Established.--The Secretary is authorized to 
     carry out a program of awarding 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 awarding 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 award grants and contracts under this section 
     for periods of two or three years.
       ``(2) Exception.--The Secretary may award a grant or 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. 10603. REPORT; AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Report.--The Secretary shall report, on a biennial 
     basis 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) General.--There are authorized to be appropriated to 
     carry out this part $15,000,000 for fiscal year 1995 and such 
     sums as may be necessary for each of the four succeeding 
     fiscal years.
       ``(2) Allocation.--Except as provided in paragraph (3), 
     from the amount appropriated under subsection (a), the 
     Secretary shall allocate--
       ``(A) 40 percent of such amount to carry out section 10601; 
     and
       ``(B) 60 percent of such amount to carry out section 10602.
       ``(3) Special rule.--From funds appropriated under 
     paragraph (1), the Secretary shall make available for fiscal 
     year 1995 and each succeeding fiscal year thereafter for the 
     programs under section 16101 and 16102 not less than the 
     amount made available for fiscal year 1994 to carry out such 
     programs under section 4609 and 1562, respectively, of this 
     Act (as such sections were in effect on the day preceding the 
     date of enactment of the Improving America's Schools Act of 
     1994).

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

     ``SEC. 10701. 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. 10711. 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 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. 10712. 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 student with disabilities, 
     ethnic minority students, and gifted and talented students; 
     and
       ``(3) the proper disbursement of the funds received under 
     this subpart.

     ``Subpart 3--Program for Middle and Secondary School Teachers

     ``SEC. 10721. 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. 10722. 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 
     10711(a);
       ``(2) that not more than one teacher in each school 
     participating in the programs provided for in section 
     10711(a) may receive a fellowship in any fiscal year; and
       ``(3) the proper disbursement of the funds received under 
     this subpart.

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

     ``SEC. 10731. 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 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. 10732. 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.--Except 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 received under 
     this subpart.

                    ``Subpart 4--General Provisions

     ``SEC. 10741. 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. 10742. 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 $4,400,000 for fiscal year 1995 and such sums as may be 
     necessary of each of the four succeeding fiscal year.
       ``(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 10711(a).

      ``PART H--DE LUGO TERRITORIAL EDUCATION IMPROVEMENT PROGRAM

     ``SEC. 10801. FINDINGS AND PURPOSES.

       ``(a) Findings.--The Congress finds that--
       ``(1) the attainment of a high quality education is 
     important to a society and to each individual;
       ``(2) it is the policy of the United States that all 
     citizens have a fair opportunity to receive a high quality 
     education;
       ``(3) such opportunity should extend to United States 
     citizens and nationals residing in the outlying areas;
       ``(4) reports show that the outlying areas have repeatedly 
     placed last in national education tests which measure 
     knowledge in core subject areas;
       ``(5) all students must realize their potential if the 
     United States is to prosper; and
       ``(6) students in the outlying areas require additional 
     assistance if such students are to obtain the high standards 
     established for all students in the United States.
       ``(b) Purposes.--The purpose of this part is to authorize 
     an education improvement program for the outlying areas which 
     will assist in developing programs which will enhance student 
     learning, increase the standard of education, and improve the 
     performance levels of all students.

     ``SEC. 10802. GRANT AUTHORIZATION.

       ``The Secretary is authorized to make grants to the 
     outlying areas to fund innovative education improvement 
     programs which will increase student learning.

     ``SEC. 10803. CONSTRUCTION.

       ``No funds from a grant under section 10802 may be used for 
     construction.

     ``SEC. 10804. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subpart $3,000,000 for each of the fiscal years 1994 through 
     1999.

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

     ``SEC. 10901. SHORT TITLE.

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

     ``SEC. 10902. FINDINGS.

       ``The Congress finds that--
       ``(1) a local public school often serves as a center for 
     the delivery of education and human resources for all members 
     of a community;
       ``(2) public schools, primarily in rural and inner city 
     communities, should collaborate with other public and 
     nonprofit agencies and organizations, local businesses, 
     educational entities (such as vocational and adult education 
     programs, school-to-work programs, community colleges, and 
     universities), recreational, cultural, and other community 
     and human service entities, for the purpose of meeting the 
     needs 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) 21st Century Community Learning Centers enable the 
     entire community to develop an education strategy that 
     addresses the educational needs of all members of local 
     communities.

     ``SEC. 10903. 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 of such schools, 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) 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.
       ``(c) Grant Period.--The Secretary shall award grants under 
     this part for a period not to exceed 3 years.
       ``(d) Amount.--The Secretary shall not award a grant under 
     this part in any fiscal year in an amount less than $35,000.

     ``SEC. 10904. 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, in 
     such manner, and accompanied by such information as the 
     Secretary may reasonably prescribe. Each such application 
     shall include--
       ``(1) a comprehensive local plan that enables the school or 
     consortium to serve as a center for the delivery of education 
     and human resources 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 
     serve as a delivery center for existing and new services, 
     especially for interactive telecommunication used for 
     education and professional training; 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 which address the needs of the community.

     ``SEC. 10905. USES OF FUNDS.

       ``Grants awarded under this part may be used to plan, 
     implement, or expand community learning centers which include 
     not less than four of the following activities:
       ``(1) Literacy education programs.
       ``(2) Senior citizen programs.
       ``(3) Children's day care services.
       ``(4) Integrated education, health, social service, 
     recreational, or cultural programs.
       ``(5) Summer and weekend school programs in conjunction 
     with recreation programs.
       ``(6) Nutrition and health 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 with disabilities.

     ``SEC. 10906. DEFINITION.

       ``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, institutions of higher 
     education, community colleges, and cultural, recreational, 
     and other community and human service entities.

     ``SEC. 10907. 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 four succeeding fiscal years, to carry out this part.

             ``PART J--URBAN AND RURAL EDUCATION ASSISTANCE

     ``SEC. 10951. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Demonstration Grants.--
       ``(1) In general.--There are authorized to be appropriated 
     $125,000,000 for fiscal year 1995, and such sums as may be 
     necessary for each of the four succeeding fiscal years, to 
     carry out subparts 1 and 2 (other than section 10975).
       ``(2) Reservation for subpart 1.--The Secretary shall 
     reserve 50 percent of the amount appropriated under paragraph 
     (1) to carry out subpart 1.
       ``(3) Reservation for subpart 2.--The Secretary shall 
     reserve 50 percent of the amount appropriated under paragraph 
     (1) to carry out subpart 2 (other than section 10975).
       ``(b) Higher Education Grants.--There are authorized to be 
     appropriated $25,000,000 for fiscal year 1995 and such sums 
     as may be necessary for each of the four succeeding fiscal 
     years to carry out section 10975.
       ``(c) Federal Funds To Supplement Not Supplant Non-Federal 
     Funds.--An eligible local educational agency may use funds 
     received under this part 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 part, and in 
     no such case may such funds be used to supplant funds from 
     non-Federal sources.

     ``SEC. 10952. DEFINITIONS.

       ``Except as otherwise provided, for the purposes of this 
     part:
       ``(1) Central city.--The term `central city' has the same 
     meaning used by the Bureau of the Census.
       ``(2) Metropolitan statistical area.--The term 
     `metropolitan statistical area' has the same meaning used by 
     the Bureau of the Census.
       ``(3) 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.
       ``(4) 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 part A of title I; 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.
       ``(5) 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.

           ``Subpart 1--Urban Education Demonstration Grants

     ``SEC. 10961. 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 high school graduates is approximately 
     $21,000,000,000 per year;
       ``(5) approximately one-third of the Nation's workforce 
     will be members of minority groups by the year 2000;
       ``(6) urban schools enroll a disproportionately large share 
     of the Nation's poor and `at-risk' youth;
       ``(7) urban schools enroll approximately one-third of 
     Nation's poor, 40 percent of the Nation's African American 
     children, and 30 percent of the Nation's Hispanic youth;
       ``(8) 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;
       ``(9) 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;
       ``(10) urban public school systems have higher dropout 
     rates, more problems with health care, and less parental 
     participation than other kinds of school systems;
       ``(11) urban preschoolers have one-half the access to early 
     childhood development programs as do other children;
       ``(12) shortages of teachers in urban public school systems 
     are 2.5 times greater than such shortages in other kinds of 
     school systems;
       ``(13) declining numbers of urban minority high school 
     graduates are pursuing postsecondary educational 
     opportunities;
       ``(14) urban public school systems have greater problems 
     with teenage pregnancy, discipline, drug abuse, and gangs 
     than do other kinds of school systems;
       ``(15) 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;
       ``(16) 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;
       ``(17) Federal and State funding of urban public schools 
     has not adequately reflected need; and
       ``(18) Federal funding that is well-targeted, flexible, and 
     accountable would contribute significantly to addressing the 
     comprehensive needs of inner-city public schools.

     ``SEC. 10962. PURPOSE.

       ``It is the purpose of this subpart to provide financial 
     assistance to--
       ``(1) assist urban public schools in meeting the 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.

     ``SEC. 10963. URBAN SCHOOL GRANTS.

       ``(a) Authority.--The Secretary is authorized to make 
     grants to eligible local educational agencies serving an 
     urban area or State educational agencies in the case where 
     the State educational agency is the local educational agency 
     for activities designed to assist in local school improvement 
     efforts and school reform, and to assist the schools of such 
     agencies in meeting the National Education Goals.
       ``(b) Authorized Activities.--Funds under this section may 
     be used 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, particularly 
     minority teachers, specializing 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) incentives for teachers to work in inner-city public 
     schools; and
       ``(H) collaborative activities with urban universities to 
     revise and upgrade teacher training programs;
       ``(6) provide for ongoing staff development to increase the 
     professional capacities of the teaching staff and the skills 
     of teacher aides and paraprofessionals;
       ``(7) 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; or
       ``(8) plan, develop, operate, or expand programs and 
     activities that are designed to assist urban public schools 
     in meeting the National Education Goals, including--
       ``(A) 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;
       ``(B) coordination and collaboration with other municipal 
     agencies, child care organizations, universities, or the 
     private sector;
       ``(C) parental involvement and outreach efforts and other 
     activities designed to enhance parental encouragement of 
     student learning;
       ``(D) pupil services and other support services that 
     contribute to progress in achieving National Education Goals;
       ``(E) efforts to acquire and improve access to educational 
     technology;
       ``(F) assist the schools most in need of services by 
     replicating successful efforts of other urban local 
     educational agencies and expanding successful programs within 
     the eligible agency; or
       ``(G) efforts to improve and strengthen the curriculum and 
     coordinate services across grade levels.
       ``(c) Applications.--
       ``(1) In general.--An eligible local educational agency 
     desiring to receive 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 
     reasonable require, consistent with this section.
       ``(2) Duration.--An application submitted pursuant to 
     paragraph (1) may be for a period of not more than five 
     years.
       ``(d) Payments.--The Secretary shall make an award only to 
     urban eligible local educational agencies that--
       ``(1) comply with the provisions of section 10966; and
       ``(2) demonstrate to the satisfaction of the Secretary that 
     the data submitted pursuant to section 10961 shows progress 
     toward meeting National Education Goals.
       ``(e) Administrative Costs.--Not more than five percent of 
     any award made under this subpart may be used for 
     administrative costs.

     ``SEC. 10964. SPECIAL RULES.

       ``(a) Special Consideration.--In making awards under this 
     subpart, the Secretary shall give special consideration to 
     urban eligible local educational agencies in which there is--
       ``(1) low achievement;
       ``(2) high poverty; and
       ``(3) racial isolation.
       ``(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--Rural Education Demonstration Grants

     ``SEC. 10971. 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) approximately 60 percent of the Nation's public 
     school districts are rural with a population of less than 
     2,500;
       ``(3) about 1 out of every 4 of America's rural school 
     children are living below the poverty line;
       ``(4) 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;
       ``(5) 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;
       ``(6) the academic performance of students in the average 
     rural school system is below that of students in most other 
     suburban school systems;
       ``(7) 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;
       ``(8) shortages of teachers for rural public school systems 
     is greater than in other kinds of school systems;
       ``(9) 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;
       ``(10) additional Federal funding would contribute 
     significantly to addressing the comprehensive needs of rural 
     schools;
       ``(11) rural public schools enroll a disproportionately 
     large share of the Nation's poor and at-risk youth;
       ``(12) a declining number of rural public secondary school 
     graduates are pursuing postsecondary education opportunities;
       ``(13) rural preschoolers have less access to early 
     childhood development programs than other children; and
       ``(14) Federal and State funding of rural public schools 
     has not adequately reflected need.

     ``SEC. 10972. PURPOSE.

       ``It is the purpose of this subpart 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 for the recruitment and meaningful inservice 
     opportunities for rural public school teachers.

     ``SEC. 10973. RURAL SCHOOL GRANTS.

       ``(a) Authority.--The Secretary is authorized to make 
     grants to rural eligible local educational agencies, or State 
     educational agencies in the case where the State educational 
     agency is the local educational agency, for activities 
     designed to assist in local school improvement efforts.
       ``(b) Award Rules.--
       ``(1) Less than $50,000,000.--If the amount made available 
     to carry out this subpart for any fiscal year is less than 
     $50,000,000, the Secretary shall award grants under this 
     section on a competitive basis.
       ``(2) Equal to or greater than $50,000,000.--If the amount 
     made available to carry out this subpart for any fiscal year 
     is equal to or greater than $50,000,000, the Secretary shall 
     award grants under this section so that a rural eligible 
     local educational agency in each State receives such a grant.
       ``(c) Administrative Costs.--Not more than five percent of 
     a grant awarded under section 10573 shall be used for 
     administrative costs.
       ``(d) Duration.--Each grant under this section shall be 
     awarded for a period of not more than five years.

     ``SEC. 10974. USES OF FUNDS.

       ``(a) In General.--Grant funds made available under section 
     10973 may be used by rural eligible local educational 
     agencies to meet the National Education Goals through 
     programs designed to--
       ``(1) increase the academic achievement of rural public 
     school children to at least the national average of such 
     achievement, 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; and
       ``(E) efforts to lengthen the school day, school year, or 
     reduce class sizes;
       ``(2) develop pilot projects that experiment with 
     innovative ways to teach rural public school children more 
     effectively;
       ``(3) encourage the formation of rural school consortia for 
     the purpose of increasing efficiency and course offerings;
       ``(4) provide meaningful inservice training opportunities 
     for rural public school teachers;
       ``(5) assist rural schools in acquiring and improving 
     access to educational technology, including distance learning 
     technologies;
       ``(6) 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 children, children with disabilities, and 
     migrant preschool children;
       ``(7) increase the graduation rates of rural public school 
     students to at least the national average of such rate, 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;
       ``(8) 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;
       ``(9) 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
       ``(10) 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) Applications.--Each eligible entity desiring a grant 
     under section 10973 shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may reasonably require. 
     Each grant awarded under section 10973 shall be of sufficient 
     size and scope to achieve significant rural school 
     improvement.

     ``SEC. 10975. HIGHER EDUCATION GRANTS.

       ``(a) Grants.--The Secretary is authorized to make grants 
     to institutions of higher education, consortia of such 
     institutions, or partnerships between institutions of higher 
     education and local educational agencies to assist rural 
     schools and rural eligible local educational agencies in 
     undertaking local school improvement activities.
       ``(b) Authorized Activities.--Grant funds under this 
     section may be used to--
       ``(1) assist rural schools in meeting National Education 
     Goals;
       ``(2) assist in the recruitment and training of teachers in 
     rural schools;
       ``(3) assist rural schools in the development of 
     appropriate innovative school improvement initiatives;
       ``(4) provide inservice training opportunities for teachers 
     in rural schools; and
       ``(5) provide technical assistance in the use and 
     installation of innovative telecommunications technology.
       ``(c) Applications.--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.

                  ``Subpart 3--White House Conferences

     ``SEC. 10981. 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, in consultation with the minority leader of the 
     Senate, shall select one-third of such participants, and the 
     Speaker of the House of Representatives, in consultation with 
     the minority leader of the House, 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.

     ``SEC. 10982. 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 
     (hereafter in this section referred to as the `Conference').
       ``(2) Date.--The Conference 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, 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, in consultation with the Minority Leader of the 
     Senate, shall select one-third of such participants, and the 
     Speaker of the House of Representatives, in consultation with 
     the Minority Leader of the House, 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 K--NATIONAL WRITING PROJECT

     ``SEC. 10991. 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 and the growing number of at-
     risk students due to limited English proficiency;
       ``(3) over the past two 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 them due to inadequate writing abilities;
       ``(5) 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;
       ``(6) 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;
       ``(7) 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;
       ``(8) 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;
       ``(9) the National Writing Project is a nationally 
     recognized and honored nonprofit organization that recognizes 
     that there are teachers in every region of the country who 
     have developed successful methods for teaching writing and 
     that such teachers can be trained and encouraged to train 
     other teachers;
       ``(10) 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;
       ``(11) the National Writing Project teacher-teaching-
     teachers program identifies and promotes what is working in 
     the classrooms of the Nation's best teachers;
       ``(12) 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;
       ``(13) 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;
       ``(14) the National Writing Project programs offer career-
     long education to teachers, and teachers participating in the 
     National Writing Project receive graduate academic credit;
       ``(15) each year over 100,000 teachers voluntarily seek 
     training in National Writing Project intensive summer 
     institutes and workshops and school year in-service programs 
     through one of the 154 regional sites located in 45 States, 
     the Commonwealth of Puerto Rico, and in 4 sites that serve 
     United States teachers in United States dependent and 
     independent schools;
       ``(16) 250 National Writing Project sites are needed to 
     establish regional sites to serve all teachers;
       ``(17) 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;
       ``(18) independent evaluation studies have found the 
     National Writing Project to be highly cost effective compared 
     to other professional development programs for teachers; and
       ``(19) 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. 10992. 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 title II; 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 pay the Federal share of the cost of enabling 
     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.
       ``(4) Federal share.--For the purpose of this subsection 
     the term `Federal share' means, with respect to the costs of 
     activities assisted under this subsection, 50 percent of such 
     costs to the elementary or secondary school teacher.
       ``(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.--
       ``(1) In general.--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 14701. 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.
       ``(2) Funding limitation.--The Secretary shall reserve not 
     more than $150,000 from the total amount appropriated 
     pursuant to the authority of subsection (i) for fiscal year 
     1994 and the four succeeding fiscal years to conduct the 
     evaluation described in paragraph (1).
       ``(h) Application Review.--
       ``(1) Review board.--The National Writing Project shall 
     establish and operate a National Review Board that shall 
     consist of--
       ``(A) leaders in the field of research in writing; and
       ``(B) such other individuals as the National Writing 
     Project deems necessary.
       ``(2) Duties.--The National Review Board shall--
       ``(A) review all applications for assistance under this 
     subsection; and
       ``(B) recommend applications for assistance under this 
     subsection for funding by the national Writing Project.
       ``(i) 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 four succeeding 
     fiscal years, to carry out the provisions of this section.

    ``PART L--THE EXTENDED TIME FOR LEARNING AND LONGER SCHOOL YEAR

     ``SEC. 10993. THE EXTENDED TIME FOR LEARNING AND LONGER 
                   SCHOOL YEAR.

       ``(a) 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;
       ``(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;
       ``(E) for most students in the United States, the school 
     year is 180 days long. In Japan students go to school 243 
     days per year, in Germany students go to school 240 days per 
     year, in Austria students go to school 216 days per year, in 
     Denmark students go to school 200 days per year, and in 
     Switzerland students go to school 195 days per year; and
       ``(F) in the final four years of schooling, students in 
     schools in the United States are required to spend a total of 
     1,460 hours on core academic subjects, less than half of the 
     3,528 hours so required in Germany, the 3,280 hours so 
     required in France, and the 3,170 hours so required in Japan;
       ``(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;
       ``(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;
       ``(5) a competitive world economy requires that students in 
     the United States receive education and training that is at 
     least as rigorous and high-quality as the education and 
     training received by students in competitor countries;
       ``(6) despite our Nation's transformation from a farm-based 
     economy to one based on manufacturing and services, the 
     school year is still based on the summer needs of an agrarian 
     economy;
       ``(7) American students' lack of formal schooling is not 
     counterbalanced with more homework. The opposite is true, as 
     half of all European students report spending at least two 
     hours on homework per day, compared to only 29 percent of 
     American students. Twenty-two percent of American students 
     watch five or more hours of television per day, while less 
     than eight percent of European students watch that much 
     television;
       ``(8) more than half of teachers surveyed in the United 
     States cite `children who are left on their own after school' 
     as a major problem;
       ``(9) over the summer months, disadvantaged students not 
     only fail to advance academically, but many forget much of 
     what such students had learned during the previous school 
     year;
       ``(10) funding constraints as well as the strong pull of 
     tradition have made extending the school year difficult for 
     most States and school districts; and
       ``(11) experiments with extended and multi-track school 
     years have been associated with both increased learning and 
     more efficient use of school facilities.
       ``(b) Purposes.--It is the purpose of this part to--
       ``(1) 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; and
       ``(2) allow the Secretary to provide financial incentives 
     and assistance to States or local educational agencies to 
     enable such States or agencies to substantially increase the 
     amount of time that students spend participating in quality 
     academic programs, and to promote flexibility in school 
     scheduling.
       ``(c) Program Authorized.--
       ``(1) In general.--The Secretary is authorized to award 
     grants to local educational agencies having applications 
     approved under subsection (d) to enable such agencies to 
     carry out the authorized activities described in subsection 
     (e) in public elementary and secondary schools.
       ``(2) Amount.--The Secretary shall, to the extent 
     practicable, provide an equitable distribution of grants 
     under this section.
       ``(3) Duration.--Each grant under subsection (a) shall be 
     awarded for a period of not more than three years.
       ``(4) 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) Application.--Each local educational agency 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 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 strategies and methods the applicant intends to 
     employ to provide continuing financial support for the 
     implementation of any extended school day or school year;
       ``(6) with respect to any application seeking assistance 
     for activities described under subsection (e)(4), a 
     description of any feasibility or other studies demonstrating 
     the sustainability of a longer school year;
       ``(7) the extent of involvement of teachers and other 
     school personnel in investigating, designing, implementing 
     and sustaining the activities assisted under this part;
       ``(8) the process to be used for involving parents and 
     other stakeholders in the development and implementation of 
     the activities assisted under this part;
       ``(9) 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;
       ``(10) the training and professional development activities 
     that will be offered to teachers and others involved in the 
     activities assisted under this part;
       ``(11) 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;
       ``(12) the methods by which the applicant will assess 
     progress in meeting such goals and objectives; and
       ``(13) how the applicant will use funds provided under this 
     part in coordination with other funds provided under this Act 
     or other Federal laws.
       ``(e) Authorized Activities.--Funds under this section 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 support public school improvement efforts that 
     include expansion of time devoted to core academic subjects 
     and the extension of the school year to 210 days;
       ``(5) 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;
       ``(6) 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
       ``(7) 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.
       ``(f) Definitions.--For the purpose of this section 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.
       ``(g) Administration.--
       ``(1) Peer review.--The Secretary shall award grants under 
     this section pursuant to a peer review process.
       ``(2) Diversity.--In awarding grants under this section 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.
       ``(h) Appropriations Authorization.--
       ``(1) In general.--For the purpose of carrying out this 
     section there are authorized to be appropriated $90,000,000 
     for fiscal year 1995 and such sums as may be necessary for 
     each of the four succeeding fiscal years.
       ``(2) Limitation.--Not less than 80 percent of any amount 
     appropriated under paragraph (1) shall be made available to 
     applicants seeking to extend their school year to not fewer 
     than 210 days.

                    ``PART M--TERRITORIAL ASSISTANCE

     ``SEC. 10995. 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 XI--COORDINATED SERVICES

     ``SEC. 11001. FINDINGS AND PURPOSE.

       ``(a) Findings.--The Congress finds the following:
       ``(1) Growing numbers of children are negatively affected 
     by influences outside of the classroom which increase such 
     children's risk of academic failure.
       ``(2) Factors such as poor nutrition, unsafe living 
     conditions, physical and sexual abuse, family and gang 
     violence, inadequate health care, unemployment, lack of child 
     care, and substance abuse, adversely affect family 
     relationships and the ability of a child to learn.
       ``(3) Parents and other caregivers in today's high pressure 
     society often face demands which place restraints on such 
     parents' and caregivers' time and affect such parents' and 
     caregivers' ability to adequately provide for the needs of 
     the families of such parents and caregivers.
       ``(4) Access to health and social service programs can 
     address the basic physical and emotional needs of children so 
     that children can fully participate in the learning 
     experiences offered children in school.
       ``(5) Services for at-risk students need to be more 
     convenient, and less fragmented, regulated and duplicative, 
     in order to meet the needs of children and their families.
       ``(6) School personnel, parents, and support service 
     providers often lack knowledge of, and access to, available 
     services for at-risk students and their families in the 
     community, and have few resources to coordinate services and 
     make services accessible.
       ``(7) Service providers, such as teachers, social workers, 
     health care and child care providers, juvenile justice 
     workers and others, are often trained in separate disciplines 
     that provide little support for the coordination of services.
       ``(8) Coordination of services is more cost effective 
     because such coordination substitutes prevention for 
     expensive crisis intervention.
       ``(9) Coordinating health and social services with 
     education can help the Nation meet the National Education 
     Goals by ensuring better outcomes for children.
       ``(b) Purpose of Coordinating Services.--The purpose of 
     this title is to provide elementary and secondary school 
     students and their families better access to the social, 
     health and education services necessary for students to 
     succeed in school and for their families to take an active 
     role in ensuring that such students receive the best possible 
     education.

     ``SEC. 11002. DEFINITIONS.

       ``For the purpose of this title--
       ``(1) the term `coordinated services project' means a 
     comprehensive approach to meeting the educational, health, 
     social service, and other needs of children and their 
     families, including foster children and their foster 
     families, through a communitywide partnership that links 
     public and private agencies providing such services or access 
     to such services through a coordination site at or near a 
     school; and
       ``(2) the term `eligible entity' means a local educational 
     agency, school, or a consortium of schools.

     ``SEC. 11003. AUTHORITY.

       ``In order to use funds made available under section 
     14206(b) for the development, or the implementation or 
     expansion, of a coordinated service project an eligible 
     entity shall have an application approved under subsection 
     (b) or (c), respectively, of section 11004.

     ``SEC. 11004. PROJECT DEVELOPMENT AND IMPLEMENTATION.

       ``(a) Applications.--Each eligible entity desiring to use 
     funds made available under section 14206(b) 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) Project Development Plan.--The application for the 
     development of the coordinated services project under this 
     title shall cover a period of not more than 1 year and shall 
     include a plan that--
       ``(1) demonstrates that an assessment will be performed of 
     the economic, social, and health barriers to educational 
     achievement experienced by children and families, including 
     foster children and their foster families, in the community, 
     and the local, State, Federal, and privately funded services 
     available to meet such needs;
       ``(2) identifies the measures that will be taken to 
     establish a communitywide partnership that links public and 
     private agencies providing services to children and families; 
     and
       ``(3) identifies any other measures that will be taken to 
     develop a comprehensive plan for the implementation or 
     expansion of a coordinated services project.
       ``(c) Project Implementation or Expansion Plan.--The 
     application for the implementation or expansion of a 
     coordinated services project under this title shall contain a 
     plan that includes--
       ``(1) the results of a children and families needs 
     assessment, which shall include an assessment of the needs of 
     foster children;
       ``(2) a description of the entities operating the 
     coordinated services project;
       ``(3) a description of the proposed coordinated services 
     project, the objectives of such project, where such project 
     will be located, and the staff that will be used to carry out 
     such project;
       ``(4) a description of how the success of the coordinated 
     services project will be evaluated;
       ``(5) a description of the training to be provided to 
     teachers and appropriate personnel;
       ``(6) information regarding whether a sliding scale fee for 
     services will be employed, and if not, an explanation of why 
     such scale is not feasible; and
       ``(7) when applicable, strategies to ensure that the health 
     and welfare needs of migratory families are addressed.

     ``SEC. 11005. USES OF FUNDS.

       ``(a) Uses.--
       ``(1) In general.--Funds made available under section 
     14206(b) may be used for planning for, or the implementation 
     or expansion of, activities which include--
       ``(A) hiring a services coordinator;
       ``(B) making minor renovations to existing buildings;
       ``(C) purchasing basic operating equipment;
       ``(D) improving communications and information-sharing 
     among entities participating in the coordinated services 
     project;
       ``(E) providing training to teachers and appropriate 
     personnel concerning such teacher's and personnel's role in a 
     coordinated services project; or
       ``(F) conducting the needs assessment required in section 
     11004(b)(1).
       ``(2) Prohibition.--Funds made available under section 
     14206(b) shall not be used for the direct provision of any 
     health or health-related services.
       ``(b) Federal Funds To Supplement, Not Supplant, Non-
     Federal Funds.--An eligible entity 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 coordinated services, 
     and not to supplant such funds.

     ``SEC. 11006. CONTINUING AUTHORITY.

       ``The Secretary shall prohibit an eligible entity from 
     using funds made available under section 14206(b) if the 
     Secretary determines that the coordinated services project 
     assisted under this title is not achieving effective 
     coordination after two years of implementation of such 
     project.

     ``SEC. 11007. FEDERAL AGENCY COORDINATION.

       ``(a) Agency Coordination.--The Secretaries of Education, 
     Health and Human Services, Labor, Housing and Urban 
     Development, Treasury, and Agriculture, and the Attorney 
     General shall review the programs administered by their 
     agencies to identify barriers to service coordination.
       ``(b) Report to Congress.--Such Secretaries and the 
     Attorney General shall submit jointly a report to the 
     Congress not later than two years after the date of the 
     enactment of the Improving America's Schools Act of 1994, 
     based on the review required under subsection (a) 
     recommending legislative and regulatory action to address 
     such barriers, and during the time preceding the submission 
     of such report, shall use waiver authorities authorized under 
     this and other Acts to address such barriers.
     ``TITLE XII--SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT ACT

     ``SEC. 12001. SHORT TITLE.

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

     ``SEC. 12002. FINDINGS.

       ``The Congress finds the following:
       ``(1) According to a 1991 survey conducted by the American 
     Association of School Administrators, 74 percent of all 
     public school buildings in the United States need to be 
     replaced.
       ``(2) Almost one-third of such buildings were built prior 
     to World War II.
       ``(3) It is estimated that one of every four public school 
     buildings in the United States is in inadequate condition, 
     and of such buildings, 61 percent need maintenance or major 
     repairs, 43 percent are obsolete, 42 percent contain 
     environmental hazards, 25 percent are overcrowded, and 13 
     percent are structurally unsound.
       ``(4) Large numbers of local educational agencies have 
     difficulties securing financing for school facility 
     improvement, including school libraries, media centers, and 
     facilities.
       ``(5) Improving the quality of public elementary and 
     secondary schools will help our Nation meet the National 
     Education Goals.
       ``(6) 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. 12003. PURPOSE.

       ``The purpose of this title is to help the Nation meet the 
     National Education Goals through the provision of Federal 
     funds to enable local educational agencies to meet the costs 
     associated with the improvement of schools within their 
     jurisdiction.

     ``SEC. 12004. IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY 
                   EDUCATION FACILITIES PROGRAM AUTHORIZED.

       ``(a) Program Authority.--
       ``(1) In general.--From amounts appropriated under section 
     12013 for any fiscal year, the Secretary shall award grants 
     to eligible local educational agencies with applications 
     approved under section 12005 to carry out the authorized 
     activities described in section 12007.
       ``(2) Special rule.--The Secretary may reserve not more 
     than 1 percent of the amount appropriated under section 12013 
     to provide assistance to Indian schools in accordance with 
     this title.
       ``(b) Award Categories.--
       ``(1) In general.--From the funds appropriated to carry out 
     this title for each fiscal year, the Secretary shall award 
     grants to eligible local educational agencies in each of the 
     following categories:
       ``(A) Eligible local educational agencies in which the 
     number of students enrolled is less than 2,500.
       ``(B) Such agencies in which such number is 2,500 or 
     greater but less than 5,000.
       ``(C) Such agencies in which such number is 5,000 or 
     greater but less than 10,000.
       ``(D) Such agencies in which such number is 10,000 or 
     greater but less than 25,000.
       ``(E) Such agencies in which such number is 25,000 or 
     greater but less than 50,000.
       ``(F) Such agencies in which such number is 50,000 or 
     greater.
       ``(c) Maximum Award Amounts.--The Secretary shall annually 
     set the maximum award amounts for each category described in 
     subsection (b)(1).

     ``SEC. 12005. AWARD OF GRANTS.

       ``(a) Criteria.--The Secretary shall award grants under 
     this title on the basis of--
       ``(1) high numbers or percentages of the total number of 
     children aged 5 to 17, inclusive, residing in the geographic 
     area served by an eligible local educational agency who are 
     counted under subpart 2 of part A of title I;
       ``(2) the extent to which the eligible local educational 
     agency lacks the fiscal capacity, including the ability to 
     raise funds through the full use of such agency's bonding 
     capacity and otherwise, to undertake the project without 
     Federal assistance;
       ``(3) the threat the condition of the physical plant poses 
     to the safety and well-being of students;
       ``(4) the demonstrated need for the construction, 
     reconstruction, or renovation based on the condition of the 
     facility;
       ``(5) the age of the facility to be renovated or replaced; 
     and
       ``(6) such other criteria as the Secretary may prescribe by 
     regulation.
       ``(b) Allocation Among Categories.--The Secretary shall 
     allocate funds under this title among each of the categories 
     described in paragraph (1) on such basis as the Secretary 
     determines is appropriate, including--
       ``(1) the relative numbers or percentages of students 
     counted under subpart 2 of part A of title I; and
       ``(2) the relative costs of carrying out activities under 
     this title in eligible local educational agencies in each 
     such category.
       ``(c) Frequency of Awards.--No local educational agency may 
     receive more than one grant under this title in any five-year 
     period.
       ``(d) 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, such as the issuance of bonds, or savings generated 
     from performance contracting, to carry out the activities for 
     which assistance is sought.

     ``SEC. 12006. APPLICATIONS.

       ``(a) Applications Required.--Each eligible local 
     educational agency desiring to receive a grant under this 
     title shall submit an application to the Secretary.
       ``(b) Application Contents.--Each application described in 
     subsection (a) shall contain--
       ``(1) an assurance that the application was developed in 
     consultation with parents and classroom teachers;
       ``(2) a description of each architectural, civil, 
     structural, mechanical, or electrical deficiency to be 
     corrected with funds provided under this title, including the 
     priority for the repair of the deficiency;
       ``(3) a description of the criteria used by the applicant 
     to determine the type of corrective action necessary to meet 
     the purpose of this title;
       ``(4) a description of the improvement to be supported with 
     funds provided under this title;
       ``(5) a cost estimate of the proposed improvement;
       ``(6) an identification of other resources, such as unused 
     bonding capacity, that are available to carry out the 
     activities for which funds are requested under this title;
       ``(7) a description of how activities supported with funds 
     provided under this title will promote energy conservation; 
     and
       ``(8) such other information and assurances as the 
     Secretary may reasonably require.

     ``SEC. 12007. AUTHORIZED ACTIVITIES.

       ``(a) In General.--Each eligible local educational agency 
     receiving a grant under this title shall use the grant funds 
     only to ensure the health and safety of students 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.
       ``(b) Particular Activities.--Subject to subsection (a), 
     each eligible local educational agency receiving a grant 
     under this title may use the grant funds to meet the 
     requirements of section 504 of the Rehabilitation Act of 1973 
     and the Americans with Disabilities Act of 1990.

     ``SEC. 12008. GENERAL PROVISIONS.

       ``(a) Budget and Accounting.--In the performance of, and 
     with respect to, the functions, powers, and duties under this 
     title, the Secretary, notwithstanding the provisions of any 
     other law, shall--
       ``(1) prepare annually and submit a budget program as 
     provided for wholly owned Government corporations by chapter 
     91 of title 31, United States Code; and
       ``(2) maintain a set of accounts which shall be audited by 
     the Comptroller General in accordance with the provisions of 
     chapter 35 of title 31, United States Code, but such 
     financial transactions of the Secretary, as the making of 
     loans and vouchers approved by the Secretary, in connection 
     with such financial transactions shall be final and 
     conclusive upon all officers of the Government.
       ``(b) Use of Funds.--Funds made available to the Secretary 
     pursuant to the provisions of this title shall be deposited 
     in a checking account or accounts with the Treasurer of the 
     United States. Receipts and assets obtained or held by the 
     Secretary in connection with the performance of functions 
     under this title, and all funds available for carrying out 
     the functions of the Secretary under this title (including 
     appropriations therefor, which are hereby authorized), shall 
     be available, in such amounts as may from year to year be 
     authorized by the Congress, for the administrative expenses 
     of the Secretary in connection with the performance of such 
     functions.
       ``(c) Legal Powers.--In the performance of, and with 
     respect to, the functions, powers, and duties under this 
     title, the Secretary, notwithstanding the provisions of any 
     other law, may--
       ``(1) prescribe such rules and regulations as may be 
     necessary to carry out the purposes of this title;
       ``(2) sue and be sued;
       ``(3) foreclose on any property or commence any action to 
     protect or enforce any right conferred upon the Secretary by 
     any law, contract, or other agreement, and bid for and 
     purchase at any foreclosure or any other sale any property in 
     connection with which the Secretary has made a loan pursuant 
     to this part;
       ``(4) in the event of any such acquisition, notwithstanding 
     any other provision of law relating to the acquisition, 
     handling, or disposal of real property by the United States, 
     complete, administer, remodel and convert, dispose of, lease, 
     and otherwise deal with, such property, but any such 
     acquisition of real property shall not deprive any State or 
     political subdivision of such State civil or criminal 
     jurisdiction in and over such property or impair the civil 
     rights under the State or local laws of the inhabitants on 
     such property;
       ``(5) sell or exchange at public or private sale, or lease, 
     real or personal property, and sell or exchange any 
     securities or obligations, upon such terms as the Secretary 
     may fix;
       ``(6) obtain insurance against loss in connection with 
     property and other assets held; and
       ``(7) include in any contract or instrument made pursuant 
     to this title such other covenants, conditions, or provisions 
     as may be necessary to assure that the purposes of this title 
     will be achieved.
       ``(d) Contracts for Supplies or Services.--Section 3709 of 
     the Revised Statutes shall not apply to any contract for 
     services or supplies on account of any property acquired 
     pursuant to this subtitle if the amount of such contract does 
     not exceed $1,000.
       ``(e) Applicability of Government Corporation Control 
     Act.--The provisions of section 9107(a) of title 31, United 
     States Code, which are applicable to corporations or agencies 
     subject to chapter 91 of such title, shall also be applicable 
     to the activities of the Secretary under this title.

     ``SEC. 12009. 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. 12010. 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, renovation, alteration, 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) Athletic and similar facilities.--No funds received 
     under this title shall be used for stadiums or other 
     facilities that are primarily used for athletic contests or 
     exhibitions or other events for which admission is charged to 
     the general public.

     ``SEC. 12011. FEDERAL ASSESSMENT.

       ``The Secretary shall reserve not more than 1 percent of 
     funds appropriated for each fiscal year under section 15013--
       ``(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 United States 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).

     ``SEC. 12012. DEFINITIONS.

       ``For the purpose of this title--
       ``(1) the term `construction' means the alteration or 
     renovation of a building, structure, or facility, including--
       ``(A) the concurrent installation of equipment; and
       ``(B) the complete or partial replacement of an existing 
     facility, but only if such replacement is less expensive and 
     more cost-effective than alteration, renovation, or repair of 
     the facility;
       ``(2) the term `school' means a public structure suitable 
     for use as a classroom, laboratory, library, media center, or 
     related facility, the primary purpose of which is the 
     instruction of public elementary and secondary school 
     students.
       ``(3) the term `eligible local education agency' means a 
     local educational agency in which--
       ``(A) not less than 15 percent of the children that reside 
     in the geographic area served by such agency are eligible to 
     be counted under subpart 2 of part A of title I of this Act; 
     or
       ``(B) the United States owns Federal property described in 
     section 8015(5), that has an assessed value (determined as of 
     the time or times when acquired) aggregating 90 percent or 
     more of the assessed value of all real property in such 
     agency (determined as of the time or times when so acquired); 
     and
       ``(C) demonstrates in the application submitted under 
     section 12006 that such agency has urgent repair, renovation, 
     alteration and construction needs for its public elementary 
     or secondary schools used for academic or vocational 
     instruction.

     ``SEC. 12013. AUTHORIZATION.

       ``There are authorized to be appropriated to carry out this 
     title $200,000,000 for fiscal year 1995 and such sums as may 
     be necessary for each of the four succeeding fiscal years.
   ``TITLE XIII--SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE EDUCATION

     ``SEC. 13001. FINDINGS.

       ``The Congress finds that--
       ``(1) high-quality technical assistance can enhance the 
     improvements in teaching and learning achieved through the 
     implementation of programs under this Act;
       ``(2) comprehensive technical assistance and effective 
     program dissemination are essential ingredients of the 
     overall strategy of the Improving America's Schools Act of 
     1994 to improve programs and provide all children 
     opportunities to meet challenging State content standards and 
     challenging State student performance standards;
       ``(3) States, local educational agencies, tribes, 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 and dissemination 
     efforts are fragmented and categorical in nature, and thus 
     fail to address adequately the needs of States, local 
     educational agencies and tribes 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 
     coordinated assistance to help States, local educational 
     agencies, tribes, participating colleges and universities, 
     and schools integrate Federal, State, and local education 
     programs in ways that contribute to improving schools and 
     entire school systems;
       ``(8) technical assistance in support of programs under 
     this Act should be coordinated with the Department's regional 
     offices, the regional educational laboratories, State 
     Literacy Resource Centers, vocational resource centers, and 
     other technical assistance efforts supported by the 
     Department; and
       ``(9) technical assistance providers should prioritize 
     assistance for local educational agencies and schools.

     ``SEC. 13002. PURPOSE.

       ``The purpose of this title is to create a national 
     technical assistance and dissemination system to make 
     available to States, local educational agencies, tribes, 
     schools, and other recipients of funds under this Act 
     technical assistance in--
       ``(1) administering and implementing programs under this 
     Act;
       ``(2) implementing school reform programs in a manner that 
     improves teaching and learning for all students;
       ``(3) coordinating such programs with other Federal, State, 
     and local education plans and activities, so that all 
     students, particularly students at risk of educational 
     failure, are provided opportunities to meet challenging State 
     content standards and challenging State student performance 
     standards; and
       ``(4) adopting, adapting, and implementing promising and 
     proven practices for improving teaching and learning.

          ``PART A--COMPREHENSIVE REGIONAL ASSISTANCE CENTERS

     ``SEC. 13101. PROGRAM AUTHORIZED.

       ``(a) Comprehensive Regional Assistance Centers.--
       ``(1) In general.--The Secretary is authorized to award 
     grants to, or enter into contracts or cooperative agreements 
     with, public or private nonprofit entities or consortia of 
     such entities in order to establish a networked system of 15 
     comprehensive regional assistance centers to provide 
     comprehensive training and technical assistance, related to 
     administration and implementation of programs under this Act, 
     to States, local educational agencies, schools, tribes, 
     community-based organizations, and other recipients of funds 
     under this Act.
       ``(2) Consideration.--In establishing comprehensive 
     regional assistance centers and allocating resources among 
     the centers, the Secretary shall consider--
       ``(A) the geographic distribution of students assisted 
     under title I;
       ``(B) the geographic and linguistic distribution of 
     students of limited-English proficiency;
       ``(C) the geographic distribution of Indian students;
       ``(D) the special needs of students living in urban and 
     rural areas; and
       ``(E) the special needs of States and outlying areas in 
     geographic isolation.
       ``(3) Special rule.--The Secretary shall establish 1 
     comprehensive regional assistance center under this section 
     in Hawaii.
       ``(b) Service to Indians and Alaska Natives.--The Secretary 
     shall ensure that each comprehensive regional assistance 
     center that serves a region with a significant population of 
     Indian or Alaska Native students shall--
       ``(1) be awarded to a consortium which includes a tribally 
     controlled community college or other Indian organization; 
     and
       ``(2) assist in the development and implementation of 
     instructional strategies, methods and materials which address 
     the specific cultural and other needs of Indian or Alaska 
     Native students.
       ``(c) Accountability.--To ensure the quality and 
     effectiveness of the networked system of comprehensive 
     regional assistance centers supported under this part, the 
     Secretary shall--
       ``(1) develop, in consultation with the Assistant Secretary 
     for Elementary and Secondary Education, the Director of 
     Bilingual Education and Minority Languages Affairs, and the 
     Assistant Secretary for Educational Research and Improvement, 
     a set of performance indicators that assesses whether the 
     work of the centers assists in improving teaching and 
     learning under this Act for all children, particularly 
     children at risk of educational failure;
       ``(2) conduct surveys every two years of populations to be 
     served under this Act to determine if such populations are 
     satisfied with the access to and quality of such services;
       ``(3) collect, as part of the Department's reviews of 
     programs under this Act, information about the availability 
     and quality of services provided by the centers, and share 
     that information with the centers; and
       ``(4) take whatever steps are reasonable and necessary to 
     ensure that each center performs its responsibilities in a 
     satisfactory manner, which may include--
       ``(A) termination of an award under this part (if the 
     Secretary concludes that performance has been unsatisfactory) 
     and the selection of a new center; and
       ``(B) whatever interim arrangements the Secretary 
     determines are necessary to ensure the satisfactory delivery 
     of services under this part to an affected region.
       ``(d) Duration.--Grants, contracts or cooperative 
     agreements under this section shall be awarded for a period 
     of 5 years.

     ``SEC. 13102. REQUIREMENTS OF COMPREHENSIVE REGIONAL 
                   ASSISTANCE CENTERS.

       ``(a) In General.--Each comprehensive regional assistance 
     center established under section 13101(a) shall--
       ``(1) maintain appropriate staff expertise and provide 
     support, training, and assistance to State educational 
     agencies, tribal divisions of education, local educational 
     agencies, schools, and other grant recipients under this Act, 
     in--
       ``(A) improving the quality of instruction, curricula, 
     assessments, and other aspects of school reform, supported 
     with funds under title I;
       ``(B) implementing effective schoolwide programs under 
     section 1114;
       ``(C) meeting the needs of children served under this Act, 
     including children in high-poverty areas, migratory children, 
     immigrant children, children with limited-English 
     proficiency, neglected or delinquent children, homeless 
     children and youth, Indian children, children with 
     disabilities, and, where applicable, Alaska Native children 
     and Native Hawaiian children;
       ``(D) implementing high-quality professional development 
     activities for teachers, and where appropriate, 
     administrators, pupil services personnel and other staff;
       ``(E) improving the quality of bilingual education, 
     including programs that emphasize English and native language 
     proficiency and promote multicultural understanding;
       ``(F) creating safe and drug-free environments, especially 
     in areas experiencing high levels of drug use and violence in 
     the community and school;
       ``(G) implementing educational applications of technology;
       ``(H) coordinating services and programs to meet the needs 
     of students so that students can fully participate in the 
     educational program of the school;
       ``(I) expanding the involvement and participation of 
     parents in the education of their children;
       ``(J) reforming schools, school systems, and the governance 
     and management of schools;
       ``(K) evaluating programs; and
       ``(L) meeting the special needs of students living in urban 
     and rural areas and the special needs of local educational 
     agencies serving urban and rural areas;
       ``(2) ensure that technical assistance staff have 
     sufficient training, knowledge, and expertise in how to 
     integrate and coordinate programs under this Act with each 
     other, as well as with other Federal, State, and local 
     programs and reforms;
       ``(3) provide technical assistance using the highest 
     quality and most cost-effective strategies possible;
       ``(4) coordinate services, work cooperatively, and 
     regularly share information with, the regional educational 
     laboratories, the Eisenhower regional consortia under part C, 
     research and development centers, State literacy centers 
     authorized under the National Literacy Act of 1991, and other 
     entities engaged in research, development, dissemination, and 
     technical assistance activities which are supported by the 
     Department as part of a Federal technical assistance system, 
     to provide a broad range of support services to schools in 
     the region while minimizing the duplication of such services;
       ``(5) work collaboratively with the Department's regional 
     offices;
       ``(6) consult with representatives of State educational 
     agencies, local educational agencies, and populations served 
     under this Act;
       ``(7) provide services to States, local educational 
     agencies, tribes, and schools, in coordination with the 
     National Diffusion Network State Facilitators activities 
     under section 13201, in order to better implement the 
     purposes of this part and provide the support and assistance 
     diffusion agents need to carry out such agents' mission 
     effectively; and
       ``(8) provide professional development services to State 
     educational agencies, local educational agencies, and the 
     National Diffusion Network State Facilitators to increase the 
     capacity of such entities to provide high-quality technical 
     assistance in support of programs under this Act.
       ``(b) Priority.--Each comprehensive regional assistance 
     center assisted under this part shall give priority to 
     servicing--
       ``(1) schoolwide programs under section 1114; and
       ``(2) local educational agencies and Bureau-funded schools 
     with the highest percentages or numbers of children in 
     poverty.

     ``SEC. 13103. MAINTENANCE OF SERVICE AND APPLICATION 
                   REQUIREMENTS.

       ``(a) Maintenance of Service.--The Secretary shall ensure 
     that the comprehensive regional assistance centers funded 
     under this part provide technical assistance services that 
     address the needs of educationally disadvantaged students, 
     including students in urban and rural areas, and bilingual, 
     migrant, immigrant, and Indian students, that are at least 
     comparable to the level of such technical assistance services 
     provided under programs administered by the Secretary on the 
     day preceding the date of enactment of the Improving 
     America's Schools Act of 1994.
       ``(b) Application Requirements.--Each entity or consortium 
     desiring assistance 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--
       ``(1) demonstrate how the comprehensive regional assistance 
     center will provide expertise and services in the areas 
     described in section 13102;
       ``(2) demonstrate how such centers will work with the 
     National Diffusion Network under section 13201 to conduct 
     outreach to local educational agencies receiving priority 
     under section 13401;
       ``(3) demonstrate support from States, local educational 
     agencies and tribes in the area to be served;
       ``(4) demonstrate how such centers will ensure a fair 
     distribution of services to urban and rural areas; and
       ``(5) provide such other information as the Secretary may 
     require.

     ``SEC. 13104. TRANSITION.

       ``(a) In General.--The Secretary shall use funds 
     appropriated to carry out this part for fiscal years 1995 and 
     1996 in order to ensure an orderly transition and phase in of 
     the comprehensive regional assistance centers assisted under 
     this part.
       ``(b) Extension of Previous Centers.--
       ``(1) In general.--The Secretary shall, notwithstanding any 
     other provision of law, use funds appropriated under section 
     13105 to extend or continue contracts and grants for existing 
     categorical technical assistance centers assisted under this 
     Act (as such Act was in effect on the day preceding the date 
     of enactment of the Improving America's Schools Act of 1994) 
     through fiscal year 1996, and take other necessary steps to 
     ensure a smooth transition of services provided under this 
     part and that such services will not be interrupted, 
     curtailed, or substantially diminished.
       ``(2) Staff expertise.--In planning for the competition for 
     the new comprehensive regional assistance centers under this 
     part, the Secretary may draw on the expertise of staff from 
     existing categorical assistance centers assisted under this 
     Act prior to date of enactment of the Improving America's 
     Schools Act of 1994.

     ``SEC. 13105. AUTHORIZATION OF APPROPRIATIONS.

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

                  ``PART B--NATIONAL DIFFUSION NETWORK

     ``SEC. 13201. PROGRAM AUTHORIZED.

       ``(a) Authority.--
       ``(1) In general.--In order to implement the purposes of 
     this title, the Secretary is authorized to establish the 
     National Diffusion Network (hereafter referred to in this Act 
     as `NDN') to carry out a State-based outreach, consultation, 
     training, and dissemination program.
       ``(2) Program requirements.--In carrying out the program 
     under this part, the Secretary shall award grants and 
     contracts to National Diffusion Network State Facilitators in 
     each State and outlying area, and to the Bureau of Indian 
     Affairs, in order to assist State and local educational 
     agencies, schools, and other appropriate educational 
     entities--
       ``(A) to identify and secure appropriate, high-quality 
     technical assistance from the comprehensive regional 
     assistance centers under part A and other sources; and
       ``(B) to identify and implement exemplary or promising 
     educational programs and practices.
       ``(b) Eligible Entities.--The Secretary shall award grants 
     and contracts under this section to public or private 
     nonprofit organizations or institutions with demonstrated 
     expertise in the areas of applied education research and 
     program dissemination.
       ``(c) Administration.--The program under this part shall be 
     administered through the Office of Reform Assistance and 
     Dissemination established under section 941(b) of the 
     Educational Research, Development, Dissemination, and 
     Improvement Act of 1994.
       ``(d) Coordination.--The National Diffusion Network State 
     Facilitators shall work in close cooperation, and coordinate 
     their activities, with the comprehensive regional assistance 
     centers established under part A.
       ``(e) State Facilitator Activities.--The National Diffusion 
     Network State Facilitators shall provide professional 
     development and technical assistance services to assist State 
     educational agencies, local educational agencies, tribal 
     divisions of education, schools, family and adult literacy 
     programs, and other entities assisted under this Act, in--
       ``(1) defining such entities' technical assistance needs 
     and aligning such needs with school reform under title I, 
     professional development, and technology plans;
       ``(2) securing the technical assistance and professional 
     development services that can best fulfill such needs by 
     utilizing the services of the comprehensive regional 
     assistance centers, the regional education laboratories, the 
     Eisenhower regional consortia, State Literacy Resource 
     Centers authorized under the National Literacy Act of 1991 
     and other technical assistance providers, including local 
     providers of professional development services;
       ``(3) identifying educational technology needs and securing 
     the necessary technical assistance to address such needs in 
     coordination with the Eisenhower regional consortia under 
     part C and the regional technical assistance and professional 
     development consortia under subpart 3 of title III; and
       ``(4) utilizing technology, including regional and national 
     electronic networks, to increase such entities' access to 
     technical assistance, professional development services, and 
     dissemination of effective programs and promising practices.
       ``(f) Additional Duties.--In addition, National Diffusion 
     Network State Facilitators shall--
       ``(1) disseminate information about school reform and 
     effective and promising practices, and help local educational 
     agencies and schools adapt such reform and practices to such 
     agencies' needs;
       ``(2) identify educational programs and practices for 
     possible dissemination throughout the State and Nation;
       ``(3) promote and facilitate teacher networks throughout 
     the State;
       ``(4) develop and implement an aggressive outreach plan for 
     reaching the local educational agencies and schools receiving 
     priority under section 13401; and
       ``(5) provide such other outreach, coordination, and 
     dissemination services as may be necessary to achieve the 
     purposes of this title.
       ``(g) National Diffusion Network Effective Programs and 
     Promising Practices System.--
       ``(1) In general.--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 and 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.
       ``(2) Priority.--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.
       ``(3) Priority of services.--The National Diffusion Network 
     State Facilitators shall give priority in providing the 
     services described in this section to--
       ``(A) schoolwide program under section 1114; and
       ``(B) local educational agencies and Bureau-funded schools 
     with the highest percentages or numbers of children in 
     poverty.

     ``SEC. 13202. AUTHORIZATION OF APPROPRIATIONS.

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

    ``PART C--EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION 
                               CONSORTIA

     ``SEC. 13301. 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, in accordance with the 
     provisions of this section, shall award at least one 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 13308 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 part shall be awarded for a period of not more than five 
     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 part 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 
     this part.
       ``(c) Amount.--In awarding grants or contracts under this 
     part, the Secretary shall ensure that there is a relatively 
     equal distribution of the funds made available among the 
     regions, except that the Secretary may award additional funds 
     to a regional consortium on the basis of population and 
     geographical conditions of the region being served.

     ``SEC. 13302. USE OF FUNDS.

       ``Funds provided under this part may be used by a regional 
     consortium, under the direction of a regional board 
     established under section 13304, to--
       ``(1) work cooperatively with the other regional consortia, 
     the Eisenhower National Clearinghouse for Science and 
     Mathematics Education established under section 2102(b) and 
     federally-funded technical assistance providers 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 
     section 13301(a)(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 
     section 13301(a)(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 part 
     in order to evaluate the effectiveness of the activities of 
     the regional consortia;
       ``(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. 13303. APPLICATION AND REVIEW.

       ``(a) In General.--Each eligible entity desiring a grant or 
     contract under this part 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 telecommunications partnerships assisted 
     under the Star Schools Program Assistance Act (as such Act 
     was in effect on the day preceding the date of enactment of 
     the Improving America's Schools Act of 1994) in carrying out 
     the provisions of this part, 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 competitively awarded on the basis of merit 
     determined under a peer review process.
       ``(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 
     part. 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. 13304. REGIONAL BOARDS.

       ``(a) In General.--Each eligible entity receiving a grant 
     or contract under this part 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. 13305. PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE.

       ``(a) Payments.--The Secretary shall pay to each eligible 
     entity having an application approved under section 13303 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 under 
     section 13303 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. 13306. EVALUATION.

       ``(a) Evaluation Required.--The Secretary, through the 
     Office of Educational Research and Improvement and in 
     accordance with section 14701, 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. 13307. DEFINITIONS.

       ``For purposes of this part:
       ``(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 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 13301.
       ``(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 carrying 
     out this part by the Governor or by State law.

     ``SEC. 13308. 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 part.

            ``PART D--TECHNOLOGY-BASED TECHNICAL ASSISTANCE

     ``SEC. 13401. 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 under 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.
                    ``TITLE XIV--GENERAL PROVISIONS

                         ``PART A--DEFINITIONS

     ``SEC. 14101. 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 
     fiscal year preceding the fiscal year for which the 
     determination is made (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 the 
     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 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 local application.--The term 
     `consolidated local application' means an application 
     submitted by a local educational agency pursuant to section 
     14302.
       ``(6) Consolidated local plan.--The term `consolidated 
     local plan' means a plan submitted by a local educational 
     agency pursuant to section 14302.
       ``(7) Consolidated state application.--The term 
     `consolidated State application' means an application 
     submitted by a State educational agency pursuant to section 
     14302.
       ``(8) Consolidated state plan.--The term `consolidated 
     State plan' means a plan submitted by a State educational 
     agency pursuant to section 14302.
       ``(9) County.--The term `county' means one of the divisions 
     of a State used by the Secretary of Commerce in compiling and 
     reporting data regarding counties.
       ``(10) Covered program.--The term `covered program' means 
     each of the programs authorized by--
       ``(A) part A of title I;
       ``(B) part C of title I;
       ``(C) title II (other than section 2103 and part C);
       ``(D) subpart 2 of part A of title III;
       ``(E) part A of title IV (other than section 4114); and
       ``(F) title VI.
       ``(11) 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 and title VI.
       ``(12) Department.--The term `Department' means the 
     Department of Education.
       ``(13) Educational service agency.--The term `educational 
     service agency' means a regional public multiservice agency 
     authorized by State statute to develop, manage, and provide 
     services or programs to local educational agencies.
       ``(14) Elementary school.--The term `elementary school' 
     means a nonprofit institutional day or residential school 
     that provides elementary education, as determined under State 
     law.
       ``(15) 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.
       ``(16) 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.
       ``(17) Institution of higher education.--The term 
     `institution of higher education' has the meaning given that 
     term in section 1201(a) of the Higher Education Act of 1965.
       ``(18) 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 and such school does not have a 
     student population that is smaller than the student 
     population of the local educational agency receiving 
     assistance under this Act with the smallest student 
     population, except that such school shall not be subject to 
     the jurisdiction of any State educational agency other than 
     the Bureau of Indian Affairs.
       ``(19) Mentoring.--The term `mentoring' means a program in 
     which an adult works with a child or youth on a 1-to-1 basis, 
     establishing a supportive relationship, providing academic 
     assistance, and introducing the child or youth to new 
     experiences that enhance the child or youth's ability to 
     excel in school and become a responsible citizen.
       ``(20) Other staff.--The term `other staff' means pupil 
     services personnel, librarians, career guidance and 
     counseling personnel, education aides, and other 
     instructional and administrative personnel.
       ``(21) Outlying area.--The term `outlying area' means the 
     Virgin Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, and for the purpose of section 1121 
     and any other discretionary grant program under this Act, the 
     Republic of the Marshall Islands, the Federated States of 
     Micronesia, and the Republic of Palau.
       ``(22) Parent.--The term `parent' includes a legal guardian 
     or other person standing in loco parentis.
       ``(23) 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.
       ``(24) 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(a)(17) 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.
       ``(25) Secondary school.--The term `secondary school' means 
     a nonprofit institutional 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.
       ``(26) Secretary.--The term `Secretary' means the Secretary 
     of Education.
       ``(27) 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.
       ``(28) State educational agency.--The term `State 
     educational agency' means the agency primarily responsible 
     for the State supervision of public elementary and secondary 
     schools.
       ``(29) 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 fiber optic transmission, computer hardware and 
     software, video and audio laser and CD-ROM disks, video and 
     audio tapes, including interactive forms of such products and 
     services, or other technologies.

     ``SEC. 14102. APPLICABILITY OF THIS TITLE.

       ``Parts B, C, D, E, and F of this title do not apply to 
     title VIII of this Act.

     ``SEC. 14103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS 
                   OPERATED SCHOOLS.

       ``For purposes of any competitive program under this Act, a 
     consortia of schools operated by the Bureau of Indian 
     Affairs, a school operated under a contract or grant with the 
     Bureau of Indian Affairs in consortia with another contract 
     or grant school or tribal or community organization, or a 
     Bureau of Indian Affairs school in consortia with an 
     institution of higher education, a contract or grant school 
     and tribal or community organization shall be given the same 
     consideration as a local educational agency.

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

     ``SEC. 14201. 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) if such State 
     educational agency can demonstrate that the majority of such 
     agency's resources come from non-Federal sources.
       ``(2) Applicability.--This section applies to programs 
     under title I, those covered programs described in 
     subparagraphs (C), (D), (E), and (F) of section 14101(10), 
     and administrative funds under section 308(c) of the Goals 
     2000: Educate America Act.
       ``(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).
       ``(f) Consolidation of Funds for Standards and Assessment 
     Development.--In order to develop challenging State standards 
     and 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.

     ``SEC. 14202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

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

     ``SEC. 14203. CONSOLIDATION OF FUNDS FOR LOCAL 
                   ADMINISTRATION.

       ``(a) General Authority.--In accordance with regulations of 
     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, established in each 
     covered program, of the total amount available to the local 
     educational agency under such 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 shall, in collaboration with local 
     educational agencies in the State, 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 uses described 
     in section 14201(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. 14204. ADMINISTRATIVE FUNDS STUDIES.

       ``(a) Federal Funds Study.--
       ``(1) In general.--The Secretary shall conduct a study of 
     the use of funds under this Act for the administration, by 
     State and local educational agencies, of all covered 
     programs, including the percentage of grant funds used for 
     such purpose in all covered programs.
       ``(2) State data.--Beginning in fiscal year 1995 and each 
     succeeding fiscal year thereafter, each State educational 
     agency which receives funds under title I shall submit to the 
     Secretary a report on the use of title I funds for the State 
     administration of activities assisted under title I. Such 
     report shall include the proportion of State administrative 
     funds provided under section 1603 that are expended for--
       ``(A) basic program operation and compliance monitoring;
       ``(B) statewide program services such as development of 
     standards and assessments, curriculum development, and 
     program evaluation; and
       ``(C) technical assistance and other direct support to 
     local educational agencies and schools.
       ``(3) Federal funds report.--The Secretary shall complete 
     the study conducted under this section not later than July 1, 
     1997, and shall submit to the President and the appropriate 
     committees of the Congress a report regarding such study 
     within 30 days of the completion of such study.
       ``(4) Results.--Based on the results of the study described 
     in subsection (a)(1), which may include collection and 
     analysis of the data under paragraph (2) and section 410(b) 
     of the Improving America's Schools Act of 1994, the Secretary 
     shall--
       ``(A) develop a definition of what types of activities 
     constitute the administration of programs under this Act by 
     State and local educational agencies; and
       ``(B) within one year of the completion of such study, 
     promulgate final regulations or guidelines regarding the use 
     of funds for administration under all 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 
     where such limitation is not otherwise specified in law.
       ``(b) General Administrative Funds Study and Report.--Upon 
     the date of completion of the pilot model data system 
     described in section 410(b) of the Improving America's 
     Schools Act of 1994, 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, local educational agency, and State 
     educational agency level, and shall report to the Congress 
     not later than July 1, 1997, regarding--
       ``(1) the potential for the reduction of administrative 
     expenses at the school, local educational agency, and State 
     educational agency levels;
       ``(2) the potential usefulness of such data system to 
     reduce such administrative expenses;
       ``(3) 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
       ``(4) 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. 14205. 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 IX 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 program 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. 14206. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.

       ``(a) 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 five percent of the total amount of such local 
     educational agency's funds under that covered program, for 
     the purpose of another covered program.
       ``(b) Coordination of Services.--A local educational 
     agency, individual school, or consortium of schools may use a 
     total of not more than five percent of the funds such agency, 
     school, or consortium, respectively, receives under this Act 
     for the establishment and implementation of a coordinated 
     services project in accordance with the requirements of title 
     XI of this Act.

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

     ``SEC. 14301. 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. 14302. OPTIONAL CONSOLIDATED STATE PLANS OR 
                   APPLICATIONS.

       ``(a) General Authority.--
       ``(1) Simplification.--In order to simplify application 
     requirements and reduce the 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 a consolidated State application meeting the 
     requirements of this section for--
       ``(A) each of the covered programs in which the State 
     participates; and
       ``(B) the additional programs described in paragraph (2).
       ``(2) Additional programs.--A State educational agency may 
     also include in its consolidated State plan or consolidated 
     State application--
       ``(A) the Even Start program under part B of title I;
       ``(B) the Prevention and Intervention Programs for Youth 
     Who Are Neglected, Delinquent, or At-Risk of Dropping Out 
     under part D of title I;
       ``(C) programs under part A of title II of the Carl D. 
     Perkins Vocational and Applied Technology Education Act;
       ``(D) programs under the Goals 2000: Educate America Act;
       ``(E) programs under the School-to-Work Opportunities Act 
     of 1994; and
       ``(F) such other programs as the Secretary may designate.
       ``(3) Consolidated applications and plans.--A State 
     educational agency that submits a consolidated State plan or 
     a consolidated State application under this section shall not 
     be required to submit separate State plans or applications 
     under any of the programs to which the consolidated State 
     plan or consolidated State 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)(1), 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 consolidated State application.
       ``(3) Necessary materials.--The Secretary shall require 
     only descriptions, information, assurances, and other 
     materials that are absolutely necessary for the consideration 
     of the consolidated State plan or consolidated State 
     application.

     ``SEC. 14303. GENERAL APPLICABILITY OF STATE EDUCATIONAL 
                   AGENCY ASSURANCES.

       ``(a) Assurances.--A State educational agency that submits 
     a consolidated State plan or consolidated State application 
     under this Act, whether separately or under section 14302, 
     shall have on file with the Secretary a single set of 
     assurances, applicable to each program for which such 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 
     law 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 law;
       ``(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 plan or application was submitted to the 
     Secretary, the State has afforded a reasonable opportunity 
     for public comment on the plan or application and has 
     considered such comment.
       ``(b) GEPA Provision.--Section 441 of the General Education 
     Provisions Act shall not apply to programs under this Act.

     ``SEC. 14304. ADDITIONAL COORDINATION.

       ``(a) Additional Coordination.--In order to explore ways 
     for State educational agencies to reduce administrative 
     burdens and promote the coordination of the education 
     services of this Act with other health and social service 
     programs administered by such agencies, the Secretary is 
     directed to seek agreements with other Federal agencies 
     (including the Departments of Health and Human Services, 
     Justice, Labor and Agriculture) for the purpose of 
     establishing procedures and criteria under which a State 
     educational agency would submit a consolidated State plan or 
     consolidated State application that meets the requirements of 
     the covered programs.
       ``(b) Report.--The Secretary shall report to the relevant 
     committees 6 months after the date of enactment of the 
     Improving America's Schools Act of 1994.

     ``SEC. 14305. CONSOLIDATED LOCAL PLANS OR 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 Plans or Applications.--A State 
     educational agency that has submitted and had approved a 
     consolidated State plan or application under section 14302 
     may require local educational agencies in the State receiving 
     funds under more than one program included in the 
     consolidated State plan or consolidated State 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 State plans or consolidated State applications 
     under this section.
       ``(d) Necessary Materials.--The State educational agency 
     shall require only descriptions, information, assurances, and 
     other material that are absolutely necessary for the 
     consideration of the local educational agency plan or 
     application.

     ``SEC. 14306. 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 14304, 
     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 law 
     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, 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 application was submitted, the applicant 
     afforded a reasonable opportunity for public comment on the 
     application and has considered such comment.
       ``(b) GEPA Provision.--Section 442 of the General Education 
     Provisions Act does not apply to programs under this Act.

     ``SEC. 14307. 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 improvement plan, if any, either approved or 
     being developed, under title III of the Goals 2000: Educate 
     America Act, the School-to-Work Opportunities Act of 1994, 
     and the Carl D. Perkins Vocational and Applied Technology 
     Education Act:
       ``(A) Part A of title I (helping disadvantaged children 
     meet high standards).
       ``(B) Part C of title I (education of migratory children).
       ``(C) Part D of title I (education of neglected, 
     delinquent, and at-risk youth).
       ``(D) Title II (professional development).
       ``(E) Title IV (safe and drug-free schools).
       ``(F) Title VI (innovative education program strategies).
       ``(G) Subpart 4 of part A of title IX (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 approved 
     State improvement plan for such State 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 improvement plan for such State 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 local improvement plan, if any, 
     either approved or being developed, under title III of the 
     Goals 2000: Educate America Act:
       ``(A) Part A of title I (helping disadvantaged children 
     meet high standards).
       ``(B) Title II (professional development).
       ``(C) Title IV (safe and drug-free schools).
       ``(D) Subpart 4 of part A of title IX (Indian education).
       ``(E) Subpart 1 of part A of title VII (bilingual 
     education).
       ``(F) Title VI (innovative education program strategies).
       ``(G) Part C of title VII (emergency immigrant education).
       ``(2) Plan of operation.--Each plan of operation included 
     in an application submitted by an eligible entity under part 
     B of title I (Even Start) shall be consistent with, and 
     promote the goals of, the State and local improvement 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.
       ``(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 local improvement 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 improvement plan under title III 
     of the Goals 2000: Educate America Act.

                           ``PART D--WAIVERS

     ``SEC. 14401. WAIVERS OF STATUTORY AND REGULATORY 
                   REQUIREMENTS.

       ``(a) In General.--Except as provided in subsection (c), 
     the Secretary may waive any statutory or regulatory 
     requirement of this Act for a State educational agency, local 
     educational agency, Indian tribe, or school through a local 
     educational agency, that--
       ``(1) receives funds under a program authorized by this 
     Act; and
       ``(2) requests a waiver under subsection (b).
       ``(b) Request for Waiver.--
       ``(1) In general.--A State educational agency, local 
     educational agency, or Indian tribe which desires a waiver 
     shall submit a waiver request to the Secretary that--
       ``(A) identifies the Federal programs affected by such 
     requested waiver;
       ``(B) describes which Federal requirements are to be waived 
     and how the waiving of such requirements will--
       ``(i) increase the quality of instruction for students; or
       ``(ii) improve the academic performance of students;
       ``(C) if applicable, describes which similar State and 
     local requirements will be waived and how the waiving of such 
     requirements will assist the local educational agencies, 
     Indian tribes or schools, as appropriate, to achieve the 
     objectives described in clauses (i) and (ii) of subparagraph 
     (B);
       ``(D) describes specific, measurable educational 
     improvement goals and expected outcomes for all affected 
     students;
       ``(E) describes the methods to be used to measure progress 
     in meeting such goals and outcomes; and
       ``(F) describes how schools will continue to provide 
     assistance to the same populations served by programs for 
     which waivers are requested.
       ``(2) Additional information.--Such requests--
       ``(A) may provide for waivers of requirements applicable to 
     State educational agencies, local educational agencies, 
     Indian tribes, and schools; and
       ``(B) shall be developed and submitted--
       ``(i)(I) by local educational agencies (on behalf of such 
     agencies and schools) to State educational agencies; and
       ``(II) by State educational agencies (on behalf of, and 
     based upon the requests of, local educational agencies) to 
     the Secretary; or
       ``(ii) by Indian tribes (on behalf of schools operated by 
     such tribes) to the Secretary.
       ``(3) General requirements.--(A) In the case of a waiver 
     request submitted by a State educational agency acting in its 
     own behalf, the State educational agency shall--
       ``(i) provide all interested local educational agencies in 
     the State with notice and an reasonable opportunity to 
     comment on the request;
       ``(ii) submit the comments to the Secretary; and
       ``(iii) provide notice and information to the public 
     regarding the waiver request in the manner that the applying 
     agency customarily provides similar notices and information 
     to the public.
       ``(B) In the case of a waiver request submitted by a local 
     educational agency that receives funds under this Act--
       ``(i) such request shall be reviewed by the State 
     educational agency and be accompanied by the comments, if 
     any, of such State educational agency; and
       ``(ii) notice and information regarding the waiver request 
     shall be provided to the public by the agency requesting the 
     waiver in the manner that such agency customarily provides 
     similar notices and information to the public.
       ``(c) Restrictions.--The Secretary shall not waive under 
     this section any statutory or regulatory requirements 
     relating to--
       ``(1) the allocation or distribution of funds to States, 
     local educational agencies, or other recipients of funds 
     under this Act;
       ``(2) maintenance of effort;
       ``(3) comparability of services;
       ``(4) use of Federal funds to supplement, not supplant, 
     non-Federal funds;
       ``(5) equitable participation of private school students 
     and teachers;
       ``(6) parental participation and involvement;
       ``(7) applicable civil rights requirements;
       ``(8) the requirement for a charter school under part C of 
     title X; or
       ``(9) the prohibitions regarding--
       ``(A) State aid in section 14502; or
       ``(B) use of funds for religious worship or instruction in 
     section 14507.
       ``(d) Duration and Extension of Waiver.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     duration of a waiver approved by the Secretary under this 
     section may be for a period not to exceed three 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 student performance; and
       ``(B) such extension is in the public interest.
       ``(e) Reports.--
       ``(1) Local waiver.--A local educational agency that 
     receives a waiver under this section shall at the end of the 
     second year for which a waiver is received under this 
     section, and each subsequent year, submit a report to the 
     State educational agency that--
       ``(A) describes the uses of such waiver by such agency or 
     by schools;
       ``(B) describes how schools continued to provide assistance 
     to the same populations served by the programs for which 
     waivers are requested; and
       ``(C) evaluates the progress of such agency and of schools 
     in improving the quality of instruction or the academic 
     performance of students.
       ``(2) State waiver.--A State educational agency that 
     receives reports required under paragraph (1) shall annually 
     submit a report to the Secretary that is based on such 
     reports and contains such information as the Secretary may 
     require.
       ``(3) Indian tribe waiver.--An Indian tribe that receives a 
     waiver under this section shall annually submit a report to 
     the Secretary that--
       ``(A) describes the uses of such waiver by schools operated 
     by such tribe; and
       ``(B) evaluates the progress of such schools in improving 
     the quality of instruction or the academic performance of 
     students.
       ``(4) Report to congress.--Beginning in fiscal year 1997 
     and each subsequent year, 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 report--
       ``(A) summarizing the uses of waivers by State educational 
     agencies, local educational agencies, Indian tribes, and 
     schools; and
       ``(B) describing whether such waivers--
       ``(i) increased the quality of instruction to students; or
       ``(ii) improved the academic performance of students.
       ``(f) 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.
       ``(g) 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, and the public.

                      ``PART E--UNIFORM PROVISIONS

     ``SEC. 14501. 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 
     such agency and the State with respect to the provision of 
     free public education by such 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. 14502. PROHIBITION REGARDING STATE AID.

       ``A State shall not take into consideration payments under 
     this Act (other than under title VIII) in determining the 
     eligibility of any local educational agency in such State for 
     State aid, or the amount of State aid, with respect to free 
     public education of children.

     ``SEC. 14503. 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 educational service agency or consortium of such 
     agencies 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 and their teachers or other 
     educational personnel, 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, shall 
     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, and other educational 
     personnel 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 
     described in subsection (a)(1) 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 programs under--
       ``(A) part C of title I (migrant education);
       ``(B) title II (other than section 2103 and part C of such 
     title?);
       ``(C) title VII;
       ``(D) title III (other than part B of such title) (Star 
     Schools); and
       ``(E) part A of title IV (other than section 4114).
       ``(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, a State educational agency, local educational 
     agency, educational service agency or consortium of such 
     agencies 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 the 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. 14504. STANDARDS FOR BY-PASS.

       ``If, by reason of any provision of law, a State 
     educational agency, local educational agency, educational 
     service 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 14503, 
     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 14503, 14505, 
     and 14506.

     ``SEC. 14505. 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 of section 14503 by a State educational agency, 
     local educational agency, educational service agency, or 
     consortium of such agencies. Such individual or organization 
     shall submit such complaint to the State educational agency 
     for a written resolution by the State educational agency 
     within a reasonable period of time.
       ``(b) Appeals to the Secretary.--Such resolution may be 
     appealed by an interested party to the Secretary not later 
     than 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 not 
     later than 120 days after receipt of the appeal.

     ``SEC. 14506. BY-PASS DETERMINATION PROCESS.

       ``(a) Review.--
       ``(1) In general.--(A) The Secretary shall not take any 
     final action under section 14504 until the State educational 
     agency, local educational agency, educational service agency, 
     or consortium of such agencies affected by such action has 
     had an opportunity, for not less than 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 upon receipt of the copy of the 
     petition 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 then 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 such action 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 14503 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. 14507. 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.

     ``SEC. 14508. APPLICABILITY TO HOME SCHOOLS.

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

     ``SEC. 14509. 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. 14510. SCHOOL PRAYER.

       ``Any State or local educational agency that is adjudged by 
     a Federal court of competent jurisdiction to have willfully 
     violated a Federal court order mandating that such local 
     educational agency remedy a violation of the constitutional 
     right of any student with respect to prayer in public 
     schools, in addition to any other judicial remedies, shall be 
     ineligible to receive Federal funds under this Act until such 
     time as the local educational agency complies with such 
     order. Funds that are withheld under this section shall not 
     be reimbursed for the period during which the local 
     educational agency was in willful noncompliance.

     ``SEC. 14511. GENERAL PROHIBITIONS.

       ``(a) Prohibition.--None of the funds authorized under this 
     Act shall be used--
       ``(1) to develop or distribute materials, or operate 
     programs or courses of instruction directed at youth that are 
     designed to promote or encourage, sexual activity, whether 
     homosexual or heterosexual;
       ``(2) to distribute or to aid in the distribution by any 
     organization of legally obscene materials to minors on school 
     grounds;
       ``(3) to provide sex education or HIV prevention education 
     in schools unless such instruction is age appropriate and 
     includes the health benefits of abstinence; or
       ``(4) to operate a program of condom distribution in 
     schools.
       ``(b) Local Control.--Nothing in this section shall be 
     construed to--
       ``(1) authorize an officer or employee of the Federal 
     Government to mandate, direct, review, or control a State, 
     local educational agency, or schools' instructional content, 
     curriculum, and related activities;
       ``(2) limit the application of the General Education 
     Provisions Act;
       ``(3) require the distribution of scientifically or 
     medically false or inaccurate materials or to prohibit the 
     distribution of scientifically or medically true or accurate 
     materials; or
       ``(4) create any legally enforceable right.

     ``SEC. 14512. 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. 14513. REPORT.

       ``The Secretary shall report to the Congress not later than 
     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. 14514. REQUIRED PARTICIPATION PROHIBITED.

       ``Notwithstanding any other provision of law, no State 
     shall be required to participate in any program under the 
     Goals 2000: Educate 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 F--GUN POSSESSION

     ``SEC. 14601. 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), 
     each State receiving Federal funds under this Act shall have 
     in effect a State law requiring local educational agencies to 
     expel from school for a period of not less than one year a 
     student who is determined to have brought a weapon to a 
     school under the jurisdiction of local educational agencies 
     in that State, except that such State law shall allow the 
     chief administering officer of such local educational 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 State from allowing a local 
     educational agency that has expelled a student from such a 
     student's regular school setting from providing educational 
     services to such student in an alternative setting.
       ``(3) Special rule.--(A) Any State that has a law in effect 
     prior to the date of enactment of the Improving America's 
     Schools Act of 1994 which is in conflict with the not less 
     than one 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 one 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) Special Rule.--The provisions of this section shall 
     be construed in a manner consistent with the Individuals with 
     Disabilities Education Act.
       ``(d) 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 is in 
     compliance with the State law required by subsection (b); and
       ``(2) a description of the circumstances surrounding any 
     expulsions imposed under the State law required by subsection 
     (b), including--
       ``(A) the name of the school concerned;
       ``(B) the number of students expelled from such school; and
       ``(C) the type of weapons concerned.
       ``(e) Reporting.--Each State shall report the information 
     described in subsection (c) to the Secretary on an annual 
     basis.
       ``(f) Report to Congress.--Two years after the date of 
     enactment of the Improving America's Schools Act of 1994, the 
     Secretary shall report to Congress if any State is not in 
     compliance with the requirements of this title.

     ``SEC. 14602. POLICY REGARDING CRIMINAL JUSTICE SYSTEM 
                   REFERRAL.

       ``(a) In General.--No funds shall be made available under 
     this Act to any local educational agency unless such agency 
     has a policy requiring referral to the criminal justice or 
     juvenile delinquency system of any student who brings a 
     firearm or weapon to a school served by such agency.
       ``(b) Definitions.--For the purpose of this section, the 
     terms `firearm' and `school' have the same meaning given to 
     such terms by section 921(a) of title 18, United States Code.

     ``SEC. 14603. DATA AND POLICY DISSEMINATION UNDER IDEA.

       ``The Secretary shall--
       ``(1) widely disseminate the policy of the Department in 
     effect on the date of enactment of the Improving America's 
     Schools Act of 1994 with respect to disciplining children 
     with disabilities;
       ``(2) collect data on the incidence of children with 
     disabilities (as such term is defined in section 602(a)(1) of 
     the Individuals With Disabilities Education Act) engaging in 
     life threatening behavior or bringing weapons to schools; and
       ``(3) submit a report to Congress not later than January 
     31, 1995, analyzing the strengths and problems with the 
     current approaches regarding disciplining children with 
     disabilities.

                         ``PART G--EVALUATIONS

     ``SEC. 14701. 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 comprehensive evaluations of categorical 
     programs and demonstration projects, and studies of program 
     effectiveness, under this Act, and the administrative impact 
     of such programs on schools and local educational agencies in 
     accordance with subsection (b);
       ``(B) to evaluate the aggregate short- and long-term 
     effects and cost efficiencies across Federal programs under 
     this Act and related Federal preschool, elementary and 
     secondary programs under other Federal law; and
       ``(C) 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 reserve 
     no additional funds pursuant to the authority in subsection 
     (a)(1) to evaluate such program, but shall coordinate the 
     evaluation of such program with the national evaluation 
     described in subsection (b).
       ``(b) National Evaluations.--
       ``(1) In general.--The Secretary shall use the funds made 
     available under subsection (a) to carry out--
       ``(A) independent studies of categorical and demonstration 
     programs under this Act and the administrative impact of such 
     programs on schools and local educational agencies, that are 
     coordinated with research supported through the Office of 
     Educational Research and Improvement, using 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;
       ``(iv) to the extent feasible, the cost of serving all 
     students eligible to be served under such programs;
       ``(v) specific intervention strategies and implementation 
     of such strategies that, based on theory, research and 
     evaluation, offer the promise of improved achievement of 
     program objectives;
       ``(vi) promising means of identifying and disseminating 
     effective management and educational practices;
       ``(vii) the effect of such programs on school and local 
     educational agencies' administrative responsibilities and 
     structure, including the use of local and State resources, 
     with particular attention to schools and agencies serving a 
     high concentration of disadvantaged students; and
       ``(viii) the effect of Federal categorical programs at the 
     elementary and secondary levels on the proliferation of State 
     categorical education aid programs and regulations, including 
     an evaluation of the State regulations that are developed in 
     response to Federal education laws;
       ``(B) in collaboration with the national assessment 
     conducted pursuant to section 1601, 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 preschool, 
     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 clauses (i) and (ii) 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 clauses (i) and (ii) to determine such 
     programs' overall effect--

       ``(I) on school reform efforts undertaken by States;
       ``(II) on efforts by States to adopt educational standards 
     to improve schooling for all children, to align their 
     curricula, teacher training, and assessments with such 
     standards, and to bring flexibility to the rules governing 
     how education is to be provided; and
       ``(III) 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 clauses (i) and (ii) 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; and
       ``(C) a study of the waivers granted under section 14401, 
     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 of the effect of waivers on categorical 
     program requirements and other flexibility provisions in this 
     Act, the School-to-Work Opportunities Act of 1994, and the 
     Goals 2000: Educate America Act, on improvement in 
     educational achievement of participating students and on 
     school and local educational agency administrative 
     responsibilities, structure, and resources based on an 
     appropriate sample of State educational agencies, local 
     educational agencies, schools, and tribes receiving waivers.
       ``(D) a study of the waivers provided under section 1114 to 
     support schoolwide programs which shall include--
       ``(i) the extent to which schoolwide programs are meeting 
     the intent and purposes of any program for which provisions 
     were waived; and
       ``(ii) the extent to which the needs of all students are 
     being served by such programs particularly students who would 
     be eligible for assistance under any provisions waived.
       ``(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) 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.

                    ``PART H--SENSE OF THE CONGRESS

     ``SEC. 14801. SENSE OF CONGRESS TO INCREASE THE TOTAL SHARE 
                   OF FEDERAL SPENDING ON EDUCATION.

       ``(a) Findings.--The Congress finds that--
       ``(1) in order to increase our Nation's standard of living 
     and to increase the number of good jobs, the United States 
     must increase its productivity and ability to compete in the 
     international marketplace by improving the educational level 
     of our workforce;
       ``(2) although efforts are being made to establish higher 
     educational standards and goals, there is a substantial 
     shortage of resources to meet such standards and goals;
       ``(3) States and local communities are finding it 
     increasingly difficult to meet ever higher educational 
     standards and goals, and States will not be able to fund 
     needed changes without Federal help to reach such standards 
     and goals;
       ``(4) the Federal Government has established many 
     educational programs but failed to provide adequate funding 
     for such programs, for example one such program provides 
     education to our Nation's disabled students and was 
     established with a promise of 40 percent Federal funding but 
     currently receives only eight percent Federal funding;
       ``(5) the annual shortfall in Federal education programs is 
     approximately half of the promised funding;
       ``(6) many needed educational improvements will not need 
     Federal funds, however, other suggested changes such as 
     lengthened school years, better pay, after-school activities, 
     mentoring for students at risk, programs for gifted students, 
     and replacing substandard buildings, will require substantial 
     Federal assistance; and
       ``(7) the Federal contribution to education is less than 
     two percent of the total Federal budget, and in order to make 
     education a national priority, the total percentage of 
     Federal educational funding should be increased by one 
     percent each year over the next eight years to reach 10 
     percent of the total Federal budget.
       ``(b) Sense of the Congress.--It is the sense of the 
     Congress that the total share of the Federal spending on 
     education should increase by at least one percent each year 
     until such share reaches 10 percent of the total Federal 
     budget.

     ``SEC. 14802. SENSE OF CONGRESS; REQUIREMENT REGARDING 
                   NOTICE.

       ``(a) Purchase of American-Made Equipment and Products.--In 
     the case of any equipment or products that may be authorized 
     to be purchased with financial assistance provided under this 
     Act, it is the sense of the Congress that entities receiving 
     such assistance should, in expending the assistance, purchase 
     only American-made equipment and products.
       ``(b) Notice to Recipients of Assistance.--In providing 
     financial assistance under this Act, the head of each Federal 
     agency shall provide to each recipient of the assistance a 
     notice describing the statement made in subsection (a) by the 
     Congress.''.
      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 F) 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 AND REDESIGNATION.

       (a) Repeals.--
       (1) Sections.--Sections 400A, 401, 402, 403, 406, 406A, 
     406B, 406C, 407, 413, 416, 419, 421, 423, 424, 426A, and 429 
     of the Act are repealed.
       (2) Part.--Part D of the Act is repealed.
       (b) Redesignations.--
       (1) Sections.--Sections 408, 409, 411, 412, 414, 415, 417, 
     420, 421A, 422, 425, 426, 427, 428, 430, 431, 432, 433, 434, 
     435, 436, 437, 438, 439, and 440 of the Act are redesignated 
     as sections 410, 411, 420, 421, 422, 423, 425, 426, 430, 431, 
     432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 
     444, 445, and 446 of the Act, respectively.
       (2) Part.--Part E of the Act is redesignated as part D of 
     the Act.
       (3) Cross references.--(A) Paragraph (6) of section 441(b) 
     (as redesignated by paragraph (1)) (20 U.S.C. 1232d(b)(6)) is 
     amended by striking ``437'' and inserting ``443''.
       (B) Paragraph (4) of section 442(b) of the Act (as 
     redesignated by paragraph (1)) (20 U.S.C. 1232e(b)(4)) is 
     amended by striking ``437'' and inserting ``443''.
       (C) Subsection (a) of section 446 of the Act (as 
     redesignated by paragraph (1)) (20 U.S.C. 1232i(a)) is 
     amended by striking ``438(b)(1)(D)'' and inserting 
     ``444(b)(1)(D)''.
       (D) Subsection (a) of section 458 of the Act (20 U.S.C. 
     1234g(a)) is amended by striking ``435(a)'' and inserting 
     ``441(a)''.

                  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 410 of the Act (as redesignated by section 
     212(b)(1)) (20 U.S.C. 1221e-3) is amended to read as follows:


                  ``general authority of the secretary

       ``Sec. 410. 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.''.

                 PART C--APPROPRIATIONS AND EVALUATIONS

     SEC. 231. FORWARD FUNDING.

       Section 420 of the Act (as redesignated by section 
     212(b)(1)) (20 U.S.C. 1223) is amended to read as follows:


                           ``forward funding

       ``Sec. 420. (a) To the end of affording the responsible 
     Federal, State, and local officers adequate notice of 
     available Federal financial assistance for carrying out 
     ongoing education activities and projects, appropriations for 
     grants, contracts, or other payments under any applicable 
     program are authorized to be included in the appropriations 
     Act for the fiscal year preceding the fiscal year during 
     which such activities and projects shall be carried out.
       ``(b) In order to effect a transition to the timing of 
     appropriation action authorized by subsection (a), the 
     application of this section may result in the enactment, in a 
     fiscal year, of separate appropriations for an applicable 
     program (whether in the same appropriations Act or otherwise) 
     for two consecutive fiscal years.''.

     SEC. 232. AVAILABILITY OF APPROPRIATIONS.

       (a) Amendment to Heading.--The heading for section 421 of 
     the Act (as redesignated by section 212(b)(1)) (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 421 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), by striking ``(b) Notwithstanding'' 
     and inserting ``(b)(1) Notwithstanding''; and
       (3) in subsection (c), by striking ``section 3679(d)(2) of 
     the Revised Statutes'' and inserting ``section 1341(a) of 
     title 31, United States Code''.

     SEC. 233. CONTINGENT EXTENSION OF PROGRAMS.

       Section 422 of the Act (as redesignated by section 
     212(b)(1)) (20 U.S.C. 1226a) is amended to read as follows:


                   ``contingent extension of programs

       ``Sec. 422. (a) The authorization of appropriations for, or 
     duration of, an applicable program shall be automatically 
     extended for one additional fiscal year unless Congress, in 
     the regular session that ends prior to the beginning of the 
     terminal fiscal year of such authorization or duration, has 
     passed legislation that becomes law and extends or repeals 
     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).
       ``(d) This section shall not apply to the authorization of 
     appropriations for a commission, council, or committee which 
     is required by an applicable statute to terminate on a date 
     certain.''.

     SEC. 234. STATE REPORTS.

       Subpart 2 of part B of the Act (20 U.S.C. 1226b et seq.) is 
     amended by inserting before section 425 (as redesignated by 
     section 212(b)(1)) the following new section:


           ``responsibility of states to furnish information

       ``Sec. 424. (a) Each State educational agency shall submit 
     to the Secretary a report on or before March 15 of every 
     second year. Each such report shall include--
       ``(1) information with respect to the uses of Federal funds 
     in such State in the two preceding fiscal years under any 
     applicable program under the jurisdiction of the State 
     educational agency; and
       ``(2) information with respect to the uses of Federal funds 
     in such State in the two preceding fiscal years under any 
     Federal program administered by the State that provided 
     grants or contracts to a local educational agency in the 
     State.
       ``(b) Each report submitted under subsection (a) shall--
       ``(1) list, with respect to each program for which 
     information is provided, all grants made to and contracts 
     entered into with local educational agencies and other public 
     and private agencies and institutions within the State during 
     each fiscal year concerned;
       ``(2) analyze the information included in the report by 
     local educational agency and by program;
       ``(3) include the total amount of funds available to the 
     State under each such program for each fiscal year concerned; 
     and
       ``(4) be made readily available by the State to local 
     educational agencies and institutions within the State and to 
     the public.
       ``(c) If the Secretary does not receive a report by the 
     date required under subsection (a), or receives an incomplete 
     report, the Secretary, not later than 30 days after such 
     report is required to be submitted, shall take all reasonable 
     measures to obtain the delinquent or incomplete information 
     from the State educational agency.
       ``(d) When the Secretary receives a report required under 
     subsection (a), the Secretary shall provide such information 
     to the National Center for Education Statistics, and shall 
     make such information available, at a reasonable cost, to any 
     individual who requests such information.
       ``(e) The Secretary shall consult with the Speaker and 
     Minority Leader of the House of Representatives and the 
     Majority and Minority Leaders of the Senate regarding the 
     costs and feasibility of making the information described in 
     subsection (a) available as part of a telecommunications 
     network that is readily accessible to every member of 
     Congress and other interested parties.
       ``(f) On or before August 15 of each year in which reports 
     are submitted under subsection (a), the Secretary shall 
     submit a report to the Committee on Education and Labor of 
     the House of Representatives and the Committee on Labor and 
     Human Resources of the Senate. Such report shall include--
       ``(1) an analysis of the content and data quality of such 
     reports;
       ``(2) a compilation of statistical data derived from such 
     reports; and
       ``(3) information obtained by the Secretary with respect 
     to--
       ``(A) direct grants made to local educational agencies by 
     the Federal Government; and
       ``(B) contracts entered into between such agencies and the 
     Federal Government.''.

     SEC. 235. BIENNIAL EVALUATION REPORT.

       Section 425 of the Act (as redesignated by section 
     212(b)(1)) (20 U.S.C. 1226c) is amended to read as follows:


                      ``biennial evaluation report

       ``Sec. 425. Not later than March 31, 1995, and every two 
     years after such date, 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 such 
     programs' legislated intent and purposes during the two 
     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 such report;
       ``(5) be prepared in concise summary form with necessary 
     detailed data and appendixes, including available data to 
     indicate the effectiveness of the programs and projects by 
     the race, sex, disability and age of beneficiaries of such 
     programs and projects; and
       ``(6) include the results of the program evaluations 
     conducted in accordance with section 14701 of the Elementary 
     and Secondary Education Act of 1965.''.

     SEC. 236. EQUITY FOR STUDENTS, TEACHERS, AND OTHER PROGRAM 
                   BENEFICIARIES.

       Subpart 2 of part B of the Act (20 U.S.C. 1226b et seq.) is 
     further amended by inserting after section 426 (as 
     redesignated by section 212(b)(1)) the following new section:


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

       ``Sec. 427. (a) The purpose of this section is to assist 
     the Department in implementing the Department's mission to 
     ensure equal access to education and to promote educational 
     excellence throughout the Nation, by--
       ``(1) 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
       ``(2) 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 laws cited in section 400(d) of this Act.''.

     SEC. 237. COORDINATION.

       Subpart 2 of part B of the Act (20 U.S.C. 1226b et seq.) is 
     further amended by adding at the end the following new 
     section:


                             ``coordination

       ``Sec. 428. The National Assessment Governing Board, the 
     Advisory Council on Education Statistics, the National 
     Education Goals Panel, the National Education Standards and 
     Improvement Council, and any other board established to 
     analyze, address, or approve education content or student 
     performance standards and assessments shall coordinate and 
     interact with one another in order to ensure that each such 
     entity does not duplicate activities to assist the States in 
     reforming their educational systems.''.

     SEC. 238. DISCLOSURE REQUIREMENTS.

       Subpart 2 of part B of the Act (20 U.S.C. 1226b) is further 
     amended by inserting after section 428 (as added by section 
     237) the following new section:


                       ``disclosure requirements

       ``Sec. 429. (a) In General.--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) Cost and fees.--Information regarding the cost of the 
     educational program and information regarding the 
     distribution of any enrollment fee, including--
       ``(A) the amount paid for, and the percentage of the total 
     educational program cost of, each feature of the educational 
     program, including--
       ``(i) food;
       ``(ii) lodging;
       ``(iii) transportation;
       ``(iv) program staffing;
       ``(v) textbooks, syllabi, or other scholastic educational 
     program materials;
       ``(vi) speaker fees; and
       ``(vii) administrative expenses, including expenses related 
     to--

       ``(I) the preparation of nonscholastic 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.
       ``(b) Nondiscriminatory Enrollment and Service Policy.--
       ``(1) In general.--Each educational organization shall 
     include a verifiable statement in all enrollment or 
     recruitment material that the educational organization does 
     not--
       ``(A) 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
       ``(B) 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.
       ``(2) Construction.--Nothing in this subsection shall be 
     construed to entitle a student to--
       ``(A) participation in an educational program or any 
     benefit associated with such program; or
       ``(B) a waiver of any fee charged for such participation or 
     benefit.
       ``(c) Enforcement.--The Secretary shall--
       ``(1)(A) widely disseminate information about the 
     requirements of this section 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 section; and
       ``(2) take whatever other steps the Secretary determines 
     are appropriate to enforce this section, 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 section; and
       ``(E) imposing civil fines (not to exceed $1,000 per 
     violation) on educational organizations that knowingly 
     violate this section.
       ``(d) Definitions.--As used in this section:
       ``(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) The definition in subparagraph (A) shall not 
     include--
       ``(i) a local educational agency, State educational agency, 
     a State department of education, or an elementary or 
     secondary school as defined by the Elementary and Secondary 
     Education Act of 1965;
       ``(ii) an institution of higher education as defined by 
     section 1201(a) of the Higher Education Act of 1965; 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 subsection (a) only, such term 
     does not include an organization or entity that provides an 
     educational program if such organization or entity--
       ``(i) recruits, for participation in such program, solely 
     through a local school official; and
       ``(ii) does not offer a local school official, teacher, or 
     other school personnel compensation (other than compensation 
     for actual expenses incurred in performing chaperon 
     activities or for participating in separate, professionally-
     staffed teacher training and technical assistance seminars 
     and workshops related to such program) or any other 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 one 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 years.
       ``(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.''.

              PART D--ADMINISTRATION OF EDUCATION PROGRAMS

     SEC. 241. JOINT FUNDING OF PROGRAMS.

       Section 430 of the Act (as redesignated by section 
     212(b)(1)) (20 U.S.C. 1231) is amended to read as follows:


                      ``joint funding of programs

       ``Sec. 430. (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 statutes 
     authorizing the appropriation of such funds, and shall be 
     made available by contract or grant only to recipients 
     eligible to receive such funds under such statutes.
       ``(3) If the Secretary enters into an agreement under this 
     subsection for the administration of a project, the agency 
     administering the project shall use such agency's procedures 
     to award contracts or grants and to administer such 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.
       ``(c) The Secretary may not construe the provisions of this 
     section to take precedence over a limitation on joint funding 
     contained in an applicable statute.
       ``(d)(1) The Secretary shall provide notice to the 
     Committee on Education and Labor of the House of 
     Representatives and to the Committee on Labor and Human 
     Resources of the Senate of each joint funding agreement made 
     with other Federal agencies not later than 60 days after the 
     making of such agreements.
       ``(2) Such notice shall include--
       ``(A) a description of the purpose and objectives of the 
     joint funding arrangement;
       ``(B) the amounts and sources, by program, of the funds 
     dedicated to such arrangement; and
       ``(C) the criteria developed to govern the award of 
     contracts and grants.''.

     SEC. 242. COLLECTION AND DISSEMINATION OF INFORMATION.

       Section 431 of the Act (as redesignated by section 
     212(b)(1)) (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 432 of the Act (as redesignated by section 
     212(b)(1)) (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. PARENTAL INVOLVEMENT AND DISSEMINATION.

       The matter preceding paragraph (1) of section 434 of the 
     Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1231d) 
     is amended--
       (1) in the first sentence--
       (A) by striking ``Commissioner'' and inserting 
     ``Secretary''; and
       (B) by striking ``he'' and inserting ``the Secretary''; and
       (2) in the second sentence by inserting ``is made'' after 
     ``such determination''.

     SEC. 245. USE OF FUNDS WITHHELD.

       Section 435 of the Act (as redesignated by section 
     212(b)(1)) (20 U.S.C. 1231e) is amended to read as follows:


                        ``USE OF FUNDS WITHHELD

       ``Sec. 435. (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 such 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. 246. APPLICATIONS.

       Section 436 of the Act (as redesignated by section 
     212(b)(1)) (20 U.S.C. 1231g) is amended--
       (1) in subsection (a), by striking ``for three fiscal 
     years'' and inserting ``for more than one fiscal year''; and
       (2) by striking ``Commissioner'' each place such term 
     appears and inserting ``Secretary''.

     SEC. 247. REGULATIONS.

       Section 437 of the Act (as redesignated by section 
     212(b)(1)) (20 U.S.C. 1232) is amended to read as follows:


                             ``regulations

       ``Sec. 437. (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 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 regulations shall be uniformly applied and 
     enforced throughout the 50 States.
       ``(d) The exemption for public property, loans, grants and 
     benefits in section 553(a)(2) of title 5, United States Code, 
     shall apply only to regulations--
       ``(1) that govern the first grant competition under a new 
     or substantially revised program authority as determined by 
     the Secretary; 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) Not later than 60 days after the date of enactment of 
     any Act, or any portion 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 
     portion of such Act. Such schedule shall provide that all 
     such final regulations shall be promulgated within 360 days 
     after the date of enactment of such Act or portion of such 
     Act.
       ``(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. 248. RECORDS; REDUCTION IN RETENTION REQUIREMENTS.

       Section 443 of the Act (as redesignated by section 
     212(b)(1)) (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) in the last sentence, by striking ``five'' and 
     inserting ``three''; 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. 249. PRIVACY RIGHTS.

       Section 444 of the Act (as redesignated by section 
     212(b)(1)) (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;
       (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) by amending subparagraph (E) to read as follows:
       ``(E) State and local officials or authorities to whom such 
     information is specifically allowed to be reported or 
     disclosed pursuant to State statute adopted--
       ``(i) before November 19, 1974, if the allowed reporting or 
     disclosure concerns the juvenile justice system and such 
     system's ability to effectively serve the student whose 
     records are released, or
       ``(ii) after November 19, 1974, if--
       ``(I) the allowed reporting or disclosure concerns the 
     juvenile justice system and such system's ability to 
     effectively serve, prior to adjudication, the student whose 
     records are released; and
       ``(II) the officials and authorities to whom such 
     information is disclosed certify in writing to the 
     educational agency or institution that the information will 
     not be disclosed to any other party except as provided under 
     State law without the prior written consent of the parent of 
     the student.'';
       (iii) in subparagraph (H), by striking ``and'' after the 
     semicolon;
       (iv) in subparagraph (I), by striking the period and 
     inserting ``; and''; and
       (v) 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) in the matter preceding subparagraph (A), by striking 
     the period and inserting ``, unless--''; and
       (ii) in subparagraph (B), by inserting ``except as provided 
     in paragraph (1)(J),'' before ``such information''; and
       (C) in subparagraph (B) of paragraph (4), by adding at the 
     end the following new sentence: ``If a third party outside 
     the educational agency or institution permits access to 
     information in violation of paragraph (2)(A), 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 not less than five 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 procedures, or identify existing 
     regulations or procedures, 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 concerning disciplinary action taken 
     against such student for conduct that posed 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.''.

     SEC. 250. ENFORCEMENT.

       (a) Recovery of Funds.--Section 452 of the Act (20 U.S.C. 
     1234a) is amended--
       (1) in the first sentence of paragraph (2) of subsection 
     (a), by striking ``stating'' and all that follows through the 
     end of such sentence and inserting ``establishing a prima 
     facie case for the recovery of funds, including an analysis 
     reflecting the value of the program services actually 
     obtained in a determination of harm to the Federal 
     interest.'';
       (2) in the first sentence of paragraph (1) of subsection 
     (b), by striking ``30'' and inserting ``60''; and
       (3) in subsection (d), by--
       (A) striking ``(d) Upon'' and inserting ``(d)(1) Upon''; 
     and
       (B) adding at the end the following new paragraph:
        ``(2) During the conduct of such review, there shall not 
     be any ex parte contact between the Secretary and individuals 
     representing the Department or the recipient.''.
       (b) Use of Recovered Funds.--Section 459 of the Act (20 
     U.S.C. 1234h) is amended--
       (1) in paragraph (1) of subsection (a), by inserting ``, 
     provided that the recipient was notified of any noncompliance 
     with such requirements and given a reasonable period of time 
     to remedy such noncompliance'' before the semicolon; and
       (2) by amending subsection (c) to read as follows:
       ``(c) Notwithstanding any other provisions of law, the 
     funds made available under this section shall remain 
     available for expenditure for a period of time deemed 
     reasonable by the Secretary, but in no case to exceed more 
     than three fiscal years following the later of--
       ``(1) the fiscal year in which final agency action under 
     section 452(e) is taken; or
       ``(2) if such recipient files a petition for judicial 
     review, the fiscal year in which final judicial action under 
     section 458 is taken.''.

              PART E--TECHNICAL AND CONFORMING AMENDMENTS

     SEC. 261. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Payments.--Section 423 of the Act (as redesignated by 
     section 212(b)(1)) (20 U.S.C. 1226a-1) is amended by striking 
     ``Commissioner'' and inserting ``Secretary''.
       (b) Program Planning and Evaluation.--Section 426 of the 
     Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1228) 
     is amended--
       (1) by striking ``title I of'' and all that follows through 
     ``Congress)'' and inserting ``title VIII 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 8003 of such Act or residing on 
     property described in section 8013(10) of such Act''.
       (c) 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''.
       (d) Section 439.--Section 439 of the Act (as redesignated 
     by section 212(b)(1)) (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 440.--
       (1) Amendment to heading.--The heading for section 440 of 
     the Act (as redesignated by section 212(b)(1)) (20 U.S.C. 
     1232c) is amended by striking ``Educational''.
       (2) Amendment to text.--Section 440 of the Act (as 
     redesignated by section 212(b)(1)) (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 441.--Section 441 of the Act (as redesignated 
     by section 212(b)(1)) (20 U.S.C. 1232d) is amended--
       (1) by striking ``Commissioner'' each place such term 
     appears and inserting ``Secretary''; and
       (2) in the first sentence of 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 C of title V of the Elementary and Secondary Education 
     Act of 1965''.
       (g) Section 442.--Section 442 of the Act (as redesignated 
     by section 212(b)(1)) (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 subparagraph (B) of paragraph (7), by striking 
     ``handicapped individuals'' and inserting ``individuals with 
     disabilities''.
       (h) Section 444.--Section 444 of the Act (as redesignated 
     by section 212(b)(1) and amended by section 249) (20 U.S.C. 
     1232g) is further amended--
       (1) in clause (ii) of subsection (a)(4)(B), by striking the 
     period and inserting a semicolon;
       (2) in subsection (b)--
       (A) in subparagraph (C) of paragraph (1), by striking 
     ``(iii) an administrative head of an education agency (as 
     defined in section 408(c)), or (iv)'' and inserting ``or 
     (iii)'';
       (B) in subparagraph (H) of paragraph (1), 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''.
       (i) Conforming Amendment and Cross References.--
       (1) Carl d. perkins vocational and applied technology 
     education act.--Subsection (b) of section 504 of the Carl D. 
     Perkins Vocational and Applied Technology Education Act (20 
     U.S.C. 2466a(b)) is amended--
       (A) by striking ``240-day'' and inserting ``360-day''; and
       (B) by striking ``431(g)'' and inserting ``437(e)''.
       (2) Higher education act of 1965.--Subsection (c) of 
     section 556 of the Higher Education Act of 1965 (20 U.S.C. 
     1108d(c)) is amended by striking ``435 and 436'' and 
     inserting ``441 and 442''.
       (3) Education and training for a competitive america act of 
     1988.--Paragraph (1) of section 6144 of the Education and 
     Training for a Competitive America Act of 1988 (20 U.S.C. 
     5124(1)) is amended by striking ``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 (20 U.S.C. 6041(h))''.

                PART F--RELATED AMENDMENTS TO OTHER ACTS

     SEC. 271. DEPARTMENT OF EDUCATION ORGANIZATION ACT.

       (a) Repeals and Redesignations.--
       (1) Repeals.--Section 427 of the Department of Education 
     Organization Act (20 U.S.C. 3487) (hereafter in this part 
     referred to as the ``Act'') is repealed.
       (2) Redesignation.--Sections 209, 210, 211, 212, 214, 303, 
     304, 305, 306, 307, and 428 of the Act are redesignated as 
     sections 208, 209, 210, 211, 212, 302, 303, 304, 305, 306, 
     and 427 of the Act, respectively.
       (3) Cross references.--(A) Paragraph (2) of section 401(b) 
     of the Act (20 U.S.C. 3461(b)(2)) is amended by striking 
     ``209'' and inserting ``208''.
       (B) Paragraph (9) of section 912(l) of the Educational 
     Research, Development, Dissemination, and Improvement Act of 
     1994 (20 U.S.C. 6011(l)(9)) is amended by striking ``209'' 
     and inserting ``208''.
       (b) Gender Equity.--Subsection (b) of section 202 of the 
     Act (20 U.S.C. 3412) is amended by inserting after paragraph 
     (2) the following new paragraph:
       ``(3) There shall be in the Department, a Special Assistant 
     for Gender Equity who shall be appointed by the Secretary. 
     The Special Assistant shall promote, coordinate, and evaluate 
     gender equity programs, including the dissemination of 
     information, technical assistance, and coordination of 
     research activities. The Special Assistant shall advise the 
     Secretary and Deputy Secretary on all matters relating to 
     gender equity.''.
       (c) Office of Non-public Education.--Title II of the Act 
     (20 U.S.C. 3411 et seq.) is amended by adding immediately 
     before section 215 the following new section:


                    ``OFFICE OF NON-PUBLIC EDUCATION

       ``Sec. 214. There shall be in the Department an Office of 
     Non-Public Education to ensure the maximum potential 
     participation of non-public school students in all Federal 
     educational programs for which such students are eligible.''.
       (d) Rules; Acquisition and Maintenance of Property.--Part B 
     of title IV of the Act (20 U.S.C. 3471 et seq.) is amended--
       (1) in section 414 (20 U.S.C. 1226a)--
       (A) by striking ``(a)''; and
       (B) by striking subsection (b); and
       (2) in section 421 (20 U.S.C. 1230), by inserting ``and to 
     accept donations of services,'' after ``personal,''.
       (e) Table of Contents.--The table of contents contained in 
     section 1 of the Act (20 U.S.C. 3401 note) is amended to read 
     as follows:

                          ``TABLE OF CONTENTS

``Sec. 1. Short title; table of contents.

                     ``TITLE I--GENERAL PROVISIONS

``Sec. 101. Findings.
``Sec. 102. Purposes.
``Sec. 103. Federal-State Relationships.
``Sec. 104. Definitions.

              ``TITLE II--ESTABLISHMENT OF THE DEPARTMENT

``Sec. 201. Establishment.
``Sec. 202. Principal officers.
``Sec. 203. Office for Civil Rights.
``Sec. 204. Office of Elementary and Secondary Education.
``Sec. 205. Office of Postsecondary Education.
``Sec. 206. Office of Vocational and Adult Education.
``Sec. 207. Office of Special Education and Rehabilitative Services.
``Sec. 208. Office of Educational Research and Improvement.
``Sec. 209. Office of Bilingual Education and Minority Languages 
              Affairs.
``Sec. 210. Office of General Counsel.
``Sec. 211. Office of Inspector General.
``Sec. 212. Office of Non-Public Education.
``Sec. 213. Office of Indian Education.
``Sec. 214. Office of Non-Public Education.
``Sec. 215. Office of Indian Education.
``Sec. 216. Office of Bilingual Education and Minority Languages 
              Affairs.
``Sec. 217. Federal Interagency Committee on Education.

            ``TITLE III--TRANSFERS OF AGENCIES AND FUNCTIONS

``Sec. 301. Transfers from the Department of Health, Education, and 
              Welfare.
``Sec. 302. Transfers from the Department of Labor.
``Sec. 303. Transfers of programs from the National Science Foundation.
``Sec. 304. Transfers from the Department of Justice.
``Sec. 305. Transfers from the Department of Housing and Urban 
              Development.
``Sec. 306. Effect of transfers.

                 ``TITLE IV--ADMINISTRATIVE PROVISIONS

                     ``Part A--Personnel Provisions

``Sec. 401. Officers and employees.
``Sec. 402. Experts and consultants.
``Sec. 403. Personnel reduction and annual limitations.

              ``Part B--General Administrative Provisions

``Sec. 411. General authority.
``Sec. 412. Delegation.
``Sec. 413. Reorganization.
``Sec. 414. Rules.
``Sec. 415. Contracts.
``Sec. 416. Regional and field offices.
``Sec. 417. Acquisition and maintenance of property.
``Sec. 418. Facilities at remote locations.
``Sec. 419. Use of facilities.
``Sec. 420. Copyrights and patents.
``Sec. 421. Gifts and bequests.
``Sec. 422. Technical advice.
``Sec. 423. Working capital fund.
``Sec. 424. Funds transfer.
``Sec. 425. Seal of department.
``Sec. 426. Annual report.
``Sec. 427. Authorization of appropriations.

      ``TITLE V--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

``Sec. 501. Transfer and allocation of appropriations and personnel.
``Sec. 502. Effect on personnel.
``Sec. 503. Agency terminations.
``Sec. 504. Incidental transfers.
``Sec. 505. Savings provisions.
``Sec. 506. Separability.
``Sec. 507. Reference.
``Sec. 508. Amendments.
``Sec. 509. Redesignation.
``Sec. 510. Coordination of programs affecting handicapped individuals.
``Sec. 511. Transition.

          ``TITLE VI--EFFECTIVE DATE AND INTERIM APPOINTMENTS

``Sec. 601. Effective date.
``Sec. 602. Interim appointments.''.

     SEC. 272. THE REHABILITATION ACT OF 1973.

       Section 9 of the Rehabilitation Act of 1973 (29 U.S.C. 706) 
     is repealed.
                  TITLE III--AMENDMENTS TO OTHER ACTS

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

     SEC. 311. ALLOCATIONS UNDER SECTION 611.

       (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. 1411(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 subparagraph (A) of paragraph (5)--
       (A) in clause (i)--
       (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 effect 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 inserting ``and'' after the comma at the end;
       (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 effect 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. 1411(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 effect 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 effect 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. 1411(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. 1411(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 effect 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) may use such funds to ensure that each local 
     educational agency that received for fiscal year 1994 under 
     such subpart for children who had transferred from a State-
     owned, 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. 1411(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 
     (until the Compact of Free Association with the Government of 
     Palau takes effect).''.
       (f) Insufficient Appropriations.--Subsection (g) of section 
     611 of the Act (20 U.S.C. 1411(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. 1411 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.

     SEC. 314. LOCAL CONTROL OVER VIOLENCE.

       (a) Amendments.--
       (1) In general.--Paragraph (3) of section 615(e) of the Act 
     (20 U.S.C. 1415(e)(3)) is amended--
       (A) by striking ``During'' and inserting ``(A) Except as 
     provided in subparagraph (B), during''; and
       (B) by adding at the end the following new subparagraph:
       ``(B)(i) Except as provided in clause (iii), if the 
     proceedings conducted pursuant to this section involve a 
     child with a disability who is determined to have brought a 
     weapon to school under the jurisdiction of such agency, then 
     the child may be placed in an interim alternative educational 
     setting, in accordance with State law, for not more than 45 
     days.
       ``(ii) The interim alternative educational setting 
     described in clause (i) shall be decided by the individuals 
     described in section 602(a)(20).
       ``(iii) If a parent or guardian of a child described in 
     clause (i) requests a due process hearing pursuant to 
     paragraph (2) of subsection (b), then the child shall remain 
     in the alternative educational setting described in such 
     clause during the pendency of any proceedings conducted 
     pursuant to this section, unless the parents and the local 
     educational agency agree otherwise.
       ``(iv) 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.''.
       (2) Effective date.--Paragraph (1) and the amendments made 
     by paragraph (1) shall be effective during the period 
     beginning on the date of enactment of this Act and ending on 
     the date of enactment of an Act (enacted after the date of 
     the enactment of this Act) that reauthorizes the Individuals 
     with Disabilities Education Act.
       (b) Limitation.--Nothing in the Individuals with 
     Disabilities Education Act shall supersede the provisions of 
     section 14601 of the Elementary and Secondary Education Act 
     if a child's behavior is unrelated to such child's 
     disability, except that this section shall be interpreted in 
     a manner that is consistent with the Department's final 
     guidance concerning State and local responsibilities under 
     the Gun-Free Schools Act of 1994.

     SEC. 315. FAMILY SUPPORT FOR FAMILIES OF CHILDREN WITH 
                   DISABILITIES.

       The Individuals with Disabilities Education Act (20 U.S.C. 
     1400 et seq.) is amended by adding at the end the following 
     new part:

                        ``PART I--FAMILY SUPPORT

     ``SEC. 701. SHORT TITLE.

       ``This part may be cited as the `Families of Children With 
     Disabilities Support Act of 1994'.

     ``SEC. 702. FINDINGS, PURPOSES, AND POLICY.

       ``(a) Findings.--The Congress makes the following findings:
       ``(1) It is in the best interest of our Nation to preserve, 
     strengthen, and maintain the family.
       ``(2) Families are the greatest natural resource available 
     to their children and are the major providers of support, 
     care, and training of their children.
       ``(3) Families of children with disabilities enrich the 
     lives of all citizens through the contributions of such 
     families to the economic, health, and social fabric of their 
     community, State, and Nation.
       ``(4) A growing number of families are searching for ways 
     to empower themselves to raise their children with 
     disabilities at home and in their communities. Supporting 
     such families to enable them to care for their children with 
     disabilities at home is efficient and can be cost-effective.
       ``(5) Children, including children with disabilities, 
     benefit from enduring family relationships in a nurturing 
     home environment.
       ``(6) Many families experience exceptionally high financial 
     outlays and significant physical and emotional challenges in 
     meeting the special needs of their children with 
     disabilities.
       ``(7) There are financial disincentives for families to 
     care for their children with disabilities at home.
       ``(8) Most families of children with disabilities do not 
     have access to family-centered and family-directed services 
     to support such families in their efforts to care for their 
     children with disabilities at home.
       ``(9) There is a need in each State for a comprehensive, 
     coordinated, interagency system of family support for 
     families of children with disabilities that is family-
     centered and family-directed, is easily accessible, avoids 
     duplication, uses existing resources more efficiently, and 
     prevents gaps in services to families in all areas of the 
     State.
       ``(10) The goals of the Nation properly include the goal of 
     providing families of children with disabilities the family 
     support necessary to accomplish the following:
       ``(A) To support the family.
       ``(B) To enable families of children with disabilities to 
     nurture and enjoy their children at home.
       ``(C) To enable families of children with disabilities to 
     make informed choices and decisions regarding the nature of 
     services, supports, and resources made available to such 
     families.
       ``(b) Purposes.--The purposes of this part are as follows:
       ``(1) To provide financial assistance to the States to 
     support systems change /activities designed to assist each 
     State to develop and implement, or expand and enhance, a 
     family-centered and family-directed, culturally competent, 
     community-centered, comprehensive, statewide system of family 
     support for families of children with disabilities that is 
     designed to--
       ``(A) ensure the full participation, choice and control of 
     families of children with disabilities in decisions related 
     to the provision of such family support for their family;
       ``(B) ensure the active involvement of families of children 
     with disabilities in the planning, development, 
     implementation, and evaluation of such a statewide system;
       ``(C) increase the availability of, funding for, access to, 
     and provision of family support for families of children with 
     disabilities;
       ``(D) promote training activities that are family-centered 
     and family-directed and that enhance the ability of family 
     members of children with disabilities to increase 
     participation, choice, and control in the provision of family 
     support for families of children with disabilities;
       ``(E) increase and promote interagency coordination among 
     State agencies, and between State agencies and private 
     entities that are involved in carrying out activities under 
     section 708; and
       ``(F) increase the awareness of laws, regulations, 
     policies, practices, procedures, and organizational 
     structures, which facilitate or impede the availability or 
     provision of family support for families of children with 
     disabilities.
       ``(2) To enhance the ability of the Federal Government to--
       ``(A) identify Federal policies that facilitate or impede 
     family support for families of children with disabilities, 
     and that are consistent with the principles in subsection 
     (c);
       ``(B) provide States with technical assistance and 
     information relating to the provision of family support for 
     families of children with disabilities;
       ``(C) conduct an evaluation of the program of grants to 
     States; and
       ``(D) provide funding for model demonstration and 
     innovation projects.
       ``(c) Policy.--It is the policy of the United States that 
     all programs, projects, and activities receiving assistance 
     under this part shall be family-centered and family-directed 
     and shall be carried out in a manner consistent with the 
     following principles:
       ``(1) Family support for families of children with 
     disabilities must focus on the needs of the entire family.
       ``(2) Families of children with disabilities should be 
     supported in determining their needs and in making decisions 
     concerning necessary, desirable, and appropriate services.
       ``(3) Families should play decisionmaking roles in policies 
     and programs that affect the lives of such families.
       ``(4) Family needs change over time and family support for 
     families of children with disabilities must offer options 
     that are flexible and responsive to the unique needs and 
     strengths and cultural values of individual families.
       ``(5) Family support for families of children with 
     disabilities is proactive and not solely in response to a 
     crisis.
       ``(6) Families must be supported in their efforts to 
     promote the integration and inclusion of their children with 
     disabilities into all aspects of community life.
       ``(7) Family support for families of children with 
     disabilities should promote the use of existing social 
     networks, strengthen natural sources of support, and help 
     build connections to existing community resources and 
     services.
       ``(8) Youth with disabilities should be involved in 
     decisionmaking about their own lives, consistent with the 
     unique strengths, resources, priorities, concerns, abilities, 
     and capabilities of each such youth.
       ``(9) Services and supports must be provided in a manner 
     that demonstrates respect for individual dignity, personal 
     responsibility, self-determination, personal preferences, and 
     cultural differences of families.
       ``(d) Rule of Construction.--Nothing in this part shall be 
     construed to prevent families from choosing an out-of-home 
     placement for their children with disabilities, including 
     institutional placement for such children.

     ``SEC. 703. DEFINITIONS.

       ``For the purposes of this part, only the following 
     definitions shall apply:
       ``(1) Child with a disability.--The term `child with a 
     disability' means an individual who from birth through 21 
     years of age meets the definition of disability under 
     paragraph (4).
       ``(2) Council.--The term `Council' means an existing 
     Council, or a new Council, which is considered as a State 
     Policy Council for Families of Children with Disabilities 
     under section 707.
       ``(3) Culturally competent.--The term `culturally 
     competent' means services, supports, or other assistance that 
     is conducted or provided in a manner that--
       ``(A) is responsive to the beliefs, interpersonal styles, 
     attitudes, language, and behaviors of those individuals 
     receiving services; and
       ``(B) has the greatest likelihood of ensuring maximum 
     participation of such individuals.
       ``(4) Disability.--The term `disability' means--
       ``(A) in the case of an individual 6 years of age or older, 
     a significant physical or mental impairment as defined 
     pursuant to State policy to the extent that such policy is 
     established without regard to type of disability; and
       ``(B) in the case of infants and young children, birth to 
     age 5, inclusive, a substantial developmental delay or 
     specific congenital or acquired conditions with a high 
     probability of resulting in a disability if services are not 
     provided.
       ``(5) Existing council.--The term `existing Council' means 
     an entity or a committee of an entity that--
       ``(A) is established by a State prior to the date on which 
     the State submits an application for funding under this part;
       ``(B) has authority to advise the State with respect to 
     family support for families of children with disabilities; 
     and
       ``(C) may have the authority to carry out other 
     responsibilities and duties.
       ``(6) Family.--The term `family' means a group of 
     interdependent persons residing in the same household that 
     consists of a child with a disability and one or more of the 
     following:
       ``(A) A mother, father, brother, sister or any combination.
       ``(B) Extended blood relatives, such as a grandparent, 
     aunt, or uncle.
       ``(C) An adoptive parent.
       ``(D) One or more persons to whom legal custody of a child 
     with a disability has been given by a court.
       ``(E) A person providing short-term foster care that 
     includes a family reunification plan with the biological 
     family.
       ``(F) A person providing long-term foster care for a child 
     with a disability.
     The term does not include employees who, acting in their paid 
     employment capacity, provide services to children with 
     disabilities in out-of-home settings such as hospitals, 
     nursing homes, personal care homes, board and care homes, 
     group homes, or other facilities.
       ``(7) Family-centered and family-directed.--The term 
     `family-centered and family-directed' means, with respect to 
     a service or program, that the service or program--
       ``(A) facilitates the full participation, choice, and 
     control by families of children with disabilities in--
       ``(i) decisions relating to the supports that will meet the 
     priorities of the family; and
       ``(ii) the planning, development, implementation, and 
     evaluation of the statewide system of family support for 
     families of children with disabilities;
       ``(B) responds to the needs of the entire family of a child 
     with a disability in a timely and appropriate manner; and
       ``(C) is easily accessible to and usable by families of 
     children with disabilities.
       ``(8) Family satisfaction.--The term `family satisfaction' 
     means the extent to which a service or support meets a need, 
     solves a problem, or adds value for a family, as determined 
     by the individual family.
       ``(9) Family support for families of children with 
     disabilities.--The term `family support for families of 
     children with disabilities'--
       ``(A) means supports, resources, services, and other 
     assistance provided to families of children with disabilities 
     that are designed to--
       ``(i) support families in the efforts of such families to 
     raise their children with disabilities in the family home;
       ``(ii) strengthen the role of the family as primary 
     caregiver;
       ``(iii) prevent inappropriate and unwanted out-of-the-home 
     placement and maintain family unity; and
       ``(iv) reunite families with children with disabilities who 
     have been placed out of the home, whenever possible; and
       ``(B) includes--
       ``(i) service coordination that includes individualized 
     planning and brokering for services with families in control 
     of decisionmaking;
       ``(ii) goods and services, which may include specialized 
     diagnosis and evaluation, adaptive equipment, respite care 
     (in and out of the home), personal assistance services, 
     homemaker or chore services, behavioral supports, assistive 
     technology services and devices, permanency or future 
     planning, home and vehicle modifications and repairs, 
     equipment and consumable supplies, transportation, 
     specialized nutrition and clothing, counseling services and 
     mental health services for family members, family education 
     or training services, communication services, crisis 
     intervention, day care and child care for a child with a 
     disability, supports and services for integrated and 
     inclusive community activities, parent or family member 
     support groups, peer support, sitter service or companion 
     service, and education aids; and
       ``(iii) financial assistance, which may include 
     discretionary cash subsidies, allowances, voucher or 
     reimbursement systems, low-interest loans, or lines of 
     credit.
       ``(10) Integration and inclusion.--The term `integration 
     and inclusion' with respect to children with disabilities and 
     their families means--
       ``(A) the use of the same community resources that are used 
     by and available to other individuals and families;
       ``(B) the full and active participation in the same 
     community activities and utilization of the same community 
     resources as individuals without disabilities, living, 
     learning, working, and enjoying life in regular contact with 
     individuals without disabilities; and
       ``(C) having friendships and relationships with individuals 
     and families of their own choosing.
       ``(11) Lead entity.--The term `lead entity' means an office 
     or entity described in section 706.
       ``(12) New council.--The term `new Council' means a council 
     that is established by a State, and considered as the State 
     Policy Council for Families of Children with Disabilities, 
     under section 707(a).
       ``(13) Secretary.--The term `Secretary' means the Secretary 
     of Health and Human Services.
       ``(14) Service coordination.--The term `service 
     coordination'--
       ``(A) means those family-centered and family-directed 
     activities that assist and enable families to receive rights 
     and procedural safeguards and to gain access to social, 
     medical, legal, educational, and other supports and services; 
     and
       ``(B) includes--
       ``(i) follow-along services that assure, through a 
     continuing relationship between a family of a child with a 
     disability and an individual or entity, that the changing 
     needs of the child and family are recognized and 
     appropriately met;
       ``(ii) the coordination and monitoring of services provided 
     to children with disabilities and their families;
       ``(iii) the provision of information to children with 
     disabilities and their families about the availability of 
     services and assistance to such children and their families 
     in obtaining appropriate services; and
       ``(iv) the facilitation and organization of existing social 
     networks, and natural sources of support, and community 
     resources and services.
       ``(15) Statewide system of family support.--The term 
     `statewide system of family support for families of children 
     with disabilities' means a family-centered and family-
     directed, culturally competent, community-centered, 
     comprehensive, statewide system of family support for 
     families of children with disabilities developed and 
     implemented by a State under this part that--
       ``(A) addresses the needs of all families of children with 
     disabilities, including unserved and underserved populations; 
     and
       ``(B) addresses such needs without regard to the age, type 
     of disability, race, ethnicity, or gender of such children or 
     the particular major life activity for which such children 
     need the assistance.
       ``(16) Systems change activities.--The term `systems change 
     activities' means efforts that result in laws, regulations, 
     policies, practices, or organizational structures--
       ``(A) that are family-centered and family-directed;
       ``(B) that facilitate and increase access to, provision of, 
     and funding for, family support services for families of 
     children with disabilities; and
       ``(C) that otherwise accomplish the purposes of this part.
       ``(17) Unserved and underserved populations.--The term 
     `unserved and underserved populations' includes populations 
     such as individuals from racial and ethnic minority 
     backgrounds, economically disadvantaged individuals, 
     individuals with limited-English proficiency, individuals 
     from underserved geographic areas (rural or urban), and 
     specific groups of individuals within the population of 
     individuals with disabilities, including individuals with 
     disabilities attributable to physical impairment, mental 
     impairment, or a combination of physical and mental 
     impairments.

     ``SEC. 704. GRANTS TO STATES.

       ``(a) In General.--The Secretary shall make grants to 
     States on a competitive basis, in accordance with the 
     provisions of this part, to support systems change activities 
     designed to assist States to develop and implement, or expand 
     and enhance, a statewide system of family support for 
     families of children with disabilities that accomplishes the 
     purposes described in section 702.
       ``(b) Award Period and Grant Limitation.--No grant shall be 
     awarded for a period greater than 3 years. A State shall be 
     eligible for not more than one grant.
       ``(c) Amount of Grants.--
       ``(1) Grants to states.--
       ``(A) Federal matching share.--From amounts appropriated 
     under section 716(a), the Secretary shall pay to each State 
     that has an application approved under section 705, for each 
     year of the grant period, an amount that is--
       ``(i) equal to 75 percent of the cost of the systems change 
     activities to be carry out by the State; and
       ``(ii) not less than $200,000 and not more than $500,000.
       ``(B) Non-Federal Share.--The non-Federal share of payments 
     under this paragraph may be in cash or in kind fairly 
     evaluated, including planned equipment or services.
       ``(2) Grants to territories.--From amounts appropriated 
     under section 716(a) for any fiscal year, the Secretary shall 
     pay to each territory that has an application approved under 
     section 705 not more than $100,000.
       ``(3) Calculation of amounts.--The Secretary shall 
     calculate a grant amount described in paragraph (1) or (2) on 
     the basis of the following:
       ``(A) The amounts available for making grants under this 
     section.
       ``(B) The child population of the State or territory 
     concerned.
       ``(4) Definitions.--As used in this subsection:
       ``(A) State.--The term `State' means each of the 50 States 
     of the United States, the District of Columbia, and the 
     Commonwealth of Puerto Rico.
       ``(B) Territory.--The term `territory' means the United 
     States Virgin Islands, Guam, American Samoa, the Commonwealth 
     of the Northern Mariana Islands, or the Republic of Palau 
     (upon the entry into force and effect of the Compact of Free 
     Association between the United States and the Republic of 
     Palau).
       ``(d) Priority for Previously Participating States.--
     Amounts appropriated for purposes of carrying out the 
     provisions of this section in each of the 2 fiscal years 
     succeeding the fiscal year in which amounts are first 
     appropriated for such purposes shall first be made available 
     to a State that--
       ``(1) received a grant under this section during the fiscal 
     year preceding the fiscal year concerned; and
       ``(2) is making significant progress in accordance with 
     section 710.
       ``(e) Priorities for Distribution.--To the extent 
     practicable, the Secretary shall award grants to States under 
     this section in a manner that--
       ``(1) is geographically equitable; and
       ``(2) distributes the grants among States that have 
     differing levels of development of statewide systems of 
     family support for families of children with disabilities.

     ``SEC. 705. APPLICATION.

       ``A State that desires to receive a grant under this part 
     shall submit an application to the Secretary that contains 
     the following information and assurances:
       ``(1) Family-centered and family-directed approach.--An 
     assurance that the State will use funds made available under 
     this part to accomplish the purposes described in section 702 
     and the goals, objectives, and family-centered outcomes 
     described in section 709(b) by carrying out systems change 
     activities in partnership with families and in a manner that 
     is family-centered and family-directed.
       ``(2) Designation of the lead entity.--Information 
     identifying the lead entity, and evidence documenting the 
     abilities of such entity.
       ``(3) State policy council for families of children with 
     disabilities.--An assurance of the following:
       ``(A) The State has designated or established Council that 
     meets the criteria set forth in section 707.
       ``(B) The lead entity will seek and consider on a regular 
     and ongoing basis advice from the Council regarding the 
     development and implementation of the strategic plan under 
     section 709, and other policies and procedures of general 
     applicability pertaining to the provision of family support 
     for families of children with disabilities in the State.
       ``(C) The lead entity will include, in its annual progress 
     reports, a summary of advice provided by the Council, 
     including recommendations from the annual report of the 
     Council and the response of the lead entity to such advice 
     and recommendations.
       ``(D) The lead entity will transmit to the Council any 
     other plans, reports, and other information required under 
     this part.
       ``(4) Family involvement.--A description of the following:
       ``(A) The nature and extent of the involvement of families 
     of children with disabilities and individuals with 
     disabilities in the development of the application.
       ``(B) Strategies for actively involving families of 
     children with disabilities and individuals with disabilities 
     in the development, implementation, and evaluation of the 
     statewide system of family support for families of children 
     with disabilities.
       ``(C) Strategies and special outreach activities that will 
     be undertaken to ensure the active involvement of families of 
     children with disabilities who are members of unserved and 
     underserved populations.
       ``(D) Strategies for actively involving families of 
     children with disabilities who use family support services in 
     decisions relating to such services.
       ``(5) Agency involvement.--A description of the nature and 
     extent of involvement of various State agencies or units 
     within State agencies in the preparation of the application 
     and the continuing role of each agency in the statewide 
     system of family support for families of children with 
     disabilities.
       ``(6) State resources.--A description of the State 
     resources and other resources that are available to commit to 
     the statewide system of family support for families of 
     children with disabilities.
       ``(7) Unmet needs.--A description of unmet needs for family 
     support for families of children with disabilities within the 
     State.
       ``(8) Preliminary plan.--A preliminary plan that contains 
     information on the program to be carried out under the grant 
     with respect to the goals and objectives of the State for the 
     program and the activities that the State plans to carry out 
     under the program (including the process for appointing 
     individuals to the Council) and that is consistent with the 
     purposes of this part.
       ``(9) Activities.--An assurance that, except for the first 
     year of the grant, the State shall expend not less than 65 
     percent of the funds made available to a State under this 
     part for grants and contracts to conduct the activities 
     described in section 708.
       ``(10) Limit on administrative costs.--An assurance that 
     the lead entity that receives funding under this part in any 
     fiscal year shall use not more than 5 percent of such funds 
     in such year for administrative expenses. Such administrative 
     expenses shall not include expenses related to the activities 
     of the Council.
       ``(11) Strategic plan.--A description of the measures that 
     will be taken by the State to develop a strategic plan in 
     accordance with section 709.
       ``(12) Evaluation.--An assurance that the State will 
     conduct an annual evaluation of the statewide system of 
     family support for families of children with disabilities in 
     accordance with section 710.
       ``(13) Coordination with state and local councils.--An 
     assurance that the lead entity will coordinate the activities 
     funded through a grant made under this part with the 
     activities carried out by other relevant councils within the 
     State.
       ``(14) Supplement other funds.--An assurance, with respect 
     to amounts received under a grant, of the following:
       ``(A) Such grant will be used to supplement and not 
     supplant amounts available from other sources that are 
     expended for programs of family support for families of 
     children with disabilities, including the provision of family 
     support.
       ``(B) Such grant will not be used to pay a financial 
     obligation for family support for families of children with 
     disabilities that would have been paid with amounts available 
     from other sources if amounts under such grant had not been 
     available.
       ``(15) Other information and assurances.--Such other 
     information and assurances as the Secretary may reasonably 
     require.

     ``SEC. 706. DESIGNATION OF THE LEAD ENTITY.

       ``(a) Designation.--The Chief Executive Officer of a State 
     that desires to receive a grant under section 704, shall 
     designate the office or entity (referred to in this part as 
     the ``lead entity '') responsible for--
       ``(1) submitting the application under section 705 on 
     behalf of the State;
       ``(2) administering and supervising the use of the amounts 
     made available under the grant;
       ``(3) coordinating efforts related to and supervising the 
     preparation of the application;
       ``(4) coordinating the planning, development, 
     implementation (or expansion and enhancement), and evaluation 
     of a statewide system of family support services for families 
     of children with disabilities among public agencies and 
     between public agencies and private agencies, including 
     coordinating efforts related to entering into interagency 
     agreements; and
       ``(5) coordinating efforts related to the meaningful 
     participation by families in activities carried out under a 
     grant awarded under this part.
       ``(b) Qualifications.--In designating the lead entity, the 
     Chief Executive Officer may designate--
       ``(1) an office of the Chief Executive Officer;
       ``(2) a commission appointed by the Chief Executive 
     Officer;
       ``(3) a public agency;
       ``(4) a council established under Federal or State law; or
       ``(5) another appropriate office, agency, or entity.
       ``(c) Capabilities of the Lead Entity.--The State shall 
     provide, in accordance with the requirements of section 705, 
     evidence that the lead entity has the capacity--
       ``(1) to promote a statewide system of family support for 
     families of children with disabilities throughout the State;
       ``(2) to promote and implement systems change activities;
       ``(3) to maximize access to public and private funds for 
     family support services for families of children with 
     disabilities;
       ``(4) to implement effective strategies for capacity 
     building, family and professional training, and access to and 
     funding for family support services for families of children 
     with disabilities across agencies;
       ``(5) to promote and facilitate the implementation of 
     family support services for families of children with 
     disabilities that are family-centered and family-directed, 
     and flexible, and that provide families with the greatest 
     possible decisionmaking authority and control regarding the 
     nature and use of services and supports;
       ``(6) to promote leadership by families in planning, policy 
     development, implementation, and evaluation of family support 
     services for families of children with disabilities, and 
     parent-professional partnerships; and
       ``(7) to promote and develop interagency coordination and 
     collaboration.

     ``SEC. 707. STATE POLICY COUNCIL FOR FAMILY SUPPORT FOR 
                   FAMILIES OF CHILDREN WITH DISABILITIES.

       ``(a) Designation or Establishment.--A State that desires 
     to receive financial assistance under this part shall, prior 
     to the receipt of funds under this part, designate an 
     existing Council, or establish a new Council, to be 
     considered as a State Policy Council for Families of Children 
     with Disabilities.
       ``(b) Use of Existing Council.--
       ``(1) In general.--To the extent that a State has an 
     existing Council, the existing Council shall be considered in 
     compliance with this section if the existing Council meets 
     the requirements under paragraph (2).
       ``(2) Requirements.--An existing Council shall--
       ``(A) include a majority of members who are family members 
     of children with disabilities and who are children with 
     disabilities (from age 18 to 21);
       ``(B) in the case in which the existing Council does not 
     represent the full range of families and individuals 
     described in subsection (d)(1), adopt strategies that will 
     ensure the full participation of such families and 
     individuals in all activities carried out by the Council; and
       ``(C) carry out functions and authorities that are 
     comparable to the functions and authorities described in 
     subsections (e) through (h).
       ``(3) Documentation of compliance.--Any State that has an 
     existing Council shall include in a grant application 
     submitted under section 705 and in subsequent annual progress 
     reports submitted to the Secretary under section 710, a 
     description of the measures that are being taken or that are 
     planned, to ensure that the existing Council of the State 
     complies with this section.
       ``(c) Appointments to New Council.--
       ``(1) Members.--To the extent that a State establishes a 
     new Council, members of the new Council shall be appointed by 
     the Chief Executive Officer of the State or the appropriate 
     official within the State responsible for making appointments 
     in accordance with subsection (d). The appointing authority 
     shall select members after soliciting recommendations from 
     the State Developmental Disabilities Council, parent or 
     family organizations, and other organizations representing 
     the full range of disabilities covered under this part. The 
     appointing authority shall ensure that the membership of the 
     new Council reasonably represents the population of the State 
     and shall establish guidelines for the terms of the members 
     of the new Council.
       ``(2) Chairperson.--The new Council shall elect a member of 
     the new Council to serve as the Chairperson of the new 
     Council. The Chairperson shall be a family member, as 
     described in subsection (d)(1).
       ``(d) Composition.--The new Council shall be composed of--
       ``(1) a majority of members who are--
       ``(A) individuals who are family members of children with 
     disabilities, are eligible for family support, and represent 
     the diversity of families within the State, including those 
     families from unserved and underserved populations; and
       ``(B) children with disabilities, from age 18 to 21, and 
     are representative of the demographics of the State;
       ``(2) members--
       ``(A) who are from State agencies with significant 
     responsibility for the provision of, or payment for, family 
     support services to families of children with disabilities, 
     and who have sufficient authority to engage in policy 
     planning and implementation on behalf of such agencies; and
       ``(B) who are from the office of the Chief Executive 
     Officer of the State with responsibility with respect to 
     budget and finance; and
       ``(3) such additional members as the appointing authority 
     considers appropriate.
       ``(e) Functions.--The new Council shall--
       ``(1) establish formal policies regarding the operation of 
     the new Council;
       ``(2) advise and assist the lead entity in the performance 
     of responsibilities described in section 706(a), particularly 
     the promotion of interagency agreements and the promotion of 
     meaningful participation by families in all aspects of the 
     statewide system of family support for families of children 
     with disabilities;
       ``(3) advise and assist State agencies in the development 
     of policies and procedures relating to the provision of 
     family support for families of children with disabilities in 
     the State;
       ``(4) advise and assist the lead entity in the development 
     of all aspects of a strategic plan under section 709, 
     including--
       ``(A) the mission, purpose, and principles of the statewide 
     system of family support for families of children with 
     disabilities;
       ``(B) the statement of family-centered outcomes;
       ``(C) the goals, objectives, and activities;
       ``(D) the quality improvement or quality enhancement 
     system;
       ``(E) the appeals process;
       ``(F) the eligibility criteria to be used for all programs, 
     projects, and activities carried out under this part;
       ``(G) the analysis of the extent to which family support 
     for families of children with disabilities is defined as a 
     benefit and not as income; and
       ``(H) the approach to the evaluation of the statewide 
     system of family support for families of children with 
     disabilities;
       ``(5) advise and assist the lead entity in the 
     implementation of systems change activities;
       ``(6) advise and assist the lead entity in assessing family 
     satisfaction with the statewide system of family support for 
     families of children with disabilities;
       ``(7) review, analyze, and comment on the strategic plan 
     and updates to the plan, progress reports, and annual 
     budgets;
       ``(8) advise and assist the lead entity in the 
     identification of Federal and State barriers that impede the 
     development of a statewide system of family support for 
     families of children with disabilities; and
       ``(9) prepare and submit to the Chief Executive Officer of 
     the State, the State legislature, and to the Secretary an 
     annual report on the status of family support services for 
     families of children with disabilities, and make such report 
     available to the public.
       ``(f) Hearings and Forums.--The new Council is authorized 
     to hold such hearings and forums as the new Council may 
     determine to be necessary to carry out the duties of the new 
     Council.
       ``(g) Conflict of Interest.--No member of the new Council 
     shall cast a vote on any matter that would provide direct 
     financial benefit to such member or otherwise give the 
     appearance of a conflict of interest under applicable State 
     law.
       ``(g) Compensation and Expenses.--The new Council may, 
     consistent with State law, use such resources to reimburse 
     members of the new Council for reasonable and necessary 
     expenses of attending the new Council meetings and performing 
     Council duties (including child care and personal assistance 
     services), and to pay compensation to a member of the new 
     Council, if such member is not employed or must forfeit wages 
     from other employment, for each day the member is engaged in 
     performing Council duties.

     ``SEC. 708. AUTHORIZED ACTIVITIES.

       ``(a) In General.--A State that receives a grant under 
     section 704 may use the funds made available through the 
     grant to carry out systems change activities, which 
     accomplish the purposes described in section 702, such as the 
     following activities:
       ``(1) Training and technical assistance.--The State may 
     support training and technical assistance activities for 
     family members, service providers, community members, 
     professionals, members of the Council, students and others 
     that will do the following:
       ``(A) Increase family participation, choice, and control in 
     the provision of family support for families of children with 
     disabilities.
       ``(B) Promote partnerships with families of children with 
     disabilities at all levels of the service system.
       ``(C) Develop or strengthen family-centered and family-
     directed approaches to services, including service 
     coordination services, service planning services, and respite 
     care services.
       ``(D) Assist families of children with disabilities in 
     accessing natural and community supports and in obtaining 
     benefits and services.
       ``(2) Interagency coordination.--The State may support 
     activities that conduct the following:
       ``(A) Identification and coordination of Federal and State 
     policies, resources, and services, relating to the provision 
     of family support services for families of children with 
     disabilities, including entering into interagency agreements.
       ``(B) Interagency work groups to enhance public funding 
     options and coordinate access to funding for family support 
     services for families of children with disabilities, with 
     special attention to the issues of family involvement in the 
     identification, planning, use, delivery, and evaluation of 
     such services.
       ``(C) Documentation and dissemination of information about 
     interagency activities that promote coordination with respect 
     to family support services for families of children with 
     disabilities, including evidence of increased participation 
     of State and local health, maternal and child health, social 
     service, mental health, mental retardation and developmental 
     disabilities, child protection, education, early 
     intervention, developmental disabilities councils, agencies, 
     and departments.
       ``(3) Local or regional councils.--The State may support 
     the development or enhancement of local or regional councils 
     to review the status of family support for families of 
     children with disabilities in the local or regional area, to 
     advise and assist with the planning, development, 
     implementation, and evaluation of family support for families 
     of children with disabilities in such local or regional area, 
     and to provide recommendations to the State regarding 
     improvements and plans.
       ``(4) Outreach.--The State may conduct outreach activities 
     to locate families who are eligible for family support for 
     families of children with disabilities and to identify groups 
     who are unserved or underserved. Such activities may involve 
     the creation or maintenance of, support of, or provision of, 
     assistance to statewide and community parent organizations, 
     and organizations that provide family support to families of 
     children with disabilities.
       ``(5) Policy studies.--The State may support policy studies 
     that relate to the development and implementation, or 
     expansion and enhancement, of a statewide system of family 
     support for families of children with disabilities. Such 
     studies may address issues regarding eligibility and access 
     to services.
       ``(6) Hearings and forums.--The State may conduct hearings 
     and forums to solicit input from families of children with 
     disabilities regarding family support programs, policies, and 
     plans for such families. Such hearings and forums may be 
     conducted in collaboration with other statewide councils.
       ``(7) Public awareness and education.--The State may 
     develop and disseminate information relating to family 
     support for families of children with disabilities designed 
     to provide information to such families, parent groups and 
     organizations, public and private agencies that are in 
     contact with children with disabilities and families of such 
     children, students, policymakers, and the public. Such 
     information may relate to the nature, cost, and availability 
     of, and accessibility to, family support for families of 
     children with disabilities, the impact of family support for 
     families of children with disabilities on other benefits, and 
     the efficacy of family support for families of children with 
     disabilities with respect to enhancing the quality of family 
     life.
       ``(8) Needs assessment.--The State may conduct a needs 
     assessment, which may, in part, be based on existing State 
     data.
       ``(9) Program data.--The State may support the compilation 
     and evaluation of appropriate data related to the statewide 
     system of family support for families of children with 
     disabilities.
       ``(10) Pilot demonstration projects.--The State may support 
     pilot demonstration projects to demonstrate new approaches to 
     the provision of family support for families of children with 
     disabilities. Such projects may include the demonstration of 
     family-centered and family-directed service coordination, 
     approaches to improve access to services, including 
     independent service coordination, peer support networks, and 
     voucher programs.
       ``(11) Other activities.--The State may support other 
     systems change activities that accomplish the purposes 
     described in section 702.
       ``(b) Special Rule.--In carrying out activities authorized 
     under this part, a State shall ensure that such programs and 
     activities address the needs of families who are economically 
     disadvantaged.

     ``SEC. 709. STRATEGIC PLAN.

       ``(a) In General.--Not later than 6 months after the date 
     on which assistance is received by a State under this part, 
     the lead entity of the State, in conjunction with the 
     Council, shall prepare and submit to the Secretary a 
     strategic plan designed to achieve the purposes and policy of 
     this part.
       ``(b) Contents.--The strategic plan shall include--
       ``(1) a statement of the mission, purpose, and principles 
     of the statewide system of family support for families of 
     children with disabilities in the State;
       ``(2) a statement of family-centered outcomes to be 
     achieved by the statewide system of family support for 
     families of children with disabilities;
       ``(3) specific goals and objectives for developing and 
     implementing, or expanding and improving, the system for 
     providing family support services for families of children 
     with disabilities, and for achieving the family-centered 
     outcomes;
       ``(4) systemic approaches for accomplishing the objectives 
     and achieving the family-centered outcomes, including 
     interagency coordination and cooperation, that builds upon 
     state-of-the-art practices and research findings;
       ``(5) a description of the specific programs, projects, and 
     activities funded under this part and the manner in which the 
     programs, projects, and activities accomplish the objectives 
     and achieve the family-centered outcomes;
       ``(6) a description of an ongoing quality improvement or 
     quality enhancement system, which utilizes information from 
     ongoing measurements of the extent to which family-centered 
     outcomes are achieved, to improve the system;
       ``(7) a description of an appeals process that will be used 
     in resolving any disputes families of children with 
     disabilities may have regarding the determination of 
     eligibility or the provision of family support services to 
     the family or to the child with a disability;
       ``(8) a description of the eligibility criteria to be used 
     to carry out programs, projects, and activities under this 
     part that includes all eligible families;
       ``(9) an analysis of the extent to which family support for 
     a family of a child with a disability is defined as a benefit 
     and not as income; and
       ``(10) a description of the plan to conduct an annual 
     evaluation of the statewide system of family support for 
     families of children with disabilities, in conjunction with 
     the Council, to improve such statewide system and to document 
     progress as required by section 710.
       ``(c) Period and Updates.--The strategic plan shall cover 
     the period of the grant and shall be reviewed and updated on 
     an annual basis to reflect actual experience and family 
     satisfaction information over the preceding year and input 
     from the Council, families of children with disabilities, and 
     other interested parties.
       ``(d) Recommendations.--Prior to developing the strategic 
     plan, the State shall solicit input and recommendations from 
     interested members of the public, either by holding public 
     hearings or through an alternative method or methods 
     determined by the lead entity in consultation with the 
     Council. The lead entity shall also obtain the comments and 
     recommendations of the Council. The lead entity, in 
     conjunction with the Council, shall consider the 
     recommendations and attempt to reach a consensus with respect 
     to such recommendations. If the lead entity and the Council 
     are unable to reach a consensus, the lead entity shall 
     include a written explanation of the reason a consensus was 
     not reached in the strategic plan.
       ``(e) Comment.--The State shall develop a procedure for 
     ensuring ongoing comment from the Council.
       ``(f) Dissemination.--The State shall widely disseminate 
     the strategic plan to families of children with disabilities, 
     parent organizations, and other interested persons.
       ``(g) Construction.--Nothing in this section shall be 
     construed to prevent a State from using an existing statewide 
     strategic plan or parts thereof to meet the requirements of 
     this section as long as such plan or the applicable parts 
     thereof are comparable to the specifications of this section.

     ``SEC. 710. PROGRESS CRITERIA AND REPORTS.

       ``(a) Guidelines.--The Secretary shall develop guidelines 
     to be used in assessing the extent to which a State that 
     received a grant under section 704 is making significant 
     progress in developing and implementing, or expanding and 
     enhancing, a statewide system of family support for families 
     of children with disabilities consistent with the purposes of 
     this part.
       ``(b) Progress Reports.--A State that receives a grant 
     under section 704 shall submit annually to the Secretary a 
     report that documents progress in developing and 
     implementing, or expanding and enhancing, a statewide system 
     of family support for families of children with disabilities 
     consistent with this part. Such report shall include--
       ``(1) the results of the annual evaluation of the statewide 
     system of family support for families of children with 
     disabilities;
       ``(2) a description of the unanticipated problems with the 
     achievement of the goals, objectives, and family-centered 
     outcomes described in the application or strategic plan and 
     the measures the State has taken to rectify such problems;
       ``(3) for the annual progress report concerning the first 
     year of the grant period, the strategic plan developed by the 
     State during the first year; and
       ``(4) for the annual progress report concerning subsequent 
     years of the grant period, the updated strategic plan.

     ``SEC. 711. ADMINISTRATIVE PROVISIONS.

       ``(a) Evaluation of Grant Applications.--
       ``(1) Panels.--The Secretary shall convene panels of 
     experts who are competent, by virtue of their training or 
     experience, to evaluate grant applications under this part.
       ``(2) Composition of panels.--Panels shall be composed of a 
     majority of family members of children with disabilities and 
     individuals with disabilities, and may include service 
     providers, State administrative personnel, and professionals. 
     Panels shall include a majority of individuals who are not 
     Federal employees.
       ``(3) Expenses and fees of the panel.--A member of the 
     Panel who is not a Federal employee shall receive travel, per 
     diem and consultant fees not to exceed the rate provided to 
     other consultants used by the Secretary. The Secretary may 
     use funds available under section 716 to pay expenses and 
     fees of a member of a Panel who is not a Federal employee.
       ``(b) Provision of Information.--To assist the Secretary in 
     carrying out the responsibilities of the Secretary under this 
     section, the Secretary may require States to provide relevant 
     information, including recommendations and relevant reports 
     of the Council.
       ``(c) Appeals.--The Secretary shall establish appeals 
     procedures for States that are found in noncompliance with 
     the provisions of this part as the result of failure to 
     supply information required under section 705 or 710. The 
     Secretary shall take into consideration the comments of the 
     Council.
       ``(d) Effect on Other Assistance.--This part may not be 
     construed as authorizing a Federal or State agency to reduce 
     medical or other assistance available, or to alter 
     eligibility, under any Federal law.
       ``(e) Unobligated Funds.--Any amount paid to a State for a 
     fiscal year and remaining unobligated at the end of such year 
     shall remain available to such State for the next fiscal year 
     for the purposes for which such amount was paid.

     ``SEC. 712. TECHNICAL ASSISTANCE.

       ``(a) In General.--The Secretary shall make grants, or 
     enter into contracts or cooperative agreements, with 
     appropriate public or private agencies and organizations, 
     including institutions of higher education, with documented 
     experience, expertise, and capacity, for the purpose of 
     providing technical assistance and information with respect 
     to the development and implementation, or expansion and 
     enhancement, of a statewide system of family support for 
     families of children with disabilities.
       ``(b) Purpose.--With respect to States receiving assistance 
     under this part, the technical assistance and information 
     described under subsection (a) shall be provided to the State 
     agency designated as the lead entity, the Council, family 
     members of children with disabilities, organizations, service 
     providers, and policymakers involved with children with 
     disabilities and their families. Such technical assistance 
     shall also be available to States that do not receive 
     assistance under this part. Such technical assistance and 
     information shall--
       ``(1) facilitate effective systems change activities;
       ``(2) promote effective approaches to the development and 
     implementation, or expansion and enhancement of, the 
     statewide systems of family support for families of children 
     with disabilities that increase access to, funding for, and 
     awareness of family support for families of children with 
     disabilities;
       ``(3) promote partnerships with families at all levels of 
     the service system;
       ``(4) foster awareness and understanding of Federal, State, 
     and local laws, regulations, policies, practices, procedures, 
     and organizational structures, that facilitate, and overcome 
     barriers to, funding for, and access to family support for 
     families of children with disabilities;
       ``(5) foster the development and replication of effective 
     approaches to strategic plan development, interagency 
     coordination, training, outreach to underserved groups, and 
     public awareness activities;
       ``(6) facilitate service delivery capacity, training, and 
     the improvement of data collection and evaluation systems;
       ``(7) promote effective approaches to the development of 
     family-centered and family-directed services, including 
     approaches to the development and measurement of family-
     centered outcomes described in section 709(b)(2), and the 
     assessment of family satisfaction; and
       ``(8) coordinate and facilitate an annual meeting of the 
     chairpersons of the Councils.
       ``(c) Request for Technical Assistance.--A request for 
     technical assistance by a lead entity in a State receiving 
     assistance under this part shall be made in conjunction with 
     the Council.
       ``(d) Reports to the Secretary.--An entity providing the 
     technical assistance under this section shall submit periodic 
     reports to the Secretary regarding Federal policies and 
     procedures identified within the States that facilitate or 
     impede the delivery of family support to families of children 
     with disabilities. The report shall include recommendations 
     to the Secretary regarding the delivery of services, 
     coordination with other programs, and integration of the 
     policies and principles described in section 702 in other 
     Federal legislation.

     ``SEC. 713. EVALUATION.

       ``(a) In General.--The Secretary shall make grants, or 
     enter into contracts or cooperative agreements, with 
     appropriate public or private agencies and organizations, 
     including institutions of higher education, with documented 
     experience, expertise, and capacity for the purpose of 
     conducting a national evaluation of the program of grants to 
     States authorized by this part.
       ``(b) Purpose.--The purpose of an evaluation under 
     subsection (a) shall be to assess the status and effects of 
     State efforts to develop and implement, or expand and 
     enhance, statewide systems of family support for families of 
     children with disabilities in a manner consistent with the 
     provisions of this part, particularly in terms of the impact 
     of such efforts on families of children with disabilities, 
     and to recommend amendments to this part that are necessary 
     to assist States to fully accomplish the purposes of this 
     part. The Secretary or recipient of assistance under this 
     section shall work with the States to consider and develop an 
     information system designed to report and compile, from 
     information provided by the States, including the Council, a 
     qualitative and quantitative description of the impact of the 
     program of grants to States authorized by this part on--
       ``(1) families of children with disabilities, including 
     families from ethnic and racial minority backgrounds;
       ``(2) access to and funding for family support for families 
     of children with disabilities; and
       ``(3) the involvement of families at all levels of the 
     service system.
       ``(c) Report to Congress.--Not later than 2\1/2\ years 
     after the date of enactment of this part, the Secretary shall 
     prepare and submit to the appropriate committees of Congress 
     a report concerning the results of the evaluation conducted 
     under this section.
       ``(d) Conflict of Interest.--The Secretary shall assure 
     that a recipient of a grant, contract, or cooperative 
     agreement under this section is independent from, and free 
     from, any financial or personal relationships with the 
     recipient of a grant, contract, or cooperative agreement 
     selected to provide technical assistance under section 712.

     ``SEC. 714. PROJECTS OF NATIONAL SIGNIFICANCE.

       ``(a) Study by the Secretary.--The Secretary shall review 
     Federal programs to determine the extent to which such 
     programs facilitate or impede access to, provision of, and 
     funding for family support for families of children with 
     disabilities, consistent with the policies described in 
     section 702.
       ``(b) Demonstration and Innovation Projects.--The Secretary 
     shall make grants or enter into contracts for projects of 
     national significance to support the development of national 
     and State policies and practices related to the development 
     and implementation, or expansion and enhancement, of family-
     centered and family-directed systems of family support for 
     families of children with disabilities.

     ``SEC. 715. CONSTRUCTION.

       ``Notwithstanding any other provision of this title, 
     nothing in parts A through H of this title shall be construed 
     to apply to this part.

     ``SEC. 716. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to carry out this part, $10,000,000 for fiscal year 1995, and 
     such sums as may be necessary for each of the fiscal years 
     1996 and 1997.
       ``(b) Reservation.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary shall reserve for each fiscal year 10 percent, or 
     $600,000 (whichever is greater), of the amount appropriated 
     pursuant to the authority of subsection (a) to carry out--
       ``(A) section 712, with respect to the provision of 
     technical assistance and information to States;
       ``(B) section 713, with respect to the conduct of the 
     evaluations;
       ``(C) section 711(a), with respect to the evaluation of 
     grant applications; and
       ``(D) section 714, with respect to the conduct of projects 
     of national significance.
       ``(2) Special rule.--The Secretary shall only use funds 
     reserved under paragraph (1) for a fiscal year to carry out 
     section 714 for such year if the amount of funds reserved 
     under such paragraph for such fiscal year is $700,000 or 
     greater.''.

           PART B--EDUCATION FOR HOMELESS CHILDREN AND YOUTH

     SEC. 321. AMENDMENTS TO TABLE OF CONTENTS.

       The table of contents in section 101(b) of the Stewart B. 
     McKinney Homeless Assistance Act (42 U.S.C. 11301 note) is 
     amended by striking subtitles A and B of title VII and 
     inserting the following:

             ``Subtitle A--Adult Education for the Homeless

``Sec. 701. State literacy initiatives.

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

``Sec. 721. Statement of policy.
``Sec. 722. Grants for State and local activities for the education of 
              homeless children and youth.
``Sec. 723. Local educational agency grants for the education of 
              homeless children and youth.
``Sec. 724. Secretarial responsibilities.
``Sec. 725. Definitions.
``Sec. 726. Authorization of appropriations.''.

     SEC. 322. ADULT EDUCATION FOR THE HOMELESS.

       Subtitle A of title VII of the Stewart B. McKinney Homeless 
     Assistance Act (42 U.S.C. 11421 et seq.) is amended to read 
     as follows:
             ``Subtitle A--Adult Education for the Homeless

     ``SEC. 701. STATE LITERACY INITIATIVES.

       ``(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 training 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. 323. EDUCATION FOR HOMELESS CHILDREN AND YOUTH.

       Subtitle B of title VII of the Stewart B. McKinney Homeless 
     Assistance Act (42 U.S.C. 11431 et seq.) is amended to read 
     as follows:
        ``Subtitle B--Education for Homeless Children and Youth

     ``SEC. 721. STATEMENT OF POLICY.

       ``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.

     ``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE 
                   EDUCATION OF HOMELESS CHILDREN AND YOUTH.

       ``(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) In general.--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) Reservation.--(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) Definition.--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) 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) In general.--(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 provide grants to local educational 
     agencies for purposes of 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) Special rule.--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) In general.--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 student 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 the same 
     public preschool programs, administered by the State agency, 
     as 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) Compliance.--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) Local educational agency requirements.--(A) The local 
     educational agency of each homeless child and youth to be 
     assisted under this subtitle 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) Comparable services.--Each homeless child or youth to 
     be assisted under this subtitle 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;
       ``(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) Records.--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 444 of the 
     General Education Provisions Act.
       ``(6) Coordination.--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, including services 
     and programs funded under the Runaway and Homeless Youth Act.
       ``(7) Liaison.--(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 families, children, and 
     youth are eligible, including Head Start and Even Start 
     programs and preschool programs administered by the local 
     educational agency, 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) Review and revisions.--Each State educational agency 
     and local educational agency that receives assistance under 
     this subtitle 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) Coordination.--Where applicable, each State and local 
     educational agency that receives assistance under this 
     subtitle 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.

     ``SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION 
                   OF HOMELESS CHILDREN AND YOUTH.

       ``(a) General Authority.--
       ``(1) In general.--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) Services.--Unless otherwise specified, services under 
     paragraph (1) may be provided through programs on school 
     grounds or at other facilities. Where such services are 
     provided through programs to homeless students on school 
     grounds, schools may provide services to other children and 
     youth who are determined by the local educational agency to 
     be at risk of failing in, or dropping out of, schools, in the 
     same setting or classroom. To the maximum extent practicable, 
     such services shall be provided through existing programs and 
     mechanisms that integrate homeless individuals with 
     nonhomeless individuals.
       ``(3) Requirement.--Services provided under this section 
     shall not replace the regular academic program and 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 such agency for the 
     fiscal year preceding the fiscal year for which the 
     determination is made was not less than 90 percent of such 
     combined fiscal effort or aggregate expenditures for the 
     second fiscal year preceding the fiscal year for which the 
     determination is made;
       ``(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) In general.--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) Need.--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) Duration of grants.--Grants awarded under this 
     section shall be for terms not to exceed three years.
       ``(d) Authorized Activities.--A local educational agency 
     may use funds awarded under this section for activities to 
     carry out the purpose of this subtitle, including--
       ``(1) 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;
       ``(2) 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);
       ``(3) 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;
       ``(4) the provision of referral services to homeless 
     children and youth for medical, dental, mental, and other 
     health services;
       ``(5) the provision of assistance to defray the excess cost 
     of transportation for students pursuant to section 722(g)(4), 
     not otherwise provided through Federal, State, or local 
     funding, where necessary to enable students to attend the 
     school selected under section 722(g)(3);
       ``(6) the provision of developmentally appropriate early 
     childhood education programs, not otherwise provided through 
     Federal, State, or local funding, for preschool-aged 
     children;
       ``(7) the provision of before- and after-school, mentoring, 
     and summer programs for homeless children and youth in which 
     a teacher or other qualified individual provides tutoring, 
     homework assistance, and supervision of educational 
     activities;
       ``(8) 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;
       ``(9) 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;
       ``(10) the development of coordination between schools and 
     agencies providing services to homeless children and youth, 
     including programs funded under the Runaway and Homeless 
     Youth Act;
       ``(11) the provision of pupil services (including violence 
     prevention counseling) and referrals for such services;
       ``(12) activities to address the particular needs of 
     homeless children and youth that may arise from domestic 
     violence;
       ``(13) the adaptation of space and purchase of supplies for 
     nonschool facilities made available under subsection (a)(2) 
     to provide services under this subsection;
       ``(14) the provision of school supplies, including those 
     supplies to be distributed at shelters or temporary housing 
     facilities, or other appropriate locations; and
       ``(15) the provision of other extraordinary or emergency 
     assistance needed to enable homeless children and youth to 
     attend school.

     ``SEC. 724. SECRETARIAL RESPONSIBILITIES.

       ``(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) Submission and Distribution.--The Secretary shall 
     require applications for grants under this subtitle to be 
     submitted to the Secretary not later than the expiration of 
     the 60-day period beginning on the date that funds are 
     available for purposes of making such grants and shall make 
     such grants not later than the expiration of the 120-day 
     period beginning on such date.
       ``(e) Determination by Secretary.--The Secretary, based on 
     the information received from the States and information 
     gathered by the Secretary under subsection (d), shall 
     determine the extent to which State educational agencies are 
     ensuring that each homeless child and homeless youth has 
     access to a free appropriate public education as described in 
     section 721(1).
       ``(f) Reports.--The Secretary shall prepare and submit a 
     report to the Committee on Education and Labor of the House 
     of Representatives and the Committee on Labor and Human 
     Resources of the Senate on the programs and activities 
     authorized by this subtitle by December 31, 1997, and every 
     third year thereafter.

     ``SEC. 725. DEFINITIONS.

       ``For the purpose of this subtitle, unless otherwise 
     stated--
       ``(1) the term `Secretary' means the Secretary of 
     Education; and
       ``(2) the term `State' means each of the 50 States, the 
     District of Columbia, and the Commonwealth of Puerto Rico.

     ``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

       ``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 fiscal 
     years 1996, 1997, 1998, and 1999.''.

                 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--AMENDMENTS TO THE ADULT EDUCATION ACT

     SEC. 335. AMENDMENTS TO ADULT EDUCATION ACT.

       (a) State Plan.--Paragraph (11) of section 342(c) of the 
     Adult Education Act (20 U.S.C. 1206a(c)(11)) is amended by 
     inserting ``Even Start,'' after ``1963,''.
       (b) Authorization of Appropriations.--Subsection (n) of 
     section 384 of the Adult Education Act (20 U.S.C. 1213c(n)) 
     is amended by striking ``and 1995'' and inserting ``1995, and 
     1996''.

                        PART E--HIGHER EDUCATION

     SEC. 351. HIGHER EDUCATION AMENDMENTS TO THE CARL D. PERKINS 
                   VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION 
                   ACT.

       (a) Amendment.--The Carl D. Perkins Vocational and Applied 
     Technology Education Act (20 U.S.C. 2301 et seq.) is 
     amended--
       (1) in paragraph (2) of section 232(d)--
       (A) by inserting ``, notwithstanding section 427(b)(2) of 
     the Higher Education Amendments of 1992,'' before ``has''; 
     and
       (B) by inserting ``as such section was in effect on July 
     22, 1992'' before the semicolon; and
       (2) in subparagraph (B) of section 404(a)(4)(B)--
       (A) by inserting ``, notwithstanding section 427(b)(2) of 
     the Higher Education Amendments of 1992,'' before ``has''; 
     and
       (B) by inserting ``as such section was in effect on July 
     22, 1992'' before the period.
       (b) Effective Date.--Subsection (a) and the amendments made 
     by subsection (a) shall take effect on the date of enactment 
     of this Act, except that a State that, prior to such date, 
     distributed funds under section 232 of the Carl D. Perkins 
     Vocational and Applied Technology Education Act from funds 
     appropriated for fiscal year 1994 for such program to 
     proprietary institutions of higher education, as such term is 
     defined in section 481(b) of the Higher Education Act of 
     1965, may continue to distribute such funds to such 
     institutions until July 1, 1995.

     SEC. 352. TECHNICAL AMENDMENT TO THE SECOND MORRILL ACT.

       Section 5 of the Act of August 30, 1890 (26 Stat. 417, 
     chapter 841; 7 U.S.C. 326a) (commonly known as the ``Second 
     Morrill Act'') is amended by striking ``and the Trust 
     Territory of the Pacific Islands or its successor 
     governments'' and inserting ``the Federated States of 
     Micronesia, the Republic of the Marshall Islands, and the 
     Republic of Palau''.

     SEC. 353. DEFINITIONS FOR PART A OF TITLE III.

       Paragraph (1) of section 312(b) of the Higher Education Act 
     of 1965 (20 U.S.C. 1058(b)(1)) is amended--
       (1) by amending subparagraph (C) to read as follows:
       ``(C) which is--
       ``(i) legally authorized to provide, and provides within 
     the State, an educational program for which such institution 
     awards a bachelor's degree;
       ``(ii) a junior or community college; or
       ``(iii) the College of the Marshall Islands, the College of 
     Micronesia/Federated States of Micronesia, and Palau 
     Community College;''.
       (2) in subparagraph (D), by striking ``and'' after the 
     semicolon; and
       (3) by adding after subparagraph (E) the following new 
     subparagraph:
       ``(F) located in a State; and''.

     SEC. 353A. PART D HEADING.

       The heading for part D of title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1087a et seq.) is amended to read as 
     follows:

        ``PART D--WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM''.

     SEC. 354. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL 
                   EARLY INTERVENTION SCHOLARSHIP AND PARTNERSHIP 
                   PROGRAM.

       Section 404G of the Higher Education Act of 1965 (20 U.S.C. 
     1070a-27) is amended by striking the second sentence thereof.

     SEC. 355. LENDER-OF-LAST-RESORT PROGRAMS.

       (a) Amendment.--Paragraph (1) of section 428(c) of the 
     Higher Education Act of 1965 (20 U.S.C. 1078(c)(1)) is 
     amended by adding at the end the following new subparagraph:
       ``(G) Notwithstanding any other provision of this section, 
     the Secretary shall exclude a loan made pursuant to a lender-
     of-last-resort program when making reimbursement payment 
     calculations under subparagraphs (B) and (C).''.
       (b) Effective Date.--Subsection (a) and the amendment made 
     by subsection (a) shall take effect on August 10, 1993.

     SEC. 356. FEDERAL CONSOLIDATION LOANS.

       Paragraph (4) of section 428C(a) of the Higher Education 
     Act of 1965 (20 U.S.C. 1078-3(a)(4)) is amended--
       (1) in subparagraph (B), by striking ``or'' after the 
     semicolon;
       (2) in subparagraph (C), by striking the period and 
     inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(D) made under subpart II of part B of title VIII of the 
     Public Health Service Act.''.

     SEC. 357. DEFINITION OF ECONOMIC HARDSHIP.

       Paragraph (1) of section 435(o) of the Higher Education Act 
     of 1965 (20 U.S.C. 1085(o)(1)) is amended--
       (1) in clause (ii) of subparagraph (A), by striking ``or'' 
     after the semicolon;
       (2) by redesignating subparagraph (B) as subparagraph (C);
       (3) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) such borrower is working full-time and has a Federal 
     educational debt burden that equals or exceeds 20 percent of 
     such borrower's adjusted gross income, and the difference 
     between such borrower's adjusted gross income minus such 
     burden is less than 220 percent of the greater of--
       ``(i) the annual earnings of an individual earning the 
     minimum wage under section 6 of the Fair Labor Standards Act 
     of 1938; or
       ``(ii) the income official poverty line (as defined by the 
     Office of Management and Budget, and revised annually in 
     accordance with section 673(2) of the Community Services 
     Block Grant Act) applicable to a family of two; or''; and
       (4) in paragraph (2), by striking ``(1)(B)'' and inserting 
     ``(1)(C)''.

     SEC. 358. FACILITIES AUTHORITY OF THE STUDENT LOAN MARKETING 
                   ASSOCIATION.

       Section 439 of the Higher Education Act of 1965 (20 U.S.C. 
     1087-2) is amended--
       (1) in subparagraph (C) of subsection (d)(1)--
       (A) in the matter preceding clause (i), by inserting 
     ``(including related equipment, instrumentation, and 
     furnishings)'' after ``materials'';
       (B) in clause (ii), by striking the semicolon and inserting 
     ``, dining halls, student unions, and facilities specifically 
     designed to promote fitness and health for students, faculty, 
     and staff or for physical education courses; and'';
       (C) in clause (iii), by striking ``and'' after the 
     semicolon;
       (D) in the matter following clause (iv)--
       (i) by striking ``15 percent'' and inserting ``30 
     percent''; and
       (ii) by striking ``type'' and inserting ``types''; and
       (E) by striking clause (iv); and
       (2) in subsection (n), by striking ``a report of its 
     operations and activities during each year'' and inserting 
     ``a report of the Association's operations and activities, 
     including a report with respect to all facilities 
     transactions, during each year''.

     SEC. 358A. PROGRAM AUTHORITY.

       Section 451 of the Higher Education Act of 1965 (20 U.S.C. 
     2087a) is amended--
       (1) by inserting ``(a) In General.--'' before ``There''; 
     and
       (2) by adding at the end the following new subsection:
       ``(b) Designation.--
       ``(1) Program.--The program established under this part 
     shall be referred to as the `William D. Ford Federal Direct 
     Loan Program'.
       ``(2) Direct loans.--Notwithstanding any other provision of 
     this part, loans made to borrowers under this part that, 
     except as otherwise specified in this part, have the same 
     terms, conditions, and benefits as loans made to borrowers 
     under section 428, shall be known as `Federal Direct 
     Stafford/Ford Loans'.''.

     SEC. 359. DEFERMENT ELIGIBILITY.

       Subsection (f) of section 455 of the Higher Education Act 
     of 1965 (20 U.S.C. 1087e(f)) is amended by adding at the end 
     the following new paragraphs:
       ``(3) Definition of borrower.--For the purpose of this 
     subsection, the term ``borrower'' means an individual who is 
     a new borrower on the date such individual applies for a loan 
     under this part for which the first disbursement is made on 
     or after July 1, 1993.
       ``(4) Deferments for previous part b loan borrowers.--A 
     borrower of a loan made under this part, who at the time such 
     individual applies for such loan, has an outstanding balance 
     of principal or interest owing on any loan made, insured, or 
     guaranteed under part B of title IV prior to July 1, 1993, 
     shall be eligible for a deferment under section 427(a)(2)(C) 
     or section 428(b)(1)(M) as such sections were in effect on 
     July 22, 1992.''.

     SEC. 360. CLOCK AND CREDIT HOUR TREATMENT OF DIPLOMA NURSING 
                   SCHOOLS.

       (a) Amendment.--Part G of title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1088 et seq.) is amended by inserting 
     after section 481 the following new section:

     ``SEC. 481A. CLOCK AND CREDIT HOUR TREATMENT OF DIPLOMA 
                   NURSING SCHOOLS.

       ``Notwithstanding any other provision of this Act, any 
     regulations promulgated by the Secretary concerning the 
     relationship between clock hours and semester, trimester, or 
     quarter hours in calculating student grant, loan, or work 
     assistance under this title, shall not apply to a public or 
     private nonprofit hospital-based school of nursing that 
     awards a diploma at the completion of the school's program of 
     education.''.
       (b) Effective Date.--Subsection (a) and the amendment made 
     by subsection (a) shall take effect on July 1, 1994.

     SEC. 360A. ELIGIBILITY FOR STUDENTS FROM PALAU.

       Subsection (j) of section 484 of the Higher Education Act 
     of 1965 (20 U.S.C. 1091(j)) is amended to read as follows:
       ``(j) Assistance Under Subparts 1, 3, and 6, and chapter 1 
     of subpart 2, of Part A, and Part C.--Notwithstanding any 
     other provision of law, a student shall be eligible, if 
     otherwise qualified, for assistance under subparts 1, 3, and 
     6, and chapter 1 of subpart 2, of part A, and part C, of this 
     title, if the student is otherwise qualified and--
       ``(1) is a citizen of the Federated States of Micronesia, 
     the Republic of the Marshall Islands, or the Republic of 
     Palau, and attends an institution of higher education in a 
     State or a public or nonprofit private institution of higher 
     education in the Federated States of Micronesia, the Republic 
     of the Marshall Islands, or the Republic of Palau; or
       ``(2) meets the requirements of subsection (a)(5) and 
     attends a public or nonprofit private institution of higher 
     education in the Federated States of Micronesia, the Republic 
     of the Marshall Islands, or the Republic of Palau.''.

     SEC. 360B. DISCLOSURE OF ATHLETIC PROGRAM PARTICIPATION RATES 
                   AND FINANCIAL SUPPORT DATA.

       (a) Short Title.--This section may be cited as the ``Equity 
     in Athletics Disclosure Act''.
       (b) Findings.--The Congress finds that--
       (1) participation in athletic pursuits plays an important 
     role in teaching young Americans how to work on teams, handle 
     challenges and overcome obstacles;
       (2) participation in athletic pursuits plays an important 
     role in keeping the minds and bodies of young Americans 
     healthy and physically fit;
       (3) there is increasing concern among citizens, educators, 
     and public officials regarding the athletic opportunities for 
     young men and women at institutions of higher education;
       (4) a recent study by the National Collegiate Athletic 
     Association found that in Division I-A institutions, only 20 
     percent of the average athletic department operations budget 
     of $1,310,000 is spent on women's athletics; 15 percent of 
     the average recruiting budget of $318,402 is spent on 
     recruiting female athletes; the average scholarship expenses 
     for men is $1,300,000 and $505,246 for women; and an average 
     of 143 grants are awarded to male athletes and 59 to women 
     athletes;
       (5) female college athletes receive less than 18 percent of 
     the athletics recruiting dollar and less than 24 percent of 
     the athletics operating dollar;
       (6) male college athletes receive approximately 
     $179,000,000 more per year in athletic scholarship grants 
     than female college athletes;
       (7) prospective students and prospective student athletes 
     should be aware of the commitments of an institution to 
     providing equitable athletic opportunities for its men and 
     women students; and
       (8) knowledge of an institution's expenditures for women's 
     and men's athletic programs would help prospective students 
     and prospective student athletes make informed judgments 
     about the commitments of a given institution of higher 
     education to providing equitable athletic benefits to its men 
     and women students.
       (c) Disclosure of Athletic Program.--Section 485 of the 
     Higher Education Act of 1965 (20 U.S.C. 1092) is amended by 
     adding at the end the following new subsection:
       ``(g) Data Required.--
       ``(1) In general.--Each coeducational institution of higher 
     education that participates in any program under this title, 
     and has an intercollegiate athletic program, shall annually, 
     for the immediately preceding academic year, prepare a report 
     that contains the following information regarding 
     intercollegiate athletics:
       ``(A) The number of male and female full-time 
     undergraduates that attended the institution.
       ``(B) A listing of the varsity teams that competed in 
     intercollegiate athletic competition and for each such team 
     the following data:
       ``(i) The total number of participants, by team, as of the 
     day of the first scheduled contest for the team.
       ``(ii) Total operating expenses attributable to such teams, 
     except that an institution may also report such expenses on a 
     per capita basis for each team and expenditures attributable 
     to closely related teams such as track and field or swimming 
     and diving, may be reported together, although such 
     combinations shall be reported separately for men's and 
     women's teams.
       ``(iii) Whether the head coach is male or female and 
     whether the head coach is assigned to that team on a full-
     time or part-time basis. Graduate assistants and volunteers 
     who serve as head coaches shall be considered to be head 
     coaches for the purposes of this clause.
       ``(iv) The number of assistant coaches who are male and the 
     number of assistant coaches who are female for each team and 
     whether a particular coach is assigned to that team on a 
     full-time or part-time basis. Graduate assistants and 
     volunteers who serve as assistant coaches shall be considered 
     to be assistant coaches for the purposes of this clause.
       ``(C) The total amount of money spent on athletically 
     related student aid, including the value of waivers of 
     educational expenses, separately for men's and women's teams 
     overall.
       ``(D) The ratio of athletically related student aid awarded 
     male athletes to athletically related student aid awarded 
     female athletes.
       ``(E) The total amount of expenditures on recruiting, 
     separately for men's and women's teams overall.
       ``(F) The total annual revenues generated across all men's 
     teams and across all women's teams, except that an 
     institution may also report such revenues by individual team.
       ``(G) The average annual institutional salary of the head 
     coaches of men's teams, across all offered sports, and the 
     average annual institutional salary of the head coaches of 
     women's teams, across all offered sports.
       ``(H) The average annual institutional salary of the 
     assistant coaches of men's teams, across all offered sports, 
     and the average annual institutional salary of the assistant 
     coaches of women's teams, across all offered sports.
       ``(2) Special rule.--For the purposes of subparagraph (G), 
     if a coach has responsibilities for more than one team and 
     the institution does not allocate such coach's salary by 
     team, the institution should divide the salary by the number 
     of teams for which the coach has responsibility and allocate 
     the salary among the teams on a basis consistent with the 
     coach's responsibilities for the different teams.
       ``(3) Disclosure of information to students and public.--An 
     institution of higher education described in paragraph (1) 
     shall make available to students and potential students, upon 
     request, and to the public, the information contained in the 
     report described in paragraph (1), except that all students 
     shall be informed of their right to request such information.
       ``(4) Definition.--For the purposes of this subsection, the 
     term `operating expenses' means expenditures on lodging and 
     meals, transportation, officials, uniforms and equipment.
       ``(5) Regulations and effective date.--The Secretary shall 
     issue final regulations to implement the requirements of this 
     subsection not later than 180 days following the enactment of 
     this subsection. Each institution described in paragraph (1) 
     shall make available its first report pursuant to this 
     section not later than October 1, 1996.''.

     SEC. 360C. FEDERAL INSURANCE FOR BONDS.

       Subsection (b) of section 723 of the Higher Education Act 
     of 1965 (20 U.S.C. 1132c-2(b)) is amended--
       (1) in paragraph (8)--
       (A) in subparagraph (A), by inserting ``, with each 
     eligible institution required to maintain in the escrow 
     account an amount equal to 10 percent of the outstanding 
     principal of all loans made to such institution under this 
     part'' before the semicolon; and
       (B) by amending clause (ii) of subparagraph (B) to read as 
     follows:
       ``(ii) shall be used to return to an eligible institution 
     an amount equal to any remaining portion of such 
     institution's 10 percent deposit of loan proceeds following 
     scheduled repayment of such institution's loan;''; and
       (2) in paragraph (11), by striking ``regulations'' and 
     inserting ``conditions''.

     SEC. 360D. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY 
                   TRANSITION TRAINING FOR INCARCERATED YOUTH 
                   OFFENDERS.

       Title X of the Higher Education Act of 1965 (20 U.S.C. 1135 
     et seq.) is amended by adding at the end the following new 
     part:

   ``PART E--GRANTS TO STATES FOR WORKPLACE AND COMMUNITY TRANSITION 
               TRAINING FOR INCARCERATED YOUTH OFFENDERS

     ``SEC. 1091. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY 
                   TRANSITION TRAINING FOR INCARCERATED YOUTH 
                   OFFENDERS.

       ``(a) Findings.--The Congress finds the following:
       ``(1) Over 150,000 youth offenders age 21 and younger are 
     incarcerated in the Nation's jails, juvenile facilities, and 
     prisons.
       ``(2) Most youth offenders who are incarcerated have been 
     sentenced as first-time adult felons.
       ``(3) Approximately 75 percent of youth offenders are high 
     school dropouts who lack basic literacy and life skills, have 
     little or no job experience, and lack marketable skills.
       ``(4) The average incarcerated youth has attended school 
     only through grade 10.
       ``(5) Most of these youths can be diverted from a life of 
     crime into productive citizenship with available educational, 
     vocational, work skills, and related service programs.
       ``(6) If not involved with educational programs while 
     incarcerated, almost all of these youths will return to a 
     life of crime upon release.
       ``(7) The average length of sentence for a youth offender 
     is about 3 years. Time spent in prison provides a unique 
     opportunity for education and training.
       ``(8) Even with quality education and training provided 
     during incarceration, a period of intense supervision, 
     support, and counseling is needed upon release to ensure 
     effective reintegration of youth offenders into society.
       ``(9) Research consistently shows that the vast majority of 
     incarcerated youths will not return to the public schools to 
     complete their education.
       ``(10) There is a need for alternative educational 
     opportunities during incarceration and after release.
       ``(b) Definition.--For purposes of this part, the term 
     `youth offender' means a male or female offender under the 
     age of 25, who is incarcerated in a State prison, including a 
     prerelease facility.
       ``(c) Grant Program.--The Secretary shall establish a 
     program in accordance with this section to provide grants to 
     the State correctional education agencies to assist and 
     encourage incarcerated youths to acquire functional literacy, 
     life, and job skills, through the pursuit of a postsecondary 
     education certificate, or an associate of arts or bachelor's 
     degree while in prison, and employment counseling and other 
     related services which start during incarceration and 
     continue through prerelease and while on parole.
       ``(d) Application.--To be eligible for a grant under this 
     section, a State correctional education agency shall submit 
     to the Secretary a proposal for a youth offender program 
     that--
       ``(1) identifies the scope of the problem, including the 
     number of incarcerated youths in need of postsecondary 
     education and vocational training;
       ``(2) lists the accredited public or private educational 
     institution or institutions that will provide postsecondary 
     educational services;
       ``(3) lists the cooperating agencies, public and private, 
     or businesses that will provide related services, such as 
     counseling in the areas of career development, substance 
     abuse, health, and parenting skills;
       ``(4) describes the evaluation methods and performance 
     measures that the State correctional education agency will 
     employ, provided that such methods and measures are 
     appropriate to meet the goals and objectives of the proposal, 
     and that such methods and measures include measures of--
       ``(A) program completion;
       ``(B) student academic and vocational skill attainment;
       ``(C) success in job placement and retention; and
       ``(D) recidivism;
       ``(5) describes how the proposed programs are to be 
     integrated with existing State correctional education 
     programs (such as adult education, graduate education degree 
     programs, and vocational training) and State industry 
     programs;
       ``(6) addresses the educational needs of youth offenders 
     who are in alternative programs (such as boot camps); and
       ``(7) describes how students will be selected so that only 
     youth offenders eligible under subsection (f) will be 
     enrolled in postsecondary programs.
       ``(e) Program Requirements.--Each State correctional 
     education agency receiving a grant under this section shall--
       ``(1) integrate activities carried out under the grant with 
     the objectives and activities of the school-to-work programs 
     of such State, including--
       ``(A) work experience or apprenticeship programs;
       ``(B) transitional worksite job training for vocational 
     education students that is related to the occupational goals 
     of such students and closely linked to classroom and 
     laboratory instruction;
       ``(C) placement services in occupations that the students 
     are preparing to enter;
       ``(D) employment-based learning programs; and
       ``(E) programs that address State and local labor 
     shortages;
       ``(2) annually report to the Secretary and the Attorney 
     General on the results of the evaluations conducted using the 
     methods and performance measures contained in the proposal; 
     and
       ``(3) provide to each State for each student eligible under 
     subsection (f) not more than $1,500 annually for tuition, 
     books, and essential materials, and not more than $300 
     annually for related services such as career development, 
     substance abuse counseling, parenting skills training, and 
     health education, for each eligible incarcerated youth.
       ``(f) Student Eligibility.--A youth offender shall be 
     eligible for participation in a program receiving a grant 
     under this section if the youth offender--
       ``(1) is eligible to be released within five years 
     (including a youth offender who is eligible for parole within 
     such time); and
       ``(2) is 25 years of age or younger.
       ``(g) Length of Participation.--A State correctional 
     education agency receiving a grant under this section shall 
     provide educational and related services to each 
     participating youth offender for a period not to exceed 5 
     years, 1 year of which may be devoted to study in a graduate 
     education degree program or to remedial education services 
     for students who have obtained a secondary school diploma. 
     Educational and related services shall start during the 
     period of incarceration in prison or prerelease and may 
     continue during the period of parole.
       ``(h) Education Delivery Systems.--State correctional 
     education agencies and cooperating institutions shall, to the 
     extent practicable, use high-tech applications in developing 
     programs to meet the requirements and goals of this section.
       ``(i) Allocation of Funds.--From the amounts appropriated 
     pursuant to subsection (j), the Secretary shall allot to each 
     State an amount that bears the same relationship to such 
     funds as the total number of students eligible under 
     subsection (f) in such State bears to the total number of 
     such students in all States.
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $5,000,000 for fiscal year 1995 and such sums as may be 
     necessary for fiscal year 1996 and each of the four 
     succeeding fiscal years.''.

                           PART F--OTHER ACTS

     SEC. 361. GOALS 2000: EDUCATE AMERICA ACT.

       (a) Repeals.--Sections 231, 232, 234, and 235 of the Goals 
     2000: Educate America Act (20 U.S.C. 5861, 5862, 5863, and 
     5864) are repealed.
       (b) Gift Authority.--
       (1) National education goals panel.--Section 204 of the 
     Goals 2000: Educate America Act (20 U.S.C. 5824) 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 (20 U.S.C. 
     5845) 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) Local Agency Plan Approval.--Paragraph 4 of section 
     309(a) of the Goals 2000: Educate America Act (20 U.S.C. 
     5889) is amended by inserting ``made by the local educational 
     agency'' after ``modifications''.
       (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 
     1995, the Secretary shall reserve a total of 1 percent to 
     provide assistance under this section--
       ``(i) to the outlying areas; and
       ``(ii) for the Secretary of the Interior to conduct 
     directly or through a contract, systemic technology planning 
     for Bureau-funded schools.
       ``(B) The funds reserved under subparagraph (A) shall be 
     distributed among the outlying areas and the Secretary of the 
     Interior by the Secretary according to the relative need of 
     such areas and schools for assistance under this section.''.

     SEC. 362. EDUCATION COUNCIL ACT OF 1991.

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

     SEC. 363. 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.

     SEC. 364. STAR SCHOOLS PROGRAM ASSISTANCE ACT.

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

     SEC. 365. 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. 366. TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH 
                   DISABILITIES ACT OF 1988.

       (a) In General.--Part E of title II of the Technology-
     Related Assistance for Individuals With Disabilities Act of 
     1988 (29 U.S.C. 2231 et seq.) is repealed.
       (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. 367. INDIAN EDUCATION ACT OF 1988.

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

     SEC. 368. REHABILITATION ACT.

       (a) In General.--Notwithstanding any provision of the 
     Rehabilitation Act of 1973, the amount otherwise payable to a 
     State under section 111 of such Act shall be reduced for 
     fiscal years 1987, 1988, and 1989, by the amount by which 
     expenditures from non-Federal sources under the State plan 
     under title I of such Act for such year are less than the 
     total of such expenditures for fiscal year 1972.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in the Rehabilitation Act 
     Amendments of 1992.

     SEC. 369. AMENDMENT TO THE CARL D. PERKINS VOCATIONAL AND 
                   APPLIED TECHNOLOGY EDUCATION ACT REGARDING THE 
                   TERRITORIES.

       Section 101A of the Carl D. Perkins Vocational and Applied 
     Technology Education Act (20 U.S.C. 2311a) is amended to read 
     as follows:

     ``SEC. 101A. THE TERRITORIES.

       ``(a) The Territories.--From funds reserved pursuant to 
     section 101(a)(1)(C), the Secretary shall--
       ``(1) make a grant in the amount of $500,000 to Guam; and
       ``(2) make a grant in the amount of $190,000 to each of 
     American Samoa and the Commonwealth of the Northern Mariana 
     Islands.
       ``(b) Remainder.--Subject to the provisions of subsection 
     (a), the Secretary shall make a grant of the remainder of 
     funds reserved pursuant to section 101(a)(1)(C) to the 
     Pacific Region Educational Laboratory in Honolulu, Hawaii, to 
     make grants for vocational education and training in Guam, 
     American Samoa, the Republic of Palau, the Commonwealth of 
     the Northern Mariana Islands, the Federated States of 
     Micronesia, and the Republic of the Marshall Islands, for the 
     purpose of providing direct educational services, including--
       ``(1) teacher and counselor training and retraining;
       ``(2) curriculum development; and
       ``(3) improving vocational education and training programs 
     in secondary schools and institutions of higher education, or 
     improving cooperative education programs involving both 
     secondary schools and institutions of higher education.
       ``(c) Limitation.--The Pacific Region Educational 
     Laboratory may use not more than 5 percent of the funds 
     received pursuant to subsection (b) for administrative 
     costs.''.

     SEC. 370. FAMILY SUPPORT CENTER PROGRAM.

       (a) Administrative Provisions.--Subsection (f) of section 
     772 of the Stewart B. McKinney Homeless Assistance Act (42 
     U.S.C. 11482(f)) is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) Administrative costs.--Two percent of the amounts 
     appropriated under this title may be used by the Secretary to 
     administer the programs established under this title and 
     three percent of the amounts appropriated under this title 
     may be used by the Secretary to evaluate such programs and to 
     provide technical assistance to entities for the development 
     and submission of applications for grants under this 
     section.'';
       (2) in paragraph (3), by striking ``2 years'' and inserting 
     ``3 years''; and
       (3) by adding at the end thereof the following new 
     paragraph:
       ``(4) Minimum amount.--No grant made under subsection (a) 
     may be awarded in an amount that is less than $200,000 per 
     year.''.
       (b) Report.--The matter preceding paragraph (1) of section 
     777 of such Act (42 U.S.C. 11487) is amended by striking 
     ``1992'' and inserting ``1995''.
       (c) Authorization for Appropriations.--Section 779 of such 
     Act (42 U.S.C. 11489) is amended by striking ``for fiscal 
     year 1993'' and inserting ``for each of the fiscal years 1993 
     through 1998''.
       (d) Technical Amendment.--Subsection (a) of section 774 of 
     such Act (42 U.S.C. 11484(a)) is amended by striking 
     ``subsection (e)'' and inserting ``subsection (d)''.

     SEC. 371. THE NATIONAL FOUNDATION ON THE ARTS AND THE 
                   HUMANITIES ACT OF 1965.

       Subsection (c) of section 11 of the National Foundation on 
     the Arts and the Humanities Act of 1965 (20 U.S.C. 960(c)) is 
     amended--
       (1) in the second sentence of paragraph (1)--
       (A) by striking ``any fiscal year'' and inserting ``fiscal 
     year 1995''; and
       (B) by striking ``$50,000'' and inserting ``$100,000''; and
       (2) in the second sentence of paragraph (2)--
       (A) by striking ``any fiscal year'' and inserting ``fiscal 
     year 1995''; and
       (B) by striking ``$50,000'' and inserting ``$100,000''.

     SEC. 372. OFFICE OF INDIAN EDUCATION; OFFICE OF BILINGUAL 
                   EDUCATION.

       Title II of the Department of Education Organization Act 
     (20 U.S.C. 3411 et seq.) is further amended--
       (1) by redesignating section 215 as section 217; and
       (2) by adding after section 214 (as added by section 
     271(c)) the following new section:

     ``SEC. 215. OFFICE OF INDIAN EDUCATION.

       ``(a) Office of Indian Education.--There shall be an Office 
     of Indian Education (referred to in this section as `the 
     Office') in the Department of Education.
       ``(b) Director.--
       ``(1) Appointment and reporting.--The Office shall be under 
     the direction of the Director, who shall be appointed by the 
     Secretary and who shall report directly to the Assistant 
     Secretary for Elementary and Secondary Education.
       ``(2) Duties.--The Director shall--
       ``(A) be responsible for administering this title;
       ``(B) be involved in, and be primarily responsible for, the 
     development of all policies affecting Indian children and 
     adults under programs administered by the Office of 
     Elementary and Secondary Education;
       ``(C) coordinate the development of policy and practice for 
     all programs in the Department relating to Indian persons; 
     and
       ``(D) assist the Assistant Secretary of the Office of 
     Educational Research and Improvement in identifying research 
     priorities related to the education of Indian persons.
       ``(c) Indian Preference in Employment.--
       ``(1) In general.--The Secretary shall give a preference to 
     Indian persons in all personnel actions in the Office.
       ``(2) Implementation.--Such preference shall be implemented 
     in the same fashion as the preference given to any veteran 
     under section 45 of title 25, United States Code.

     ``SEC. 216. OFFICE OF BILINGUAL EDUCATION AND MINORITY 
                   LANGUAGES AFFAIRS.

       ``(a) Establishment.--There shall be, in the Department, an 
     Office of Bilingual Education and Minority Languages Affairs 
     through which the Secretary shall carry out functions 
     relating to bilingual education.
       ``(b) Director.--
       ``(1) In general.--The Office shall be headed by a Director 
     of Bilingual Education and Minority Languages Affairs, 
     appointed by the Secretary, to whom the Secretary shall 
     delegate all delegable functions relating to bilingual 
     education. The Director shall also be assigned responsibility 
     for recommending improvements and providing technical 
     assistance to other Federal programs serving language-
     minority and limited-English-proficient students and their 
     families and for assisting the Assistant Secretary of the 
     Office of Educational Research and Improvement in identifying 
     research priorities which reflect the needs of language-
     minority and limited-English language proficient students.
       ``(2) Organization.--The Office shall be organized as the 
     Director determines to be appropriate in order to carry out 
     such functions and responsibilities effectively.
       ``(3) Inclusion.--The Secretary shall ensure that limited-
     English-proficient and language-minority students are 
     included in ways that are valid, reliable, and fair under all 
     standards and assessment development conducted or funded by 
     the Department.''.

       PART G--LIBRARY SERVICES AND CONSTRUCTION REAUTHORIZATION

     SEC. 375. LIBRARY SERVICES AND CONSTRUCTION ACT 
                   AUTHORIZATIONS.

       (a) In General.--Subsection (a) of section 4 of the Library 
     Services and Construction Act (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 H--AMENDMENTS TO STATUTES PERTAINING TO INDIAN EDUCATION

     SEC. 381. BUREAU OF INDIAN AFFAIRS.

       Part B of title XI of the Education Amendments of 1978 (25 
     U.S.C. 2001 et seq.) is amended to read as follows:

              ``PART B--BUREAU OF INDIAN AFFAIRS PROGRAMS

     ``SEC. 1121. STANDARDS FOR THE BASIC EDUCATION OF INDIAN 
                   CHILDREN IN BUREAU OF INDIAN AFFAIRS SCHOOLS.

       ``(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 National Education 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 improvement 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 coordination, 
     the Secretary shall utilize the findings and recommendations 
     of the panel established in section 315(b)(4) of such 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 such 
     studies and surveys, making the fullest use possible of other 
     existing studies, surveys, and plans, as are necessary to 
     establish and revise standards for the basic education of 
     Indian children attending Bureau funded schools. Such studies 
     and surveys shall take into account factors such as academic 
     needs, local cultural differences, type and level of language 
     skills, geographic isolation, and appropriate teacher-student 
     ratios for such children, and shall be directed toward the 
     attainment of equal educational opportunity for such 
     children.
       ``(c)(1) The Secretary shall revise the minimum academic 
     standards published in the Federal Register of September 9, 
     1985 (50 Fed. Reg. 174) for the basic education of Indian 
     children in accordance with the purpose described in 
     subsection (a) and the findings of the studies and surveys 
     described in subsection (b), and shall publish such revised 
     standards in the Federal Register for the purpose of 
     receiving comments from the tribes and other interested 
     parties. Within 21 months of the date of enactment of the 
     Improving America's Schools Act of 1994, the Secretary shall 
     establish final standards, distribute such 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 
     or 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) and (d), 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)(1) The Secretary, through contracting and grant-
     making procedures, shall assist school boards of contract or 
     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.
       ``(2) Within 1 year of the date of the enactment of the 
     Indian Education Technical Amendments Act of 1985, the Bureau 
     shall, either directly or through contract with an Indian 
     organization, establish a consistent system of reporting 
     standards for fiscal control and fund accounting for all 
     contract or grant schools. Such standards shall yield data 
     results comparable to those used by Bureau schools.
       ``(g) Subject to subsections (e) and (f), the Secretary 
     shall begin to implement the standards established under this 
     section immediately upon the date of their establishment. Not 
     later than January 1, 1995, and at each time thereafter that 
     the annual budget request for Bureau educational services is 
     presented, the Secretary shall submit to the appropriate 
     committees of Congress a detailed plan to bring all Bureau 
     schools and contract or grant schools up to the level 
     required by the applicable standards established under this 
     section. Such plan shall include detailed information on the 
     status of each school's educational program in relation to 
     the applicable standards established under this section, 
     specific cost estimates for meeting such standards at each 
     school, and specific time lines for bringing each school up 
     to the level required by such standards.
       ``(h)(1) Except as specifically required by statute, no 
     school or peripheral dormitory operated by the Bureau on or 
     after January 1, 1992, may be closed or consolidated or have 
     its program substantially curtailed unless done according to 
     the requirements of this subsection, except that, in those 
     cases where the tribal governing body, or the local school 
     board concerned (if so designated by the tribal governing 
     body), requests closure or consolidation, the requirements of 
     this subsection shall not apply. The requirements of this 
     subsection shall not apply when a temporary closure, 
     consolidation, or substantial curtailment is required by 
     plant conditions which constitute an immediate hazard to 
     health and safety.
       ``(2) The Secretary shall, by regulation, promulgate 
     standards and procedures for the closing, consolidation, or 
     substantial curtailment of Bureau schools in accordance with 
     the requirements of this subsection.
       ``(3) Whenever closure, transfer to any other authority, 
     consolidation, or substantial curtailment of a school is 
     under active consideration or review by any division of the 
     Bureau or the Department of the Interior, the affected tribe, 
     tribal governing body, and designated local school board, 
     will be notified as soon as such consideration or review 
     begins, kept fully and currently informed, and afforded an 
     opportunity to comment with respect to such consideration or 
     review. When a formal decision is made to close, transfer to 
     any other authority, consolidate, or substantially curtail a 
     school, the affected tribe, tribal governing body, and 
     designated local school board shall be notified at least 6 
     months prior to the end of the school year preceding the 
     proposed closure date. Copies of any such notices and 
     information shall be transmitted promptly to the Congress and 
     published in the Federal Register.
       ``(4) The Secretary shall make a report to Congress, the 
     affected tribe, and the designated local school board 
     describing the process of the active consideration or review 
     referred to in paragraph (3). At a minimum, the report shall 
     include a study of the impact of such action on the student 
     population, with every effort to identify those students with 
     particular educational and social needs, and to ensure that 
     alternative services are available to such students. Such 
     report shall include the description of the consultation 
     conducted between the potential service provider, current 
     service provider, parents, tribal representative and the 
     tribe or tribes involved, and the Director of the Office of 
     Indian Education Programs within the Bureau regarding such 
     students. No irreversible action may be taken in furtherance 
     of any such proposed school closure, transfer to any other 
     authority, consolidation, or substantial curtailment 
     (including any action which would prejudice the personnel or 
     programs of such school) until the end of the first full 
     academic year after such report is made.
       ``(5) The Secretary may terminate, contract, transfer to 
     any other authority, or consolidate or substantially curtail 
     the operation or facilities of--
       ``(A) any Bureau funded school that is operated on or after 
     April 1, 1987,
       ``(B) any program of such a school that is operated on or 
     after April 1, 1987, or
       ``(C) any school board of a school operated under a grant 
     under the Tribally Controlled Schools Act of 1988,
     only if the tribal governing body approves such action.

       ``(i) There are authorized to be appropriated such sums as 
     may be necessary, for academic program costs, in order to 
     bring all Bureau schools and contract or grant schools up to 
     the level required by the applicable standards established 
     under this section.
       ``(j)(1) All Bureau funded schools shall include within 
     their curriculum a program of instruction relating to alcohol 
     and substance abuse prevention and treatment. The Assistant 
     Secretary shall provide the technical assistance necessary to 
     develop and implement such a program for students in 
     kindergarten and grades 1 through 12, at the request of--
       ``(A) any Bureau school (subject to the approval of the 
     school board of such school);
       ``(B) any school board of a school operating under a 
     contract entered into under the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450 et seq.); or
       ``(C) any school board of a school operating under a grant 
     under the Tribally Controlled Schools Act of 1988.
       ``(2) In schools operated directly by the Bureau, the 
     Secretary shall provide for--
       ``(A) accurate reporting of all incidents relating to 
     alcohol and substance abuse; and
       ``(B) individual student crisis intervention.
       ``(3) The programs requested under paragraph (1) shall be 
     developed in consultation with the Indian tribe that is to be 
     served by such program and health personnel in the local 
     community of such tribe.
       ``(4) Schools requesting program assistance under this 
     subsection are encouraged to involve family units and, where 
     appropriate, tribal elders and Native healers in such 
     instructions.
       ``(k) For purposes of this section, the term `tribal 
     governing body' means, with respect to any school, the tribal 
     governing body, or tribal governing bodies, that represent at 
     least 90 percent of the students served by such school.
       ``(l)(1)(A)(i) The Secretary shall only consider the 
     factors described in subparagraphs (B) and (C) in reviewing--
       ``(I) applications from any tribe for the awarding of a 
     contract or grant for a school that is not a Bureau funded 
     school; and
       ``(II) applications from any tribe or school board of any 
     Bureau funded school for--
       ``(aa) a school which is not a Bureau funded school; or
       ``(bb) the expansion of a Bureau funded school which would 
     increase the amount of funds received by the Indian tribe or 
     school board under section 1127.
       ``(ii) The Secretary shall give consideration to all of the 
     factors under clause (i), but none of the applications under 
     clause (i) may be denied based primarily upon the geographic 
     proximity of public education.
       ``(B) The Secretary shall consider the following factors 
     relating to the program that is the subject of an application 
     described in subparagraph (A):
       ``(i) The adequacy of facilities or the potential to obtain 
     or provide adequate facilities.
       ``(ii) Geographic and demographic factors in the affected 
     areas.
       ``(iii) Adequacy of the applicant's program plans or, in 
     the case of a Bureau funded school, of projected needs 
     analysis done either by a tribe or by Bureau personnel.
       ``(iv) Geographic proximity of comparable public education.
       ``(v) The stated needs of all affected parties, including 
     students, families, tribal governments at both the central 
     and local levels, and school organizations.
       ``(C) The Secretary shall consider with respect to 
     applications described in subparagraph (A) the following 
     factors relating to all the educational services available at 
     the time the application is considered:
       ``(i) Geographic and demographic factors in the affected 
     areas.
       ``(ii) Adequacy and comparability of programs already 
     available.
       ``(iii) Consistency of available programs with tribal 
     educational codes or tribal legislation on education.
       ``(iv) The history and success of these services for the 
     proposed population to be served, as determined from all 
     factors and not just standardized examination performance.
       ``(2)(A) The Secretary shall make a determination of 
     whether to approve any application described in paragraph 
     (1)(A) by not later than the date that is 180 days after the 
     day on which such application is submitted to the Secretary.
       ``(B) If the Secretary fails to make the determination 
     described in subparagraph (A) with respect to an application 
     by the date described in subparagraph (A), the application 
     shall be treated as having been approved by the Secretary.
       ``(3)(A) Any application described in paragraph (1)(A) may 
     be submitted to the Secretary only if--
       ``(i) the application has been approved by the tribal 
     governing body of the students served by (or to be served by) 
     the school or program that is the subject of the application, 
     and
       ``(ii) written evidence of such approval is submitted with 
     the application.
       ``(B) Each application described in paragraph (1)(A)--
       ``(i) shall provide information concerning each of the 
     factors described in paragraph (1)(B), and
       ``(ii) may provide information concerning the factors 
     described in paragraph (1)(C).
       ``(4) Whenever the Secretary makes a determination to deny 
     approval of any application described in paragraph (1)(A), 
     the Secretary shall--
       ``(A) state the objections in writing to the applicant by 
     not later than the date that is 180 days after the day on 
     which the application is submitted to the Secretary,
       ``(B) provide assistance to the applicant to overcome 
     stated objections, and
       ``(C) provide the applicant a hearing, under the same rules 
     and regulations pertaining to the Indian Self-Determination 
     and Education Assistance Act, and an opportunity to appeal 
     the objections raised by the Secretary.
       ``(5)(A) Except as otherwise provided in this paragraph, 
     the action which is the subject of any application described 
     in paragraph (1)(A) that is approved by the Secretary shall 
     become effective with the commencement of the academic year 
     succeeding the fiscal year in which the application is 
     approved, or at an earlier date determined by the Secretary.
       ``(B) If an application is treated as having been approved 
     by the Secretary by reason of paragraph (2)(B), the action 
     that is the subject of the application shall become effective 
     on the date that is 18 months after the date on which the 
     application is submitted to the Secretary, or at an earlier 
     date determined by the Secretary.

     ``SEC. 1122. NATIONAL CRITERIA FOR DORMITORY SITUATIONS.

       ``(a) The Secretary, in consultation with the Secretary of 
     the Department of Education, and in consultation with Indian 
     organizations and tribes, shall conduct or cause to be 
     conducted by contract with an Indian organization, a study of 
     the costs applicable to boarding arrangements for Indian 
     students provided in Bureau schools, and contract or grant 
     schools, for the purpose of establishing national criteria 
     for such dormitory situations. Such criteria shall include 
     adult-child ratios, needs for counselors (including special 
     needs related to off-reservation boarding arrangements), 
     space, and privacy.
       ``(b) Not later than January 1, 1996, the Secretary shall 
     propose such criteria, and shall distribute such proposed 
     criteria to the tribes and publish such proposed criteria in 
     the Federal Register for the purpose of receiving comments 
     from the tribes and other interested parties. Within 18 
     months of the date of the enactment of the Improving 
     America's Schools Act of 1994, the Secretary shall establish 
     final criteria, distribute such final criteria to all the 
     tribes, and publish such final criteria in the Federal 
     Register. The Secretary shall revise such final criteria 
     periodically as necessary. Any revisions to the criteria 
     established under this section shall be developed subject to 
     requirements established under section 1131.
       ``(c) The Secretary shall begin to implement the criteria 
     established under this section immediately upon the date of 
     the establishment of such criteria. Not later than January 1, 
     1997, and at each time thereafter that the annual budget 
     request for Bureau educational services is presented, the 
     Secretary shall submit to the appropriate committees of 
     Congress a detailed plan to bring all Bureau contract 
     boarding schools up to the criteria established under this 
     section. Such plan shall include predictions for the relative 
     need for each boarding school in the future, detailed 
     information on the status of each school in relation to the 
     criteria established under this section, specific cost 
     estimates for meeting such criteria at each school, and 
     specific time lines for bringing each school up to the level 
     required by such criteria.
       ``(d)(1) The criteria established under this section may be 
     waived in the same manner as the standards provided under 
     section 1121(c) may be waived under section 1121(e).
       ``(2) No school in operation on or before January 1, 1987 
     (regardless of compliance or noncompliance with the criteria 
     established under this section) may be closed, transferred to 
     another authority, consolidated or have its program 
     substantially curtailed for failure to meet the criteria.
       ``(3) By not later than May 1, 1996, the Secretary shall 
     submit to the Congress a report detailing the costs 
     associated with, and the actions necessary for, complete 
     compliance with the criteria established under this section.
       ``(e) There are authorized to be appropriated such sums as 
     may be necessary in order to bring each school up to the 
     level required by the criteria established under this 
     section.

     ``SEC. 1123. REGULATIONS.

       ``(a) The provisions of part 32 of title 25 of the Code of 
     Federal Regulations, as in effect on January 1, 1987, are 
     incorporated into this Act and shall be treated as though 
     such provisions are set forth in this subsection. 
     Accordingly, such provisions may be altered only by means of 
     an amendment to this subsection that is contained in an Act 
     or joint resolution which is enacted into law. To the extent 
     that such provisions of part 32 do not conform with this Act 
     or any statutory provision of law enacted before the date of 
     enactment of this Act, the provisions of this Act and the 
     provisions of such other statutory law shall govern.
       ``(b) The provisions of parts 31, 33, 36, 39, 42, and 43 of 
     title 25 of the Code of Federal Regulations, as in effect on 
     January 1, 1987, shall be applied by the Federal Government 
     and shall not, before July 1, 1989, be amended, revoked, or 
     altered in any manner. No officer or employee of the 
     executive branch shall have the authority to issue any other 
     regulations, prior to July 1, 1989, that supersede, 
     supplement, or otherwise affect the provisions of such parts. 
     To the extent that the provisions of such parts do not 
     conform with this Act or any statutory provision of law 
     enacted before the date of enactment of this Act, the 
     provisions of this Act and the provisions of such other 
     statutory law shall govern.
       ``(c) After June 30, 1989, no regulation prescribed for the 
     application of any program provided under this title shall 
     become effective unless--
       ``(1) the regulation has been published as a proposed 
     regulation in the Federal Register,
       ``(2) an opportunity of not less than 90 days has been 
     afforded the public to comment on the published proposed 
     regulation, and
       ``(3) the regulation has, after such period for public 
     comment, been published in the Federal Register as a final 
     regulation.
       ``(d) For purposes of this section, the term `regulation' 
     means any rules, regulations, guidelines, interpretations, 
     orders, or requirements of general applicability prescribed 
     by any officer or employee of the executive branch.

     ``SEC. 1124. SCHOOL BOUNDARIES.

       ``(a) The Secretary shall, in accordance with this section, 
     establish separate geographical attendance areas for each 
     Bureau school.
       ``(b)(1) Except as provided in paragraph (2), on or after 
     July 1, 1985, no attendance area shall be changed or 
     established with respect to any Bureau funded school unless 
     the tribal governing body or the local school board concerned 
     (if so designated by the tribal governing body) has been (i) 
     afforded at least six months notice of the intention of the 
     Bureau to change or establish such attendance area, and (ii) 
     given the opportunity to propose alternative boundaries. Any 
     tribe may petition the Secretary for revision of existing 
     attendance area boundaries. The Secretary shall accept such 
     proposed alternative or revised boundaries unless the 
     Secretary finds, after consultation with the affected tribe 
     or tribes, that such revised boundaries do not reflect the 
     needs of the Indian students to be served or do not provide 
     adequate stability to all of the affected programs.
       ``(2) In any case where there is more than 1 Bureau funded 
     school located on an Indian reservation, at the direction of 
     the tribal governing body, the relevant school boards of the 
     Bureau funded schools on the reservation may, by mutual 
     consent, establish the relevant attendance areas for such 
     schools, subject to the approval of the tribal governing 
     body. Any such boundaries so established shall be accepted by 
     the Secretary.
       ``(c) In any case where there is only 1 Bureau operated 
     program located on an Indian reservation, the attendance area 
     for the program shall be the boundaries of the reservation 
     served, and those students residing near the reservation 
     shall also receive services from such program.
       ``(d) The Bureau shall include in the regulations the 
     requirement that each appropriate education line officer 
     coordinate and consult with the affected tribes and relevant 
     school boards in the establishment of such geographic 
     boundaries.

     ``SEC. 1125. FACILITIES CONSTRUCTION.

       ``(a) The Secretary shall immediately begin to bring all 
     schools, dormitories, and other facilities operated by the 
     Bureau or under contract or grant with the Bureau in 
     connection with the education of Indian children into 
     compliance with all applicable Federal, tribal, or State 
     health and safety standards, whichever provide greater 
     protection (except that the tribal standards to be applied 
     shall be no greater than any otherwise applicable Federal or 
     State standards), with section 504 of the Rehabilitation Act 
     of 1973 (29 U.S.C. 794), and with the Americans with 
     Disabilities Act of 1990, except that nothing in this section 
     shall require termination of the operations of any facility 
     which does not comply with such provisions and which is in 
     use on the date of enactment of the Improving America's 
     Schools Act of 1994.
       ``(b) By January 1, 1996, and at each time thereafter that 
     the annual budget request for Bureau educational services is 
     presented, the Secretary shall submit to the appropriate 
     committees of Congress a detailed plan to bring such 
     facilities into compliance with such standards. Such plan 
     shall include detailed information on the status of each 
     facility's compliance with such standards, specific cost 
     estimates for meeting such standards at each school, and 
     specific time lines for bringing each school into compliance 
     with such standards.
       ``(c) Within six months of the date of enactment of this 
     Act, the Secretary shall submit to the appropriate committees 
     of Congress, and publish in the Federal Register, the system 
     used to establish priorities for school construction 
     projects. At the time any budget request for school 
     construction is presented, the Secretary shall publish in the 
     Federal Register and submit with the budget request the 
     current list of all school construction priorities.
       ``(d)(1) A Bureau school may be closed or consolidated, and 
     the programs of a Bureau school may be substantially 
     curtailed, by reason of plant conditions that constitute an 
     immediate hazard to health and safety only if a health and 
     safety officer of the Bureau determines that such conditions 
     exist at the Bureau school.
       ``(2)(A) In making determinations described in paragraph 
     (1) before July 1, 1989, health and safety officers of the 
     Bureau shall use the health and safety guidelines of the 
     Bureau that were in effect on January 1, 1988.
       ``(B)(i) If--
       ``(I) the Secretary fails to publish in the Federal 
     Register in final form before July 1, 1989, and
       ``(II) action described in paragraph (1) is taken after 
     June 30, 1989, and before the date on which such regulations 
     are published in final form in the Federal Register by reason 
     of the condition of any plant,

     an inspection of the condition of such plant shall be 
     conducted by an appropriate tribal, county, municipal, or 
     State health and safety officer to determine whether 
     conditions at such plant constitute an immediate hazard to 
     health and safety. Such inspection shall be completed by not 
     later than the date that is 30 days after the date on which 
     the action described in paragraph (1) is taken.
       ``(ii) The inspection required under clause (i) shall be 
     conducted by a health and safety officer designated jointly 
     by the Secretary and the tribes affected by the action 
     described in paragraph (1). If the Secretary and such tribes 
     are unable to agree on the designation of the health and 
     safety officer, the Secretary shall designate the health and 
     safety officer and shall provide notice of such designation 
     to each of such tribes before the inspection is conducted by 
     such officer.
       ``(iii) If the health and safety officer conducting an 
     inspection of a plant required under clause (i) determines 
     that conditions at the plant do not constitute an immediate 
     hazard to health and safety, any consolidation or curtailment 
     that was made by reason of conditions at the plant shall 
     immediately cease and any school closed by reason of 
     conditions at the plant shall be reopened immediately.
       ``(3) If--
       ``(A) a Bureau school is temporarily closed or 
     consolidated, or the programs of a Bureau school are 
     substantially curtailed, by reason of plant conditions that 
     constitute an immediate hazard to health and safety, and
       ``(B) the Secretary estimates that the closure, 
     consolidation, or curtailment will be more than 1 year in 
     duration,

     the Secretary shall submit to the Congress, by not later than 
     the date that is 6 months after the date on which the 
     closure, consolidation, or curtailment is initiated, a report 
     which sets forth the reasons for such temporary actions and 
     the actions the Secretary is taking to eliminate the 
     conditions that constitute the hazard.
       ``(e) There are authorized to be appropriated such sums as 
     may be necessary to carry out subsection (a).

     ``SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.

       ``(a) The Secretary shall vest in the Assistant Secretary 
     for Indian Affairs all functions with respect to formulation 
     and establishment of policy and procedure, and supervision of 
     programs and expenditures of Federal funds for the purpose of 
     Indian education administered by the Bureau. The Assistant 
     Secretary shall carry out such functions through the Director 
     of the Office of Indian Education.
       ``(b) The Director of the Office shall direct and supervise 
     the operations of all personnel directly and substantially 
     involved with provision of education services by the Bureau, 
     including school or institution custodial or maintenance 
     personnel. The Assistant Secretary for Indian Affairs shall 
     provide for the adequate coordination between the affected 
     Bureau Offices and the Office to facilitate the consideration 
     of all contract functions relating to education. Except as 
     required by section 1129, nothing in this Act shall be 
     construed to require the provision of separate support 
     services for Indian education.
       ``(c) Education personnel who are under the direction and 
     supervision of the Director of the Office in accordance with 
     the first sentence of subsection (b) shall--
       ``(1) monitor and evaluate Bureau education programs,
       ``(2) provide all services and support functions for 
     education programs with respect to personnel matters 
     involving staffing actions and functions, and
       ``(3) provide technical and coordinating assistance in 
     areas such as procurement, contracting, budgeting, personnel, 
     and curriculum.
       ``(d)(1) The Assistant Secretary shall submit in the annual 
     Budget a plan--
       ``(A) for school facilities to be constructed under the 
     system required by section 1125(c);
       ``(B) for establishing priorities among projects and for 
     the improvement and repair of education facilities, which 
     together shall form the basis for the distribution of 
     appropriated funds; and
       ``(C) including a 5-year plan for capital improvements.
       ``(2)(A) The Assistant Secretary shall establish a program, 
     including the distribution of appropriated funds, for the 
     operation and maintenance of education facilities. Such 
     program shall include--
       ``(i) a method of computing the amount necessary for each 
     education facility;
       ``(ii) similar treatment of all Bureau funded schools;
       ``(iii) a notice of an allocation of appropriated funds 
     from the Director of the Office directly to the appropriate 
     education line officers; and
       ``(iv) a system for the conduct of routine preventive 
     maintenance.
       ``(B) The appropriate education line officers shall make 
     arrangements for the maintenance of education facilities with 
     the local supervisors of the Bureau maintenance personnel who 
     are under the authority of the agency superintendent or area 
     directors, respectively. The local supervisors of Bureau 
     maintenance personnel shall take appropriate action to 
     implement the decisions made by the appropriate education 
     line officers, except that no funds under this part may be 
     authorized for expenditure unless such appropriate education 
     line officer is assured that the necessary maintenance has 
     been, or will be, provided in a reasonable manner. Subject to 
     the requirements of subsection (b) of this section, nothing 
     in this Act shall be construed to require the provision of 
     separate operations and maintenance personnel for the Office.
       ``(3) The requirements of this subsection shall be 
     implemented not later than July 1, 1995.
       ``(e) Notwithstanding any other provision of law, the 
     Director shall promulgate guidelines for the establishment of 
     mechanisms for the acceptance of gifts and bequests for the 
     use of, and benefit of, particular schools or designated 
     Bureau operated education programs, including, where 
     appropriate, the establishment and administration of trust 
     funds. When a Bureau operated program is the beneficiary of 
     such a gift or bequest, the Director shall make provisions 
     for monitoring its use, and shall report to the appropriate 
     committees of Congress the amount and terms of such gift or 
     bequest, the use to which such gift or bequest is put, and 
     any positive results achieved by such action.
       ``(f) For the purpose of this section the term `functions' 
     includes powers and duties.

     ``SEC. 1127. ALLOTMENT FORMULA.

       ``(a)(1) The Secretary shall establish, by regulation 
     adopted in accordance with section 1139, a formula for 
     determining the minimum annual amount of funds necessary to 
     sustain each Bureau funded school. In establishing such 
     formula, the Secretary shall consider--
       ``(A) the number of eligible Indian students served and 
     size of the school;
       ``(B) special cost factors, such as--
       ``(i) the isolation of the school;
       ``(ii) the need for special staffing, transportation, or 
     educational programs;
       ``(iii) food and housing costs;
       ``(iv) maintenance and repair costs associated with the 
     physical condition of the educational facilities;
       ``(v) special transportation and other costs of isolated 
     and small schools;
       ``(vi) the costs of boarding arrangements, where determined 
     necessary by a tribal governing body or designated local 
     school board;
       ``(vii) costs associated with greater lengths of service by 
     educational personnel; and
       ``(viii) special programs for gifted and talented students;
       ``(C) the cost of providing academic services which are at 
     least equivalent to those provided by public schools in the 
     State in which the school is located; and
       ``(D) such other relevant factors as the Secretary 
     determines are appropriate.
       ``(2) Upon the establishment of the standards required by 
     sections 1121 and 1122, the Secretary shall revise the 
     formula established under this subsection to reflect the cost 
     and funding standards so established. 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 operated 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.
       ``(b) Notwithstanding any other provisions of law, Federal 
     funds appropriated for the general local operation of Bureau 
     funded schools shall be allotted pro rata in accordance with 
     the formula established under subsection (a).
       ``(c)(1) For fiscal year 1990, and for each subsequent 
     fiscal year, the Secretary shall adjust the formula 
     established under subsection (a) to--
       ``(A) use a weighted unit of 1.2 for each eligible Indian 
     student enrolled in the seventh and eighth grades of the 
     school in considering the number of eligible Indian students 
     served by the school;
       ``(B) consider a school with an enrollment of less than 50 
     eligible Indian students as having an average daily 
     attendance of 50 eligible Indian students for purposes of 
     implementing the adjustment factor for small schools; and
       ``(C) take into account the provision of residential 
     services on a less than 9-month basis at a school when the 
     school board and supervisor of the school determine that a 
     less than 9-month basis will be implemented for the school 
     year involved.
       ``(2)(A) The Secretary shall reserve for national school 
     board training 0.2 percent of the funds appropriated for each 
     fiscal year for distribution under this section. Such 
     training shall be conducted through the same organizations 
     through which, and in the same manner in which, the training 
     was conducted in fiscal year 1992, 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. If the contract 
     for such training is not awarded before May 1 of each fiscal 
     year, the contract under which such training was provided for 
     the fiscal year preceding such fiscal year shall be renewed 
     by the Secretary for such fiscal year. The agenda for the 
     training sessions shall be established by the school boards 
     through their regional or national organizations.
       ``(B) For each year in which the Secretary uses a weighted 
     unit formula established under subsection (a) to fund Bureau 
     schools, a Bureau school which generates less than 168 
     weighted units shall receive an additional 2 weighted units 
     to defray school board activities.
       ``(C) From the funds allotted in accordance with the 
     formula established under subsection (a) for each Bureau 
     school, the local school board of such school may reserve an 
     amount which does not exceed the greater of--
       ``(i) $5,000, or
       ``(ii) the lesser of--
       ``(I) $15,000, or
       ``(II) 1 percent of such allotted funds,

     for school board activities for such school, including and 
     notwithstanding any other provision of law, meeting expenses 
     and the cost of membership in, and support of, organizations 
     engaged in activities on behalf of Indian education.
       ``(3) The Secretary shall adjust the formula established 
     under subsection (a) to use a weighted unit of 2.0 for each 
     eligible Indian student that--
       ``(A) is gifted and talented, and
       ``(B) is enrolled in the school on a full-time basis,

     in considering the number of eligible Indian students served 
     by the school.
       ``(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.
       ``(d) The Secretary shall reserve from the funds available 
     for distribution for each fiscal year under this section an 
     amount which, in the aggregate, shall equal 1 percent of the 
     funds available for such purpose for that fiscal year. Such 
     funds shall be used, at the discretion of the Director of the 
     Office, to meet emergencies and unforeseen contingencies 
     affecting the education programs funded under this section. 
     Funds reserved under this subsection may only be expended for 
     education services or programs at a schoolsite (as defined in 
     section 5204(c)(2) of the Tribally Controlled Schools Act of 
     1988). Funds reserved under this subsection shall remain 
     available without fiscal year limitation until expended. 
     However, the aggregate amount available from all fiscal years 
     may not exceed 1 percent of the current year funds. Whenever 
     the Secretary makes funds available under this subsection, 
     the Secretary shall report such action to the appropriate 
     committees of Congress within the annual budget submission.
       ``(e) Supplemental appropriations enacted to meet increased 
     pay costs attributable to school level personnel shall be 
     distributed under this section.
       ``(f) For the purpose of this section, the term `eligible 
     Indian student' means a student who--
       ``(1) is a member of or is at least a \1/4\ degree Indian 
     blood descendant of a member of an Indian tribe which is 
     eligible for the special programs and services provided by 
     the United States through the Bureau to Indians because of 
     their status as Indians, and
       ``(2) resides on or near an Indian reservation or meets the 
     criteria for attendance at a Bureau off-reservation boarding 
     school.
       ``(g)(1) An eligible Indian student may not be charged 
     tuition for attendance at a Bureau school or contract or 
     grant school. A student attending a Bureau school under 
     paragraph (2)(C) may not be charged tuition.
       ``(2) The Secretary may permit the attendance at a Bureau 
     school of a student who is not an eligible Indian student 
     if--
       ``(A) the Secretary determines that the student's 
     attendance will not adversely affect the school's program for 
     eligible Indian students because of cost, overcrowding, or 
     violation of standards,
       ``(B) the school board consents,
       ``(C) the student is a dependent of a Bureau, Indian Health 
     Service, or tribal government, employee who lives on or near 
     the school site, or
       ``(D) a tuition is paid for the student that is not more 
     than that charged by the nearest public school district for 
     out-of-district students, is in addition to the school's 
     allocation under this section.
       ``(3) The school board of a contract or grant school may 
     permit students who are not eligible Indian students under 
     this subsection to attend its contract school or grant school 
     and any tuition collected for those students is in addition 
     to funding under this section.
       ``(h) Notwithstanding any other provision of law, at the 
     election of the school board of a Bureau school made at any 
     time during the fiscal year, a portion equal to not more than 
     15 percent of the funds allocated with respect to a school 
     under this section for any fiscal year shall remain available 
     to the school for expenditure without fiscal year limitation. 
     The Assistant Secretary shall take steps as may be necessary 
     to implement this provision immediately.
       ``(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 authorized in this section and 
     section 1130 at a rate not to exceed the amount per weighted 
     student unit for that year for the instruction of such 
     students. No additional administrative cost funds shall be 
     added to the grant.

     ``SEC. 1128. ADMINISTRATIVE COST GRANTS.

       ``(a)(1) The Secretary shall, subject to the availability 
     of appropriated funds, provide grants to each tribe or tribal 
     organization operating a contract school or grant school in 
     the amount determined under this section with respect to the 
     tribe or tribal organization for the purpose of paying the 
     administrative and indirect costs incurred in operating 
     contract or grant schools in order to--
       ``(A) enable tribes and tribal organizations operating such 
     schools, without reducing direct program services to the 
     beneficiaries of the program, to provide all related 
     administrative overhead services and operations necessary to 
     meet the requirements of law and prudent management practice, 
     and
       ``(B) carry out other necessary support functions which 
     would otherwise be provided by the Secretary or other Federal 
     officers or employees, from resources other than direct 
     program funds, in support of comparable Bureau operated 
     programs.
       ``(2) Amounts appropriated to fund the grants provided 
     under this section shall be in addition to, and shall not 
     reduce, the amounts appropriated for the program being 
     administered by the contract or grant school.
       ``(b)(1) The amount of the grant provided to each tribe or 
     tribal organization under this section for each fiscal year 
     shall be determined by applying the administrative cost 
     percentage rate of the tribe or tribal organization to the 
     aggregate of the Bureau elementary and secondary functions 
     operated by the tribe or tribal organization for which funds 
     are received from or through the Bureau. The administrative 
     cost percentage rate determined under subsection (c) does not 
     apply to other programs operated by the tribe or tribal 
     organization.
       ``(2) The Secretary shall--
       ``(A) reduce the amount of the grant determined under 
     paragraph (1) to the extent that payments for administrative 
     costs are actually received by an Indian tribe or tribal 
     organization under any Federal education program included in 
     the direct cost base of the tribe or tribal organization, and
       ``(B) take such actions as may be necessary to be 
     reimbursed by any other department or agency of the Federal 
     Government for the portion of grants made under this section 
     for the costs of administering any program for Indians that 
     is funded by appropriations made to such other department or 
     agency.
       ``(c)(1) For purposes of this section, the administrative 
     cost percentage rate for a contract or grant school for a 
     fiscal year is equal to the percentage determined by 
     dividing--
       ``(A) the sum of--
       ``(i) the amount equal to--
       ``(I) the direct cost base of the tribe or tribal 
     organization for the fiscal year, multiplied by
       ``(II) the minimum base rate, plus
       ``(ii) the amount equal to--
       ``(I) the standard direct cost base, multiplied by
       ``(II) the maximum base rate, by
       ``(B) the sum of--
       ``(i) the direct cost base of the tribe or tribal 
     organization for the fiscal year, plus
       ``(ii) the standard direct cost base.
       ``(2) The administrative cost percentage rate shall be 
     determined to the \1/100\ of a decimal point.
       ``(d)(1)(A) Funds received by a tribe or contract or grant 
     school as grants under this section for tribal elementary or 
     secondary educational programs may be combined by the tribe 
     or contract or grant school into a single administrative cost 
     account without the necessity of maintaining separate funding 
     source accounting.
       ``(B) Indirect cost funds for programs at the school which 
     share common administrative services with tribal elementary 
     or secondary educational programs may be included in the 
     administrative cost account described in subparagraph (A).
       ``(2) Funds received as grants under this section with 
     respect to tribal elementary or secondary education programs 
     shall remain available to the contract or grant school 
     without fiscal year limitation and without diminishing the 
     amount of any grants otherwise payable to the school under 
     this section for any fiscal year beginning after the fiscal 
     year for which the grant is provided.
       ``(3) Funds received as grants under this section for 
     Bureau funded programs operated by a tribe or tribal 
     organization under a contract or agreement shall not be taken 
     into consideration for purposes of indirect cost 
     underrecovery and overrecovery determinations by any Federal 
     agency for any other funds, from whatever source derived.
       ``(4) In applying this section and section 105 of the 
     Indian Self-Determination and Education Assistance Act with 
     respect to an Indian tribe or tribal organization that--
       ``(A) receives funds under this section for administrative 
     costs incurred in operating a contract or grant school or a 
     school operated under the Tribally Controlled Schools Act of 
     1988, and
       ``(B) operates 1 or more other programs under a contract or 
     grant provided under the Indian Self-Determination and 
     Education Assistance Act,
     the Secretary shall ensure that the Indian tribe or tribal 
     organization is provided with the full amount of the 
     administrative costs, and of the indirect costs, that are 
     associated with operating the contract or grant school, a 
     school operated under the Tribally Controlled Schools Act of 
     1988, and all of such other programs, except that funds 
     appropriated for implementation of this section shall be used 
     only to supply the amount of the grant required to be 
     provided by this section.
       ``(e) For purposes of this section:
       ``(1)(A) The term `administrative cost' means the costs of 
     necessary administrative functions which--
       ``(i) the tribe or tribal organization incurs as a result 
     of operating a tribal elementary or secondary educational 
     program,
       ``(ii) are not customarily paid by comparable Bureau 
     operated programs out of direct program funds, and
       ``(iii) are either--
       ``(I) normally provided for comparable Bureau programs by 
     Federal officials using resources other than Bureau direct 
     program funds, or
       ``(II) are otherwise required of tribal self-determination 
     program operators by law or prudent management practice.
       ``(B) The term `administrative cost' may include--
       ``(i) contract or grant (or other agreement) 
     administration;
       ``(ii) executive, policy, and corporate leadership and 
     decisionmaking;
       ``(iii) program planning, development, and management;
       ``(iv) fiscal, personnel, property, and procurement 
     management;
       ``(v) related office services and record keeping; and
       ``(vi) costs of necessary insurance, auditing, legal, 
     safety and security services.
       ``(2) The term `Bureau elementary and secondary functions' 
     means--
       ``(A) all functions funded at Bureau schools by the Office;
       ``(B) all programs--
       ``(i) funds for which are appropriated to other agencies of 
     the Federal Government, and
       ``(ii) which are administered for the benefit of Indians 
     through Bureau schools; and
       ``(C) all operation, maintenance, and repair funds for 
     facilities and government quarters used in the operation or 
     support of elementary and secondary education functions for 
     the benefit of Indians, from whatever source derived.
       ``(3)(A) Except as otherwise provided in this subparagraph 
     (B), the direct cost base of a tribe or tribal organization 
     for the fiscal year is the aggregate direct cost program 
     funding for all tribal elementary or secondary educational 
     programs operated by the tribe or tribal organization 
     during--
       ``(i) the second fiscal year preceding such fiscal year, or
       ``(ii) if such programs have not been operated by the tribe 
     or tribal organization during the 2 preceding fiscal years, 
     the first fiscal year preceding such fiscal year.
       ``(B) In the case of Bureau elementary or secondary 
     education functions which have not previously been operated 
     by a tribe or tribal organization under contract, grant, or 
     agreement with the Bureau, the direct cost base for the 
     initial year shall be the projected aggregate direct cost 
     program funding for all Bureau elementary and secondary 
     functions to be operated by the tribe or tribal organization 
     during that fiscal year.
       ``(4) The term `maximum base rate' means 50 percent.
       ``(5) The term `minimum base rate' means 11 percent.
       ``(6) The term `standard direct cost base' means $600,000.
       ``(7) The term `tribal elementary or secondary educational 
     programs' means all Bureau elementary and secondary 
     functions, together with any other Bureau programs or 
     portions of programs (excluding funds for social services 
     that are appropriated to agencies other than the Bureau and 
     are expended through the Bureau, funds for major 
     subcontracts, construction, and other major capital 
     expenditures, and unexpended funds carried over from prior 
     years) which share common administrative cost functions, that 
     are operated directly by a tribe or tribal organization under 
     a contract, grant, or agreement with the Bureau.
       ``(f)(1) Upon the date of enactment of the Indian Education 
     Amendments of 1988, the Secretary shall--
       ``(A) conduct such studies as may be needed to establish an 
     empirical basis for determining relevant factors 
     substantially affecting the required administrative costs of 
     tribal elementary and secondary educational programs, using 
     the formula set forth in subsection (c), and
       ``(B) conduct a study to determine--
       ``(i) a maximum base rate which ensures that the amount of 
     the grants provided under this section will provide adequate 
     (but not excessive) funding of the administrative costs of 
     the smallest tribal elementary or secondary educational 
     programs,
       ``(ii) a minimum base rate which ensures that the amount of 
     the grants provided under this section will provide adequate 
     (but not excessive) funding of the administrative costs of 
     the largest tribal elementary or secondary educational 
     programs, and
       ``(iii) a standard direct cost base which is the aggregate 
     direct cost funding level for which the percentage determined 
     under subsection (c) will--
       ``(I) be equal to the median between the maximum base rate 
     and the minimum base rate, and
       ``(II) ensure that the amount of the grants provided under 
     this section will provide adequate (but not excessive) 
     funding of the administrative costs of tribal elementary or 
     secondary educational programs closest to the size of the 
     program.
       ``(2) The studies required under paragraph (1) shall--
       ``(A) be conducted in full consultation (in accordance with 
     section 1131) with--
       ``(i) the tribes and tribal organizations that are affected 
     by the application of the formula set forth in subsection 
     (c), and
       ``(ii) all national and regional Indian organizations of 
     which such tribes and tribal organizations are typically 
     members;
       ``(B) be conducted onsite with a representative statistical 
     sample of the tribal elementary or secondary educational 
     programs under a contract entered into with a nationally 
     reputable public accounting and business consulting firm;
       ``(C) take into account the availability of skilled labor, 
     commodities, business and automatic data processing services, 
     related Indian preference and Indian control of education 
     requirements, and any other market factors found 
     substantially to affect the administrative costs and 
     efficiency of each such tribal elementary or secondary 
     educational program studied in order to assure that all 
     required administrative activities can reasonably be 
     delivered in a cost effective manner for each such program, 
     given an administrative cost allowance generated by the 
     values, percentages, or other factors found in the studies to 
     be relevant in such formula;
       ``(D) identify, and quantify in terms of percentages of 
     direct program costs, any general factors arising from 
     geographic isolation, or numbers of programs administered, 
     independent of program size factors used to compute a base 
     administrative cost percentage in such formula; and
       ``(E) identify any other incremental cost factors 
     substantially affecting the costs of required administrative 
     cost functions at any of the tribal elementary or secondary 
     educational programs studied and determine whether the 
     factors are of general applicability to other such programs, 
     and (if so) how the factors may effectively be incorporated 
     into such formula.
       ``(3) In carrying out the studies required under this 
     subsection, the Secretary shall obtain the input of, and 
     afford an opportunity to participate to, the Inspector 
     General of the Department of the Interior.
       ``(4) Determinations described in paragraph (2)(C) shall be 
     based on what is pragmatically possible to do at each 
     location studied, given prudent management practice, 
     irrespective of whether required administrative services were 
     actually or fully delivered at these sites, or other services 
     were delivered instead, during the period of the study.
       ``(5) Upon completion of the studies conducted under 
     paragraph (1), but in no case later than October 1, 1989, the 
     Secretary shall submit to the Congress a report on the 
     findings of the studies, together with determinations based 
     upon such findings that would affect the definitions of terms 
     used in the formula that is set forth in subsection (c).
       ``(6) The Secretary shall include in the Bureau's 
     justification for each appropriations request for each fiscal 
     year beginning after fiscal year 1989, a projection of the 
     overall costs associated with the formula set forth in 
     subsection (c) for all tribal elementary or secondary 
     educational programs which the Secretary expects to be funded 
     in the fiscal year for which the appropriations are sought.
       ``(7) For purposes of this subsection, the size of tribal 
     elementary or secondary educational programs is determined by 
     the aggregate direct cost program funding level for all 
     Bureau funded programs which share common administrative cost 
     functions.
       ``(g)(1) There are authorized to be appropriated for each 
     fiscal year such sums as may be necessary to carry out this 
     section.
       ``(2) If the total amount of funds necessary to provide 
     grants to tribes and tribal organizations in the amounts 
     determined under subsection (b) for a fiscal year exceeds the 
     amount of funds appropriated to carry out this section for 
     such fiscal year, the Secretary shall reduce the amount of 
     each grant determined under subsection (b) for such fiscal 
     year by an amount that bears the same relationship to such 
     excess as the amount of such grant determined under 
     subsection (b) bears to the total of all grants determined 
     under subsection (b) for all tribes and tribal organizations 
     for such fiscal year.
       ``(h)(1) Notwithstanding any other provision of this 
     section, the amount of the grants provided under this section 
     for fiscal year 1989 shall--
       ``(A) in lieu of being determined under subsection (b), be 
     determined for each tribal elementary or secondary 
     educational program on the same basis that indirect costs 
     were determined for such programs for fiscal year 1988, and
       ``(B) be subject to the provisions of subsection (d).
       ``(2) Notwithstanding any other provision of this section, 
     the amount of the grant provided under this section for 
     fiscal year 1990 with respect to each tribal elementary and 
     secondary educational program that was operated by a tribe or 
     tribal organization in fiscal year 1989 shall be equal to--
       ``(A) if the amount of the grant determined under 
     subsection (b) for fiscal year 1990 with respect to such 
     program exceeds the amount received by the tribe or tribal 
     organization with respect to such program for administrative 
     costs for fiscal year 1988 (or fiscal year 1989 if such 
     program was not operated by the tribe or tribal organization 
     during fiscal year 1988), the sum of--
       ``(i) such amount received, plus
       ``(ii) \1/3\ of the excess of--
       ``(I) such amount determined under subsection (b), over
       ``(II) such amount received, or
       ``(B) if such amount received exceeds such amount 
     determined under subsection (b), the excess of--
       ``(i) such amount received, over
       ``(ii) an amount equal to \1/3\ of the excess of--
       ``(I) such amount received, over
       ``(II) such amount determined under subsection (b).
       ``(3) Notwithstanding any other provision of this section, 
     the amount of the grants provided under this section for 
     fiscal year 1991 with respect to each tribal elementary and 
     secondary educational program that was operated by a tribe or 
     tribal organization in fiscal year 1989 shall be equal to--
       ``(A) if the amount of the grant determined under 
     subsection (b) for fiscal year 1991 with respect to such 
     program exceeds the amount received by the tribe or tribal 
     organization with respect to such program for administrative 
     costs for fiscal year 1990, the sum of--
       ``(i) such amount received, plus
       ``(ii) \1/2\ of the excess of--
       ``(I) such amount determined under subsection (b), over
       ``(II) such amount received, or
       ``(B) if such amount received exceeds such amount 
     determined under subsection (b), the excess of--
       ``(i) such amount received, over
       ``(ii) an amount equal to \1/2\ of the excess of--
       ``(I) such amount received over,
       ``(II) such amount determined under subsection (b).
       ``(i) The provisions of this section shall also apply to 
     those schools operating under the Tribally Controlled Schools 
     Act of 1988.

     ``SEC. 1129. DIVISION OF BUDGET ANALYSIS.

       ``(a) Within 24 months of the date of enactment of the 
     Improving America's Schools Act of 1994, the Secretary shall 
     establish within the Office a Division of Budget Analysis 
     (hereinafter referred to as the `Division'). Such Division 
     shall be under the direct supervision and control of the 
     Director of the Office.
       ``(b) The Division shall have the capacity to conduct such 
     studies, surveys, or other activities as are necessary to 
     gather demographic information on Bureau-funded schools 
     (current and future) and project the amount necessary to 
     provide Indian students in such schools the educational 
     program set forth in this part.
       ``(c) The Division shall prepare projections on such 
     amounts, along with such other information as the Director of 
     the Office shall require, for each fiscal year beginning 
     after October 1, 1996. The Director of the Office and the 
     Assistant Secretary for Indian Affairs shall use such reports 
     when preparing their annual budget submissions.

     ``SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.

       ``(a)(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 1139, a system for the direct funding and support of 
     all Bureau funded schools. Such system shall allot funds, in 
     accordance with section 1127. All amounts appropriated for 
     distribution under this section may be made available under 
     paragraph (2).
       ``(2)(A) For the purpose of affording adequate notice of 
     funding available pursuant to the allotments made by section 
     1127, 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 
     amounts 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, allotments to each affected school 
     made under section 1127 of 85 percent of such appropriation; 
     and
       ``(ii) publish, not later than September 30 of such fiscal 
     year, the allotments to be made under section 1127 of the 
     remaining 15 percent of such appropriation, adjusted to 
     reflect actual student attendance.
       ``(3)(A) Notwithstanding any law or regulation, the 
     supervisor of a Bureau school may expend an aggregate of not 
     more than $35,000 of the amount allotted the school under 
     section 1127 to acquire supplies and equipment for the school 
     without competitive bidding if--
       ``(i) the cost for any single item purchased does not 
     exceed $10,000;
       ``(ii) the school board approves the procurement;
       ``(iii) the supervisor certifies that the cost is fair and 
     reasonable;
       ``(iv) the documents relating to the procurement executed 
     by the supervisor or other school staff cite this paragraph 
     as authority for the procurement; and
       ``(v) the transaction is documented in a journal maintained 
     at the school clearly identifying when the transaction 
     occurred, what was acquired and from whom, the prices paid, 
     the quantities acquired, and any other information the 
     supervisor or school board considers relevant.
       ``(B) The Director shall be responsible for determining the 
     application of this paragraph, including the authorization of 
     specific individuals to carry out this paragraph, and shall 
     be responsible for the provision of guidelines on the use of 
     this paragraph and adequate training on such guidelines.
       ``(4) If a sequestration order issued under the Balanced 
     Budget and Emergency Deficit Control Act of 1985 reduces the 
     amount of funds available for allotment under section 1127 
     for any fiscal year by more than 7 percent of the amount of 
     funds available for allotment under such section during the 
     preceding fiscal year--
       ``(A) the Secretary, notwithstanding any other law, may 
     use--
       ``(i) funds appropriated for the operation of any Bureau 
     school that is closed or consolidated, and
       ``(ii) funds appropriated for any program that has been 
     curtailed at any Bureau school,
     to fund allotments made under section 1127, and
       ``(B) the Secretary may waive the application of the 
     provisions of section 1121(h) with respect to the closure or 
     consolidation of a school, or the curtailment of a program at 
     a school, during such fiscal year if the funds described in 
     clauses (i) and (ii) of subparagraph (A) with respect to such 
     school are used to fund allotments made under section 1127 
     for such fiscal year.
       ``(b) In the case of all Bureau schools, allotted funds 
     shall be expended on the basis of local financial plans which 
     shall be prepared by the local school supervisor in active 
     consultation with the local school board for each school, and 
     the local school board for each school shall have the 
     authority to ratify, reject, or amend such financial plan, 
     and expenditures thereunder, and, on its own determination or 
     in response to the supervisor of the school, to revise such 
     financial plan to meet needs not foreseen at the time of 
     preparation of the financial plan. The supervisor shall 
     provide the appropriate union representative of the education 
     employees with copies of proposed draft financial plans and 
     all amendments or modifications thereto, at the same time 
     such copies are submitted to the local school board. The 
     supervisor of the school may appeal any such action of the 
     local school board to the appropriate education line officer 
     of the Bureau agency by filing a written statement describing 
     the action and the reasons the supervisor believes such 
     action should be overturned. A copy of such statement shall 
     be submitted to the local school board and such board shall 
     be afforded an opportunity to respond, in writing, to such 
     appeal. After reviewing such written appeal and response, the 
     appropriate education line officer may, for good cause, 
     overturn the action of the local school board. The 
     appropriate line education officer shall transmit the 
     determination of such appeal in the form of a written opinion 
     to such board and to such supervisor identifying the reasons 
     for overturning such action.
       ``(c) Funds for self-determination grants under section 
     103(a)(2) of the Indian Self-Determination and Education 
     Assistance Act shall not be used for providing technical 
     assistance and training in the field of education by the 
     Bureau unless such services are provided in accordance with a 
     plan, agreed to by the tribe or tribes affected and the 
     Bureau, under which control of education programs is intended 
     to be transferred to such tribe or tribes within a specific 
     period of time negotiated under such agreement. The Secretary 
     may approve applications for funding tribal divisions of 
     education and the development of tribal codes of education 
     from funds appropriated pursuant to section 104(a) of such 
     Act.
       ``(d) In the exercise of its authority under this section, 
     a local school board may request technical assistance and 
     training from the Secretary, and the Secretary shall, to the 
     greatest extent possible, provide such services, and make 
     appropriate provisions in the budget of the Office for such 
     services.
       ``(e)(1) A financial plan under subsection (b) for a school 
     may include, at the discretion of the local administrator and 
     the school board of such school, a provision for a summer 
     program of academic and support services for students of the 
     school. Any such program may include activities related to 
     the prevention of alcohol and substance abuse. The Assistant 
     Secretary of Indian Affairs shall provide for the utilization 
     of any such school facility during any summer in which such 
     utilization is requested.
       ``(2) Notwithstanding any other provision of law, funds 
     authorized under the Act of April 16, 1934 (25 U.S.C. 452 et 
     seq.) and this Act may be used to augment the services 
     provided in each summer program at the option, and under the 
     control, of the tribe or Indian controlled school receiving 
     such funds.
       ``(3) The Assistant Secretary of Indian Affairs, acting 
     through the Director of the Office, shall provide technical 
     assistance and coordination for any program described in 
     paragraph (1) and shall, to the extent possible, encourage 
     the coordination of such programs with any other summer 
     programs that might benefit Indian youth, regardless of the 
     funding source or administrative entity of any such program.
       ``(f)(1) From funds allotted to a Bureau school under 
     section 1127, the Secretary shall, if specifically requested 
     by the tribal governing body (within the meaning of section 
     1121(k)), implement any cooperative agreement entered into 
     between the tribe, the Bureau school board, and the local 
     public school district which meets the requirements of 
     paragraph (2) and involves the school. The tribe, the Bureau 
     school board, and the local public school district shall 
     determine the terms of the agreement. Such agreement may 
     encompass coordination of all or any part of the following:
       ``(A) Academic program and curriculum, unless the Bureau 
     school is currently accredited by a State or regional 
     accrediting entity and would not continue to be so 
     accredited.
       ``(B) Support services, including procurement and 
     facilities maintenance.
       ``(C) Transportation.
       ``(2) Each agreement entered into pursuant to the authority 
     provided in paragraph (1) shall confer a benefit upon the 
     Bureau school commensurate with the burden assumed, though 
     this requirement shall not be construed so as to require 
     equal expenditures or an exchange of similar services.
       ``(g) 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. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION.

       ``(a) It shall be the policy of the Secretary and the 
     Bureau, in carrying out the functions of the Bureau, to 
     facilitate Indian control of Indian affairs in all matters 
     relating to education.
       ``(b)(1) All actions under this Act shall be done with 
     active consultation with tribes.
       ``(2) The consultation required under paragraph (1) means a 
     process involving the open discussion and joint deliberation 
     of all options with respect to potential issues or changes 
     between the Bureau and all interested parties. During such 
     discussions and joint deliberations, interested parties 
     (including tribes and school officials) shall be given an 
     opportunity to present issues including proposals regarding 
     changes in current practices or programs which will be 
     considered for future action by the Bureau. All interested 
     parties shall be given an opportunity to participate and 
     discuss the options presented or to present other 
     alternatives, with the views and concerns of the interested 
     parties given effect unless the Secretary determines, from 
     information educed or presented by the interested parties 
     during 1 or more of the discussions and deliberations, that 
     there is a substantial reason for another course of action. 
     The Secretary shall submit to any Member of Congress, within 
     18 days of the receipt of a written request by such Member, a 
     written explanation of any decision made by the Secretary 
     which is not consistent with the views of the interested 
     parties.

     ``SEC. 1132. EDUCATION PERSONNEL.

       ``(a)(1) Chapter 51, subchapter III of chapter 53, and 
     chapter 63 of title 5, United States Code, relating to 
     classification, pay, and leave, respectively, and the 
     sections of such title relating to the appointment, 
     promotion, and removal of civil service employees, shall not 
     apply to educators or to education positions (as defined in 
     subsection (n)).
       ``(2) Paragraph (1) shall take effect 1 year after the date 
     of enactment of this Act.
       ``(b) Not later than the effective date of subsection 
     (a)(2), the Secretary shall prescribe regulations to carry 
     out this section. Such regulations shall govern--
       ``(1) the establishment of education positions,
       ``(2) the establishment of qualifications for educators,
       ``(3) the fixing of basic compensation for educators and 
     education positions,
       ``(4) the appointment of educators,
       ``(5) the discharge of educators,
       ``(6) the entitlement of educators to compensation,
       ``(7) the payment of compensation to educators,
       ``(8) the conditions of employment of educators,
       ``(9) the length of the school year applicable to education 
     positions described in subsection (n)(1)(A),
       ``(10) the leave system for educators, and
       ``(11) such other matters as may be appropriate.
       ``(c)(1) In prescribing regulations to govern the 
     qualifications of educators, the Secretary shall require--
       ``(A)(i) that lists of qualified and interviewed applicants 
     for education positions be maintained in each agency and area 
     office of the Bureau from among individuals who have applied 
     at the agency or area level for an education position or who 
     have applied at the national level and have indicated in such 
     application an interest in working in certain areas or 
     agencies; and
       ``(ii) that a list of qualified and interviewed applicants 
     for education positions be maintained in the Office from 
     among individuals who have applied at the national level for 
     an education position and who have expressed interest in 
     working in an education position anywhere in the United 
     States;
       ``(B) that a local school board shall have the authority to 
     waive on a case-by-case basis, any formal education or degree 
     qualifications established by regulation pursuant to 
     subsection (b)(2), in order for a tribal member to be hired 
     in an education position to teach courses on tribal culture 
     and language and that subject to subsection (d)(2)(A), a 
     determination by a school board that such a person be hired 
     shall be followed by the supervisor; and
       ``(C) that it shall not be a prerequisite to the employment 
     of an individual in an education position at the local level 
     that such individual's name appear on the national list 
     maintained pursuant to paragraph (1)(A)(ii) or that such 
     individual has applied at the national level for an education 
     position.
       ``(2) The Secretary may authorize the temporary employment 
     in an education position of an individual who has not met the 
     certification standards established pursuant to regulations, 
     if the Secretary determines that failure to do so would 
     result in that position remaining vacant.
       ``(d)(1) In prescribing regulations to govern the 
     appointment of educators, the Secretary shall require--
       ``(A)(i) that educators employed in a school (other than 
     the supervisor of the school) shall be hired by the 
     supervisor of the school unless there are no qualified 
     applicants available, in which case the vacant position shall 
     be filed at the national level from the list maintained 
     pursuant to subsection (c)(1)(A)(ii);
       ``(ii) each school supervisor shall be hired by the 
     education line officer of the agency office of the Bureau in 
     which the school is located, and
       ``(iii) educators employed in an agency office of the 
     Bureau shall be hired by the superintendent for education of 
     the agency office;
       ``(B) that before an individual is employed in an education 
     position in a school by the supervisor of a school (or, with 
     respect to the position of supervisor, by the appropriate 
     agency education line officer), the local school board for 
     the school shall be consulted, and that subject to paragraph 
     (2), a determination by the school board that such individual 
     should or should not be so employed shall be followed by the 
     supervisor (or with respect to the position of supervisor, by 
     the agency superintendent for education); and
       ``(C) that before an individual may be employed in an 
     education position at the agency level, the appropriate 
     agency school board shall be consulted, and that, subject to 
     paragraph (3), a determination by such school board that such 
     individual should or should not be employed shall be followed 
     by the agency superintendent for education.
       ``(2)(A) The supervisor of a school may appeal to the 
     appropriate agency education line officer any determination 
     by the local school board for the school that an individual 
     be employed, or not be employed, in an education position in 
     the school (other than that of supervisor) by filing a 
     written statement describing the determination and the 
     reasons the supervisor believes such determination should be 
     overturned. A copy of such statement shall be submitted to 
     the local school board and such board shall be afforded an 
     opportunity to respond, in writing, to such appeal. After 
     reviewing such written appeal and response, the education 
     line officer may, for good cause, overturn the determination 
     of the local school board. The education line officer shall 
     transmit the determination of such appeal in the form of a 
     written opinion to such board and to such supervisor 
     identifying the reasons for overturning such determination.
       ``(B) The education line officer of an agency office of the 
     Bureau may appeal to the Director of the Office any 
     determination by the local school board for the school that 
     an individual be employed, or not be employed, as the 
     supervisor of a school by filing a written statement 
     describing the determination and the reasons the supervisor 
     believes such determination should be overturned. A copy of 
     such statement shall be submitted to the local school board 
     and such board shall be afforded an opportunity to respond, 
     in writing, to such appeal. After reviewing such written 
     appeal and response, the Director may, for good cause, 
     overturn the determination of the local school board. The 
     Director shall transmit the determination of such appeal in 
     the form of a written opinion to such board and to such 
     education line officer identifying the reasons for 
     overturning such determination.
       ``(3) The education line officer of an agency office of the 
     Bureau may appeal to the Director of the Office any 
     determination by the agency school board that an individual 
     be employed, or not be employed, in an education position in 
     such agency office by filing a written statement describing 
     the determination and the reasons the supervisor believes 
     such determination should be overturned. A copy of such 
     statement shall be submitted to the agency school board and 
     such board shall be afforded an opportunity to respond, in 
     writing, to such appeal. After reviewing such written appeal 
     and response, the Director may, for good cause, overturn the 
     determination of the agency school board. The Director shall 
     transmit the determination of such appeal in the form of a 
     written opinion to such board and to such education line 
     officer identifying the reasons for overturning such 
     determination.
       ``(4) Any individual who applies at the local level for an 
     education position shall state on such individual's 
     application whether or not such individual has applied at the 
     national level for an education position in the Bureau. If 
     such individual is employed at the local level, such 
     individual's name shall immediately be forwarded to the 
     Secretary, who shall, as soon as possible but in no event in 
     more than 30 days, ascertain the accuracy of the statement 
     made by such individual pursuant to the first sentence of 
     this paragraph. If the individual's statement is found to 
     have been false, such individual, at the Secretary's 
     discretion, may be disciplined or discharged. If the 
     individual had applied at the national level for an education 
     position in the Bureau, the appointment of such individual at 
     the local level shall be conditional for a period of 90 days, 
     during which period the Secretary may appoint a more 
     qualified individual (as determined by the Secretary) from 
     the list maintained at the national level pursuant to 
     subsection (c)(1)(A)(ii) to the position to which such 
     individual was appointed.
       ``(5) Except as expressly provided, nothing in this section 
     shall be construed as conferring upon local school boards, 
     authority over, or control of, educators.
       ``(e)(1) In prescribing regulations to govern the discharge 
     and conditions of employment of educators, the Secretary 
     shall require--
       ``(A) that procedures be established for the rapid and 
     equitable resolution of grievances of educators;
       ``(B) that no educator may be discharged without notice of 
     the reasons therefore and opportunity for a hearing under 
     procedures that comport with the requirements of due process; 
     and
       ``(C) educators employed in Bureau schools shall be 
     notified 60 days prior to the end of the school year whether 
     their employment contract will be renewed for the following 
     year.
       ``(2) The supervisor of a Bureau school may discharge 
     (subject to procedures established under paragraph (1)(B) for 
     cause (as determined under regulations prescribed by the 
     Secretary) any educator employed in such school. Upon giving 
     notice of proposed discharge to an educator, the supervisor 
     involved shall immediately notify the local school board for 
     the school of such action. A determination by the local 
     school board that such educator shall not be discharged shall 
     be followed by the supervisor. The supervisor shall have the 
     right to appeal such action to the education line officer of 
     the appropriate agency office of the Bureau. Upon such an 
     appeal, the agency education line officer may, for good cause 
     and in writing to the local school board, overturn the 
     determination of the local school board with respect to the 
     employment of such individual.
       ``(3) Each local school board for a Bureau school shall 
     have the right--
       ``(A) to recommend to the supervisor of such school that an 
     educator employed in the school be discharged; and
       ``(B) to recommend to the education line officer of the 
     appropriate agency office of the Bureau and to the Director 
     of the Office, that the supervisor of the school be 
     discharged.
       ``(f)(1) Notwithstanding any provision of the Indian 
     preference laws, such laws shall not apply in the case of any 
     personnel action within the purview of this section 
     respecting an applicant or employee not entitled to Indian 
     preference if each tribal organization concerned grants, in 
     writing, a waiver of the application of such laws with 
     respect to such personnel action, if such a waiver is in 
     writing deemed to be a necessity by the tribal organization, 
     except that this paragraph shall in no way relieve the Bureau 
     of the Bureau's responsibility to issue timely and adequate 
     announcements and advertisements concerning any such 
     personnel action if such action is intended to fill a vacancy 
     (no matter how such vacancy is created).
       ``(2) For purposes of this subsection, the term `tribal 
     organization' means--
       ``(A) the recognized governing body of any Indian tribe, 
     band, nation, pueblo, or other organized community, including 
     a Native village (as defined in section 3(c) of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1602(c); 85 Stat. 
     688)); or
       ``(B) in connection with any personnel action referred to 
     in this subsection, any local school board as defined in 
     section 1146, and which has been delegated by such governing 
     body the authority to grant a waiver under such subsection 
     with respect to such personnel action.
       ``(3) The term `Indian preference laws' means section 12 of 
     the Act of June 18, 1934 (25 U.S.C. 472; 48 Stat. 986) or any 
     other provision of law granting a preference to Indians in 
     promotions and other personnel actions, except that such term 
     shall not be considered to include section 7(b) of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450e(b)).
       ``(g) Subject to the authority of the Office of Personnel 
     Management to determine finally the applicability of chapter 
     51 of title 5, United States Code, to specific positions and 
     employees in the executive branch, the Secretary shall 
     determine in accordance with subsection (a)(1) the 
     applicability or inapplicability of such chapter to positions 
     and employees in the Bureau.
       ``(h)(1)(A) Except as otherwise provided in this section, 
     the Secretary shall fix the basic compensation or annual 
     salary rate for educators and education positions at rates 
     comparable to the rates in effect under the General Schedule 
     for individuals with comparable qualifications, and holding 
     comparable positions, to whom chapter 51 of title 5, United 
     States Code, is applicable or on the basis of the Federal 
     Wage System schedule in effect for the locality.
       ``(B) By not later than October 28, 1988, the Secretary 
     shall establish, for contracts for the 1991-1992 academic 
     year, and thereafter, the rates of basic compensation, or 
     annual salary rates, for the positions of teachers and 
     counselors (including dormitory counselors and home-living 
     counselors) at the rates of basic compensation applicable (on 
     the date of enactment of such Amendments and thereafter) to 
     comparable positions in overseas schools under the Defense 
     Department Overseas Teachers Pay and Personnel Practices Act, 
     unless the Secretary establishes such rates within such 6-
     month period through collective bargaining with the 
     appropriate union representative of the education employees 
     that is recognized by the Bureau.
       ``(C) By not later than October 28, 1988, the Secretary 
     shall establish the rates of basic compensation or annual 
     salary rates for the positions of teachers and counselors 
     (including dormitory and home-living counselors)--
       ``(i) for contracts for the 1989-1990 academic year, at 
     rates which reflect \1/3\ of the changes in the rates 
     applicable to such positions on April 28, 1988, that must be 
     made to conform the rates to the rates established under 
     subparagraph (B) for such positions for contracts for the 
     1991-1992 academic year, and
       ``(ii) for contracts for the 1990-1991 academic year, at 
     rates which reflect \2/3\ of such changes.
       ``(D) The establishment of rates of basic compensation and 
     annual salary rates by the Secretary under subparagraphs (B) 
     and (C) shall not preclude the use of regulations and 
     procedures used by the Bureau before the enactment of the 
     Indian Education Amendments of 1988 in making determinations 
     regarding promotions and advancements through levels of pay 
     that are based on the merit, education, experience, or tenure 
     of the educator.
       ``(E)(i) Except as provided in clause (ii), the 
     establishment of rates of basic compensation and annual 
     salary rates by the Secretary under subparagraphs (B) and (C) 
     shall not affect the continued employment or compensation of 
     an educator who was employed in an education position on 
     October 31, 1979, and who did not make the election under 
     paragraph (2) of subsection (o).
       ``(ii) Any individual described in clause (i) may, during 
     the 5-year period beginning on the date on which the 
     Secretary establishes rates of basic compensation and annual 
     salary rates under subparagraph (B), make an irrevocable 
     election to have the basic compensation rate or annual salary 
     rate of such individual determined in accordance with this 
     paragraph.
       ``(iii) If an individual makes the election described in 
     clause (ii), such election shall not affect the application 
     to the individual of the same retirement system and leave 
     system that applies to the individual during the fiscal year 
     preceding the fiscal year in which such election is made, 
     except that the individual must use leave accrued during a 
     contract period by the end of that contract period.
       ``(F) The President shall include with the budget submitted 
     under section 1105 of title 31, United States Code, for each 
     of the fiscal years 1990, 1991, and 1992 a written statement 
     by the Secretary which specifies--
       ``(i) the amount of funds the Secretary needs to pay basic 
     compensation and the annual salaries of educators for such 
     fiscal year, and
       ``(ii) the amount of funds the Secretary estimates would be 
     needed to pay basic compensation and the annual salaries of 
     educators for such fiscal year if the amendments made to this 
     paragraph by the Indian Education Amendments of 1988 had not 
     been enacted.
       ``(2) Each educator employed in an education position in 
     Alaska shall be paid a cost-of-living allowance equal to 25 
     percent of the rate of basic compensation to which such 
     educator is entitled.
       ``(3)(A) The Secretary may pay a postdifferential not to 
     exceed 25 percent of the rate of basic compensation, on the 
     basis of conditions of environment or work which warrant 
     additional pay as a recruitment and retention incentive.
       ``(B)(i) Upon the request of the supervisor and the local 
     school board of a Bureau school, the Secretary shall grant 
     the supervisor of the school authorization to provide 1 or 
     more post differentials under subparagraph (A) unless the 
     Secretary determines for clear and convincing reasons (and 
     advises the board in writing of those reasons) that certain 
     of the requested post differentials should be disapproved or 
     decreased because there is no disparity of compensation for 
     the involved employees or positions in the Bureau school, as 
     compared with the nearest public school, that is either--
       ``(I) at least 5 percent, or
       ``(II) less than 5 percent and affects the recruitment or 
     retention of employees at the school.
       ``(ii) The request under clause (i) shall be deemed granted 
     as requested at the end of the 60th day after the request is 
     received in the Central Office of the Bureau unless before 
     that time the request is approved, approved with 
     modification, or disapproved by the Secretary.
       ``(iii) The Secretary or the supervisor of a Bureau school 
     may discontinue or decrease a post differential authorized by 
     reason of this subparagraph at the beginning of a school year 
     after either--
       ``(I) the local school board requests that such 
     differential be discontinued or decreased, or
       ``(II) the Secretary or the supervisor determines for clear 
     and convincing reasons (and advises the board in writing of 
     those reasons) that there is no disparity of compensation 
     that would affect the recruitment or retention of employees 
     at the school after the differential is discontinued or 
     decreased.
       ``(iv) On or before February 1 of each year, the Secretary 
     shall submit to Congress a report describing the requests and 
     grants of authority under this subparagraph during the 
     previous fiscal year and listing the positions contracted 
     under those grants of authority.
       ``(i) Any individual--
       ``(1) who on the date of enactment of this Act is holding a 
     position which is determined under subsection (f) to be an 
     education position and who elects under subsection (o)(2) to 
     be covered under the provisions of this section, or
       ``(2) who is an employee of the Federal Government or the 
     municipal government of the District of Columbia and is 
     transferred, promoted, or reappointed, without break in 
     service, from a position under a different leave system to an 
     education position,
     shall be credited for the purpose of the leave system 
     provided under regulations prescribed pursuant to subsection 
     (b)(10), with the annual and sick leave to such individual's 
     credit immediately before the effective date of such 
     election, transfer, promotion, or reappointment.
       ``(j) Upon termination of employment with the Bureau, any 
     annual leave remaining to the credit of an individual within 
     the purview of this section shall be liquidated in accordance 
     with sections 5551(a) and 6306 of title 5, United States 
     Code, except that leave earned or accrued under regulations 
     prescribed pursuant to subsection (b)(10) shall not be so 
     liquidated.
       ``(k) In the case of any educator who is transferred, 
     promoted, or reappointed, without break in service, to a 
     position in the Federal Government under a different leave 
     system, any remaining leave to the credit of such person 
     earned or credited under the regulations prescribed pursuant 
     to subsection (b)(10) shall be transferred to such person's 
     credit in the employing agency on an adjusted basis in 
     accordance with regulations which shall be prescribed by the 
     Office of Personnel Management.
       ``(l) An educator who voluntarily terminates employment 
     with the Bureau before the expiration of the existing 
     employment contract between such educator and the Bureau 
     shall not be eligible to be employed in another education 
     position in the Bureau during the remainder of the term of 
     such contract.
       ``(m) In the case of any educator employed in an education 
     position described in subsection (n)(1)(A) who--
       ``(1) is employed at the close of a school year,
       ``(2) agrees in writing to serve in such a position for the 
     next school year, and
       ``(3) is employed in another position during the recess 
     period immediately preceding such next school year, or during 
     such recess period receives additional compensation referred 
     to in section 5533 of title 5, United States Code, relating 
     to dual compensation, shall not apply to such educator by 
     reason of any such employment during a recess period for any 
     such receipt of additional compensation.
       ``(n) For the purpose of this section--
       ``(1) The term `education position' means a position in the 
     Bureau the duties and responsibilities of which--
       ``(A) are performed on a school-year basis principally in a 
     Bureau school and involve--
       ``(i) classroom or other instruction or the supervision or 
     direction of classroom or other instruction;
       ``(ii) any activity (other than teaching) which requires 
     academic credits in educational theory and practice equal to 
     the academic credits in educational theory and practice 
     required for a bachelor's degree in education from an 
     accredited institution of higher education;
       ``(iii) any activity in or related to the field of 
     education notwithstanding that academic credits in 
     educational theory and practice are not a formal requirement 
     for the conduct of such activity; or
       ``(iv) support services at, or associated with, the site of 
     the school; or
       ``(B) are performed at the agency level of the Bureau and 
     involve the implementation of education-related programs 
     other than the position for agency superintendent for 
     education.
       ``(2) The term `educator' means an individual whose 
     services are required, or who is employed, in an education 
     position.
       ``(o)(1) Subsections (a) through (n) of this section apply 
     to an educator hired after November 1, 1979 (and to an 
     educator who elected application under paragraph (2)) and to 
     the position in which such individual is employed. Subject to 
     paragraph (2), the enactment of this Act shall not affect the 
     continued employment of an individual employed on October 31, 
     1979 in an education position, or such individual's right to 
     receive the compensation attached to such position.
       ``(2) Any individual employed in an education position on 
     October 31, 1979, may, not later than November 1, 1983, make 
     an irrevocable election to be covered under the provisions of 
     subsection (a) through (n) of this section.
       ``(p)(1) An educator who was employed in an education 
     position on October 31, 1979, who was eligible to make an 
     election under paragraph (2) of subsection (o) at that time, 
     and who did not make the election under paragraph (2) of 
     subsection (o), may not be placed on furlough (within the 
     meaning of section 7511(a)(5) of title 5, United States Code) 
     without the consent of such educator for an aggregate of more 
     than 4 weeks within the same calendar year, unless--
       ``(A) the supervisor, with the approval of the local school 
     board (or of the education line officer upon appeal under 
     paragraph (2)), of the Bureau school at which such educator 
     provides services determines that a longer period of furlough 
     is necessary due to an insufficient amount of funds available 
     for personnel compensation at such school, as determined 
     under the financial plan process as determined under section 
     1130(b) of this Act, and
       ``(B) all educators (other than principals and clerical 
     employees) providing services at such Bureau school are 
     placed on furloughs of equal length, except that the 
     supervisor, with the approval of the local school board (or 
     of the agency education line officer upon appeal under 
     paragraph (2)), may continue 1 or more educators in pay 
     status if--
       ``(i) such educators are needed to operate summer programs, 
     attend summer training sessions, or participate in special 
     activities including curriculum development committees; and
       ``(ii) such educators are selected based upon such 
     educator's qualifications, after public notice of the minimum 
     qualifications reasonably necessary and without 
     discrimination as to supervisory, nonsupervisory, or other 
     status of the educators who apply.
       ``(2) The supervisor of a Bureau school may appeal to the 
     appropriate agency education line officer any refusal by the 
     local school board to approve any determination of the 
     supervisor that is described in paragraph (1)(A) by filing a 
     written statement describing the determination and the 
     reasons the supervisor believes such determination should be 
     approved. A copy of such statement shall be submitted to the 
     local school board and such board shall be afforded an 
     opportunity to respond, in writing, to such appeal. After 
     reviewing such written appeal and response, the education 
     line officer may, for good cause, approve the determination 
     of the supervisor. The educational line officer shall 
     transmit the determination of such appeal in the form of a 
     written opinion to such local school board and to the 
     supervisor identifying the reasons for approving such 
     determination.

     ``SEC. 1133. MANAGEMENT INFORMATION SYSTEM.

       ``The Secretary shall establish within the Office, within 1 
     year after the date of the enactment of the Indian Education 
     Amendments of 1984, a computerized management information 
     system, which shall provide information to the Office. Such 
     information shall include--
       ``(1) student enrollment;
       ``(2) curriculum;
       ``(3) staff;
       ``(4) facilities;
       ``(5) community demographics;
       ``(6) student assessment information; and
       ``(7) information on the administrative and program costs 
     attributable to each Bureau program, divided into discreet 
     elements.

     ``SEC. 1134. BUREAU EDUCATION POLICIES.

       ``Within 180 days of the date of enactment of this Act, the 
     Secretary shall develop, publish in the Federal Register, and 
     submit to all agency and area offices of the Bureau, all 
     tribal governments, and the appropriate committees of the 
     Congress, a draft set of education policies, procedures, and 
     practices for education-related action of the Bureau. The 
     Secretary shall, within 1 year of the date of enactment of 
     this Act, provide that such uniform policies, procedures, and 
     practices shall be finalized and promulgated. Thereafter, 
     such policies, procedures, and practices and their periodic 
     revisions, shall serve as the foundation for future Bureau 
     actions in education.

     ``SEC. 1135. UNIFORM EDUCATION PROCEDURES AND PRACTICES.

       ``The Secretary shall cause the various divisions of the 
     Bureau to formulate uniform procedures and practices with 
     respect to such concerns of those divisions as relate to 
     education, and shall report such practices and procedures to 
     the Congress.

     ``SEC. 1136. RECRUITMENT OF INDIAN EDUCATORS.

       ``The Secretary shall institute a policy for the 
     recruitment of qualified Indian educators and a detailed plan 
     to promote employees from within the Bureau. Such plan shall 
     include opportunities for acquiring work experience prior to 
     actual work assignment.

     ``SEC. 1137. ANNUAL REPORT.

       ``(a) The Secretary shall submit to each appropriate 
     committee of the Congress a detailed annual report on the 
     state of education within the Bureau and any problems 
     encountered in the field of education during the year. Such 
     report shall contain suggestions for improving the Bureau 
     educational system and increasing local Indian control of 
     such system. Such report shall also include the current 
     status of tribally controlled community colleges. The annual 
     budget submission for the Bureau's education programs shall, 
     among other things, include--
       ``(1) information on the funds provided previously private 
     schools under section 208 of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 458d) and 
     recommendations with respect to the future use of such funds;
       ``(2) the needs and costs of operation and maintenance of 
     tribally controlled community colleges eligible for 
     assistance under the Tribally Controlled Community College 
     Assistance Act of 1978 (25 U.S.C. 1801 et seq.) and 
     recommendations with respect to meeting such needs and costs; 
     and
       ``(3) the plans required by section 1121(g) and 1122(c), 
     and 1125(b), of this Act.
       ``(b) The Inspector General of the Department of the 
     Interior shall establish a system to ensure that financial 
     and compliance audits are conducted of each Bureau school at 
     least once in every three years. Audits of Bureau schools 
     shall be based upon the extent to which such school has 
     complied with its local financial plan under section 1129.

     ``SEC. 1138. RIGHTS OF INDIAN STUDENTS.

       ``Within six months of the date of enactment of this Act, 
     the Secretary shall prescribe such rules and regulations as 
     are necessary to ensure the constitutional and civil rights 
     of Indian students attending Bureau schools, including such 
     students' right to privacy under the laws of the United 
     States, such students' right to freedom of religion and 
     expression and such students' right to due process in 
     connection with disciplinary actions, suspensions, and 
     expulsions.

     ``SEC. 1139. REGULATIONS.

       ``Regulations required to be adopted under sections 1126 
     through 1138 and any revisions of the standards developed 
     under section 1121 or 1122 shall be deemed rules of general 
     applicability prescribed for the administration of an 
     applicable program for the purposes of section 437 of the 
     General Education Provisions Act and shall be promulgated, 
     submitted for congressional review, and take effect in 
     accordance with the provisions of such section. Such 
     regulations shall contain, immediately following each 
     substantive provision of such regulations, citations to the 
     particular section or sections of statutory law or other 
     legal authority upon which such provision is based.

     ``SEC. 1140. VOLUNTARY SERVICES.

       ``Notwithstanding section 1342 of title 31, United States 
     Code, the Secretary may, subject to the approval of the local 
     school board concerned, accept voluntary services on behalf 
     of Bureau schools. Nothing in this title shall be construed 
     to require Federal employees to work without compensation or 
     to allow the use of volunteer services to displace or replace 
     Federal employees. An individual providing volunteer services 
     under this section is a Federal employee only for purposes of 
     chapter 81 of title 5, United States Code, and chapter 171 of 
     title 28, United States Code.

     ``SEC. 1141. PRORATION OF PAY.

       ``(a) Notwithstanding any other provision of law, including 
     laws relating to dual compensation, the Secretary, at the 
     election of the employee, shall prorate the salary of an 
     employee employed in an education position for the academic 
     school year over the entire 12-month period. Each educator 
     employed for the academic school year shall annually elect to 
     be paid on a 12-month basis or for those months while school 
     is in session. No educator shall suffer a loss of pay or 
     benefits, including benefits under unemployment or other 
     Federal or federally assisted programs, because of such 
     election.
       ``(b) During the course of such year the employee may 
     change election once.
       ``(c) That portion of the employee's pay which would be 
     paid between academic school years may be paid in lump sum at 
     the election of the employee.
       ``(d) For the purposes of this section the terms `educator' 
     and `education position' have the meaning contained in 
     paragraphs (1) and (2) of section 1132(n). This section 
     applies to those individuals employed under the provisions of 
     section 1132 of this title or title 5, United States Code.

     ``SEC. 1142. EXTRACURRICULAR ACTIVITIES.

       ``(a) Notwithstanding any other provision of law, the 
     Secretary may provide, for each Bureau area, a stipend in 
     lieu of overtime premium pay or compensatory time off. Any 
     employee of the Bureau who performs additional activities to 
     provide services to students or otherwise support the 
     school's academic and social programs may elect to be 
     compensated for all such work on the basis of the stipend. 
     Such stipend shall be paid as a supplement to the employee's 
     base pay.
       ``(b) If an employee elects not to be compensated through 
     the stipend established by this section, the appropriate 
     provisions of title 5, United States Code, shall apply.
       ``(c) This section applies to all Bureau employees, whether 
     employed under section 1132 of this title or title 5, United 
     States Code.

     ``SEC. 1143. EARLY CHILDHOOD DEVELOPMENT PROGRAM.

       ``(a) The Secretary shall provide grants to tribes, tribal 
     organizations, and consortia of tribes and tribal 
     organizations to fund early childhood development programs 
     that are operated by such tribes, organizations, or 
     consortia.
       ``(b)(1) The total amount of the grants provided under 
     subsection (a) with respect to each tribe, tribal 
     organization, or consortium of tribes or tribal organizations 
     for each fiscal year shall be equal to the amount which bears 
     the same relationship to the total amount appropriated under 
     the authority of subsection (f) for such fiscal year (less 
     amounts provided under subsection (e)) as--
       ``(A) the total number of children under 6 years of age who 
     are members of--
       ``(i) such tribe,
       ``(ii) the tribe that authorized such tribal organization, 
     or
       ``(iii) any tribe that--
       ``(I) is a member of such consortium, or
       ``(II) authorizes any tribal organization that is a member 
     of such consortium, bears to
       ``(B) the total number of all children under 6 years of age 
     who are members of any tribe that--
       ``(i) is eligible to receive funds under subsection (a),
       ``(ii) is a member of a consortium that is eligible to 
     receive such funds, or
       ``(iii) authorizes a tribal organization that is eligible 
     to receive such funds.
       ``(2) No grant may be provided under subsection (a)--
       ``(A) to any tribe that has less than 500 members,
       ``(B) to any tribal organization which is authorized--
       ``(i) by only 1 tribe that has less than 500 members, or
       ``(ii) by 1 or more tribes that have a combined total 
     membership of less than 500 members, or
       ``(C) to any consortium composed of tribes, or tribal 
     organizations authorized by tribes, that have a combined 
     total tribal membership of less than 500 members.
       ``(c)(1) A grant may be provided under subsection (a) to a 
     tribe, tribal organization, or consortia of tribes and tribal 
     organizations only if the tribe, organization or consortia 
     submits to the Secretary an application for the grant at such 
     time and in such form as the Secretary shall prescribe.
       ``(2) Applications submitted under paragraph (1) shall set 
     forth the early childhood development program that the 
     applicant desires to operate.
       ``(d) The early childhood development programs that are 
     funded by grants provided under subsection (a)--
       ``(1) shall coordinate existing programs and may provide 
     services that meet identified needs of parents and children 
     under 6 years of age which are not being met by existing 
     programs, including--
       ``(A) prenatal care,
       ``(B) nutrition education,
       ``(C) health education and screening,
       ``(D) educational testing, and
       ``(E) other educational services,
       ``(2) may include instruction in the language, art, and 
     culture of the tribe, and
       ``(3) shall provide for periodic assessment of the program.
       ``(e) The Secretary shall, out of funds appropriated under 
     the authority of subsection (f), include in the grants 
     provided under subsection (a) amounts for administrative 
     costs incurred by the tribe or tribal organization in 
     establishing and maintaining the early childhood development 
     program.
       ``(f) For the purpose of carrying out the provisions of 
     this section, there are authorized to be appropriated 
     $10,000,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the fiscal years 1996, 1997, 1998, and 
     1999.

     ``SEC. 1144. TRIBAL DEPARTMENTS OF EDUCATION.

       ``(a) Subject to the availability of appropriations, the 
     Secretary shall provide grants and technical assistance to 
     tribes for the development and operation of tribal 
     departments of education for the purpose of planning and 
     coordinating all educational programs of the tribe.
       ``(b) Grants provided under this section shall--
       ``(1) be based on applications from the governing body of 
     the tribe,
       ``(2) reflect factors such as geographic and population 
     diversity,
       ``(3) facilitate tribal control in all matters relating to 
     the education of Indian children on Indian reservations and 
     on former Indian reservations in Oklahoma,
       ``(4) provide for the development of coordinated 
     educational programs on Indian reservations (including all 
     preschool, elementary, secondary, and higher or vocational 
     educational programs funded by tribal, Federal, or other 
     sources) by encouraging tribal administrative support of all 
     Bureau funded educational programs as well as encouraging 
     tribal cooperation and coordination with all educational 
     programs receiving financial support from State agencies, 
     other Federal agencies, or private entities,
       ``(5) provide for the development and enforcement of tribal 
     educational codes, including tribal educational policies and 
     tribal standards applicable to curriculum, personnel, 
     students, facilities, and support programs, and
       ``(6) otherwise comply with regulations for grants under 
     section 103(a) of the Indian Self-Determination and 
     Educational Assistance Act (25 U.S.C. 450h) that are in 
     effect on the date application for such grants are made.
       ``(c)(1) In approving and funding applications for grants 
     under this section, the Secretary shall give priority to any 
     application that--
       ``(A) includes assurances from the majority of Bureau 
     funded schools located within the boundaries of the 
     reservation of the applicant that the tribal department of 
     education to be funded under this section will provide 
     coordinating services and technical assistance to all of such 
     schools, including the submission to each applicable agency 
     of a unified application for funding for all of such schools 
     which provides that--
       ``(i) no administrative costs other than those attributable 
     to the individual programs of such schools will be associated 
     with the unified application, and
       ``(ii) the distribution of all funds received under the 
     unified application will be equal to the amount of funds 
     provided by the applicable agency to which each of such 
     schools is entitled under law,
       ``(B) includes assurances from the tribal governing body 
     that the tribal department of education funded under this 
     section will administer all contracts or grants (except those 
     covered by the other provisions of this title and the 
     Tribally Controlled Community College Assistance Act of 1978) 
     for education programs administered by the tribe and will 
     coordinate all of the programs to the greatest extent 
     possible,
       ``(C) includes assurances for the monitoring and auditing 
     by or through the tribal department of education of all 
     education programs for which funds are provided by contract 
     or grant to ensure that the programs meet the requirements of 
     law, and
       ``(D) provides a plan and schedule for--
       ``(i) the assumption over the term of the grant by the 
     tribal department of education of all assets and functions of 
     the Bureau agency office associated with the tribe, insofar 
     as those responsibilities relate to education, and
       ``(ii) the termination by the Bureau of such operations and 
     office at the time of such assumption,
     except that when mutually agreeable between the tribal 
     governing body and the Assistant Secretary, the period in 
     which such assumption is to occur may be modified, reduced, 
     or extended after the initial year of the grant.
       ``(2) Subject to the availability of appropriated funds, 
     grants provided under this section shall be provided for a 
     period of 3 years and the grant may, if performance by the 
     grantee is satisfactory to the Secretary, be renewed for 
     additional 3-year terms.
       ``(d) The Secretary shall not impose any terms, conditions, 
     or requirements on the provision of grants under this section 
     that are not specified in this section.
       ``(e) For the purpose of carrying out the provisions of 
     this section, there are authorized to be appropriated 
     $2,000,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the fiscal years 1996, 1997, 1998, and 
     1999.

     ``SEC. 1145. PAYMENTS.

       ``(a)(1) Except as otherwise provided in this subsection, 
     the Secretary shall make payments to grantees under this part 
     in 2 payments--
       ``(A) one payment to be made not later than July 15 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 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 chapter 39 of title 31, United 
     States Code, shall apply to the payments required to be made 
     by paragraphs (1), (2), and (3) of this subsection.

     ``SEC. 1146. DEFINITIONS.

       ``For the purpose of this part, unless otherwise 
     specified--
       ``(1) the term `agency school board' means a body, the 
     members of which are appointed by the school boards of the 
     schools located within such agency, and the number of such 
     members shall be determined by the Secretary in consultation 
     with the affected tribes, except that, in agencies serving a 
     single school, the school board of such school shall fulfill 
     these duties;
       ``(2) the term `Bureau' means the Bureau of Indian Affairs 
     of the Department of the Interior;
       ``(3) the term `Bureau funded school' means--
       ``(A) a Bureau school;
       ``(B) a contract school; or
       ``(C) a school for which assistance is provided under the 
     Tribally Controlled Schools Act of 1988;
       ``(4) the term `Bureau school' means a Bureau operated 
     elementary or secondary day or boarding school or a Bureau 
     operated dormitory for students attending a school other than 
     a Bureau school;
       ``(5) the term `contract or grant school' means an 
     elementary or secondary school or a dormitory which receives 
     financial assistance for its operation under a contract, 
     grant, or agreement with the Bureau under section 102, 
     103(a), or 208 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450f, 450h(a), and 458d) or under 
     the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2504);
       ``(6) the term `education line officer' means education 
     personnel under the supervision of the Director, whether 
     located in central, area, or agency offices;
       ``(7) the term `financial plan' means a plan of services to 
     be provided by each Bureau school;
       ``(8) the term `Indian organization' means any group, 
     association, partnership, corporation, or other legal entity 
     owned or controlled by a federally recognized Indian tribe or 
     tribes, or a majority of whose members are members of 
     federally recognized Indian tribes;
       ``(9) the term `local educational agency' means a board of 
     education or other legally constituted local school authority 
     having administrative control and direction of free public 
     education in a county, township, independent, or other school 
     district located within a State, and includes any State 
     agency which directly operates and maintains facilities for 
     providing free public education;
       ``(10) the term `local school board', when used with 
     respect to a Bureau school, means a body chosen in accordance 
     with the laws of the tribe to be served or, in the absence of 
     such laws, elected by the parents of the Indian children 
     attending the school, except that in schools serving a 
     substantial number of students from different tribes, the 
     members shall be appointed by the governing bodies of the 
     tribes affected, and the number of such members shall be 
     determined by the Secretary in consultation with the affected 
     tribes;
       ``(11) the term `Office' means the Office of Indian 
     Education Programs within the Bureau;
       ``(12) the term `Secretary' means the Secretary of the 
     Interior;
       ``(13) the term `supervisor' means the individual in the 
     position of ultimate authority at a Bureau school; and
       ``(14) the term `tribe' means any Indian tribe, band, 
     nation, or other organized group or community, including any 
     Alaska Native village or regional or village corporation as 
     defined in or established pursuant to the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1801 et seq.) which is 
     recognized as eligible for the special programs and services 
     provided by the United States to Indians because of their 
     status as Indians.''.

     SEC. 382. 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 
     15 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 chapter 39 of title 31, United 
     States Code, 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. 383. 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 
     `trust 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. 384. GOALS 2000: EDUCATE AMERICA ACT.

       (a) Section 315 of the Goals 2000: Educate America Act (20 
     U.S.C. 5895) 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 the Improving America's Schools Act 
     of 1994, 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 the Improving America's Schools Act of 
     1994.
       ``(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), including 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 section 
     5204 of the Tribally Controlled Schools Act 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.''.

     SEC. 386. AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS 
                   DEVELOPMENT.

       (a) Staff of the Institute.--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 
     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.''.
       (b) Endowment Program.--Section 1518 of the Higher 
     Education Amendments of 1986 (20 U.S.C. 4425) is amended--
       (1) in subsection (b), by adding at the end the following 
     new paragraph:
       ``(6) For the purpose of complying with the contribution 
     requirement in this subsection, the Institute may use funds 
     or in-kind contributions of real or personal property. For 
     the purposes of this paragraph, all contributions, in-kind 
     and real estate, which are held by the Institute beginning on 
     November 29, 1990, and which were received after June 2, 
     1988, but which have not been included in their entirety in 
     computations under this section shall be eligible for 
     matching Federal funds appropriated in any year.''; and
       (2) in subsection (c), by amending paragraph (1) to read as 
     follows:
       ``(1) Funds in the trust funds described in subsections (a) 
     and (b) shall be invested under the same conditions and 
     limitations as funds are invested under section 331(c)(2) of 
     the Higher Education Act of 1965 and the regulations 
     implementing such section (as such regulations were in effect 
     at the time the funds are invested).''.

           PART I--CROSS REFERENCES AND CONFORMING AMENDMENTS

     SEC. 391. 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 14101''.
       (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 agencies'' 
     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 14101''; 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 
     14101''; 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 
     14101''; 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 
     14101''; 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 
     14101''; 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 14101''; and
       (2) by striking ``(20 U.S.C. 2891(12))''.
       (e) Higher Education Act of 1965.--(1) 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 C''.
       (2) 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 C''; and
       (B) by inserting ``(or such part's predecessor authority)'' 
     after ``1965''.
       (3) Subparagraph (A) of section 465(a)(2) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087ee(a)(2)(A)) 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''.
       (4) 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''.
       (5) 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''.
       (6) 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 orC''.
       (7) 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''.
       (8) 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''.
       (9) 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''.
       (10) 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) 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''.
       (g) 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 14101''.
       (h) 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 C''.
       (i) 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.
       (j) Educational Partnerships Act of 1988.--The Educational 
     Partnerships Act of 1988 (20 U.S.C. 5031 et seq.) is 
     repealed.
       (k) 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.
       (l) 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.
       (m) 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 
     14101''.
       (n) 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 14101''.
       (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''.
       (o) 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''.
       (p) 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 
     14101''; and
       (B) by striking ``(20 U.S.C. 3381)''; and
       (2) in paragraph (6)--
       (A) by striking ``section 198'' and inserting ``section 
     14101''; and
       (B) by striking ``(20 U.S.C. 2854)''.
       (q) 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 14101''.
       (r) Older Americans Act of 1965.--(1) 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 
     14101''; 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)''.
       (2) 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 
     14101''; and
       (B) by striking ``(20 U.S.C. 2891)''.
       (s) 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) 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 ``part B of title XIII''.
       (7) 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 14101''.
       (8) 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 7004(a)''.
       (t) 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''.
       (u) 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 14101''.
       (v) 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 14101''.
       (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 ``the 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 (Even 
     Start)''.
       (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 B''.
       (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 B''.
       (w) Follow Through Act.--The Follow Through Act (42 U.S.C. 
     9861 et seq.) is repealed.
       (x) 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 14101''.
       (y) 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''.
       (z) 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. 392. 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. 393. 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 
     IX 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 IX 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 9104(c)(4) of the 
     Elementary and Secondary Education Act of 1965''.

     SEC. 394. 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 7004(a)''.
       (b) 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 ``title 
     IV of the Elementary and Secondary Education Act of 1965''.
       (c) 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 14101''; and
       (2) in subparagraph (A) of paragraph (5), by striking 
     ``section 198(a)(7)'' and inserting ``section 14101''.
       (d) 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 7004(a) of the Elementary and 
     Secondary Education Act of 1965''.
       (e) 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)'' and inserting ``section 14101''.
       (f) 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 14101''; 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 14101'';
       (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 1020 and 14503''; 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.''.
       (g) 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.''.
       (h) 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 14101 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 14101 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 14101 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 14101 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))''.
       (i) 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 14101 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 14101''.
       (j) 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.''.
       (k) 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''.
       (l) 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 14101 of the Elementary and Secondary 
     Education Act of 1965''; and
       (2) in paragraph (11), by striking ``section 198(a)(17)'' 
     and inserting ``section 14101''.
       (m) 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''.
                TITLE IV--NATIONAL EDUCATION STATISTICS

     SEC. 401. SHORT TITLE.

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

     SEC. 402. FINDINGS; PURPOSE; DEFINITIONS.

       (a) Findings.--The Congress finds that--
       (1) a Department 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 United 
     States'';
       (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 the Nation's educational systems.
       (b) Purpose.--It is the purpose of this title 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 title and unless 
     otherwise specified--
       (1) the term ``Assistant Secretary'' means the Assistant 
     Secretary for Educational Research and Improvement 
     established under section 202(b)(1)(E) of the Department of 
     Education Organization Act;
       (2) the term ``Department'' means the Department of 
     Education;
       (3) the term ``institution of higher education'' has the 
     same meaning given such term in section 1201(a) of the Higher 
     Education Act of 1965;
       (4) the term ``local educational agency'' has the same 
     meaning given such term in section 14101 of the Elementary 
     and Secondary Education Act of 1965;
       (5) the term ``Secretary'' means the Secretary of 
     Education;
       (6) the term ``State educational agency'' has the same 
     meaning given such term in section 14101 of the Elementary 
     and Secondary Education Act of 1965; and
       (7) the terms ``State'' and ``United States''--
       (A) other than for the purpose of section 411, mean each of 
     the 50 States, the District of Columbia, and the Commonwealth 
     of Puerto Rico; and
       (B) for the purpose of section 411, have the same meaning 
     given such terms in subparagraph (A), except that such terms 
     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. 403. NATIONAL CENTER FOR EDUCATION STATISTICS.

       (a) Establishment.--There is established, within the Office 
     of Educational Research and Improvement established under 
     section 208 of the Department of Education Organization Act, 
     a National Center for Education Statistics (hereafter in this 
     title 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 title 
     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 assisted by the 
     Center;
       (B) be paid in accordance with section 5315 of title 5, 
     United States Code; and
       (C) serve for a term of four 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. 404. DUTIES OF THE CENTER.

       (a) Duties.--The duties of the Center are to collect, 
     analyze, and disseminate statistics and other information 
     related to education in the United States and in other 
     nations, including--
       (1) collecting, acquiring, compiling (where appropriate, on 
     a State by State basis), and disseminating full and complete 
     statistics on the condition and progress of education, at the 
     preschool, elementary, secondary, and postsecondary levels in 
     the United States, including data on--
       (A) State and local education reform activities;
       (B) student achievement at all levels of education;
       (C) secondary school completions, dropouts, and adult 
     literacy;
       (D) educational access to and opportunity for postsecondary 
     education, including data on financial aid to postsecondary 
     students;
       (E) teaching, including data on course-taking, 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;
       (F) the learning and teaching environment, including data 
     on libraries;
       (G) the incidence, frequency, seriousness, and nature of 
     violence affecting students, school personnel, and other 
     individuals participating in school activities, as well as 
     other indices of school safety;
       (H) the financing and management of education, including 
     data on revenues and expenditures; and
       (I) 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) collecting, analyzing, cross-tabulating, and reporting, 
     to the extent feasible, so as to provide information by 
     gender, race, socioeconomic status, limited-English 
     proficiency, and other population characteristics when such 
     disaggregated information would facilitate educational and 
     policy decisionmaking;
       (5) assisting public and private educational agencies, 
     organizations, and institutions in improving and automating 
     statistical and data collection activities; and
       (6) acquiring and disseminating data on educational 
     activities and student achievement in the United States 
     compared with foreign nations.
       (b) 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 appoint such employees as 
     temporary fellows at the Center in order to assist the Center 
     in carrying out its duties.

     SEC. 405. PERFORMANCE OF DUTIES.

       (a) Grants, Contracts, and Cooperative Agreements.--
       (1) In general.--In carrying out the Commissioner's duties 
     under this title, the Commissioner may award grants, and 
     enter into contracts and cooperative agreements.
       (2) Duration.--Notwithstanding any other provision of law, 
     the grants, contracts, and cooperative agreements under this 
     section may be awarded, on a competitive basis, for a period 
     of not more than five years, and may be renewed at the 
     discretion of the Commissioner for an additional period of 
     not more than five years.
       (b) Gathering Information.--
       (1) Sampling.--The Commissioner may use the statistical 
     method known as sampling to carry out the purpose of this 
     title.
       (2) Source of information.--The Commissioner may, as the 
     Commissioner considers appropriate, use information 
     collected--
       (A) from States, local educational agencies, public and 
     private schools, preschools, 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. 406. 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. 407. ADVISORY COUNCIL ON EDUCATION STATISTICS.

       (a) Establishment.--There is established, within the 
     Center, the Advisory Council on Education Statistics 
     (hereafter in this title referred to as the ``Council'').
       (b) Membership.--
       (1) Composition.--The Council shall be composed of--
       (A) 18 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, of 
     whom at least--
       (i) three shall be practicing educators;
       (ii) three shall be education policymakers;
       (iii) three shall be professional statisticians;
       (iv) three shall be education researchers; and
       (v) three shall be experts in educational measurement;
       (B) three individuals representing the general public, 
     appointed by the Secretary;
       (C) the Director of the Census and the Commissioner of 
     Labor Statistics, as voting, ex officio members; and
       (D) the Assistant Secretary and the Commissioner, as 
     nonvoting, ex officio members.
       (2) Presiding officer.--The Commissioner 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 three-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 six members in the same calendar year.
       (4) Meetings.--(A) The Council shall meet in public session 
     at the call of the presiding officer, except that the Council 
     shall meet--
       (i) at least two times during each calendar year; and
       (ii) in addition, whenever ten voting members request in 
     writing that the presiding officer call a meeting.
       (B) Eleven voting members of the Council shall constitute a 
     quorum.
       (5) Special rule.--The Council shall--
       (A) 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; and
       (B) advise the Commissioner and the National Assessment 
     Governing Board on technical and statistical matters related 
     to the National Assessment of Educational Progress.
       (6) Staff.--The Council shall appoint a staff of not more 
     than six individuals with technical expertise to enable the 
     Council to carry out its duties.

     SEC. 408. CONFIDENTIALITY.

       (a) Confidentiality Standards.--
       (1) In general.--(A) The Center shall develop and enforce 
     standards designed to protect the confidentiality of persons 
     in the collection, reporting, and publication of data under 
     this title.
       (B) 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 title for any purpose other than a statistical 
     purpose;
       (B) make any publication whereby the data furnished by any 
     particular person under this title 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 title, shall require, 
     for any reason, copies of reports that have been filed under 
     this title 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 the Center's 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 (5)(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 (5)(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 title, shall be found guilty of a class E felony and 
     imprisoned for not more than five 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 the Center's 
     responsibilities, but only if such temporary staff are sworn 
     to observe the limitations imposed by this section.
       (4) Information requirements.--No collection of information 
     or data acquisition activity undertaken by the Center shall 
     be subject to any review, coordination, or approval procedure 
     except as required by the Director of the Office of 
     Management and Budget under the rules and regulations 
     established pursuant to chapter 35 of title 44, United States 
     Code, except such collection of information or data 
     acquisition activity may be subject to review or coordination 
     if the Commissioner determines that such review or 
     coordination is beneficial.
       (5) 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.
       (6) 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 
     five years, or fined as specified in section 3571 of title 
     18, United States Code, or both.
       (7) 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 (6) shall apply to such 
     individuals.

     SEC. 409. 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 
     title, 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 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 agencies.--The Center shall, consistent with 
     section 408, cooperate 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. 410. 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.--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 education agency levels.

     SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.

       (a) Establishment.--The Commissioner shall, with the advice 
     of the National Assessment Governing Board established under 
     section 412, and with the technical assistance of the 
     Advisory Council established under section 407, 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 title 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 two years, on students at ages 9, 13, and 17 
     and in grades 4, 8, and 12 in public and private schools;
       (B) report achievement data on a basis that ensures valid 
     and reliable trend reporting;
       (C) include information on special groups, including, 
     whenever feasible, information collected, cross-tabulated, 
     analyzed, and reported by sex, race or ethnicity and 
     socioeconomic status; and
       (D) 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)(i) The Commissioner, in 
     carrying out the National Assessment, may conduct State 
     assessments of student achievement in grades 4, 8, and 12.
       (ii) Each such State assessment, in each subject area and 
     at each grade level, shall be conducted on a developmental 
     basis until the Commissioner determines, as the result of an 
     evaluation required by subsection (f), that such assessment 
     produces high quality data that are valid and reliable.
       (B)(i) States wishing to participate in State assessments 
     shall enter into an agreement with the Secretary pursuant to 
     subsection (d)(2).
       (ii) Such agreement shall contain information sufficient to 
     give States full information about the process for consensus 
     decisionmaking on objectives to be tested, and the standards 
     for sampling, test administration, test security, data 
     collection, validation, and reporting.
       (C) 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) 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) Notwithstanding any other provision of law, the 
     Commissioner may decline to make available to the public for 
     a period, not to exceed ten years after initial use, 
     cognitive questions that the Commissioner intends to reuse in 
     the future.
       (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 Commissioner 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 
     such participation.
       (3) Non-federal share.--(A) 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), such as the cost of 
     analyzing and reporting the data.
       (B) The non-Federal share of payments under this paragraph 
     may be in cash or in kind, fairly valued.
       (C) 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 
     will be met.
       (e) Student Performance Levels.--
       (1) Performance levels.--The National Assessment Governing 
     Board, established under section 412, shall develop 
     appropriate student performance levels for each age and grade 
     in each subject area to be tested under the National 
     Assessment.
       (2) Development of levels.--(A) Such levels shall be--
       (i) 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;
       (ii) used on a developmental basis until the Commissioner 
     determines, as the result of an evaluation under subsection 
     (f), that such levels are reasonable, valid, and informative 
     to the public; and
       (iii) updated as appropriate.
       (B) In using such levels on a developmental basis, the 
     Commissioner and the Board shall ensure that reports that use 
     such levels do so in a manner that makes clear the 
     developmental status of such levels.
       (3) Reporting.--After determining that such levels are 
     reasonable, valid, and informative to the public, as the 
     result of an evaluation under subsection (f), the 
     Commissioner shall use such levels or other methods or 
     indicators for reporting results of the National Assessment 
     and State assessments.
       (f) Review of National and State Assessments.--
       (1) In general.--(A) The Secretary shall provide for 
     continuing review of the National Assessment, State 
     assessments, and student performance levels, by one or more 
     nationally recognized evaluation organizations, such as the 
     National Academy of Education and the National Academy of 
     Sciences.
       (B) Such continuing review shall address--
       (i) whether each developmental State assessment is properly 
     administered, produces high quality data that are valid and 
     reliable, and produces data on student achievement that are 
     not otherwise available to the State (other than data 
     comparing participating States to each other and the Nation); 
     and
       (ii) whether developmental student performance levels are 
     reasonable, valid, and informative to the public.
       (2) Report.--The Secretary shall report to the Congress, 
     the President, and the Nation on the findings and 
     recommendations of such reviews.
       (3) Use of findings and recommendations.--The Commissioner 
     shall consider the findings and recommendations of such 
     reviews in designing the competition to select the 
     organization, or organizations, through which the 
     Commissioner carries out the National Assessment.
       (g) 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. 412. NATIONAL ASSESSMENT GOVERNING BOARD.

       (a) Establishment.--There is established the National 
     Assessment Governing Board (hereafter in this title 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.--
       (1) In general.--Terms of service of members of the Board 
     shall be staggered and may not exceed a period of 3 years, as 
     determined by the Secretary.
       (2) Service limitation.--Members of the Board may serve not 
     more than two terms.
       (3) Change of status.--A 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.--
       (1) In general.--(A) The Secretary shall appoint new 
     members to fill vacancies on the Board from among individuals 
     who are nominated by organizations representing the type of 
     individuals described in subsection (b)(1) with respect to 
     which the vacancy exists.
       (B) Each organization submitting nominations to the 
     Secretary with respect to a particular vacancy shall nominate 
     for such vacancy six individuals who are qualified by 
     experience or training to fill the particular Board vacancy.
       (C) The Secretary's appointments shall maintain the 
     composition, diversity, and balance of the Board required 
     under subsection (b).
       (2) Additional nominations.--The Secretary may request that 
     each organization described in paragraph (1)(A) submit 
     additional nominations if the Secretary determines that none 
     of the individuals nominated by such organization have 
     appropriate knowledge or expertise.
       (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 411(b)(1));
       (B) develop appropriate student performance levels as 
     provided in section 411(e);
       (C) develop assessment objectives and test specifications 
     through a national consensus approach which includes the 
     active participation of teachers, curriculum specialists, 
     local school administrators, parents, and concerned members 
     of the public;
       (D) design the methodology of the assessment, in 
     consultation with appropriate technical experts, including 
     the Advisory Council established under section 407;
       (E) develop guidelines for reporting and disseminating 
     results;
       (F) develop standards and procedures for interstate, 
     regional, and national comparisons; and
       (G) 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) Prohibition against 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) Technical.--In carrying out the duties required by 
     paragraph (1), the Board may seek technical advice, as 
     appropriate, from the Commissioner and the Advisory Council 
     on Education Statistics and other experts.
       (6) Report.--Not later than 90 days after an evaluation of 
     the student performance levels under section 411(e), the 
     Board shall make a report to the Secretary, the Committee on 
     Education and Labor of the House of Representatives, and the 
     Committee on Labor and Human Resources of the Senate 
     describing the steps the Board is taking to respond to each 
     of the recommendations contained in such evaluation.
       (f) Personnel.--
       (1) 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.--(A) The Secretary may appoint, at the request 
     of the Board, such staff as will enable the Board to carry 
     out its responsibilities.
       (B) Such appointments may include, for terms not to exceed 
     three years and without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service, not more than six technical employees who may be 
     paid without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of such title relating to 
     classification and General Schedule pay rates.
       (g) Coordination.--The Commissioner and the Board shall 
     meet periodically--
       (1) to ensure coordination of their duties and activities 
     relating to the National Assessment; and
       (2) for the Commissioner to report to the Board on the 
     Department's actions to implement the decisions of the Board.
       (h) Administration.--Only sections 10, 11, and 12 of the 
     Federal Advisory Committee Act shall apply with respect to 
     the Board.

     SEC. 413. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     $65,000,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the four succeeding fiscal years to 
     carry out this title (other than sections 411 and 412).
       (b) National Assessment.--There are authorized to be 
     appropriated $35,000,000 for fiscal year 1995 and such sums 
     as may be necessary for each of the fiscal years 1996 and 
     1997 to carry out section 411.
       (c) Governing Board.--There are authorized to be 
     appropriated $3,000,000 for fiscal year 1995 and such sums as 
     may be necessary for each of the fiscal years 1996 and 1997 
     to carry out section 412 .
                   TITLE V--MISCELLANEOUS PROVISIONS

     PART A--ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIP ACT

     SEC. 511. SHORT TITLE.

       This part may be cited as the ``Albert Einstein 
     Distinguished Educator Fellowship Act of 1994''.

     SEC. 512. FINDINGS.

       The Congress finds that--
       (1) the Department of Energy has unique and extensive 
     mathematics and science capabilities that contribute to 
     mathematics and science education programs throughout the 
     Nation;
       (2) a need exists to increase understanding, communication, 
     and cooperation between the Congress, the Department of 
     Energy, other Federal agencies, and the mathematics and 
     science education community;
       (3) elementary and secondary school mathematics and science 
     teachers can provide practical insight to the legislative and 
     executive branches in establishing and operating education 
     programs; and
       (4) a pilot program that placed elementary and secondary 
     school mathematics and science teachers in professional staff 
     positions in the Senate and the House of Representatives has 
     proven successful and demonstrated the value of expanding the 
     program.

     SEC. 513. PURPOSE; DESIGNATION.

       (a) Purpose.--The purpose of this part is to establish 
     within the Department of Energy a national fellowship program 
     for elementary and secondary school mathematics and science 
     teachers.
       (b) Designation.--A recipient of a fellowship under this 
     part shall be known as an ``Albert Einstein Fellow''.

     SEC. 514. DEFINITIONS.

       As used in this part--
       (1) the term ``elementary school'' has the meaning provided 
     by section 14101 of the Elementary and Secondary Education 
     Act of 1965;
       (2) the term ``local educational agency'' has the meaning 
     provided by section 14101 of the Elementary and Secondary 
     Education Act of 1965;
       (3) the term ``secondary school'' has the meaning provided 
     by section 14101 of the Elementary and Secondary Education 
     Act of 1965; and
       (4) the term ``Secretary'' means the Secretary of Energy.

     SEC. 515. FELLOWSHIP PROGRAM.

       (a) In General.--
       (1) Establishment.--The Secretary shall establish the 
     Albert Einstein Distinguished Educator Fellowship Program 
     (hereafter in this part referred to as the ``Program'') to 
     provide 12 elementary or secondary school mathematics or 
     science teachers with fellowships in each fiscal year in 
     accordance with this part.
       (2) Order of priority.--The Secretary may reduce the number 
     of fellowships awarded under this part for any fiscal year in 
     which the amount appropriated for the Program is insufficient 
     to support 12 fellowships. If the number of fellowships 
     awarded under this part is reduced for any fiscal year, then 
     the Secretary shall award fellowships based on the following 
     order of priority:
       (A) Three fellowships in the Department of Energy.
       (B) Two fellowships in the Senate.
       (C) Two fellowships in the House of Representatives.
       (D) One fellowship in each of the following entities:
       (i) The Department of Education.
       (ii) The National Institutes of Health.
       (iii) The National Science Foundation.
       (iv) The National Aeronautics and Space Administration.
       (v) The Office of Science and Technology Policy.
       (3) Terms of fellowships.--Each fellowship awarded under 
     this part shall be awarded for a period of ten months that, 
     to the extent practicable, coincide with the academic year.
       (4) Eligibility.--To be eligible for a fellowship under 
     this part, an elementary or secondary school mathematics or 
     science teacher must demonstrate--
       (A) that such teacher would bring unique and valuable 
     contributions to the Program;
       (B) that such teacher is recognized for excellence in 
     mathematics or science education; and
       (C)(i) a sabbatical leave from teaching will be granted in 
     order to participate in the Program; or
       (ii) the teacher will return to a teaching position 
     comparable to the position held prior to participating in the 
     Program.
       (b) Administration.--The Secretary shall--
       (1) provide for the development and administration of an 
     application and selection process for fellowships under the 
     Program, including a process whereby final selections of 
     fellowship recipients are made in accordance with subsection 
     (c);
       (2) provide for the publication of information on the 
     Program in appropriate professional publications, including 
     an invitation for applications from teachers listed in the 
     directories of national and State recognition programs;
       (3) select from the pool of applicants 12 elementary and 
     secondary school mathematics teachers and 12 elementary and 
     secondary school science teachers;
       (4) develop a program of orientation for fellowship 
     recipients under this part; and
       (5) not later than August 31 of each year in which 
     fellowships are awarded, prepare and submit an annual report 
     and evaluation of the Program to the appropriate Committees 
     of the Senate and the House of Representatives.
       (c) Selection.--
       (1) In general.--The Secretary shall arrange for the 24 
     semifinalists to travel to Washington, D.C., to participate 
     in interviews in accordance with the selection process 
     described in paragraph (2).
       (2) Final selection.--(A) Not later than May 1 of each year 
     preceding each year in which fellowships are to be awarded, 
     the Secretary shall select and announce the names of the 
     fellowship recipients.
       (B) The Secretary shall provide for the development and 
     administration of a process to select fellowship recipients 
     from the pool of semifinalists as follows:
       (i) The Secretary shall select three fellowship recipients 
     who shall be assigned to the Department of Energy.
       (ii) The Majority Leader of the Senate and the Minority 
     Leader of the Senate, or their designees, shall each select a 
     fellowship recipient who shall be assigned to the Senate.
       (iii) The Speaker of the House of Representatives and the 
     Minority Leader of the House of Representatives, or their 
     designees, shall each select a fellowship recipient who shall 
     be assigned to the House of Representatives.
       (iv) Each of the following individuals, or their designees, 
     shall select one fellowship recipient who shall be assigned 
     within the department, office, agency, or institute such 
     individual administers:
       (I) The Secretary of Education.
       (II) The Director of the National Institutes of Health.
       (III) The Director of the National Science Foundation.
       (IV) The Administrator of the National Aeronautics and 
     Space Administration.
       (V) The Director of the Office of Science and Technology 
     Policy.

     SEC. 516. FELLOWSHIP AWARDS.

       (a) Fellowship Recipient Compensation.--Each recipient of a 
     fellowship under this part shall be paid during the 
     fellowship period at a rate of pay that shall not exceed the 
     minimum annual rate payable for a position under GS-13 of the 
     General Schedule.
       (b) Local Educational Agency.--The Secretary shall seek to 
     ensure that no local educational agency penalizes a teacher 
     who elects to participate in the Program.

     SEC. 517. WASTE MANAGEMENT EDUCATION RESEARCH CONSORTIUM 
                   (WERC).

       (a) In General.--The Secretary is authorized to establish a 
     partnership of Department of Energy laboratories, academic 
     institutions, and private sector industries to conduct 
     environmentally-related education programs, including 
     programs involving environmentally conscious manufacturing 
     and waste management activities that have undergraduate and 
     graduate educational training as a component.

     SEC. 518. AUTHORIZATION OF APPROPRIATIONS.

       (a) There are authorized to be appropriated for the Program 
     $700,000 for fiscal year 1995, and such sums as may be 
     necessary for each of the four succeeding fiscal years.
       (b) WERC program.--There are authorized to be appropriated 
     for the WERC program under section 517 such sums as may be 
     necessary for fiscal year 1995 and each of the four 
     succeeding fiscal years.

                 PART B--COMMUNITY SCHOOL PARTNERSHIPS

     SEC. 521. SHORT TITLE.

       This part may be cited as the ``Community School 
     Partnership Act''.

     SEC. 522. FINDINGS.

       The Congress finds that--
       (1) the local community, when properly organized and 
     challenged, is one of the best sources of academic support, 
     motivation toward achievement, and financial resources for 
     aspiring postsecondary students;
       (2) local communities, working to complement or augment 
     services currently being offered by area schools and 
     colleges, can raise the educational expectations and increase 
     the rate of postsecondary attendance of their youth by 
     forming locally based organizations that provide both 
     academic support (including guidance, counseling, mentoring, 
     tutoring, encouragement, and recognition) and tangible, 
     locally raised, effectively targeted, publicly recognized 
     financial assistance;
       (3) proven methods of stimulating these community efforts 
     can be promoted through Federal support for the establishment 
     of area program centers to organize and challenge community 
     efforts to develop educational incentives and support for 
     local students; and
       (4) using Federal funds to leverage private contributions 
     to help students from low-income families attain educational 
     and career goals is an efficient and effective investment of 
     scarce taxpayer-provided resources.

     SEC. 523. DEFINITIONS.

       As used in this part:
       (1) Area program center.--The term ``area program center'' 
     means an organization that--
       (A) is part of, responsible to, and overseen by, the 
     national organization; and
       (B) is staffed by professionals trained to create, develop, 
     and sustain local affiliated chapters in towns, cities, and 
     neighborhoods.
       (2) Local affiliated chapter.--The term ``local affiliated 
     chapter'' means an organization that--
       (A) is a nonprofit organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986, and 
     exempt from taxation under section 501(a) of such Code (or 
     shall meet this criteria through affiliation with the 
     national organization described in paragraph (3));
       (B) is formed for the purpose of providing educational 
     scholarships and academic support for residents of the local 
     community served by such organization;
       (C) solicits broad-based community support in its academic 
     support and fund-raising activities;
       (D) is broadly representative of the local community in the 
     structures of its volunteer-operated organization and has a 
     board of directors that includes leaders from local 
     neighborhood organizations and neighborhood residents, such 
     as school or college personnel, parents, students, community 
     agency representatives, and representatives of the business 
     community;
       (E) awards scholarships without regard to age, sex, marital 
     status, race, creed, color, religion, national origin or 
     disability; and
       (F) gives priority in awarding scholarships to students 
     from low-income families in the local community.
       (3) National organization.--The term ``national 
     organization'' means an organization that--
       (A) has the capacity to create, develop and sustain local 
     affiliated chapters;
       (B) has the capacity to sustain newly created local 
     affiliated chapters in towns, cities, and neighborhoods 
     through ongoing training and support programs;
       (C) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986, and exempt from taxation under section 
     501(a) of such Code;
       (D) is a publicly supported organization within the meaning 
     of section 170(b)(1)(A)(vi) of such Code;
       (E) ensures that each of its local affiliated chapters meet 
     the criteria described in subparagraphs (C) and (D); and
       (F) has a program for or experience in cooperating with 
     secondary and postsecondary institutions in carrying out its 
     scholarship and academic support activities.
       (4) High-poverty area.--The term ``high-poverty area'' 
     means a community with a higher percentage of children in 
     poverty than the national average of such percentage.
       (5) Students from low-income families.--The term ``students 
     from low-income families'' means students determined, 
     pursuant to part F of title IV of the Higher Education Act of 
     1965, to be eligible for a Federal Pell Grant under subpart 1 
     of part A of title IV of such Act.

     SEC. 524. PURPOSE; ENDOWMENT GRANT AUTHORITY.

       (a) Purpose.--It is the purpose of this part to establish 
     and support area program centers to enable such centers to 
     foster the development of local affiliated chapters in high-
     poverty areas that promote higher education goals for 
     students from low-income families by--
       (1) providing academic support, including guidance, 
     counseling, mentoring, tutoring, and recognition; and
       (2) providing scholarship assistance for the pursuit of 
     postsecondary education.
       (b) Endowment Grant Authority.--From the funds appropriated 
     pursuant to the authority of section 527, the Secretary shall 
     award an endowment grant, on a competitive basis, to a 
     national organization to enable such organization to support 
     the establishment or ongoing work of area program centers 
     that foster the development of local affiliated chapters in 
     high-poverty areas to improve high school graduation rates 
     and postsecondary attendance through the provision of 
     academic support services and scholarship assistance for the 
     pursuit of postsecondary education.

     SEC. 525. GRANT AGREEMENT AND REQUIREMENTS.

       (a) In General.--The Secretary shall award the endowment 
     grant described in section 524(b) pursuant to an agreement 
     between the Secretary and the national organization. Such 
     agreement shall--
       (1) require the national organization to establish an 
     endowment fund in the amount of the grant, the corpus of 
     which shall remain intact and the interest income from which 
     shall be used to support the activities described in 
     paragraphs (2) and (3);
       (2) require the national organization to use 25 percent of 
     the interest income from the endowment fund in any fiscal 
     year to provide scholarships for students from low-income 
     families, which scholarships shall be matched on a dollar-
     for-dollar basis from funds raised by local affiliated 
     chapters;
       (3) require the national organization to use 75 percent of 
     the interest income from the endowment fund in any fiscal 
     year to support the establishment or ongoing work of area 
     program centers to enable such centers to work with local 
     communities to establish local affiliated chapters in high-
     poverty areas and provide ongoing technical assistance, 
     training workshops, and other activities to help ensure the 
     ongoing success of the local affiliated chapters;
       (4) require the area program centers supported by the 
     national organization to give priority to establishing local 
     affiliated chapters that serve high-poverty areas;
       (5) require the national organization to submit, in each 
     fiscal year in which such organization uses the interest from 
     the endowment fund, a report to the Secretary that contains--
       (A) a description of the programs and activities supported 
     by the interest on the endowment fund;
       (B) the audited financial statement of the national 
     organization for the preceding fiscal year;
       (C) a plan for the programs and activities to be supported 
     from the interest on the endowment fund during the five 
     succeeding fiscal years;
       (D) an evaluation of the programs and activities supported 
     by the interest on the endowment fund as the Secretary may 
     require; and
       (E) data indicating the number of students from low-income 
     families who received scholarships from local affiliated 
     chapters, and the amounts of such scholarships;
       (6) contain such assurances as the Secretary may require 
     with respect to the management and operation of the endowment 
     fund;
       (7) require that, in order to continue using the interest 
     from the endowment fund, the national organization will meet 
     the continuing eligibility requirements described in section 
     526; and
       (8) contain an assurance that if the Secretary determines 
     that such organization is not in substantial compliance with 
     the provisions of this part, then the national organization 
     shall pay to the Secretary an amount equal to the corpus of 
     the endowment fund plus any accrued interest on such fund 
     that is available to the national organization on the date of 
     such determination.
       (b) Returned Funds.--All funds returned to the Secretary 
     pursuant to subsection (a)(8) shall be available to the 
     Secretary to carry out any scholarship or grant program 
     assisted under title IV of the Higher Education Act of 1965.

     SEC. 526. CONTINUING ELIGIBILITY.

       The national organization shall be eligible to continue to 
     use the interest from the endowment fund in accordance with 
     the provisions of this part in the third and each such 
     succeeding fiscal year in which such organization uses such 
     interest only if the local affiliated chapters associated 
     with all area program centers supported under this part 
     distribute to students from low-income families 80 percent of 
     the total amount of funds raised by all such chapters in such 
     year.

     SEC. 527. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $10,000,000 for 
     fiscal year 1996 to carry out this part.

                       PART C--1994 INSTITUTIONS

     SEC. 531. SHORT TITLE.

       This part may be cited as the ``Equity in Educational Land-
     Grant Status Act of 1994''.

     SEC. 532. DEFINITION.

       As used in this part, the term ``1994 Institutions'' means 
     any one of the following colleges:
       (1) Bay Mills Community College.
       (2) Blackfeet Community College.
       (3) Cheyenne River Community College.
       (4) D-Q University.
       (5) Dullknife Memorial College.
       (6) Fond Du Lac Community College.
       (7) Fort Belknap Community College.
       (8) Fort Berthold Community College.
       (9) Fort Peck Community College.
       (10) LacCourte Orielles Ojibwa Community College.
       (11) Little Big Horn Community College.
       (12) Little Hoop Community College.
       (13) Nebraska Indian Community College.
       (14) Northwest Indian College.
       (15) Oglala Lakota College.
       (16) Salish Kootenai College.
       (17) Sinte Gleska University.
       (18) Sisseton Wahpeton Community College.
       (19) Standing Rock College.
       (20) Stonechild Community College.
       (21) Turtle Mountain Community College.
       (22) Navajo Community College.
       (23) United Tribes Technical College.
       (24) Southwest Indian Polytechnic Institute.
       (25) Institute of American Indian and Alaska Native Culture 
     and Arts Development.
       (26) Crownpoint Institute of Technology.
       (27) Haskell Indian Junior College.
       (28) Leech Lake Tribal College.
       (29) College of the Menominee Nation.

     SEC. 533. LAND-GRANT STATUS FOR 1994 INSTITUTIONS.

       (a) In General.--
       (1) Status of 1994 institutions.--Except as provided in 
     paragraph (2), 1994 Institutions shall be considered land-
     grant colleges established for the benefit of agriculture and 
     the mechanic arts in accordance with the provisions of the 
     Act of July 2, 1862 (12 Stat. 503; 7 U.S.C. 301 et seq.) 
     (commonly known as the First Morrill Act).
       (2) 1994 institutions.--(A) 1994 Institutions shall not be 
     considered as land-grant colleges that are eligible to 
     receive funding under--
       (i) the Act of March 2, 1887 (24 Stat. 440, chapter 314; 7 
     U.S.C. 361a et seq.);
       (ii) the Act of May 8, 1914 (38 Stat. 373, chapter 79; 7 
     U.S.C. 343), except as provided under section 3(b)(3) of such 
     Act (as added by section 534(b)(1) of this part); or
       (iii) the Act of August 30, 1890 (26 Stat. 417, chapter 
     841; 7 U.S.C. 321 et seq.) (commonly known as the Second 
     Morrill Act.)
       (B) In lieu of receiving donations under the provisions of 
     the Act of July 2, 1862 (12 Stat. 503; 7 U.S.C. 301 et seq.) 
     (commonly known as the First Morrill Act), relating to the 
     donations of public land or scrip for the endowment and 
     maintenance of colleges for the benefit of agriculture and 
     the mechanic arts, 1994 Institutions shall receive funding 
     pursuant to the authorization under subsection (b).
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated $4,600,000 for each of fiscal years 1996 
     through 2000. Amounts appropriated pursuant to this section 
     shall be held and considered to have been granted to 1994 
     Institutions to establish an endowment pursuant to subsection 
     (c).
       (c) Endowment.--
       (1) In general.--In accordance with this subsection, the 
     Secretary of the Treasury shall establish a 1994 Institutions 
     Endowment Fund (hereafter in this subsection referred to as 
     the ``endowment fund''). The Secretary may enter into such 
     agreements as are necessary to carry out this subsection.
       (2) Deposit to the endowment fund.--The Secretary shall 
     deposit in the endowment fund any--
       (A) amounts made available by appropriations pursuant to 
     subsection (b) (hereafter in this subsection referred to as 
     the ``endowment fund corpus''); and
       (B) interest earned on the endowment fund corpus.
       (3) Investments.--The Secretary shall invest the endowment 
     fund corpus and income in interest-bearing obligations of the 
     United States.
       (4) Withdrawals and expenditures.--The Secretary may not 
     make a withdrawal or expenditure from the endowment fund 
     corpus. On the termination of each fiscal year, the Secretary 
     shall withdraw the amount of the income from the endowment 
     fund for the fiscal year, and after making adjustments for 
     the cost of administering the endowment fund, distribute the 
     adjusted income as follows:
       (A) 60 percent of the adjusted income shall be distributed 
     among the 1994 Institutions on a pro rata basis. The 
     proportionate share of the adjusted income received by a 1994 
     Institution under this subparagraph shall be based on the 
     Indian student count (as defined in section 390(3) of the 
     Carl D. Perkins Vocational and Applied Technology Education 
     Act (20 U.S.C. 2397h(3)) for each 1994 Institution for the 
     fiscal year.
       (B) 40 percent of the adjusted income shall be distributed 
     in equal shares to the 1994 Institutions.

     SEC. 534. APPROPRIATIONS.

       (a) Authorization of Appropriations.--
       (1) In general.--For fiscal year 1996, and for each fiscal 
     year thereafter, there are authorized to be appropriated to 
     the Department of the Treasury an amount equal to--
       (A) $50,000; multiplied by
       (B) the number of 1994 Institutions.
       (2) Payments.--For each fiscal year, the Secretary of the 
     Treasury shall pay to the treasurer of each 1994 Institution 
     an amount equal to--
       (A) the total amount made available by appropriations 
     pursuant to paragraph (1); divided by
       (B) the number of 1994 Institutions.
       (3) Use of funds; requirements.--The amounts authorized to 
     be appropriated under this subsection shall be used in the 
     same manner as is prescribed for colleges under the Act of 
     August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 321 et 
     seq.) (commonly known as the Second Morrill Act), and, except 
     as otherwise provided in this subsection, the requirements of 
     such Act shall apply to 1994 Institutions.
       (b) Funding.--Section 3 of the Act of May 8, 1914 (38 Stat. 
     373, chapter 79; 7 U.S.C. 343) is amended--
       (1) in subsection (b), by adding at the end the following 
     new paragraph:
       ``(3) There are authorized to be appropriated for the 
     fiscal year ending June 30, 1996, and for each fiscal year 
     thereafter, for payment on behalf of the 1994 Institutions 
     (as defined in section 532 of the Equity in Educational Land-
     Grant Status Act of 1994), $5,000,000 for the purposes set 
     forth in section 2. Such sums shall be in addition to the 
     sums appropriated for the several States and Puerto Rico, the 
     Virgin Islands, and Guam under the provisions of this 
     section. Such sums shall be distributed on the basis of a 
     competitive application process to be developed and 
     implemented by the Secretary and paid by the Secretary to 
     State institutions established in accordance with the 
     provisions of the Act of July 2, 1862 (12 Stat. 503, chapter 
     130; 7 U.S.C. 301 et seq.) (commonly known as the First 
     Morrill Act) (other than 1994 Institutions) and administered 
     by such institutions through cooperative agreements with 1994 
     Institutions in the States of the 1994 Institutions in 
     accordance with regulations that the Secretary shall 
     adopt.'';
       (2) by redesignating subsection (f) as subsection (g); and
       (3) by inserting after subsection (e) the following new 
     subsection:
       ``(f) There shall be no matching requirement for funds made 
     available pursuant to subsection (b)(3).''.

     SEC. 535. INSTITUTIONAL CAPACITY BUILDING GRANTS.

       (a) Definitions.--As used in this section:
       (1) Federal share.--The term ``Federal share'' means, with 
     respect to a grant awarded under subsection (b), the share of 
     the grant that is provided from Federal funds.
       (2) Non-federal share.--The term ``non-Federal share'' 
     means, with respect to a grant awarded under subsection (b), 
     the matching funds paid with funds other than funds referred 
     to in paragraph (1), as determined by the Secretary.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) In General.--
       (1) Institutional capacity building grants.--For each of 
     fiscal years 1996 through 2000, the Secretary shall make two 
     or more institutional capacity building grants to assist 1994 
     Institutions with constructing, acquiring, and remodeling 
     buildings, laboratories, and other capital facilities 
     (including fixtures and equipment) necessary to conduct 
     instructional activities more effectively in agriculture and 
     sciences.
       (2) Requirements for grants.--The Secretary shall make 
     grants under this section--
       (A) on the basis of a competitive application process under 
     which appropriate officials of 1994 Institutions may submit 
     applications to the Secretary in such form and manner as the 
     Secretary may prescribe; and
       (B) in such manner as to ensure geographic diversity with 
     respect to the 1994 Institutions that are the subject of the 
     grants.
       (3) Demonstration of need.--The Secretary shall require, as 
     part of an application for a grant under this subsection, a 
     demonstration of need. The Secretary may only award a grant 
     under this subsection to an applicant that demonstrates a 
     failure to obtain funding for a project after making a 
     reasonable effort to otherwise obtain the funding.
       (4) Payment of non-federal share.--A grant awarded under 
     this subsection shall be made only if the recipient of the 
     grant pays a non-Federal share in an amount specified by the 
     Secretary.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Department of Agriculture to carry 
     out this section, $1,700,000 for each of fiscal years 1996 
     through 2000.

              PART D--WORKERS TECHNOLOGY SKILL DEVELOPMENT

     SEC. 541. SHORT TITLE.

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

     SEC. 542. FINDINGS.

       The 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. 543. PURPOSES.

       The purposes of this part 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. 544. DEFINITIONS.

       As used in this part:
       (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. 545. 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 543.
       (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 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 543 through activities such 
     as--
       (1) 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;
       (2) 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 which are consistent with the needs of local 
     communities and the need for a healthy environment; and
       (3) the development and dissemination of training programs 
     and materials to be used for and by workers, worker 
     organizations, employers, State economic development 
     agencies, State industrial extension programs, Advanced 
     Technology Centers, and National Manufacturing Technology 
     Centers relating to the activities and services provided 
     pursuant to paragraphs (1) and (2), and regarding successful 
     practices including practices which address labor-management 
     cooperation and the involvement of workers in the design, 
     development, and implementation of workplace practices and 
     technologies.
       (d) Terms of Grants and Non-Federal Shares.--
       (1) Terms.--Grants awarded under this section shall be for 
     a term not to exceed six 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 543 and, not later than two years after the date of 
     enactment of this Act, and every two years thereafter, 
     prepare and submit a report to Congress concerning such 
     evaluation.

     SEC. 546. 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. 547. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this part 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.

                     PART E--MULTIETHNIC PLACEMENT

                    Subpart 1--Multiethnic Placement

     SEC. 551. SHORT TITLE.

       This subpart may be cited as the ``Howard M. Metzenbaum 
     Multiethnic Placement Act of 1994''.

     SEC. 552. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds that--
       (1) nearly 500,000 children are in foster care in the 
     United States;
       (2) tens of thousands of children in foster care are 
     waiting for adoption;
       (3) 2 years and 8 months is the median length of time that 
     children wait to be adopted;
       (4) child welfare agencies should work to eliminate racial, 
     ethnic, and national origin discrimination and bias in 
     adoption and foster care recruitment, selection, and 
     placement procedures; and
       (5) active, creative, and diligent efforts are needed to 
     recruit foster and adoptive parents of every race, ethnicity, 
     and culture in order to facilitate the placement of children 
     in foster and adoptive homes which will best meet each 
     child's needs.
       (b) Purpose.--It is the purpose of this subpart to promote 
     the best interests of children by--
       (1) decreasing the length of time that children wait to be 
     adopted;
       (2) preventing discrimination in the placement of children 
     on the basis of race, color, or national origin; and
       (3) facilitating the identification and recruitment of 
     foster and adoptive families that can meet children's needs.

     SEC. 553. MULTIETHNIC PLACEMENTS.

       (a) Activities.--
       (1) Prohibition.--An agency, or entity, that receives 
     Federal assistance and is involved in adoption or foster care 
     placements may not--
       (A) categorically deny to any person the opportunity to 
     become an adoptive or a foster parent, solely on the basis of 
     the race, color, or national origin of the adoptive or foster 
     parent, or the child, involved; or
       (B) delay or deny the placement of a child for adoption or 
     into foster care, or otherwise discriminate in making a 
     placement decision, solely on the basis of the race, color, 
     or national origin of the adoptive or foster parent, or the 
     child, involved.
       (2) Permissible consideration.--An agency or entity to 
     which paragraph (1) applies may consider the cultural, 
     ethnic, or racial background of the child and the capacity of 
     the prospective foster or adoptive parents to meet the needs 
     of a child of this background as one of a number of factors 
     used to determine the best interests of a child.
       (3) Definition.--As used in this subsection, the term 
     ``placement decision'' means the decision to place, or to 
     delay or deny the placement of, a child in a foster care or 
     an adoptive home, and includes the decision of the agency or 
     entity involved to seek the termination of birth parent 
     rights or otherwise make a child legally available for 
     adoptive placement.
       (b) Equitable Relief.--Any individual who is aggrieved by 
     an action in violation of subsection (a), taken by an agency 
     or entity described in subsection (a), shall have the right 
     to bring an action seeking relief in a United States district 
     court of appropriate jurisdiction.
       (c) Federal Guidance.--Not later than 6 months after the 
     date of the enactment of this Act, the Secretary of Health 
     and Human Services shall publish guidance to concerned public 
     and private agencies and entities with respect to compliance 
     with this subpart.
       (d) Deadline for Compliance.--
       (1) In general.--Except as provided in paragraph (2), an 
     agency or entity that receives Federal assistance and is 
     involved with adoption or foster care placements shall comply 
     with this subpart not later than six months after publication 
     of the guidance referred to in subsection (c), or one year 
     after the date of enactment of this Act, whichever occurs 
     first.
       (2) Authority to extend deadline.--If a State demonstrates 
     to the satisfaction of the Secretary that it is necessary to 
     amend State statutory law in order to change a particular 
     practice that is inconsistent with this subpart, the 
     Secretary may extend the compliance date for the State a 
     reasonable number of days after the close of the first State 
     legislative session beginning after the date the guidance 
     referred to in subsection (c) is published.
       (e) Noncompliance Deemed a Civil Rights Violation.--
     Noncompliance with this subpart is deemed a violation of 
     title VI of the Civil Rights Act of 1964.
       (f) No Effect on Indian Child Welfare Act of 1978.--Nothing 
     in this section shall be construed to affect the application 
     of the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et 
     seq.).

     SEC. 554. REQUIRED RECRUITMENT EFFORTS FOR CHILD WELFARE 
                   SERVICES PROGRAMS.

       Section 422(b) of the Social Security Act (42 U.S.C. 
     622(b)) is amended--
       (1) by striking ``and'' at the end of paragraph (7);
       (2) by striking the period at the end of paragraph (8) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(9) provide for the diligent recruitment of potential 
     foster and adoptive families that reflect the ethnic and 
     racial diversity of children in the State for whom foster and 
     adoptive homes are needed.''.

                       Subpart 2--Other Provision

     SEC. 555. EFFECT OF FAILURE TO CARRY OUT STATE PLAN.

       (a) In General.--Part A of title XI of the Social Security 
     Act (42 U.S.C. 1301-1320b-13) is amended by inserting after 
     section 1122 the following:

     ``SEC. 1123. EFFECT OF FAILURE TO CARRY OUT STATE PLAN.

       ``In an action brought to enforce a provision of the Social 
     Security Act, such provision is not to be deemed 
     unenforceable because of its inclusion in a section of the 
     Act requiring a State plan or specifying the required 
     contents of a State plan. This section is not intended to 
     limit or expand the grounds for determining the availability 
     of private actions to enforce State plan requirements other 
     than by overturning any such grounds applied in Suter v. 
     Artist M., 112 S. Ct. 1360 (1992), but not applied in prior 
     Supreme Court decisions respecting such enforceability; 
     provided, however, that this section is not intended to alter 
     the holding in Suter v. Artist M. that section 471(a)(15) of 
     the Act is not enforceable in a private right of action.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply to actions pending on the date of the enactment 
     of this Act and to actions brought on or after such date of 
     enactment.

                         PART F--MISCELLANEOUS

     SEC. 561. BUDGET COMPLIANCE.

       Any authority or requirement to make funds available under 
     this Act shall be effective only to the extent provided in 
     appropriations Acts.

     SEC. 562. 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 reflect the incorporation of the program for 
     children with disabilities under part D of chapter 1 of title 
     I of the Elementary and Secondary Education Act of 1965 (as 
     such part was in effect on the day preceding the date of 
     enactment of the Improving America's Schools Act of 1994).

     SEC. 563. VOCATIONAL EDUCATION REGULATIONS.

       (a) In General.--Notwithstanding any other provision of 
     law, beginning on the date of enactment of this Act, and 
     ending on the date of enactment of an Act reauthorizing the 
     Carl D. Perkins Vocational and Applied Technology Education 
     Act (20 U.S.C. 2301 et seq.) the Department of Education's 
     interpretation of the Carl D. Perkins Vocational and Applied 
     Technology Act relating to--
       (1) the access or participation of members of special 
     populations in vocational education, including the provision 
     of supplementary services and the cost of such services; and
       (2) the conduct of local evaluations, that are contained in 
     the final regulations published in the Federal Register on 
     August 14, 1992, shall remain in effect.
       (b) Special Rule.--The Secretary of Education may not issue 
     additional regulations concerning the final regulations 
     described in subsection (a)(2).

     SEC. 564. RATE OF PAY FOR THE DEPUTY DIRECTOR OF THE NATIONAL 
                   INSTITUTE ON DISABILITY AND REHABILITATION 
                   RESEARCH.

       Notwithstanding section 202(c)(2) of the Rehabilitation Act 
     of 1973 (29 U.S.C. 761a(c)(2)), the Secretary of Education is 
     authorized to compensate any individual appointed during 
     calendar year 1994 to be the Deputy Director of the National 
     Institute on Disability and Rehabilitation Research at the 
     rate of basic pay for a position at ES-5 of the Senior 
     Executive Service Schedule.

     SEC. 565. 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.

     SEC. 566. THERAPEUTIC MODEL DEMONSTRATION SCHOOLS.

       (a) Authorization.--
       (1) In general.--The Secretary of the Interior, acting 
     through the Bureau of Indian Affairs, is authorized to 
     establish demonstration schools, based on the therapeutic 
     model described in this section, to provide services 
     necessary to achieve positive changes in the attitudes, 
     behavior, and academic performance of Indian youth attending 
     off-reservation boarding schools.
       (2) Purpose.--The purpose of the therapeutic model 
     demonstration schools is--
       (A) to provide a program, based on an annual written plan, 
     linking clinicians, counselors, and mental health 
     professionals with academic program personnel in a culturally 
     sensitive residential program tailored to the particular 
     needs of Indian students;
       (B) to provide for a continued evaluation of the planning 
     and implementation of the therapeutic model in the designated 
     schools; and
       (C) to determine what steps the Bureau of Indian Affairs 
     must take and what resources are required to transform 
     existing off-reservation boarding schools to meet the needs 
     of chemically dependent, emotionally disturbed, socially 
     troubled, or other at-risk Indian youth who attend such 
     schools.
       (b) Location.--The Secretary shall initiate the therapeutic 
     model at two schools during school years 1994 through 1996, 
     and shall give priority to--
       (1) one school that is the recipient of a grant under 
     section 5204 of the August F. Hawkins-Robert T. Stafford 
     Elementary and Secondary School Improvement Amendments of 
     1988 during the 1994-1995 school year; and
       (2) one school operated by the Bureau of Indian Affairs 
     during the 1995-1996 school year.
       (c) Services.--The demonstration schools shall provide an 
     integrated residential environment that may include--
       (1) mental health services;
       (2) education;
       (3) recreation therapy;
       (4) social service programs;
       (5) substance abuse education and prevention; and
       (6) other support services for aftercare.
       (d) Staffing.--The demonstration schools shall be staffed 
     with health and social service professionals, and educators, 
     and may include--
       (1) clinical psychologists;
       (2) child psychologists;
       (3) substance abuse counselors;
       (4) social workers; and
       (5) health educators.
       (e) Enrollment.--Notwithstanding any other provision of 
     law, the Secretary of the Interior may limit the enrollment 
     at the demonstration schools.
       (f) Assistance.--The Secretary is authorized to enter into 
     agreements with other organizations and agencies, including 
     the Indian Health Service, to carry out this section.
       (g) Report.--Not later than July 31 of each year, the 
     Secretary of the Interior shall submit a report to the 
     Committee on Indian Affairs of the Senate and the Committee 
     on Education and Labor of the House of Representatives on the 
     progress of the Department of the Interior in the development 
     of the demonstration schools.

     SEC. 567. IMPACT AID WAIVER.

       In carrying out section 14(c) of the Act of September 23, 
     1950 (Public Law 815, 81st Congress) (20 U.S.C. 644(c)) the 
     Secretary shall waive any amount of local effort in excess of 
     $200,000 that would otherwise be required under paragraphs 
     (3) and (4) of such section and any regulations issued 
     thereunder, in awarding funds to the Winona R-III School 
     District, Missouri, with respect to its application #MO-86-C-
     3601A36.

     SEC. 568. APPLICATION OF THE ANTITRUST LAWS TO AWARD OF NEED-
                   BASED EDUCATIONAL AID.

       (a) Temporary Exemption.--It shall not be unlawful under 
     the antitrust laws for 2 or more institutions of higher 
     education at which all students admitted are admitted on a 
     need-blind basis, to agree or attempt to agree--
       (1) to award such students financial aid only on the basis 
     of demonstrated financial need for such aid;
       (2) to use common principles of analysis for determining 
     the need of such students for financial aid if the agreement 
     to use such principles does not restrict financial aid 
     officers at such institutions in their exercising independent 
     professional judgment with respect to individual applicants 
     for such financial aid;
       (3) to use a common aid application form for need-based 
     financial aid for such students if the agreement to use such 
     form does not restrict such institutions in their requesting 
     from such students, or in their using, data in addition to 
     the data requested on such form; or
       (4) to exchange through an independent third party, before 
     awarding need-based financial aid to any of such students who 
     is commonly admitted to the institutions of higher education 
     involved, data with respect to the student so admitted and 
     the student's family relating to assets, income, expenses, 
     the number of family members, and the number of the student's 
     siblings in college, if each of such institutions is 
     permitted to retrieve such data only once with respect to the 
     student.
       (b) Limitations.--Subsection (a) shall not apply with 
     respect to--
       (1) any financial aid or assistance authorized by the 
     Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); or
       (2) any contract, combination, or conspiracy with respect 
     to the amount or terms of any prospective financial aid award 
     to a specific individual.
       (c) Definitions.--For purposes of this section--
       (1) the term ``alien'' has the meaning given such term in 
     section 101(3) of the Immigration and Nationality Act (8 
     U.S.C. 1101(3));
       (2) the term ``antitrust laws'' has the meaning given such 
     term in subsection (a) of the first section of the Clayton 
     Act (15 U.S.C. 12(a)), except that such term includes section 
     5 of the Federal Trade Commission Act (15 U.S.C. 45) to the 
     extent such section applies to unfair methods of competition;
       (3) the term ``institution of higher education'' has the 
     meaning given such term in section 1201(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1141(a));
       (4) the term ``lawfully admitted for permanent residence'' 
     has the meaning given such term in section 101(20) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(20));
       (5) the term ``national of the United States'' has the 
     meaning given such term in section 101(22) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(22));
       (6) the term ``on a need-blind basis'' means without regard 
     to the financial circumstances of the student involved or the 
     student's family; and
       (7) the term ``student'' means, with respect to an 
     institution of higher education, a national of the United 
     States or an alien admitted for permanent residence who is 
     admitted to attend an undergraduate program at such 
     institution on a full-time basis.
       (d) Expiration.--Subsection (a) shall expire on September 
     30, 1997.
       (e) Related Amendments.--The Higher Education Amendments of 
     1992 (Public Law 102-325) is amended--
       (1) in the table of contents by striking the matter 
     relating to section 1544, and part F of title XV, of such 
     Act; and
       (2) by striking part F of title XV of such Act.

     SEC. 569. 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.
       And the Senate agree to the same.

     For consideration of the House bill and Senate amendment 
     (except for sections 601-603 and 801-805):
     William D. Ford,
     George Miller,
     Dale E. Kildee,
     Pat Williams,
     Major R. Owens,
     Tom Sawyer,
     Donald M. Payne,
     Jolene Unsoeld,
     Patsy T. Mink,
     Jack Reed,
     Tim Roemer,
     Eliot L. Engel,
     Xavier Becerra,
     Gene Green,
     Lynn C. Woolsey,
     Carlos Romero-Barcelo,
     Karan English,
     Ted Strickland,
     Robert A. Underwood,

     From the Committee on Education and Labor for consideration 
     of sections 601-603 of the Senate amendment:
     William D. Ford,
     Major R. Owens,
     Donald M. Payne,
     From the Committee on Ways and Means for consideration of 
     sections 601-603 of the Senate amendment:
     Sam Gibbons,
     Harold Ford,
     From the Committee on Education and Labor for consideration 
     of sections 801-805 of the Senate amendment:
     William D. Ford,
     Pat Williams,
     Tom Sawyer,
     From the Committee on Agriculture for consideration of 
     sections 801-805 of the Senate amendment:
     Kika de la Garza,
     Charlie Stenholm,
     Pat Roberts,
                                Managers on the Part of the House.

     Edward M. Kennedy,
     Claiborne Pell,
     Howard M. Metzenbaum,
     Christopher J. Dodd,
     Paul Simon,
     Tom Harkin,
     Barbara A. Mikulski,
     Jeff Bingaman,
     Paul Wellstone,
     Harris Wofford,
     Nancy Landon Kassebaum,
     James M. Jeffords,
     Orrin Hatch,
     Dave Durenberger,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 6) to extend for 
     five years the authorizations of appropriations for the 
     programs under the Elementary and Secondary Education Act of 
     1965, and for certain other purposes, submit the following 
     joint statement to the House and the Senate in explanation of 
     the effect of the action agreed upon by the managers and 
     recommended in the accompanying conference report:

                         Statement of Managers

       The Managers on the part of the House and the Senate wish 
     to recognize the extraordinary contributions of John (Jack) 
     Jennings to the Congress and to the Federal programs in 
     support of education. Jack Jennings is retiring at the end of 
     this Congress having served for over a quarter century as 
     counsel to the Education and Labor Committee and its 
     Subcommittee on Elementary, Secondary, and Vocational 
     Education. During his service, Jack Jennings has been a model 
     of staff professionalism, striving always to produce high 
     quality education laws that faithfully reflect the policy 
     decisions of the Members of Congress. The Members of Congress 
     who have worked with Jack Jennings have benefited from his 
     thoughtful counsel and diligence as have millions of students 
     in America's schools.


                            Title I, Part A

     Short Title; Table of Contents
       1. The House bill contains a table of contents for the 
     Improving America's Schools Act, which includes the 
     Elementary and Secondary Education Act; the Senate amendment 
     outlines the organization of the Improving America's Schools 
     Act and includes a table of contents for the Elementary and 
     Secondary Education Act.
       The Senate recedes.
     Effective Dates; Transition
       2. The House bill refers to ``Except as provided in 
     subparagraph (B), the provisions of title I''; the Senate 
     amendment entitles the paragraph ``Title I'' and refers to 
     ``The amendment made by title I''.
       Legislative counsel.
       3. Both the House bill and the Senate amendment have an 
     exception for the Impact Aid provisions, but the cites are 
     different.
       Legislative counsel.
       4. The House bill refers to ``programs that are 
     conducted''; the Senate amendment refers to ``programs under 
     such Act that are conducted''.
       Legislative counsel.
       5. The House bill refers to ``in fiscal year 1995 and in 
     subsequent''; the Senate amendment refers to ``for fiscal 
     year 1995 and for subsequent''.
       The Senate recedes.
       6. The House bill, but not the Senate bill, requires that 
     the Impact Aid provisions become effective on October 1, 
     1994.
       The Senate recedes with an amendment changing the Title 
     VIII effective date from October 1, 1994 to date of enactment 
     of this Act.
       7. The House bill refers to ``The provisions of title II of 
     this Act''; the Senate amendment entitles the paragraph 
     ``Title II'' and refers to ``Title I of this Act and the 
     amendments made by title II of this Act''.
       Legislative counsel.
       8. The House bill refers to ``shall be effective upon 
     enactment''; the Senate bill refers to ``shall take effect on 
     the date of enactment of this Act''.
       Legislative counsel.
       9. Both the House bill and the Senate amendment refer to 
     the equity provisions, but the cites are different.
       Legislative counsel.
       10. The House bill refers to ``of this Act shall take 
     effect''; the Senate amendment entitles the paragraph ``Title 
     III'' and refers to ``of this Act and the amendments made by 
     such parts shall take effect on''.
       Legislative counsel.
       11. The House bill refers to ``of this Act''; the Senate 
     amendment refers to ``of this Act and the amendments made by 
     such part''.
       Legislative counsel.
       12. The House bill refers to ``as in effect prior to 
     amendment by this Act''; the Senate amendment refers to ``as 
     such Act was in effect on the day preceding the date of 
     enactment of this Act''.
       Legislative counsel.
       13. The House bill refers to ``available to it''; the 
     Senate amendment refers to ``available to such recipient''.
       Legislative counsel.


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

       14. The Senate amendment, but not the House bill, includes 
     a U.S. code cite for the Elementary and Secondary Education 
     Act of 1965.
       Legislative counsel.


         title i--improved education for disadvantaged children

       15. The House bill entitles Title I as ``Improved Education 
     for Disadvantaged Children''; the Senate amendment entitles 
     Title I as ``Helping Children in Need Meet High Standards''.
       The House recedes with an amendment changing the heading to 
     read ``HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS''.
     Declaration of Policy Statement and Purpose
       16. The Senate amendment, but not the House bill, includes 
     a heading for the paragraph entitled ``In General''.
       Legislative counsel.
       17. The House bill refers to ``for all persons''; the 
     Senate amendment refers to ``for all individuals''.
       Legislative counsel.
       18. The House bill refers to ``such education''; the Senate 
     amendment refers to ``that education''.
       Legislative counsel.
       19. The House bill gives a detailed description of what 
     constitutes ``a societal good''; the Senate amendment refers 
     to ``a societal good''.
       The House recedes.
       20. The House bill, but not the Senate amendment, states 
     that a high quality education for all persons and a fair and 
     equal opportunity to obtain such education are a private 
     good.
       The House recedes.
       21. The House bill gives a detailed description of what 
     constitutes ``a moral imperative''; the Senate amendment 
     refers to ``a moral imperative''.
       The House recedes.
       22. The House bill refers to ``the life of every person''; 
     the Senate bill refers to ``the life of every individual''.
       Legislative counsel.
       23. The Senate amendment, but not the House bill, contains 
     an additional policy which states that the Congress declares 
     it to be the policy of the United States to expand the Title 
     I program by increasing the funding for it by at least 
     $750,000,000 over baseline in each fiscal year, thereby 
     increasing the percentage of eligible children who receive 
     services with the intent of serving all eligible children by 
     fiscal year 2004.
       The House recedes with an amendment changing 1995 to 1996.
       24. The Senate amendment, but not the House bill, refers to 
     ``our Nation's'' highest poverty schools.
       Legislative counsel.
       25. The Senate amendment, but not the House bill, includes 
     children with disabilities among those for whom the 
     educational needs are particularly great.
       The House recedes.
       26. The House bill, but not the Senate amendment, states 
     that while title I and other ESEA programs have contributed 
     to narrowing the achievement gap between children in high 
     poverty schools and in low poverty schools, these programs 
     need to become more effective in improving schools in order 
     to enable all children to achieve high standards.
       The Senate recedes.
       27. The Senate amendment, but not the House bill, states 
     that in order for all students to master challenging 
     standards in core academic subjects as described in the 
     National Education Goal 3, 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 subjects learning 
     time can fall farther behind in learning the core academic 
     subjects.
       The House recedes with an amendment inserting a period 
     after core academic subjects.
       28. The House bill entitles the subsection as ``What Has 
     Been Learned''; the Senate amendment entitles the subsection 
     as ``What Has Been Learned Since 1988''.
       The House recedes.
       29. The House bill refers to ``builds upon what has been 
     learned''; the Senate amendment refers to ``builds upon the 
     following learned information''.
       Legislative counsel.
       Style Note: The House bill has the finding as one sentence; 
     the Senate amendment has the finding as two sentences.
       Legislative counsel.
       30. The House bill refers to ``and they are given''; the 
     Senate amendment refers to ``and all children are given''.
       Legislative counsel.
       31. The House bill, but not the Senate amendment, states 
     that conditions outside the classroom can adversely affect 
     children's academic achievement and must be addressed through 
     the coordination of services in order for the Nation to meet 
     the National Education Goals, and then goes on to list those 
     conditions.
       The Senate recedes.
       32. The House bill, but not the Senate amendment, states 
     that a better understanding of the principles of good health 
     can help children and adolescents succeed in school, become 
     active, productive members of society, and successfully 
     compete in the economy. The House bill further states that 
     schools that provide quality physical and health education 
     contribute to enhanced knowledge, behavior, and fitness of 
     children and adolescents.
       The House recedes.
       33. The House bill refers to ``the low level skills 
     measured by such tests''; the Senate amendment refers to 
     ``low level skills measured by those tests''.
       Legislative counsel.
       34. The House bill refers to ``are more effective when they 
     ensure that children''; the Senate amendment refers to ``are 
     effective when children''.
       Legislative counsel.
       35. The House bill refers to ``effective regular school 
     programs''; the Senate amendment refers to ``quality regular 
     school programs''.
       The Senate recedes with an amendment inserting ``high-
     quality'' before ``regular school''.
       36. The House bill, but not the Senate amendment, states 
     that the disproven theory that children must first learn 
     basic skills before engaging in more complex tasks continues 
     to dominate strategies for classroom instruction, resulting 
     in emphasis on repetitive drill and practice at the expense 
     of content-rich instruction, accelerated curricula, and 
     effective teaching to high standards.
       The House recedes.
       37. The House bill, but not the Senate amendment, states 
     that insufficient attention and resources are directed toward 
     the effective use of technology in schools and the role it 
     can play in professional development and improved teaching 
     and learning.
       The Senate recedes.
       38. The House bill refers to giving schools the 
     ``responsibility''; the Senate amendment refers to giving 
     schools the ``authority''.
       The House recedes.
       39. The House bill refers to ``bringing children to high 
     levels of performance and schools accept the responsibility 
     to do so''; the Senate amendment refers to ``bringing their 
     children to high levels of performance''.
       The House recedes.
       40. The House bill refers to ``public charter schools''; 
     the Senate amendment refers to ``charter schools''.
       The Senate recedes.
       41. The House bill refers to ``can be better targeted''; 
     the Senate amendment refers to ``have not been adequately 
     targeted''.
       The Senate recedes.
       42. The House bill refers to ``local educational 
     agencies''; the Senate amendment refers to ``school 
     districts''.
       The Senate recedes.
       43. The Senate amendment, but not the House bill, states 
     that piecemeal reform, particularly when not tied to an 
     overall vision of teaching to, and helping all children 
     reach, high standards, does not work.
       The Senate recedes.
       44. The Senate amendment, but not the House bill, states 
     that equitable and sufficient resources, particularly as such 
     resources relate to the quality of the teaching force, have 
     an integral relationship to high student achievement.
       The House recedes.
       45. The House bill states that it is the purpose of this 
     title to enable schools to provide opportunities for children 
     to ``acquire the knowledge and skills contained in the 
     rigorous State content standards and to meet the challenging 
     State performance standards developed for all children under 
     the Goals 2000: Educate America Act or, in their absence, 
     under this title''; the Senate amendment states that it is 
     the purpose of this title to enable schools to provide 
     opportunities for children to ``acquire the same basic and 
     advanced skills and knowledge as children not served under 
     this title''.
       The Senate recedes with an amendment deleting ``under the 
     Goals 2000: Educate America Act or, in their absence, under 
     this title.''
       46. The House bill refers to ``high standards for all 
     children''; the Senate amendment refers to ``high 
     standards''.
       The Senate recedes.
       47. The Senate amendment, but not the House bill, states 
     that an enriched and accelerated educational program can 
     include, when appropriate, the use of the arts and 
     humanities.
       The House recedes with an amendment striking ``and 
     humanities''.
       48. The House bill, but not the Senate amendment, states 
     that instruction through schoolwise programs or additional 
     services should be provided so that children served under 
     title I receive at least the classroom instruction that other 
     children receive.
       The Senate recedes.
       49. The House bill refers to ``ensuring access of 
     children''; the Senate amendment refers to ``access of 
     children''.
       The Senate recedes.
       50. The House bill refers to ``content that includes 
     intensive''; the Senate amendment refers to ``content that 
     support intensive''.
       The Senate recedes.
       51. The House bill refers to ``curricula and instruction''; 
     the Senate amendment refers to ``instruction''.
       The House recedes.
       52. The House bill refers to ``intensive and sustained 
     professional development''; the Senate amendment refers to 
     ``ongoing professional development''.
       The Senate recedes.
       53. The House bill refers to ``schools where needs are 
     greatest''; the Senate amendment refers to ``areas where 
     needs are greatest''.
       The Senate recedes with an amendment to add ``areas and'' 
     before ``schools''.
       54. The House bill refers to ``how well children are 
     achieving''; the Senate amendment refers to ``how well 
     children served under this title are achieving''.
       The House recedes.
       55. The House bill refers to ``high State standards of 
     performance''; the Senate amendment refers to ``high State 
     student performance standards''.
       The House recedes.
       56. The House bill refers to ``schools and teachers''; the 
     Senate amendment refers to ``schools''.
       The Senate recedes.
       57. The Senate amendment, but not the House bill, states 
     that the purpose of the title shall be accomplished by 
     encouraging the development of innovative models for 
     recruitment, induction, retention, and assessment of new, 
     highly qualified teachers, especially teachers from 
     historically underrepresented groups.
       The Senate recedes.
     Authorization of Appropriations
       58. The House bill, but not the Senate amendment, includes 
     the phrase ``Appropriations are authorized for the following 
     programs and activities under this title:''.
       Legislative counsel.
       59. The House bill authorizes $7,400,000,000 to be 
     appropriated for FY 1995 to carry out Part A of this title 
     except for School Improvement and Capital Expenses; the 
     Senate amendment authorizes $7,500,000,000 to be appropriated 
     for FY 1995 to carry out Part A of this title except for 
     Capital Expenses.
       The Senate recedes.
       Technical Note: Throughout the Authorization of 
     Appropriations section, the House bill refers ``part  of this 
     title'' and to ``of the fiscal years 1996, 1997, 1998, and 
     1999''; the Senate amendment refers to ``part  '' and to ``of 
     the 4 succeeding fiscal years''.
       60. The House bill authorizes $118,000,000 to be 
     appropriated for FY 1995 for the Even Start program; the 
     Senate amendment authorizes $120,000,000 to be appropriated 
     for FY 1995 for the Even Start program.
       The Senate recedes.
       61. The House bill entitles the paragraph as ``Prevention 
     and Intervention Services for Delinquent Youth and Youth At 
     Risk of Dropping Out''; the Senate amendment entitles the 
     paragraph as ``Education for Neglected or Delinquent Youth''.
       The Senate recedes with an amendment changing the title to 
     ``Prevention and Intervention Programs for Youth Who Are 
     Neglected, Delinquent, Or At Risk of Dropping Out''.
       62. The House bill authorizes $41,434,000 to be 
     appropriated for FY 1995 for Capital Expenses; the Senate 
     amendment authorizes $45,000,000 to be appropriated for FY 
     1995 for Capital Expenses.
       The Senate recedes.
       63. The House bill, but not the Senate amendment, 
     authorizes $30,000,000 to be appropriated for FY 1995 for 
     School Improvement activities, and such sums as may be 
     necessary for each of the fiscal years 1996, 1997, 1998, and 
     1999.
       The Senate recedes with an amendment to insert ``providing 
     additional needed assistance to'' after the words ``of 
     carrying'', striking from ``$30,000'' to the end of the 
     sentence and replacing it with ``such sums for FY 1996-
     1999.'' It is the conferees' intent that states have the 
     authority to reserve .5% of their state's Title I 
     appropriation as provided for in the state administration 
     section of this bill at the end of Title I. However, the 
     conferees want to ensure that there are sufficient funds to 
     carry out the program improvement requirements in this Act 
     and are unsure whether .5% of a state's Title I funds will be 
     adequate during the entire reauthorization period. Thus, if 
     states determine that such reserve is insufficient, states 
     may request additional funds from Congress through the 
     appropriation process.
       64. The Senate amendment, but not the House bill, entitles 
     the paragraph as ``Section 1601''.
       Legislative counsel.
       65. The House bill authorizes $9,000 000 to be appropriated 
     for FY 1995 for Federal Evaluation activities; the Senate 
     amendment authorizes $10,000,000 to be appropriated for FY 
     1995 for Federal Evaluation activities.
       The Senate recedes.
       66. The Senate amendment, but not the House bill, entitles 
     the paragraph as ``Section 1602''.
       Legislative counsel.
       67. The House bill authorizes $20,000,000 to be 
     appropriated for FY 1995 for Federal Demonstrations of 
     Innovative Practices and for Innovative Elementary School 
     Transition Projects; the Senate amendment authorizes 
     $20,000,000 to be appropriated for FY 1995 for Federal 
     Demonstrations of Innovative Practices.
       The Senate recedes with an amendment changing the amount 
     authorized to be appropriated in fiscal year 1995 from 
     $20,000,000 to $50,000,000.
     State Plans
       68. The House bill titles Part A ``Basic Programs Operated 
     by Local Educational Agencies''; the Senate amendment 
     entitles Part A ``Making High Poverty Schools Work.''
       The Senate recedes with an amendment inserting 
     ``Improving'' before ``Basic.''
       69. The Senate amendment, but not the House bill, has a 
     paragraph heading ``In General.''
       Legislative counsel.
       70. The Senate amendment, but not the House bill, specifies 
     that ``pupil services personnel'' and ``other staff'' be 
     included on the list of groups to be consulted with in the 
     development of the state plan.
       The House recedes.
       71. The Senate amendment, but not the House bill, requires 
     the State plan to satisfy the requirements of this section.
       The House recedes.
       72. The House bill, but not the Senate amendment, provides 
     that the state plan be integrated with, and satisfy 
     requirements of this section not already addressed in, the 
     State's Goals 2000 plan, and with other state plans, if any, 
     under the School-to-Work Opportunities Act and the Perkins 
     Act to the extent these plans have not already been 
     incorproated into the state's Goals 2000 plan.
       The Senate recedes with an amendment inserting before the 
     period at the end of paragraph (1) ``and that is coordinated 
     with other programs under this Act, the Goals 2000: Educate 
     America Act, and other Acts, as appropriate, as specified in 
     section 14306.''
       73. The House bill, but not the Senate amendment, provides 
     that, if a state does not have or is not developing, a Goals 
     2000 plan, the state plan be integrated with other state 
     plans under this Act, and other plans including the School-
     to-Work Opportunities Act and the Perkins Act, where such 
     plans exist, and satisfies the requirements of the section.
       The House recedes.
       74. Both the House bill and Senate amendment provide that 
     the state plan may be submitted as part of a consolidated 
     application with different cross references. The Senate 
     amendment has a paragraph heading.
       Legislative counsel.
       75. The House bill, but not the Senate amendment, provides 
     that a state may satisfy the requirements of this section by 
     referencing applicable sections of its approved plan under 
     Goals 2000.
       The House recedes.
       76. The Senate amendment, but not the House bill, has a 
     paragraph heading.
       Legisaltive counsel.
       77. The House bill provides that the state plan shall 
     ``demonstrate'' that the state has developed or adopted 
     ``high-quality standards'' for ``children served under this 
     title'' that will be used to carry out this Act; the Senate 
     amendment provides that the state plan shall ``describe'' the 
     high-quality ``academic'' standards for ``all'' children ``in 
     subjects determined by the state'' that will be used to carry 
     out this ``part.''
       The Senate recedes with an amendment inserting ``academic'' 
     after ``high quality'' to clarify that if states have content 
     standards or student performance standards developed under 
     Title III of the Goals 2000: Educate America Act, or some 
     other process, those are the standards to be used in Title I 
     program; and to clarify that ``states shall not be required 
     to submit such standards to the Secretary.''
       78. The House bill says that the standards be as 
     challenging and of the same high quality as they are for all 
     children; the Senate amendment says that for those subjects 
     for which the 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.
       The Senate recedes with an amendment clarifying that states 
     that have not adopted standards under Goals 2000, or another 
     process must develop student content and student performance 
     standards including at least mathematics and reading and 
     language arts for children served in Title I programs which 
     shall include the same knowledge, skills, and levels of 
     performance expected of all children.
       79. The House bill, but not the Senate amendment, provides 
     that the standards in the state plan include challenging 
     content standards in the core academic subjects and lists 
     three characteristics of the content standards.
       The Senate recedes with an amendment striking ``in the core 
     academic subjects'' and inserting ``academic'' before 
     ``content standards'' and striking ``emphasizes'' and 
     inserting ``encourages.''
       80. The House bill, but not the Senate amendment, says that 
     the State plan include challenging performance standards 
     aligned with the State's content standards.
       The Senate recedes with an amendment to add ``student'' 
     before ``performance standards''.
       81. The House bill says that the performance standards 
     describe two levels of high performance for determining how 
     well children ``served under this title'' are mastering the 
     material in the content standards; the amendment says state 
     plans shall describe two levels of high performance that will 
     determine how well children are mastering the material in the 
     ``State'' content standards.
       The Senate recedes with an amendment striking ``served 
     under this title'' and inserting ``State'' before ``content 
     standards''.
       82. The House bill says that performance standards in the 
     state plan include a ``third benchmark below proficient, if 
     necessary,'' to provide complete information about the 
     progress of children toward achieving the ``high'' proficient 
     and advanced performance standards; the Senate amendment says 
     that the state plan describe a ``third level, partially 
     proficient'' to provide complete information about the 
     progress of children toward achieving the ``proficient and 
     advanced level of performance''.
       The House recedes.
       83. The House bill provides for the development of model 
     opportunity-to-learn standards for schools receiving 
     assistance under this title and specifies three factors that 
     the standards are to address; the Senate amendment provides 
     that the state plan describe the steps the State will take to 
     help each LEA and school affected by the State plan develop 
     the capacity to comply with the requirements of sections 
     1112(c), 1114(b), 1115(c) that are applicable to such agency 
     or school.
       The House recedes with the following amendment:

                           *   *   *   *   *

       84. The Senate amendment, but not the House bill, says that 
     if a state has content or performance standards developed 
     under Title III of Goals 2000 or an aligned set of 
     assessments for all students developed under such title or 
     adopted under another process, the state shall use those 
     standards or assessments, modified if necessary, to conform 
     with the requirements of paragraphs (1)(A)(i), (2), and (3). 
     House has the identical provision see note 108.
       The House recedes.
       85. The House bill provides for the State plan to include a 
     schedule for the development of standards for core academic 
     subjects where the state does not have such standards which 
     includes the completion of standards in mathematics and 
     reading/language arts by the end of the interim period 
     described in paragraph (6); the Senate amendment provides 
     that if a state does not have state content and state student 
     performance standards for all students, the plan shall 
     include a strategy for developing such standards for 
     elementary and secondary students served under this part in 
     subjects determined by the State, including at least 
     mathematics, and reading or language arts which shall include 
     the same knowledge, skills and levels of performance expected 
     of all children.
       The House and Senate recede with amendment to clarify that 
     states are to have 1 year to develop standards in mathematics 
     and reading and language arts, if they do not already have 
     such standards.
       86. The Senate amendment, but not the House bill, requires 
     the plan to include, for those subjects in which a state will 
     not develop standards for students served under this part, 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.
       The House and Senate recede with amendment clarifying that 
     for those academic subjects for which states are not required 
     to develop standards, the plan shall include a strategy for 
     ensuring that Title I students are held to the same 
     expectations as all students.
       87. The House bill provides that the state plan shall 
     ``demonstrate'' what constitutes adequate yearly progress of 
     any school served under this part toward enabling children to 
     meet the State's ``proficient and advanced'' performance 
     standards; the Senate amendment has a paragraph heading and 
     provides that the state plan contain a ``description of'' 
     what constitutes adequate yearly progress of any school 
     served under this part towards enabling ``all'' children to 
     meet the State's ``student performance standards.''
       The Senate recedes with an amendment inserting ``student'' 
     before ``performance standards''.
       88. The House bill says that the state plan shall 
     demonstrate what constitutes adequate yearly progress of any 
     local educational agency that receives funds under this part 
     toward enabling ``children in schools receiving assistance 
     under this part'' to meet the State's ```proficient' and 
     `advanced' performance standards''; the Senate amendment 
     requires a description of what constitutes adequate yearly 
     progress for any local educational agency that receives funds 
     under this part towards enabling ``all children within its 
     jurisdiction'' to meet the State's ``student performance 
     standards.''
       The Senate recedes.
       89. The House bill, but not the Senate amendment, provides 
     that adequate yearly progress be defined in a manner that is 
     consistent with criteria of general applicability established 
     by the Secretary.
       The Senate recedes with an amendment replacing ``criteria 
     of general applicability'' with ``guidelines.''
       90. The House bill provides that adequate yearly progress 
     results in continuous improvement for economically 
     disadvantaged, limited-English proficient, and all students 
     under this title in each school and local educational agency 
     toward the goal of all children under this title meeting the 
     State's challenging ``advanced'' performance standards; the 
     Senate amendment provides that adequate yearly progress 
     result in continuous improvement of each local educational 
     agency and school sufficient to achieve the goal of all 
     children served under this part meeting the state's 
     proficient and advanced level of performance, particularly 
     eligible children described in section 1115(b).
       The House recedes with an amendment striking ``eligible 
     children described in section 1115(b)'' and inserting 
     ``economically disadvantaged and limited-English proficient 
     children.''
       91. The House bill, but not the Senate amendment, provides 
     that adequate yearly progress link progress primarily to 
     performance on assessments but permits progress to include 
     the use of other outcome-based measures such as reductions in 
     drop-out rates.
       The Senate recedes with an amendment to strike ``outcome-
     based'' and putting a period after ``measures''. It is the 
     intent of the Managers that the term ``other measures'' may 
     include indicators such as rates of attendance, graduation, 
     school-to-work or school-to-college transition, and dropout 
     rates.
       92. The House bill provides that the state plan demonstrate 
     that the State has developed or adopted a set of high-
     quality, yearly student assessments; the Senate amendment 
     provides that the state plan include a description of such 
     assessments including at least mathematics, and reading or 
     language arts and has a paragraph heading.
       The Senate recedes with an amendment inserting ``including 
     at least mathematics, and reading or language arts,''
       93. The House bill provides that the assessments shall be 
     the primary means of determining the yearly performance of 
     each local educational agency and school ``receiving 
     assistance'' under this part in enabling children served 
     under this title to meet the state's performance standards; 
     the Senate amendment provides that the assessments be used in 
     each local educational agency and school ``served'' under 
     this part; enable ``all'' children served under this part to 
     meet the State's ``student'' performance standards''.
       The House recedes.
       94. The House bill provides that assessments be challenging 
     and of the same high quality as they are for all children; 
     the Senate amendment provides that the assessments be the 
     same assessments used to measure the performance of all 
     children, if the state measures the performance of all 
     children.
       The House recedes.
       95. The House bill provides that assessments be aligned 
     with the State's challenging content and performance 
     standards and provide coherent information about student 
     attainment of standards; the Senate amendment provides that 
     assessments be aligned with State content standards where 
     such standards have been developed and be capable of 
     providing coherent information about student attainment 
     relative to the State content standards (See Senate 
     subparagraph (F) on next page.
       The Senate recedes.
       96. The House bill says that assessments be used for 
     purposes for which they are valid and reliable and be 
     consistent with nationally recognized standards; the Senate 
     amendment has a similar provision but also says that 
     assessment measures that are not valid and reliable or that 
     do not meet nationally recognized standards for assessments 
     may be used as one of the multiple measures WPC * * *.

                           *   *   *   *   *

       97. Identical provisions, except the Senate amendment 
     modifies ``challenging standards'' with the words, ``State 
     content'' and ``State student performance.''
     Program Authorized
       98. Identical provisions, but the Senate amendment uses the 
     heading, ``in general.''
     State Allocations
       99. Identical provisions, but the House bill uses the term, 
     ``entitled'', when the Senate uses the term, ``eligible.''
       100. Identical provisions, but the Senate amendment uses 
     the heading, ``in general.''
       101. Identical provisions, except the House bill allows the 
     Secretary to reduce funds to a state if they ``exceed the 
     amount required'', whereas the Senate allows it if ``such 
     amount is not needed.''
       102. Identical provisions, except the House bill applies 
     the consortium requirement to States with grants of $1m or 
     less, whereas the Senate amendment applies it to States with 
     grants of $500,000 or less.
       103. Similar provisions, with technical differences in the 
     wording.
       104. The House bill requires the Secretary to develop a 
     more accurate method for determining the summer (which may 
     include intersession) child count and reimbursement level; 
     the Senate amendment requires the Secretary to adjust the 
     overall child count by factoring in summer programs, 
     intersession programs and programs that operate through stop-
     over centers.
       105. The House bill, but not the Senate amendment requires 
     the Secretary to consider alternatives for adjusting the 
     formula for a child whose education has been interrupted.
     State Applications
       106. Identical provisions, except only the House bill 
     extends the paragraph to require that migratory status be 
     recorded on State student collection data.
       107. The Senate amendment, but not the House bill, includes 
     ``all'' before migratory students.
       108. The Senate amendment, but not the House bill, applies 
     the terms ``State content'' and ``State student'' to 
     ``standards.''
       109. Identical provisions, except the Senate amendment adds 
     the phrase, ``and the amount of funds that such agencies will 
     provide to individual schools.''
       110. The House bill, but not the Senate amendment, requires 
     budgetary and other information.
       111. Identical provisions, but the Senate amendment places 
     it within ``authorized activities'', section 1406(b)(1)(C). 
     (See page --)
       112. Technical conforming differences. (The section numbers 
     cited in both bills refer to the following provisions: 
     schoolwides, targeted assistance, assignment of personnel, 
     private school children, supplement not supplant, 
     comparability of services, and General Provisions)
       113. Identical, except the House bill uses the phrase, 
     ``lasting a school year'', when the Senate amendment uses, 
     the phrase ``of one school year in duration.''
       114. The House bill, but not the Senate amendment, requires 
     that the needs of preschool migratory children be met.
       115. The Senate amendment requires that, ``to the extent 
     feasible'', programs provide advocacy and outreach, 
     professional development, family literacy, integration of 
     technology, transition activities to postsecondary education 
     or employment. (For comparable House bill provision, see note 
     #26)
       116. Technical conforming difference.
       117. Identical provisions, except the Senate amendment adds 
     the phrases, ``State content standards'' and ``student 
     performance standards.''
       118. The House bill, but not the Senate amendment, extends 
     the ``continuation of services'' to a third category--
     secondary schools students to be served in credit accrual 
     programs.
     Comprehensive Needs Assessment
       119. The House bill, but not the Senate amendment, requires 
     that the plan be integrated with any plan submitted under 
     Title III of Goals 2000 and with other plans under the 
     School-to-Work Act and the Perkins Act.
       120. The House bill, but not the Senate amendment, requires 
     that the plan be integrated with other State plans, where 
     such plans exist, if no plan is being developed under the 
     Goals 2000.
       121. Identical provisions, except the Senate amendment 
     applies the phrases, ``State content'' and ``challenging 
     State student'' to ``standards.''
       122. Identical provisions, except the Senate amendment 
     makes the requirement applicable to only ``part A'' of Title 
     VII.
       123. Similar provisions, except the provisions in the 
     Senate amendment appear under the section describing use of 
     funds (see note # 18) and paragraphs (C) and (D) of each bill 
     are slightly modified.
       124. The Senate amendment, but not the House bill, requires 
     that the comprehensive plan, with modifications, remain in 
     effect for the duration of the State's participation.
       125. The House bill, but not the Senate amendment, allows 
     the State to satisfy the requirements of the section through 
     a reference to the applicable sections under a plan approved 
     under Goals 2000.
       126. Technical conforming difference.
       127. The Senate amendment, but not the House bill, notes 
     that nothing in this part shall be construed to prohibit an 
     LEA from serving migrant students with other students.
       128. The House bill requires that the ``authorized 
     activities'' (described in subsection 1306(b)) shall no 
     longer apply if funds are used for a schoolwide program under 
     section 1114; the Senate amendment requires that recipients 
     continue to address the needs of children which result from 
     the effects of a migratory lifestyle and which are not 
     otherwise provided, notwithstanding the requirements of 
     section 1114, (``schoolwide'' programs).
     Coordination of Activities
       129. The House bill uses the phrase, ``State and local 
     educational agencies of their educational programs'', while 
     the Senate amendment uses the term ``such agencies.''
       130. The House bill permits awards under this subsection 
     only to nonprofit entities. The Senate amendment permits 
     awards to for-profit, as well as nonprofit, entities.
       131. The House bill, but not the Senate amendment 
     authorizes grants for up to 5 years.
       132. The House bill requires the Secretary to convene a 
     panel to assess alternative methods by which student records 
     may be transferred and students may be counted, to report to 
     the Congress on the panel's findings and provides the 
     Secretary the authority to contract for services. The Senate 
     amendment provides the Secretary authority to extend MSRTS to 
     January 1, 1996 and requires the Secretary to report to 
     Congress on how student records are transferred.
       133. Similar provisions, but the House bill requires the 
     Secretary to reserve ``up to $6m'', when the Senate bill 
     requires that the Secretary reserve, ``not more than $6m.''
       134. The House bill requires, the Senate amendment allows, 
     the Secretary to reserve $1.5m for consortium grants.
       135. The House bill, but not the Senate amendment, requires 
     that a minimum of 10 grants be awarded to States with 
     allocations of less than $1m.
       136. The House bill, but not the Senate amendment, 
     authorizes the Secretary to award a grant of up to $3m for a 
     distance learning program.
     Definitions
       137. Technical differences. The House bill places the 
     definitions in a separate section. The Senate amendment 
     places the definitions in subsection (a) of section 1402, 
     ``Program authorized.''
       138. The House bill uses the term, ``parent or spouse'', 
     when the Senate amendment uses, ``parent or guardian''; and 
     the House makes eligibility based on up to ``24'' months 
     after a move, when the Senate amendment makes it based on 
     ``48'' months.
       139. The Senate amendment, but not the House bill, extends 
     the definition of ``migrant'' to one who resides in a school 
     district of a specified size and migrates a distance of at 
     least 20 miles.
       140. The House bill, but not the Senate amendment, makes 
     ``36'', rather than ``24'' preceding months applicable in 
     fiscal year 1995.
       141. The Senate amendment, but not the House bill, defines 
     the term, ``stop-over center'' which would be used in the 
     determination of eligible children in a state.
       142. The Senate amendment, but not the House bill, defines 
     the term, ``fishing activity.'' . . . education, mentoring, 
     and apprenticeship programs involving business and industry'' 
     after ``programs'' in number (8)
       143. The House bill provides that the Secretary establish a 
     peer review process to assist in the review of state plans; 
     the Senate amendment has a paragraph heading and provides 
     that the peer review process assist in the ``review and 
     recommendations for revision'' of state plans.
       The House recedes.
       144. The House bill, but not the Senate amendment, provides 
     that the peer review process include representatives of state 
     educational agencies, local educational agencies, teachers, 
     and parents.
       The Senate recedes.
       145. The House bill requires the Secretary to approve plans 
     that meet the requirements of subsection (a) (b) and (c). The 
     Senate amendment requires the Secretary to approve plans that 
     meet the requirements of subsections (b) and (c).
       The Senate recedes.
       146. The House bill requires the Secretary to notify states 
     whose plans do not meet the requirements of subsections (a), 
     (b), or (c) of the determination and the reasons for it; the 
     Senate amendment contains a similar provision but references 
     only subsections (b) and (c).
       The Senate recedes.
       147. The House bill provides that the Secretary shall not 
     decline to approve a plan before offering the state an 
     opportunity to revise the plan or application, provide 
     technical assistance to meet the requirements of subsections 
     (a), (b), and (c), and a hearing; the Senate amendment 
     provides that the Secretary shall not ``finally disapprove'' 
     a plan before offering the State an opportunity for revision 
     and technical assistance to meet the requirements of 
     subsections (b) and (c).
       The Senate recedes.
       148. The Senate amendment, but not the House bill, provides 
     that the Secretary may not require a state, as a condition of 
     Secretarial approval, to include or delete from its plan one 
     or more element of the state's content standards or to use 
     specific assessment instruments or items.
       The House recedes with an amendment inserting ``Have the 
     authority to disapprove a state plan for not meeting the 
     requirements of this part, but shall'' at the beginning of 
     (E).
       149. The House bill provides that the Secretary may 
     withhold funds until determining that a plan meets the 
     requirements of this section, but may not withhold funds on 
     the basis of the State's opportunity-to-learn standards. The 
     Senate amendment has a paragraph heading and provides that 
     the Secretary may withhold state administrative and other 
     funds until determining that the state plan meets the 
     requirements of this section.
       The House recedes.
       150. The House bill says significant changes in the state 
     plan such as the adoption of new ``content and performance 
     standards'' be submitted to the Secretary for approval; the 
     Senate amendment is similar but has paragraph headings and 
     refers to ``state content standards and state student 
     performance standards''.
       The House recedes.
       151. The House bill, but not the Senate amendment, says 
     nothing in this Act shall be construed to authorize any 
     federal official to mandate, or control a state, local 
     educational agency, or school's specific instruction content, 
     pupil performance standards and assessments, curriculum or 
     program of instruction in order to be eligible to receive 
     funds.
       The Senate recedes with an amendment to strike ``how'', 
     move to the list of assurances, and to insert ``opportunity 
     to learn standards or strategies'' after ``assessments''.
       152. The House bill, but not the Senate amendment, says 
     notwithstanding any other provision of this Act the 
     implementation of model opportunity-to-learn standards shall 
     be voluntary.
       The Senate recedes with the following amendment:
       ``Nothing in this Act shall be construed to require any 
     State or local educational agency or school to implement 
     opportunity to learn standards or strategies developed by 
     such State under Public Law 103-227.''
       153. The House bill, but not the Senate amendment, says 
     nothing in this title shall be construed to authorize any 
     federal official to mandate or control a state, local 
     educational agency, or school's opportunity-to-learn 
     standards as a condition of eligibility to receive funds 
     under this title.
       The House recedes.
       154. The House bill, but not the Senate amendment, says 
     nothing in this section shall be construed to create a 
     legally enforceable right based on opportunity-to-learn 
     standards.
       The House recedes.
       155. The House bill, but not the Senate amendment, says 
     nothing in this section shall be construed to mandate 
     equalized spending.
       The House recedes.
       156. The House bill, but not the Senate amendment, requires 
     that nothing in this section shall be construed to mandate 
     national school building standards.
       The House recedes.
       157. Both the House bill and Senate amendment say that if 
     they do not already do so, aggregate state expenditures for 
     the operation of elementary and secondary programs must equal 
     or exceed the level of federal expenditures for the operation 
     of such programs by a time certain with technical differences 
     in the Senate amendment including entitling the subsection 
     ``Special Rule'', referring to ``elementary and secondary 
     education programs in the State'' and ``October 1, 1998''.
       Legislative counsel.
     Local Educational Agency Plans.
       158. Both the House bill and Senate amendment provides that 
     local educational agencies must have a plan on file with, and 
     approved by, the State educational agency which may be 
     submitted as part of a consolidated application with a minor 
     technical difference.
       Legislative counsel.
       159. The House bill, but not the Senate amendment, says 
     that the plan be integrated with the local educational 
     agency's Goals 2000 plan.
       The Senate recedes with an amendment striking (A) and (B) 
     and inserting ``is coordinated with other programs under this 
     Act, the Goals 2000: Educate America Act, and other Acts, as 
     appropriate, as specified in section 14306.
       160. The House bill, but not the Senate amendment, says 
     that the plan be integrated with local plans, if any, under 
     the School-to-Work Opportunities Act and the Perkins Act, to 
     the extent they are not already incorporated into the state's 
     Goals 2000 plan.
       The House recedes.
       161. The House bill, but not the Senate amendment, says if 
     the local educational agency does not have a Goals 2000 plan, 
     the plan be integrated with other plans under this Act, 
     School-to-Work and Perkins where such plans exist, and 
     satisfies the requirements of this section.
       The House recedes.
       162. Both the House bill and Senate amendment allow the 
     plan to be submitted as part of a consolidated application 
     with minor technical differences and different reference 
     cites.
       Legislative counsel.
       163. The House bill, but not the Senate amendment, provides 
     that a local educational agency may satisfy the requirements 
     of this section by referencing applicable parts of their 
     Goals 2000 plan.
       The House recedes.
       164. The House bill entities subsection (b) ``Standards and 
     Assessment Provisions; the Senate amendment entitles this 
     subsection ``Plan Provisions'' and has a paragraph heading.
       Legislative counsel.
       165. The House bill, but not the Senate amendment, provides 
     that the plan include a description of any content and 
     performance standards in the core subjects, in addition to 
     those adopted by the State under section 1111, that the local 
     educational agency expects children served under this title 
     to meet.
       The House recedes.
       166. The House bill, but not the Senate amendment, provides 
     that the plan include a description of what constitutes 
     adequate yearly progress if a local educational agency elects 
     to establish more stringent measures than those in the State 
     plan.
       The House recedes.
       167. The House bill says that the plan include a 
     description of additional high quality student assessments, 
     if any, other than those in the state plan, that the local 
     educational agency will use to determine the success of 
     children served under this title in meeting state performance 
     standards; the Senate amendment contains a similar provision 
     stating that the assessments be used to ``provide information 
     to teachers, parents, and students on the progress being made 
     toward meeting state performance standards.
       The Senate recedes with an amendment inserting before the 
     semicolon at the end of (A) ``and 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)''.
       168. The House bill provides that additional assessments 
     assist in diagnosis, teaching and learning in the classroom 
     in ways that best enable children served under this title to 
     meet state standards and do well in the local curriculum and 
     be used to determine what revisions are needed to projects 
     under this part so that such children will meet the state's 
     performance standards; the Senate amendment provides that 
     such assessments ``aid in instruction, in improving the 
     performance of individual students, and in revising the local 
     educational agencies or school's instructional program to 
     enable all children served under this part to meet state 
     performance standards.''
       The Senate recedes.
       169. The Senate amendment, but not the House bill, provides 
     that additional assessments be selected and administered by 
     teachers.
       The Senate recedes.
       170. The Senate amendment, but not the House bill, provides 
     that assessments be aligned with curriculum, and constitute 
     an integral part of the instructional program.
       The Senate recedes.
       171. The Senate amendment, but not the House bill, provides 
     that the plan include, at that local educational agency's 
     discretion, other indicators that will be used in addition to 
     assessments for the uses described in clause (i) and lists 
     examples of such indicators.
       The House recedes with an amendment deleting the 
     illustrative examples of ``other indicators''. It is the 
     intent of the Managers that the term ``other measures'' may 
     include indicators such as rates of attendance, graduation, 
     school-to-work or school-to-college transition, and dropout 
     rates.
       172. The House bill has a subsection heading and provides 
     that, to ensure high-quality instruction to enable 
     participating children to meet the state's performance 
     standards a coherent strategy for intensive and sustained 
     professional development for teachers, administrators, and 
     other staff including staff of such agency, in accordance 
     with section 1119; the Senate amendment requires a 
     description of the strategy the local educational agency will 
     use to provide ongoing professional development for the same 
     groups plus pupil services personnel, and parents.
       The House recedes with amendments inserting ``where 
     appropriate'' before ``pupil services personnel'', and a 
     cross-reference to section 1119.
       173. The Senate amendment provides that the professional 
     development take into account needs and activities across and 
     within schools, and draws on resources from multiple 
     resources. The House bill has a similar provision under its 
     Professional Development section.
       The Senate recedes.
       174. The House bill provides that the plan describe how 
     local educational agencies will notify schools of the 
     authority to operate schoolwide programs; the Senate 
     amendment has a subsection heading and requires an assurance 
     that the local educational agency will inform eligible 
     schools and parents of schoolwide project authority and 
     provide technical assistance to schoolwide programs.
       The House recedes.
       175. The House bill provides that the plan describe how 
     local educational agencies will work with schools as they 
     develop their plans, and assist schools in implementing their 
     schoolwide and targeted assistance plans so that each school 
     can make adequate yearly progress toward meeting State 
     standards, and fulfill its school improvement 
     responsibilities including the corrective actions it will 
     take under section 1116. The Senate amendment requires an 
     assurance that the local educational agency will work with 
     schools in the development and implementation of their 
     schoolwide and program improvement plans so that each school 
     can make progress toward meeting ``state content standards 
     and state student performance standards;'' and fulfill its 
     school improvement responsibilities with a different section 
     reference.
       The Senate recedes with an amendment inserting ``State 
     content standards and State student performance standards'' 
     and moving (c) to the assurance list.
       176. The House bill provides that the plan describe how the 
     local educational agency will coordinate and integrate 
     services provided under this part with other educational 
     services including Even Start, Head Start, other preschool 
     programs including plans for the transition of participants 
     in such programs to other programs, vocational education and 
     school-to-work transition programs; the Senate amendment 
     contains similar language requiring assurances for the 
     coordination and integration of services under this part with 
     a similar list of programs but does not include transition or 
     vocational education programs.
       The Senate recedes with an amendment to strike ``including 
     plans'' and inserting ``such as plan''.
       177. The House bill provides that the plan describe how the 
     local educational will coordinate services with services for 
     children with limited English proficiency or disabilities, 
     migratory children including those previously eligible for 
     services under Part C, in the 2 year period prior to the 
     enactment of this title, delinquent youth and youth at risk 
     of dropping out, homeless children, and immigrant children, 
     to increase program effectiveness, eliminate duplication, and 
     reduce fragmentation of children's instructional programs; 
     the Senate amendment requires an assurance for coordination 
     with such programs but does not include services for children 
     formerly eligible for migrant education and refers to 
     ``neglected or delinquent children.''
       The Senate recedes with an amendment adding ``neglected 
     and'' before ``children''.
       178. The House bill provides that the plan describe how the 
     local educational agency will coordinate and collaborate with 
     other agencies providing services to children, youth and 
     families, including health and social services; the Senate 
     amendment says that the local educational agency provide 
     assurances that it will coordinate and collaborate to the 
     extent feasible with such agencies and with school-based 
     pupil services personnel where appropriate.
       The House recedes with an amendment deleting ``school-based 
     pupil services personnel, where appropriate''.
       179. Both the House bill and Senate amendment say the plan 
     shall include a description of the poverty criteria that will 
     be used to select school attendance areas with technical 
     differences.
       Legislative counsel.
       180. The House bill refers to the multiple criteria that 
     will be used by targeted assistance schools to identify 
     children eligible for services under this part; the Senate 
     amendment refers to how teachers, in consultation with 
     others, in targeted assistance schools, will identify those 
     children most in need of services under this part.
       The House recedes.
       181. The House bill refers to the nature of programs to be 
     conducted by schools under section 1114 and 1115 and services 
     for children living in institutions for neglected and 
     delinquent children; the Senate amendment refers to a 
     ``general description of'' the nature of these programs ``and 
     where appropriate educational'' services for children in 
     institutions for neglected and delinquent children, and ``for 
     neglected and delinquent children in community day school 
     programs''.
       The House recedes.
       182. The House bill, but not the Senate amendment, provides 
     that the plan describe how the local educational agency will 
     ensure that migratory and formerly migratory children are 
     selected to receive such services on the same basis as other 
     children who are selected to receive services under this 
     part.
       The Senate recedes.
       183. The House bill refers to how a school that plans to 
     serve children through Head Start or Even Start will use 
     funds to expand such programs or increase the level of 
     service to children presently being served; the Senate 
     amendment provides that the plan include a description of how 
     the local educational agency, where appropriate, will use 
     funds to support preschool programs for children, 
     particularly children participating in Head Start or Even 
     Start, and that such services may be provided directly by 
     such agency or through a subcontract with the local Head 
     Start agency designated by the Secretary of Health and Human 
     Services, or another comparable public early childhood 
     development program.
       The House recedes with an amendment adding ``agencies 
     operating an Even Start program'' after ``Head Start Act''.
       184. The House bill says the plan shall include a 
     description of how the local educational agency will provide 
     services to eligible children attending private elementary 
     and secondary schools; the Senate amendment says that the 
     local education agency provide an assurance that it will 
     serve such children and has a different cross reference and 
     other technical differences.
       The House recedes.
       185. The House bill, but not the Senate amendment, provides 
     that the local educational agency describe the number of 
     schoolwide programs that will be operating in such agency.
       The House recedes.
       186. The Senate amendment, but not the House bill, says 
     that the plan provide assurances that the local educational 
     agency will give priority to serving students in the earlier 
     grades of schools that receive funds under this part.
       The House recedes with an amendment revising the provision 
     to read ``take into account the experience of model programs 
     for the disadvantaged, the findings of relevant research, 
     that services may be most effective if focused on pupils in 
     the earliest grades of school that receive funds under this 
     part''.
       187. The Senate amendment, but not the House bill, provides 
     that local educational agency provides assurances that, where 
     appropriate and feasible, it will establish a procedure to 
     ensure that all children in participating elementary schools 
     receive two health screenings during their elementary school 
     years.
       The Senate recedes.
       188. The Senate amendment, but not the House bill, says 
     that the plan provide assurances that in the case that a 
     state uses funds to provide early childhood services to low-
     income children below the age of compulsory school 
     attendance, ensure that those services comply with the Head 
     Start performance standards.
       The Senate recedes.
       189. The Senate amendment, but not the House bill, provides 
     that the local educational agency describe how, where 
     appropriate and feasible, it will use funds to reduce class 
     size to 15 students.
       The Senate recedes.
       190. The Senate amendment, but not the House bill, provides 
     that local educational agency plans be filed according to a 
     schedule established by the State educational agency and that 
     such plan shall be approved within 2 years of the date of 
     enactment of the IASA.
       The House recedes with amendments inserting ``not more than 
     1 year from the date of enactment of the Improving America's 
     Schools Act to have such plan provisionally approved by the 
     State educational agency and'' before ``not'' and ``finally'' 
     before ``approved''.
       191. The House bill provides that local educational agency 
     plans be developed in consultation with teachers, including 
     vocational teachers where appropriate; the Senate amendment 
     provides that the plan be developed in consultation with 
     teachers, pupil services personnel and has other minor 
     technical differences.
       The Senate recedes with an amendment inserting ``pupil 
     services personnel'' after ``teachers,''.
       192. The House bill provides that the state educational 
     agency shall approve a local plan if the plan will enable 
     schools served under this part to help children served under 
     this title to meet the State's challenging performance 
     standards expected of all children; the Senate amendment 
     contains a similar provision except it refers to helping 
     ``all'' children served ``under this part'' to meet the 
     standards ``described in section 1111(b)(1)'' and has other 
     technical differences.
       The House recedes with an amendment inserting ``expected of 
     all children'' before ``described''.
       193. The House bill, but not the Senate amendment, provides 
     that the state educational agency shall review the local plan 
     to determine if the professional development activities are 
     in accordance with section 1119.
       The Senate recedes.
       194. The House bill refers to the shared responsibility of 
     schools, teachers, and the local educational agency in making 
     decisions under section 1114 and 1115; the Senate amendment 
     refers to the shared responsibilities of the local 
     educational agency and schools.
       The Senate recedes.
     Eligible School Attendance Areas
       195. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``In General''.
       Legislative counsel.
       196. The House bill requires that LEAs use funds received 
     under this part ``only in school attendance areas with high 
     concentrations of children from low-income families, 
     hereafter in this section referred to as eligible school 
     attendance areas''; the Senate amendment requires that LEAs 
     use funds under this part ``only in eligible school 
     attendance areas''.
       The Senate recedes.
       197. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``Eligible School Attendance 
     Areas''.
       Legislative counsel.
       198. The House bill refers to `` `school attendance area' 
     '': the Senate amendment refers to ``the term `school 
     attendance area' ''.
       Legislative counsel.
       199. The House bill refers to ``served by such school 
     reside''; the Senate amendment refers to ``served by that 
     school reside''.
       Legislative counsel.
       200. The House bill refers to ```eligible school attendance 
     area'''; the Senate amendment refers to ``the term `eligible 
     school attendance area'''.
       Legislative counsel.
       201. The House bill defines eligible school attendance area 
     to mean a school attendance area in which the percentage of 
     children from low income families is at least as high as the 
     percentage of children from low income families in the LEA as 
     a whole; the Senate amendment, in defining eligible school 
     attendance area, encompasses the House bill's definition and 
     further defines the term to mean a school attendance area in 
     which the percentage of children from low income families is 
     equal to or greater than the percentage of children served by 
     the LEA as a whole or who are eligible to participate in a 
     schoolwide program.
       The Senate recedes.
       202. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``Serving Schools in Rank 
     Order''.
       Legislative counsel.
       203. The House bill requires, that if funds allocated in 
     accordance with the allocations subsection are insufficient 
     to serve all eligible school attendance areas, then a LEA 
     must annually rank, from highest to lowest according to the 
     percentage of children from low-income families, and without 
     regard to grade spans, its eligible school attendance areas 
     in which the concentration of children from low-income 
     families exceeds 75%, and then the LEA must serve such 
     eligible school attendance areas in rank order; the Senate 
     amendment requires that each LEA receiving part A assistance 
     first serve in rank order schools in which the concentrations 
     of children from low-income families is 75% or greater.
       The Senate recedes.
       204. The House bill requires that, if funds remain after 
     serving all eligible school attendance areas within which the 
     concentration of children from low-income families exceed 
     75%, then the LEA must annually rank its remaining eligible 
     school attendance areas from highest to lowest either by 
     grade span or for the entire LEA according to the percentage 
     of children from low-income families, and then serve such 
     eligible school attendance areas in rank order either by 
     grade-span or within the LEA as a whole; the Senate amendment 
     requires that, after the LEA first serves, in rank order, the 
     eligible school attendance areas in which the concentrations 
     of children from low-income families is 75% or greater, the 
     LEA then serve, in rank order, schools in which the 
     concentration of children from low-income families is at 
     least 50% and less than 75%, with rank order determined, at 
     the discretion of the LEA, according to grade span or school, 
     and finally serve in rank order schools in which the 
     concentration of children from low-income families is below 
     50%, with rank order determined according to grade span or by 
     school.
       Open.
       205. The House bill requires that the LEA shall use as the 
     measure of poverty, with respect to all school attendance 
     areas in the LEA, either (1) the number of children ages 5 to 
     17 in the poverty count of the most recent census data 
     approved by the Secretary, (2) the number of children 
     eligible for free and reduced price lunches under the 
     National School Lunch Act, (3) the number of children in 
     families receiving assistance under AFDC, or (4) the number 
     of children eligible to receive medical assistance under the 
     Medicaid program, or (5) a composite of the above poverty 
     indicators; the Senate amendment requires that the LEA shall 
     use the same measure of low-income, with respect to all 
     school attendance areas in the LEA, which the LEA shall 
     choose on the basis of the best available verifiable data and 
     which may be a composite of several indicators.
       The Senate recedes with an amendment inserting ``the same 
     measure of low income, which measures shall be'' before ``the 
     number''.
       206. The House bill refers to ``each area''; the Senate 
     amendment refers to ``each such area''.
       Legislative counsel.
       207. The House bill does not apply the ranking and poverty 
     indicator provisions to LEAs with a total enrollment of less 
     than 1,000 students; the Senate amendment does not apply the 
     ranking and poverty indicator provisions nor the allocation 
     requirements to LEAs with a total enrollment of less than 
     1,000 students but requires that such LEAs 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 the grade levels served.
       The Senate recedes but the conferees note that the House 
     exemption affects 45% of all school districts. The conferees 
     are concerned that this exemption could result in some rural 
     states, made up almost entirely of school districts with 
     enrollments of less than 1,000 children, not achieving the 
     level of targeting that the conferees intend. However, the 
     conferees also recognize that the Senate language might be 
     difficult to administer or be too inflexible for some small 
     districts to serve the neediest students. Thus, it is the 
     conferees' intent that the Secretary should work with and 
     encourage such districts that receive Title I, Part A funds 
     to target their funds to the neediest schools and students in 
     ways appropriate for smaller districts.
       208. The Senate amendment, but not the House bill, does not 
     apply the ranking and poverty indicator provisions nor the 
     allocation requirements 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% of the 
     school's total enrollment.
       The House recedes with an amendment giving the Secretary of 
     Education the authority to grant a waiver.
       While the House recedes with an amendment giving the 
     Secretary the authority to grant a waiver from the 
     requirement to serve schools in rank order for local 
     educational agencies undergoing desegregation plans, the 
     conferees take particular note of the unique situation of the 
     Omaha, Nebraska School District and the particular need for a 
     waiver under the authority given the Secretary in this 
     legislation. While the waiver authority is permissive, the 
     conferees, in light of the unique circumstances brought to 
     their attention, intend that the Secretary of Education shall 
     grant such a waiver to the Omaha School District.
       209. The Senate amendment, but not the House bill, includes 
     a special rule which states that the per pupil amount of 
     funds allocated to each school or school attendance area 
     which falls under the Senate exceptions, above, shall be at 
     least 65% of the per pupil amount of funds the LEA received 
     for that year under the poverty criterion described in the 
     LEA plan, except that this shall not apply to a LEA that only 
     serves schools in which at least 50% of children enrolled are 
     from low income families, but allows a LEA to reduce the 
     amount of any supplemental State and local funds expended in 
     the attendance area or school for programs that meet the 
     schoolwide program or targeted assistance school requirements 
     of this part.
       The Senate recedes.
       210. The House bill, but not the Senate amendment, allows 
     LEAs to designate as eligible any school attendance area or 
     school in which at least 50% of the children are from low-
     income families.
       The Senate recedes.
       211. The House bill, but not the Senate amendment, allows 
     LEAs to elect not to serve an eligible attendance area or 
     school that has a higher percentage of children from low-
     income families if (1) the school meets the comparability 
     requirements of this title, (2) the school is receiving 
     supplemental funds from other State or local sources that are 
     spent according to the schoolwide program or targeted 
     assistance program requirements, (3) the funds expended from 
     State or local sources equal or exceed the amount that would 
     be provided under this part, but, notwithstanding the above, 
     the number of children attending private schools who are to 
     receive services and the assistance they receive under this 
     part shall be determined without regard to whether the public 
     school attendance area in which the private school children 
     reside is passed over under for Title I services.
       The Senate recedes.
       212. The House bill, but not the Senate amendment, allows 
     LEAs to use funds received to serve eligible children who 
     reside in school attendance areas served under part A and who 
     attend schools in other attendance areas in accordance with a 
     court-ordered desegregation plan or a plan which continues to 
     be implemented in accordance with a district-wide, court-
     ordered desegregation plan.
       The House recedes.
       213. The Senate amendment, but not the House bill, includes 
     a subsection heading entitled ``Optional Assignment''.
       The Senate recedes.
       214. The House bill refers to ``in local educational 
     agencies that have over 900,000 students, to the extent 
     feasible, use''; the Senate amendment refers to ``A local 
     educational agency with a total enrollment of greater than 
     900,000 children may, to the extent feasible''.
       Both the House and Senate recede.
       215. The House bill refers to ``serve educationally 
     deprived children''; the Senate amendment refers to ``serve 
     children from low income families''.
       Both the House and Senate recede.
       216. The Senate amendment, but not the House bill, includes 
     a subsection heading entitled ``In General''.
       Legislative counsel.
       217. The House bill requires that LEAs allocate part A 
     funds to eligible school attendance areas or to eligible 
     schools which are identified under the Allocations and LEA 
     Discretion provisions, in rank order, on the basis of the 
     total number of children from low-income families in each 
     area or school; the Senate amendment requires that LEAs 
     allocate part A funds to eligible school attendance areas or 
     to eligible schools which are (1) identified as having a 
     concentration of children from low-income families of 75% or 
     greater, in rank order, on the basis of the total number of 
     children from low-income families in each area or school, (2) 
     identified as having a concentration of children from low-
     income families of less than 75%, in rank order, on the basis 
     of the total number of children from low-income families 
     served in grade levels served in each eligible attendance 
     area or eligible school.
       The Senate recedes.
       218. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``Special Rule''.
       Legislative counsel.
       219. The House bill requires that the per-pupil amount of 
     funds allocated to each school attendance area or school 
     shall be not less than 80% of the per-pupil amount of funds 
     the LEA received under basic grants, concentration grants, 
     and targeted grants to LEAs; the Senate amendment requires 
     that the per-pupil amount of funds allocated to each school 
     attendance area or school shall be at least 65% of the per-
     pupil amount of funds an LEA received for that year under the 
     poverty criterion that the LEA described in its plan, except 
     this requirement shall not apply to an LEA which only serves 
     schools in which the percentage of low-income children is 50% 
     or greater.
       See note 504.
       220. The House bill refers to ``such school attendance area 
     or school''; the Senate amendment refers to ``that school 
     attendance area or school''.
       Legislative counsel.
       221. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``Reservation''.
       Legislative counsel.
       222. The House bill refers to ``provide the services''; the 
     Senate amendment refers to ``those provided''.
       Legislative counsel.
       223. The House bill requires LEAs to reserve funds in order 
     to serve homeless children consistent with section 
     1115(b)(2)(d) which are provisions regarding homeless 
     children; the Senate amendment requires LEAs to reserve funds 
     to serve eligible homeless children who do not attend 
     participating schools, including, where appropriate, 
     providing educationally related support services to children 
     in shelters.
       The House recedes with an amendment moving ``where 
     appropriate'' to the beginning of (A).
       224. The House bill refers to ``children in local 
     institutions for delinquent children''; the Senate amendment 
     refers to ``children living in local institutions for 
     neglected and delinquent children''.
       The House recedes.
       225. The Senate amendment, but not the House bill, requires 
     LEAs to reserve funds to serve, where appropriate, neglected 
     and delinquent children in community day school programs.
       The House recedes.
     Schoolwide Programs
       226. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``In General''.
       Legislative counsel.
       227. The House bill refers to ``to upgrade''; the senate 
     amendment refers to ``in order to upgrade''.
       Legislative counsel.
       228. The House bill refers to ``in an eligible school''; 
     the Senate amendment refers to ``a school described in 
     subparagraph (A) or (B)''.
       Legislative counsel.
       229. The House bill refers to ``meet the following 
     criteria''; the Senate amendment refers to ``meets either of 
     the following criteria''.
       Legislative counsel.
       230. The House bill allows schools to operate schoolwide 
     programs if, for school year 1995-96 the school serves an 
     eligible school attendance area where at least 65% of the 
     children are from low income families or where at least 65% 
     of the children enrolled in the school are from low income 
     families, and, for school year 1996-97 and thereafter, the 
     qualifying percentage shall be 60%; the Senate amendment 
     allows schools to operate schoolwide programs if the school 
     serves an eligible school attendance area where at least 30% 
     of the children are from low income families and are eligible 
     for a free or reduced price lunch or show evidence of poverty 
     by other criteria, and where at least 30% of the children 
     enrolled are from families meeting the above criteria.
       The Senate recedes with an amendment making school wide 
     eligibility 60 percent for the school year 1995-96 and 50 
     percent for school year 1996-97 and thereafter.
       231. The House bill, but not the Senate amendment, requires 
     that an LEA can only start new schoolwide programs after the 
     SEA provides written information to the LEA that demonstrates 
     that the State has established the statewide system of 
     support and improvement that is required by this title and if 
     the State describes how it has the capability to provide on-
     site assistance (if necessary) to each eligible school.
       The Senate recedes with an amendment redrafting (B) to read 
     ``a school that wants to initiate a schoolwide program prior 
     to the establishment of the statewide system of support and 
     improvement required in section 1117(c)(1) and (e), shall 
     demonstrate to the local educational agency that it has 
     received high quality technical assistance and support from 
     other providers of assistance such as comprehensive technical 
     assistance centers, regional laboratories, institutions of 
     higher education, educational service agencies or other local 
     consortia''. Also delete ``(2) the provisions of paragraph 
     (1) notwithstanding.''
       232. The Senate amendment, but not the House bill, states 
     that no schoolwide program school shall be required to 
     identify particular children as eligible to participate in a 
     schoolwide program or to provide supplemental services to 
     such children.
       The House recedes with an amendment inserting ``under this 
     part'' after ``such children.''
       233. The House bill refers to ``A schoolwide program school 
     shall use such funds''; the Senate amendment refers to ``A 
     school participating in a schoolwide program shall use funds 
     available to carry out this section''.
       Legislative counsel.
       234. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``Special Rule''.
       Legislative counsel.
       235. The House bill allows schoolwide program schools to 
     use funds received from any USED formula grant program 
     (except IDEA) and from any discretionary program (which is 
     contained on a list issued by the Secretary) to support a 
     schoolwide program; the Senate amendment allows, except as 
     provided in the Components of Schoolwide provisions, the 
     Secretary to publish a Federal Register notice which exempts 
     schoolwide programs from statutory or regulatory provisions 
     of any USED formula or discretionary grant program (except 
     IDEA formula or discretionary programs) to support schoolwide 
     programs.
       The House recedes.
       236. The Senate amendment, but not the House bill, states 
     that the Federal Register notice shall not be subject to the 
     requirements in section 431 of GEPA or section 553 of title 5 
     of the U.S. Code.
       The Senate recedes.
       237. The Senate amendment, but not the House bill, states 
     that a school which chooses to use other program funds in the 
     schoolwide program 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 States or local educational agencies 
     that apply to the receipt of funds from such programs.
       The House recedes.
       238. The Senate amendment requires that schoolwide program 
     schools use not less than 10% of their Title I funds to carry 
     out professional development activities except that a school 
     may enter into consortia, and the 10% set-aside requirement 
     shall not apply to a school if 10% of the funds the school 
     receives is equal to less than $5,000; the House bill 
     requires that schoolwide program provide intensive and 
     sustained professional development for teachers, principal, 
     and other staff, including aides, in accordance with the 
     provisions in section 1119 (Professional Development) of the 
     House bill (see notes 235 and 443).
       The House recedes with an amendment rewriting the language 
     to read as follows:
       ``Each school receiving funds under this part for any 
     fiscal year shall devote sufficient resources to effectively 
     carry out the professional development activities described 
     in subsection (b)(1)(D), and consistent with section 1119, 
     for such fiscal year, except that a school may enter into a 
     consortium with another school to carry out such 
     activities.''
       Amend the program improvement provisions in section 116 to 
     include the following:

                           *   *   *   *   *

       Include in section 1119 the following:
       ``No State Educational Agency shall require a school to 
     expend for professional development activities a specific 
     amount of funds except that this part shall not apply with 
     respect to section 1116(d)(6).''
       239. The Senate amendment, but not the House blll, includes 
     a paragraph heading entitled ``In General''.
       Legislative counsel.
       240. The House bill refers to ``State's standards''; the 
     Senate amendment refers to ``State content standards and the 
     State student performance standards described in section 
     1111(b)(1)''.
       The House recedes.
       241. The House bill refers to ``performance standards''; 
     the Senate amendment refers to ``levels of performance 
     described in section 1111(b)(1)(A)''.
       The House recedes with an amendment inserting ``student'' 
     before ``performance''.
       242. The House bill refers to ``based on research on 
     effective means''; the Senate amendment refers to ``based on 
     effective means''.
       The House recedes.
       243. The House bill, but not the Senate amendment, requires 
     that schoolwide program uses effective instructional 
     strategies which may include the integration of vocational 
     and academic learning (including applied learning and team 
     teaching strategies).
       The Senate recedes.
       244. The House bill gives, as an illustrative example of 
     increasing time and learning, providing an extended school 
     year and before-and-after school programs and opportunities; 
     the Senate amendment allows, in addressing the needs of all 
     children, schoolwide programs to offer after school and 
     summer programs, and places these provisions in another part 
     of the section.
       The Senate recedes with an amendment inserting ``and 
     summer'' before ``programs''.
       245. Both the House bill and the Senate amendment require 
     that schoolwide programs help provide an enriched and 
     accelerated curriculum, but the House bill also requires that 
     the curriculum should incorporate gender-equitable methods 
     and practices, but the House bill states that such curriculum 
     should be provided instead of remedial drill and practice, 
     and the Senate amendment places the gender equity language in 
     another part of the section.
       The Senate recedes with an amendment adding ``and that 
     include strategies in meeting the educational needs of 
     historically underserved populations, including girls and 
     women''.
       246. The Senate amendment, but not the House bill, refers 
     to ``economically disadvantaged children'' and ``children 
     with disabilities''.
       The House recedes with an amendment striking categories of 
     children.
       247. Both the House bill and the Senate amendment require 
     that schoolwide programs address how the school will 
     determine if the needs of special populations have been met, 
     but the bills place the requirement in different parts of the 
     section (see page   ).
       Legislative counsel.
       248. The House bill, but not the Senate amendment, requires 
     that schoolwide programs describe the current program being 
     offered to LEP students.
       The House recedes.
       249. The House bill, but not the Senate amendment, requires 
     that schoolwide programs address how the school will build 
     upon, expand, or coordinate the schoolwide program with the 
     current program.
       The House recedes.
       250. The Senate amendment states that, in addressing the 
     needs of all children, schoolwide programs may include 
     counseling, pupil services and mentoring services, college 
     and career counseling awareness and preparation, services to 
     prepare students for the transition from school-to-work; the 
     House bill includes similar activities, but specifies that 
     such activities must be carried out in schools serving 
     children beyond grade six.
       The House recedes with amendments adding references to 
     comprehensive career development, occupational information, 
     and occupational skills, personal finance education and other 
     matters from the House bill.
       251. The Senate amendment states that, in addressing the 
     needs of all children, schoolwide program may include 
     services to assist preschool children in transition from 
     early childhood programs to elementary school programs; the 
     House bill requires that schoolwide programs carry out 
     similar activities.
       The Senate recedes.
       252. The House bill refers to ``State and local reform 
     plans''; the Senate amendment refers to ``State and local 
     improvement plans''.
       The House recedes.
       253. The House bill requires that schoolwide programs 
     provide intensive and sustained professional development for 
     teachers, principal, and other staff, including aides; the 
     Senate amendment requires that schoolwide programs provide 
     ongoing professional development for teachers, pupil services 
     personnel, parents, principals, and other staff.
       The House recedes with an amendment adding a reference to 
     section 1119 and inserting ``and aides, where appropriate'' 
     and striking ``ongoing''.
       254. The House bill requires that professional development 
     be provided in accordance with the provisions in section 1119 
     (Professional Development) of the House bill; and Senate 
     amendment requires that professional development be provided 
     in accordance with the 10% set-aside provision.
       The Senate recedes.
       255. The House bill refers to ``State's performance 
     standards''; the Senate amendment refers to ``State's student 
     performance standards.
       The House recedes.
       256. The Senate amendment requires that professional 
     development activities be jointly developed by the principal, 
     teachers, and other staff of each school; the House bill has 
     similar requirements in section 1119.
       The Senate recedes.
       257. The House bill refers to ``strategies to increase 
     parental involvement, including family literacy services''; 
     the Senate amendment refers to ``parental involvement in 
     accordance with section 1116''.
       The Senate recedes with an amendment changing ``including'' 
     to ``such as''.
       258. The House bill requires that schoolwide programs 
     include plans for assisting preschool children in the 
     transition from early childhood programs, such as Head Start, 
     Even Start, or a State-run preschool program, to elementary 
     school; the Senate amendment includes a similar provision, 
     but it is an allowable activity, and it does not reference 
     specific programs.
       The Senate recedes.
       259. The House bill requires schoolwide program serving 
     children beyond grade six to provide counseling and mentoring 
     services, college and career awareness, exploration, and 
     preparation programs, and services to prepare students for 
     the transition from school to work; the Senate amendment has 
     similar provisions, but they are allowable activities and are 
     not limited to schools serving children beyond grade six.
       The House recedes with an amendment moving certain 
     provisions to schoolwide project components.
       260. The Senate amendment, but not the House bill, requires 
     schoolwide programs to include the development and use of 
     teacher selected assessments as described in the LEA plan.
       The House recedes with amendment striking development and 
     use of teacher selected'' and inserting ``measures to include 
     teachers in decisions regarding the use of'' before 
     ``assessments.''
       261. The Senate amendment, but not the House bill, requires 
     that schoolwide programs include measures to ensure that 
     students who experience difficulty mastering any of the State 
     standards during the course of the school year will be 
     provided with additional assistance which shall include (1) 
     measures to ensure that the student's difficulties are 
     identified on a timely basis and to provide information on 
     which to base the assistance, (2) periodic training for 
     teachers in how to identify such difficulties and provide 
     assistance (to the extent feasible), and (3) for any student 
     who has not met the standards, teacher parent conferences.
       The House recedes with an amendment changing ``Measures'' 
     to ``Activities''.
       262. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``Plan''.
       Legislative counsel.
       263. the Senate amendment, but not the House bill, allows 
     schoolwide program schools to amend a plan that was in 
     existence before the enactment of the Improving America's 
     Schools Act.
       The House recedes.
       264. The House bill, but not the Senate amendment, requires 
     that the schoolwide program plan to be developed in 
     consultation with the school's support team or other 
     technical assistance provider.
       The Senate recedes.
       265. The House bill refers to ``such components''; the 
     Senate amendment refers to ``those components''.
       Legislative counsel.
       266. The House bill requires schoolwide program plans to 
     describe how the school will provide ``individual student 
     assessment results''; the Senate amendment requires 
     schoolwide program plans to describe how the school will 
     provide ``valid and reliable individual student assessment 
     results''.
       The Senate recedes.
       267. The Senate amendment requires schoolwide program plans 
     to provide 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, LEP 
     children; the House bill has a similar provision in its 
     standards and assessment requirements.
       The House recedes with an amendment requiring statistically 
     sound results.
       268. The House bill refers to ``a review of the schools 
     instructional practices in the context of available research 
     on effective instructional and school improvement 
     practices''; the Senate amendment refers to ``effective 
     instructional and school improvement practices''.
       The House recedes.
       269. The House bill requires that the comprehensive plan be 
     developed ``during a one-year period''; the Senate amendment 
     requires that the comprehensive plan be developed ``over a 
     one-year period'';
       The Senate recedes.
       270. The House bill, but not the Senate amendment requires 
     that the technical assistance providers provide 
     recommendations to the LEA on whether or not a school's 
     schoolwide plan can be developed in less time that a one-year 
     period.
       The Senate recedes with an amendment striking ``based on'' 
     and inserting ``after considering''.
       271. The House bill refers to``it''; the Senate amendment 
     refers to ``such school''.
       Legislative counsel
       272. The House bill refers to ``at the time this section 
     takes effect''; the Senate amendment refers to ``on the day 
     preceding the date of enactment of the Improving America's 
     Schools Act of 1994''.
       Legislative counsel.
       273. The House bill refers to ``such program''; the Senate 
     amendment refers to ``that program''.
       Legislative counsel.
       274. The House bill refers to ``during the first year''; 
     the Senate amendment refers to ``during the first year of 
     assistance under such Act''.
       Legislative counsel
       275. The House bill requires that the schoolwide plan be 
     developed with the involvement of the community to be served 
     and individuals who will carry it out (including teachers, 
     principals, other staff, parents, and students if the plan is 
     carried out in secondary schools); the Senate amendment 
     requires that the plan be developed by a schoolsite council 
     composed of those individuals who will implement the plan 
     (including teachers, pupil services personnel, parents, 
     principals, and other staff).
       The Senate recedes with an amendment inserting ``and where 
     appropriate, pupil services personnel, and''.
       276. The Senate amendment, but not the House bill, requires 
     that the plan be in effect for the duration of the school's 
     participation under this part.
       The House recedes.
       277. The House bill refers to ``made available''; the 
     Senate amendment refers to ``available''.
       Legislative counsel.
       278. The Senate amendment, but not the House bill, requires 
     that the school wide plan be made available to the LEA.
       The House recedes.
       279. The House bill refers to ``with the information''; the 
     Senate amendment refers to ``and the information''.
       Legislative counsel.
       280. The House bill refers to ``translated''; the Senate 
     amendment refers to ``shall be translated''.
       Legislative counsel.
       281. The House bill, but not the Senate amendment, requires 
     that the schoolwide plan be developed, where appropriate, in 
     coordination with programs under the School-to-Work 
     Opportunities Act, the Perkins Vocational and Applied 
     Technology Act, and the National and Community Service Trust 
     Act.
       The Senate recedes.
       282. The House bill, but not the Senate amendment, includes 
     a subsection on accountability which requires (1) that 
     schoolwide programs shall be subject to school improvement 
     for failure to make adequate progress for two consecutive 
     years, (2) that schoolwide programs in program improvement 
     which have not made adequate progress by the third year 
     following program improvement identification shall be subject 
     to corrective action and where appropriate termination of its 
     status as a schoolwide program, and (3) that a school that 
     has forfeited its schoolwide status may to regain such status 
     until the LEA determines that the school has adequately 
     reformed its schoolwide program plan to enable it to make 
     adequate progress toward meeting the State's challenging 
     performance standards.
       The Senate recedes with amendments deleting (2) and moving 
     (3) to another place in the bill, and rewriting (1) to read 
     ``A school with a school-wide project shall be subject to the 
     school improvement provisions of Section 1116.''
     Targeted Assistance Schools
       283. The House bill refers to ``schools selected to 
     participate under section 1113''; the Senate amendment refers 
     to ``schools selected to receive funds under section 
     1113(c)''.
       Legislative counsel.
       282. The House bill refers to ``a schoolwide program'' in 
     two places; the Senate amendment refers to ``a schoolwide 
     program under section 1114'' and ``such a schoolwide 
     program''.
       Legislative counsel.
       285. The House bill requires targeted assistance schools to 
     provide services only to eligible children who are identified 
     as having the greatest need for special assistance; the 
     Senate amendment requires targeted assistance schools to 
     provide services only 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.
       The Senate recedes.
       286. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``Eligible Population''.
       Legislative counsel.
       287. The House bill defines the eligible population to be 
     (1) children up to age 21 who are entitled to a free public 
     education through grade 12 and (2) children who are not yet 
     at a grade level where the LEA provides a free public 
     education yet are of an age where they can benefit from an 
     instructional program; the Senate amendment encompasses the 
     House definition of eligible population, but specifies that 
     the child must be economically disadvantaged as well as meet 
     the House criteria, and includes in the eligible population 
     ecinomically disadvantaged children who are also disabled, 
     limited-English proficient, or a migrant.
       The Senate recedes.
       288. The House bill defines eligible children as children 
     who are in the eligible population who are identified by the 
     school as failing, or most at risk of failing to meet the 
     State's performance standards on the basis of objective 
     criteria established by the LEA, except that children from 
     preschool through grade 2 shall be selected solely on the 
     basis of criteria such as teacher judgment, interviews with 
     parents, and developmentally appropriate methods; the Senate 
     amendment covers the ``definition'' of eligible children in 
     its definition of eligible population.
       The Senate recedes.
       289. The House bill allows children receiving services to 
     overcome a disability or limited English proficiency to be 
     eligible for services in targeted assistance schools on the 
     same basis as other children who are selected for services 
     under this part; the Senate amendment makes children who are 
     disabled and LEP children eligible for services if they are 
     also economically disadvantaged.
       The Senate recedes with amendment changing ``receiving 
     services to overcome a disability'' to ``with''; inserting 
     ``children'' before ``are eligible'' and adding ``migrant and 
     economically disadvantaged children.''
       290. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``Special Rule''.
       Legislative counsel.
       291. The House bill states that funds received under this 
     part may not be used to provide services that are otherwise 
     required by law to make available to disabled children and 
     LEP children; the Senate amendment states that funds received 
     under this part may not be used to provide services that are 
     otherwise required by law to be made available to children 
     who received services under Neglected and Delinquent during 
     the 2 preceding years, homeless children attending school in 
     the LEA, and children who participated in Head Start or Even 
     Start during the 2 preceding years, but allows that funds 
     received under this part may be used to coordinate or 
     supplement such services.
       The Senate recedes with an amendment adding at the end 
     ``but may be used to coordinate or supplement such 
     services''.
       292. Both the House bill and the Senate amendment allow 
     children who, in the 2 preceding years, participated in Head 
     Start or Even Start to be automatically eligible for services 
     under this part, but the House bill also allows children who, 
     in the 2 preceding years, participated in a State-run 
     preschool program.
       The House recedes.
       293. The House bill allows children who during the 2 
     preceding years received services under part D (N&D) to be 
     eligible for services under this part; the Senate amendment 
     requires that such a child be automatically eligible to 
     receive services under this part.
       The Senate recedes.
       294. The House bill, but not the Senate amendment, requires 
     that any child in a local institution for neglected and 
     delinquent children or attending a community day program for 
     such children is eligible for services under this part.
       The Senate recedes with an amendment changing ``is'' to 
     ``may be''.
       295. The House bill requires that services under this part 
     be provided to eligible homeless children who attend a school 
     in an LEA which receives title I funds, and to the extent 
     feasible, requires an LEA to use part A funds to serve 
     eligible homeless children who attend schools in noneligible 
     attendance areas, including providing educationally related 
     support services to children in shelters (where appropriate); 
     the Senate amendment requires that homeless children 
     attending any school in the LEA is eligible for services.
       The House recedes.
       296. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``In General''.
       Legislative counsel.
       297. The House bill refers to ``to provide all students''; 
     the Senate amendment served under this part''.
       The House recedes.
       298. The House bill refers to ``the State's challenging 
     performance standards''; the Senate amendment refers to ``the 
     State's student performance standards in subject areas as 
     determined by the State''.
       The House recedes.
       299. The House bill refers to ``its resources''; the Senate 
     amendment refers to ``such program's resources''.
       Legislative counsel.
       300. The House bill refers to ``the challenging performance 
     standards''; the Senate amendment refers to ``such State 
     student performance standards''.
       The House recedes.
       301. The House bill refers to ``be based on research on 
     effective means''; the Senate amendment refers to ``be based 
     on effective means''.
       The House recedes.
       302. The Senate amendment, but not the House bill, requires 
     that a component of a targeted assistance program shall 
     ensure that planning for students served under this part is 
     incorporated into existing school planning.
       The House recedes.
       303. The House bill requires that schools use effective 
     instructional strategies, that give primary consideration to 
     providing extended learning time such as an extended school 
     year and before-and-after school programs and opportunities; 
     the Senate amendment requires that schools use effective 
     instructional strategies that increase the amount and quality 
     of learning time.
       The Senate recedes with an amendment inserting ``and 
     summer''.
       304. The House bill requires that schools use effective 
     instructional strategies that involve an accelerated, high-
     quality curriculum, including applied learning, rather than 
     remedial drill and practice; the Senate amendment requires 
     that schools use effective instructional strategies that help 
     provide an accelerated, high quality curriculum.
       The House recedes with an amendment inserting ``including 
     applied learning'' after ``curriculum''.
       305. The House bill requires that schools use effective 
     instructional strategies that minimize removing children from 
     the regular classroom for instruction provided under this 
     part; the Senate amendment requires that schools use 
     effective instructional strategies isolating eligible 
     children from other children in the school during regular 
     school hours.
       The Senate recedes with an amendment inserting ``during 
     regular school hours'' after ``classroom''.
       306. Both the House bill and the Senate amendment require 
     that targeted assistance programs be coordinated with and 
     support the regular education program, but the House bill 
     states that targeted assistance program should support the 
     regular program in providing an enriched and accelerated 
     curriculum for eligible children.
       The House recedes.
       307. The Senate amendment allows targeted assistance 
     programs, in supporting the regular education program, to 
     include (1) counseling, mentoring and other pupil services, 
     (2) college and career awareness and preparation services, 
     and (3) services to prepare students for the transition from 
     school to work; the House bill has similar provisions, but 
     requires that such services be provided in participating 
     schools serving children beyond grade six.
       The House recedes with amendments adding references to 
     comprehensive career development, occupational information, 
     and occupational skills, personal finance, and other matter 
     from the House bill.
       308. The Senate amendment allows targeted assistance 
     programs, in supporting the regular education program, to 
     include services to assist preschool children in the 
     transition from early childhood programs to elementary school 
     programs; the House bill requires that similar services be 
     included as a component of a targeted assistance program.
       The House recedes.
       309. The House bill refers to ``highly qualified 
     professional staff''; the Senate amendment refers to ``highly 
     qualified staff''.
       The House recedes.
       310. The House bill requires targeted assistance schools to 
     provide opportunities for intensive and sustained 
     professional development; the Senate amendment requires such 
     schools to provide opportunities for ongoing professional 
     development to the extent the school determines feasible.
       The House recedes with an amendment adding a cross 
     reference to section 1119, and striking ``ongoing''.
       311. The House bill requires targeted assistance programs 
     to provide strategies to increase parental involvement 
     including family literacy services; the Senate amendment 
     requires targeted assistance programs to provide 
     opportunities for parental involvement in accordance with 
     section 1116.
       The Senate recedes with an amendment changing ``including'' 
     to ``such as''.
       312. The House bill requires targeted assistance programs 
     to provide plans for assisting preschool children in the 
     transition from early childhood programs, such as Head Start, 
     Even Start, or a State-run preschool program, to local 
     elementary school programs; the Senate amendment allows 
     targeted assistance programs, in supporting the regular 
     education program, to include services to assist preschool 
     children in the transition from early childhood programs to 
     elementary school programs.
       313. The House bill requires targeted assistance programs 
     serving children beyond grade 6, in coordination with funds 
     available from other programs and (as appropriate) drawing on 
     private and public organizations to include (1) counseling 
     and mentoring, (2) college and career awareness and 
     preparation services; and (3), services to prepare students 
     for the transition from school to work; the Senate amendment 
     allows targeted assistance programs, in supporting the 
     regular education program, to provide such services, but does 
     not limit services to schools serving children beyond grade 
     six (see note).
       The House recedes with an amendment adding items from the 
     House list in ``Components of a Targeted Assistance School 
     Programs''.
       314. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``Requirements''.
       Legislative counsel.
       315. The House bill requires targeted assistance schools to 
     develop a plan (in consultation with the LEA) to assist 
     participating children to meet the State's ``proficient'' and 
     ``advanced'' performance standards, and then outlines the 
     plan requirements; the Senate amendment requires targeted 
     assistance schools to assist participating children to meet 
     the State's proficient and advanced levels of performance, 
     and then lists what schools must do.
       The House recedes.
       316. The House bill, but not the Senate amendment, requires 
     the school plan to describe the selection of children to 
     participate in the program.
       The House recedes.
       317. The House bill requires the school plan to describe 
     the program to be conducted that incorporates the targeted 
     assistance program components that are outlined in the House 
     bill and how resources will be coordinated with other 
     resources to enable the children served to meet the State's 
     standards; the Senate amendment requires targeted assistance 
     programs to coordinate Title I resources with other resources 
     to enable children served to meet the State content standards 
     and the State student performance standards.
       The House recedes.
       318. The House bill, but not the Senate amendment, requires 
     the school plan to describe how the school will review, on an 
     ongoing basis, the progress of participating children and 
     revise the program, if necessary, to provide additional 
     assistance to enable children to meet the State's standards, 
     and then gives a list of examples of this.
       The Senate recedes with an amendment changing ``review'' to 
     ``reviewing'' and ``revise'' to ``revising'' and moving to 
     the assurances list, and an amendment not requiring a plan.
       319. The House bill, but not the Senate amendment, requires 
     the school plan to describe why, if a school is eligible to 
     operate a schoolwide program, if choose not to do so.
       The House recedes.
       320. The Senate amendment requires targeted assistance 
     schools to provide individual student assessment results, 
     including an explanation of those results, to the parent of 
     any child who participates in the assessment; the House bill 
     has a similar requirement in its standards and assessment 
     provisions.
       The Senate recedes.
       321. The House bill, but not the Senate amendment, requires 
     that school plans, developed before a State has adopted 
     standards and a set of assessments that meet the criteria in 
     section 1111, shall be based on an analysis of available data 
     on the achievement of participating children and a review of 
     the school's instructional practices in the context of 
     available research on effective instructional practices.
       The House recedes.
       322. The House bill, but not the Senate amendment, requires 
     that (1) school plans be developed with the involvement of 
     the community to be served and the individuals who will carry 
     it out, (2) each plan be approved by LEA and made available 
     to parents (translated, to the extent feasible, into the 
     parent's native language), and (3) each plan be reviewed and 
     revised, as necessary, by the school.
       The House recedes.
       323. The House bill refers to ``staff paid with funds''; 
     the Senate amendment refers to ``staff supported with 
     funds''.
       Legislative counsel.
       324. The Senate amendment, but not the House bill, requires 
     that nothing in this section shall be construed to prohibited 
     a school from serving students served under this similar 
     educational needs, in the same educational settings, where 
     appropriate.
       The House recedes.
       325. The Senate amendment allows targeted assistance 
     schools, (1) if health, nutrition, and other social services 
     are not otherwise available to children in those schools, (2) 
     if the school has engaged in a comprehensive needs assessment 
     and established a collaborative partnership with local 
     service providers, and (3) if funds are not reasonably 
     available from other public or private sources, to use Part A 
     funds as a last resort in providing health, nutrition, and 
     other social services; the House bill creates a separate 
     authority under Title X of ESEA which allows LEAs to use up 
     to 5% of other ESEA program funds for coordinated services 
     activities (see the house Title X side-by-side).
       The House recedes with amendments inserting ``a portion of 
     the'' before ``funds'' in (1) and ``necessary to assist'' 
     before for teachers in (1)(C).
       326. The Senate amendment requires targeted assistance 
     schools to use not less than 10% of their Title I funds to 
     carry out professional development activities except that a 
     school may enter into consortia, and the 10% set-aside 
     requirement shall not apply to a school if 10% of the funds 
     the school receives is equal to less than $5,000; the House 
     bill requires targeted assistance programs to provide, with 
     Title I resources and with other sources, opportunities for 
     intensive and sustained professional development (in 
     accordance with section 1119) for administrators and for 
     teachers and other school staff who work with participating 
     children in title I programs or in the regular education 
     program.
       The House recedes with an amendment.
     School Choice
       327. The House bill, but not the Senate amendment, allows 
     LEAs receiving Part A funds, after developing a plan, to 
     develop and implement school choice programs for children 
     eligible for Title I assistance which allow parents to select 
     the public school receiving Title I funding that their 
     children will attend.
       The Senate recedes with amendments striking ``other 
     Federal''; adding a provision that both the sending school 
     and receiving school need to be in agreement on allowing the 
     child to transfer schools; adding a provision that funds may 
     not be used under this part to provide transportation; and 
     adding a provision that the choice program must comply with 
     all provisions of this part.
     Assessment and School and Local Educational Agency 
         Improvement
       328. The House bill provides that local educational 
     agencies use state assessments to review annually whether 
     schools served under this part are making adequate progress, 
     as defined in section 1111(b)(2)(A)(i) or section 1112(b)(2) 
     toward enabling students to meet the state's performance 
     standards; the Senate amendment contains a similar provision 
     with adequate progress defined in section 1111(b)(2)(A)(i) 
     for meeting the ``State's student performance standards 
     described in the State plan'' and other technical 
     differences.
       The House recedes.
       329. The House bill refers to ``measures''; the Senate 
     amendment refers to ``measures or indicators''.
       The House recedes.
       330. The House bill provides that local educational 
     agencies disseminate to teachers and others the results of 
     the annual review under paragraphs (1) and (2) in individual 
     student profiles; the Senate amendment contains a similar 
     provision adding ``other staff'' to the list of those the 
     information is to be provided and a different cross 
     reference.
       The House recedes with an amendment clarifying that the 
     data provided should be statistically sound and 
     disaggregated.
       331. The House bill provides that the results of the annual 
     review be given to schools so they can refine their program 
     of instruction to help all children in such schools to meet 
     the State's high performance standards; the Senate amendment 
     provides that the review be given to schools so that ``local 
     educational agencies'' can refine the program to help all 
     children ``served under this part'' meet the State's 
     ``student performance standards'' and other drafting 
     differences.
       The House recedes with an amendment striking ``the local 
     educational agency'' and inserting ``schools''.
       332. The House bill, but not the Senate amendment, provides 
     that state educational agencies and local educational 
     agencies receiving funds shall designate distinguished 
     schools in accordance with section 1117.
       The Senate recedes.
       333. The Senate amendment, but not the House bill, includes 
     a paragraph heading ``In General''.
       Legislative counsel.
       334. Both the House bill and Senate amendment shall 
     identify for program improvement any school that has been in 
     school improvement for at least two consecutive years with 
     drafting difference and two different cross references to 
     current law of which only one can be correct.
       Legislative counsel.
       335. The House bill refers to schools that have not made 
     adequate progress as defined in sections 111(b)(2)(A)(i) or 
     1112(b) Technical difference only (2), as appropriate for two 
     years; the Senate amendment refers to adequate progress as 
     defined in section 1111(b)(2)(A)(i).
       The House recedes.
       336. Both the House bill and the Senate amendment provide 
     that a school not be identified for school improvement if 
     virtually all students meet the State's advanced performance 
     standards with technical differences.
       The House recedes.
       337. The Senate amendment, but not the House bill, refers 
     to in the case of a targeted assistance program, such school 
     may be reviewed only on the progress of those students that 
     have been, are, or will be served under this part.
       The House recedes with an amendment clarifying a reference 
     to targeted assistance schools.
       338. Both the House bill and the Senate amendment refer to 
     a school that has failed to meet the criteria established 
     through its interim procedure for two consecutive years with 
     minor technical differences.
       Legislative counsel, including a reference to transitional 
     assessment.
       339. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``Requirements''.
       Legislative counsel.
       340. The House bill provides that each school revise ``its 
     school plan under section 1114 or 1115'' in consultation with 
     certain groups including for schoolwide programs school 
     support teams, to improve performance in meeting the state's 
     performance standards; the Senate amendment provides that the 
     school ``develop or'' revise ``a school plan'' to meet the 
     ``state's student performance standards''.
       The House recedes.
       341. The House bill, but not the Senate amendment, says 
     that the school plan be reviewed in the context of the 
     State's model opportunity-to-learn standards.
       The Senate recedes with an amendment striking ``including'' 
     and inserting in lieu thereof ``which may include''.
       342. The House bill provides that the revised plan be 
     submitted to the local educational agency for approval; the 
     Senate amendment provides that ``the plan'' be submitted to 
     the local educational agency for approval.
       The House recedes with an amendment inserting ``or revised 
     plan'' after ``plan''.
       343. Both the House bill and Senate amendment provide that 
     schools have the opportunity to provide evidence to the local 
     educational agency before being identified for program 
     improvement with technical differences.
       Legislative counsel.
       344. The House bill refers to ``its identification''; the 
     Senate amendment refers to ``such identification.''
       Legislative counsel.
       345. The House bill refers to ``would be in error''; the 
     Senate amendment refers to ``is in error.''
       House recedes with amendment to add ``due to statistical or 
     other reasons'' after ``is in error''.
       346. The House bill refers to ``it may''; the Senate bill 
     refers to ``such school may.''
       Legislative counsel.
       347. The House bill says the school shall implement its 
     revised plan; the Senate amendment says the school shall 
     implement such school's plan.
       The House recedes with an amendment inserting ``or revised 
     plan'' at the end of (B).
       348. The House bill says the local educational agency shall 
     make technical assistance available as identified schools 
     determine why their plan failed to bring about increased 
     achievement and develop and implement revised plans; the 
     Senate amendment says that technical assistance be provided 
     to identified schools as the school develops and implement's 
     such school's plan and has a subparagraph heading.
       The House recedes with an amendment adding ``or revised 
     plan''
       349. The House bill, but not the Senate amendment, says 
     that technical assistance may be provided directly by local 
     educational agencies, through mechanisms authorized under 
     section 1117, or by an institution of higher education, a 
     private nonprofit, an educational service agency, federal 
     technical assistance centers, or by other entities with 
     experience in helping school improve achievement.
       The Senate recedes incorporating this provision into 
     paragraph (3) of the Senate provision and other provisions 
     from the House bill concerning illustrating types of 
     technical assistance, but adds ``with LEA approval'' before 
     ``by an institution.''
       350. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``Corrective Action.''
       Legislative counsel.
       351. The House bill, but not the Senate amendment, says 
     that technical assistance and other remedial measures be 
     provided before corrective action is taken.
       The Senate recedes.
       352. The House bill provides that corrective actions are 
     those listed in the local educational agency plan and adopted 
     in compliance with state law; the Senate amendment provides 
     that corrective actions are those, consistent with State and 
     local law, determined and made public and disseminated by the 
     local educational agency.
       The House recedes.
       353. The House bill, but not the Senate amendment, says 
     corrective action may include implementing the State's model 
     opportunity-to-learn standards.
       The Senate recedes with an amendment: ``opportunity to 
     learn standards or strategies developed by such State under 
     Public Law 103-227''.
       354. The House bill refers to alternative governance 
     arrangements such as the creation of a ``charter school''; 
     the Senate amendment includes the creation of a ``public 
     charter school'' (subclause VII).
       The House recedes.
       355. The House bill refers to authorizing student transfers 
     to other schools in the local educational agency including 
     ``paying for transportation''; the Senate amendment refers to 
     ``including transportation costs'', and to ``other public 
     schools served by the local educational agency'' (subclause 
     IX).
       The House recedes.
       356. The Senate amendment, but not the House bill, provides 
     that corrective action may include withholding funds.
       The House recedes.
       357. The Senate amendment, but not the House bill, provides 
     that corrective action may include ``an aggressive joint plan 
     between the LEA and the school.''
       The House recedes with an amendment moving the provision to 
     the technical assistance part of this section and deleting 
     ``aggressive''.
       358. The Senate amendment, but not the House bill provides 
     that a corrective action can include interagency 
     collaborative agreements.
       The House recedes.
       359. The Senate amendment, but not the House bill, provides 
     that a corrective action can include waivers or modifications 
     of LEA policy or regulations.
       The House recedes with an amendment moving the provision to 
     the technical assistance part of this section, but it is not 
     the conferees' intent that local education agencies be 
     precluded from waiving or modifying requirements of local 
     education agency policy or regulation as a corrective action 
     if it impedes the ability of a school to educate students.
       360. Both the House bill and the Senate amendment refer to 
     terminating schoolwide status but with minor technical 
     differences.
       Legislative counsel.
       361. The Senate amendment, but not the House bill, provides 
     that certain corrective actions shall not be taken until the 
     state has developed assessments that meet the requirements of 
     section 1111(b).
       The House recedes.
       362. The Senate amendment, but not the House bill, provides 
     that the local educational agency may refrain from corrective 
     action in certain circumstances.
       The House recedes with an amendment inserting ``for one 
     additional year'' before ``to the extent' and striking text, 
     beginning with ``such as'' through the end of the sentence, 
     and inserting ``as determined by the LEA.''
       363. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``State Educational Agency 
     Responsibilities.''
       Legislative counsel.
       364. The House bill refers to technical assistance under 
     section 1117 and the State's standards; the Senate amendment 
     refers to assistance from school support teams and 
     distinguished educators under section 1119 and the State's 
     student performance standards with other technical 
     differences.
       The Senate recedes with an amendment changing ``furthest'' 
     to ``farthest'' and inserting ``student performance'' before 
     ``standards''.
       365. The House bill refers to take corrective action which 
     may include actions in compliance with state law to withhold 
     or transfer funds and authority from schools that are failing 
     to make adequate progress; the Senate amendment refers to 
     ``take such corrective action as the State educational agency 
     deems appropriate'' with other technical drafting 
     differences.
       The House recedes with an amendment adding at the end ``and 
     which are in compliance with State law''.
       366. The Senate amendment, but not the House bill, has a 
     paragraph heading.
       Legislative counsel.
       367. The House bill refers to ``performance standards''; 
     the Senate amendment refers to ``levels of performance.''
       The House recedes.
       368. The House provides that the state educational agency 
     annually review the progress of each local educational agency 
     receiving funds to determine whether all students in schools 
     receiving assistance are making adequate progress as defined 
     in sections 1111(b)(2)(A)(ii) or 1112(b)(2) toward meeting 
     state performance standards; the Senate amendment has a 
     paragraph heading and provides that the state educational 
     agency determine whether the local educational agency is 
     making adequate progress as defined in sec. 1111(b)(2)(A)(ii) 
     toward meeting the State's student performance standards.
       The Senate recedes with an amendment striking ``all 
     students in''; and reference to section 1112(b)(2).
       369. The House bill requires the SEA to disseminate the 
     results of the State review to teachers, parents, students, 
     and the community; the Senate amendment requires 
     dissemination to LEAs, teachers, and other staff, parents, 
     students, and the community.
       The House recedes.
       370. The House bill refers to local educational agencies 
     with a school or schools receiving assistance under this part 
     which have exceeded the State's definition of adequate 
     progress as defined by the State or local educational agency, 
     as appropriate; the Senate amendment has a paragraph heading 
     and refers to a local educational agency that has met or 
     exceeded the State's definition of adequate progress.
       The House recedes. It is not the intent of the managers to 
     reward local educational agencies that are, in the aggregate 
     doing well, but that have a number of individual schools that 
     are not.
       371. The House bill provides that the State agency shall 
     identify for program improvement any local educational agency 
     that for two consecutive years has a school or schools 
     receiving assistance under this part that are not making 
     adequate progress towards meeting the Senate performance 
     standards; the Senate amendment has a subparagraph heading 
     and provides that the State educational agency shall identify 
     local educational agencies not making adequate progress in 
     schools served under this part toward meeting the State's 
     student performance standards.
       The House recedes.
       372. The Senate amendment, but not the House bill, provides 
     that schools served by the local educational agency that are 
     operating targeted assistance programs may be reviewed on the 
     basis of the progress only of those students reserved.
       The House recedes with amendment changing the wording from 
     ``not operating schoolwide programs'' to ``operating targeted 
     assistance programs''.
       373. The House bill refers to ``its interim procedure;'' 
     the Senate amendment refers to ``its transitional procedure'' 
     with different cross references.
       The House recedes.
       374. The Senate amendment, but not the House bill, says 
     that the local educational agency be provided the opportunity 
     to provide evidence that identification for program 
     improvement is in error.
       The House recedes with amendment including ``due to 
     statistical or other substantive reasons''.
       375. The House bill provides that an identified local 
     educational agency revise its plan to improve the performance 
     of its schools in meeting the State's performance standards; 
     the Senate amendment has a paragraph heading and provides 
     that the revision improve the performance of ``schools served 
     by the local educational agency'' in meeting the state's 
     ``student'' performance standards.
       The House recedes with an amendment inserting at the end of 
     paragraph (4) ``including determining why the local 
     educational agency's plan failed to bring about increased 
     achievement''.
       376. The House bill, but not the Senate amendment, provides 
     that the plan be reviewed in the context of the State's model 
     opportunity-to-learn standards and that the plan be submitted 
     to the state educational agency for approval.
       The Senate recedes with an amendment striking ``including'' 
     and inserting in lieu thereof `'which may include''.
       377. The House bill, but not the Senate amendment, provides 
     that the State educational agency determine why the local 
     educational agency plan failed to bring about increased 
     achievement.
       The House recedes.
       378. The House bill refers to technical assistance, if 
     requested, as authorized under section 1117 to better enable 
     the LEA to develop and implement its revised plan; the Senate 
     amendment has a paragraph heading and refers to technical 
     assistance be provided to better enable the LEA to develop 
     and implement the local educational agency's revised plan.
       The Senate recedes.
       379. The House bill provides that technical assistance 
     under section 1117 (which provides for school support teams 
     and distinguished schools and educators) be provided to local 
     educational agencies furthest from meeting the state's 
     standards; the Senate amendment provides that assistance be 
     provided from school support teams and distinguished 
     educators under section 1119.
       The Senate recedes with an amendment changing ``furthest'' 
     to ``farthest'' and inserting related matter from another 
     part of the bill.
       380. The House bill, but not the Senate amendment, states 
     that technical assistance may be provided directly by the 
     state educational agency directly, and institution of higher 
     education, a private nonprofit, a technical assistance 
     center, an educational service agency, or other entity with 
     experience in assisting local educational agencies improve 
     achievement.
       The Senate recedes.
       381. The Senate amendment, but not the House bill, has a 
     paragraph heading.
       Legislative counsel.
       382. The House bill, but not the Senate amendment, requires 
     that technical assistance and other remediation measures be 
     provided before a state educational agency takes corrective 
     action against a local educational agency.
       The Senate recedes.
       383. The House bill refers to corrective actions listed in 
     the State educational agency plan adopted in compliance with 
     State law; the Senate amendment refers to those, consistent 
     with State law, determined and made public and disseminated 
     by the State educational agency.
       The House recedes. The conferees intend the type of 
     corrective action to be a state decision and do not intend 
     this list to be exhaustive. It is also the conferees' intent 
     that the Secretary may not take any adverse action against an 
     SEA based on the specific type of corrective action it elects 
     to undertake, unless it is inconsistent with state law.
       384. The House bill, but not the Senate amendment, includes 
     implementing the State's model opportunity-to-learn standards 
     in its list of examples of corrective actions.
       The Senate recedes with an amendment: ``opportunity to 
     learn standards or strategies developed by such State under 
     Public Law 103-227''.
       385. The House bill refers to ``reconstitution of district 
     personnel.'' The Senate amendment refers to ``reconstitution 
     of school district personnel (subclause V).
       Legislative counsel.
       386. The House bill refers to appointment by the State 
     educational agency of a receiver or trustee to administer the 
     affairs of the local educational agency in place of the 
     superintendent or school board; the Senate bill refers to 
     appointment by the State educational agency of a 
     representative to implement, in conjunction with the local 
     educational agency, a program improvement plan (VI).
       The Senate recedes.
       387. The House bill, but not the Senate amendment, refers 
     to the abolition or restructuring of the local educational 
     agency.
       The Senate recedes.
       388. The Senate amendment, but not the House bill, refers 
     to withholding of funds and an aggressive joint plan between 
     the state and local educational agency that addresses student 
     performance levels.
       The House recedes with an amendment deleting 
     ``aggressive''.
       389. The Senate amendment, but not the House bill, refers 
     to interagency collaborative agreements between the local 
     educational agency and other public agencies to provide, 
     health, pupil services, and other social services.
       The House recedes with an amendment to move the language to 
     the technical assistance section but it is not the conferees' 
     intent that state education agencies be precluded from 
     establishing interagency or collaborative agreements or from 
     undertaking this activity in the course of taking corrective 
     actions.
       390. The Senate amendment, but not the House bill, refers 
     to waivers or modifications of State law or regulation that 
     impede the ability of a local educational agency to educate 
     students.
       The House recedes with amendment to move the language to 
     the technical assistance section but it is not the conferees' 
     intent that state education agencies be precluded from 
     undertaking this activity in the course of taking corrective 
     actions.
       391. The House bill refers to removal of particular schools 
     from the jurisdiction of the local educational agency and 
     establishment of alternative arrangements for governing and 
     supervising such schools; the Senate amendment has a similar 
     provision and refers to ``public governance and supervision 
     of such schools, including contracts with private management 
     companies''.
       The Senate recedes with an amendment striking ``governing 
     and supervising'' and inserting ``public governance and 
     supervision''.
       392. The House bill refers to authorizing of students to 
     transfer from 1 local educational agency to another; the 
     Senate amendment refers to authorizing students to transfer 
     to another public school including the cost of 
     transportation.
       The Senate recedes.
       393. The Senate amendment, but not the House bill, refers 
     to contracting out the management of troubled schools to 
     private management firms.
       The Senate recedes.
       394. The Senate amendment, but not the House bill, says 
     corrective action shall not include certain actions until the 
     State has developed assessments that meet the requirements of 
     paragraph (3)(e).
       The House recedes.
       395. The Senate amendment, but not the House bill, says 
     that prior to implementing any corrective action, the State 
     educational agency shall provide due process, including a 
     hearing to an LEA and may refrain from such corrective action 
     to the extent that failure to make progress can be attributed 
     to extenuating circumstances.
       The House recedes with amendment adding ``if State law 
     provides,'' and modifying the last part to read ``as 
     determined by the State educational agency.''
       396. The Senate amendment, but not the House bill, has a 
     paragraph heading.
       Legislative counsel.
       397. The House bill establishes a process for determining 
     the amount a State shall be eligible to receive, except that 
     each state shall receive at least $180,000 or $30,000 in the 
     case of Guam, American Samoa, the Virgin Islands, the 
     Northern Marianas, and Palau (until the Compact of Free 
     Association goes into effect.) The Senate amendment, in 
     section 1702, provides for a set-aside of funds for States, 
     with separate requirements for small States and outlying 
     areas.
       The Senate recedes with an amendment striking ``under such 
     sections'' through the end of the provision and inserting 
     ``and outlying areas'' in lieu thereof.
       398. The Senate amendment, but not the House bill, permits 
     the Secretary to deem an alternative accountability system as 
     meeting the requirements of this section if a State has 
     developed such a system for all children that is as rigorous 
     as the system required by this section.
       The Senate recedes.
       399. The Senate amendment, but not the House bill, says 
     nothing in this section shall be construed to alter or 
     otherwise affect the rights afforded school or school 
     district employees under federal, state, or local laws or 
     under the terms of collective bargaining agreements and other 
     agreements.
       The House recedes.
     State Assistance for School Support and Improvement
       400. Both the House bill and Senate amendment say that 
     state educational agencies shall establish a statewide system 
     of support and improvement for schools under this title. The 
     House bill refers to ``all schoolwide programs and all 
     schools'', the Senate amendment refers to schoolwide programs 
     and schools.
       The Senate recedes.
       401. The House bill, but not the Senate amendment, states 
     that the sustained support should be established in order to 
     increase the opportunity for all students in such schools to 
     meet the State's content and performance standards.
       The Senate recedes.
       402. The House bill says funds appropriated pursuant to 
     section 1002(6) shall be used for this section and funds 
     under section 1002(1) and other funds may be used to met such 
     requirement; the Senate amendment says state administration 
     funds and at the discretion of the local educational agency, 
     local educational agency funds under this part may support 
     school support teams.
       The Senate recedes with an amendment striking ``and 
     notwithstanding section 1002(1)'' and ``or local'' and 
     inserting ``State administrative'' before ``funds'', and 
     adding at the end ``a local educational agency may use funds 
     made available under section 1002(1) and other available 
     funds to meet such requirements.''
       403. The House bill, but not the Senate amendment, requires 
     that the statewide system be linked to and receive support 
     and assistance from regional technical assistance centers 
     under Part D of Title II and the regional labs.
       The Senate recedes with an amendment striking be linked 
     to'' and inserting ``work with''.
       404. The House bill entitles the subsection Provisions; the 
     Senate amendment entitles the subsection Components and has 
     other minor drafting differences.
       Legislative counsel.
       405. The House bill refers to ``consultation with local 
     educational agencies'', ``to each schoolwide program and to 
     assist such program in providing an opportunity to all 
     students to meet the State's performance standards''; the 
     Senate amendment refers to ``consultation with local 
     educational agencies and schools'', ``to schoolwide programs 
     or a school in which the number of poor students is 75 
     percent or more of the total student population and such 
     school is identified in need of improvement''.
       The House recedes with amendment inserting a new paragraph 
     providing for assistance to high-poverty targeted assistance 
     programs and other programs if sufficient funds are 
     available.
       406. The House bill says the teams be composed of 
     individuals with experience in successfully improving the 
     educational opportunities for low-achieving students, 
     especially individuals identified in paragraph (3): the 
     Senate amendment says each team be composed of persons, 
     including teachers, pupil services personnel, representatives 
     of organizations knowledgeable about successful schoolwide 
     projects or comprehensive school reform.
       The House recedes with an amendment combining the House and 
     Senate provisions.
       407. the House bill refers to individuals knowledgeable 
     about research and practice on teaching and learning, 
     including alternative and applied learning, especially for 
     low achieving students; the Senate amendment refers to 
     ``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 education laboratories or research 
     centers, and outside consultant groups.
       The House recedes with an amendment changing ``eligible 
     children'' to ``low-achieving students'', and adding at the 
     end ``and individuals knowledgeable about alternative and 
     applied learning''. Also add ``including alternative and 
     applied learning'' after ``teaching and learning''.
       408. The House bill says the school support team shall work 
     with each school as it develops its schoolwide program plan; 
     the Senate amendment says the team shall work cooperatively 
     with each school and make recommendations as the school 
     develops its schoolwide program plan or school improvement 
     plan.
       The House recedes.
       409. The House bill refers to during the operation of the 
     schoolwide programs; the Senate amendment refers to during 
     the operation of the schoolwide program or during school 
     improvement activities.
       The House recedes.
       410. The House bill refers to the State's performance 
     standards; the Senate amendment refers to the States 
     performance standards under this part.
       The House recedes.
       411. The House bill refers to make suggestions for 
     improvement; the Senate amendment refers to make 
     recommendations for improvement.
       The House recedes.
       412. Both the House bill and Senate amendment refer to 
     designating schools as distinguished schools if for three 
     years they have exceeded the State's definition of adequate 
     progress with minor technical differences and different cite 
     references.
       Legislative counsel.
       413. The House bill refers to any school in which virtually 
     all students have met the State's advanced performance 
     standards; the Senate amendment refers to any school in which 
     almost every student has met the State's advanced level of 
     performance.
       The Senate recedes.
       414. The House bill, but not the Senate amendment, refers 
     to and in which equity in participation and achievement of 
     students by sex has been achieved or significantly improved.
       The Senate recedes.
       415. The House bill, in subparagraph (B), refers to schools 
     designated under this paragraph; the Senate amendment refers 
     to schools designated as distinguished schools under 
     subparagraph (A).
       The Senate recedes.
       416. The House bill refers to provide support for other 
     schools; the Senate amendment refers to provide additional 
     assistance to other schools served under this part.
       The Senate recedes.
       417. The House bill refers to assist such schools in 
     meeting the State's performance standards; the Senate 
     amendment refers to that are not making adequate progress.
       The Senate recedes with an amendment inserting ``student'' 
     and ``school''.
       418. The House bill refers to ``schools in program 
     improvement''; the Senate amendment refers to ``schools in 
     school improvement''.
       The House recedes.
       419. The House bill says that states shall use funds under 
     1002(6) to allow schools to carry out the activities 
     described in subparagraph (B); the Senate amendment says a 
     state shall use funds under section 1701(c) (State funds for 
     school improvement should be section 1702) to recognize 
     distinguished schools including monetary awards.
       The Senate recedes.
       420. The House bill says the state may use such funds to 
     provide awards to schools; the Senate amendment says funds 
     awarded to a distinguished school may be used by the school 
     and has other technical differences.
       The Senate recedes.
       421. The House bill refers to schoolwide programs; the 
     Senate amendment refers to schools participating in 
     schoolwide programs and has a different cross reference.
       Legislative counsel.
       422. The House bill refers to meeting the State's 
     performance standards; the Senate amendment refers to the 
     State's student performance standards.
       The House recedes.
       423. The House bill refers to agencies furthest from 
     meeting the State's standards and schoolwide programs as 
     they; the Senate amendment refers to agencies furthest from 
     meeting the State's student performance standards and to 
     schoolwide programs as such programs.
       The House recedes with an amendment changing ``furthest'' 
     to ``farthest''.
       424. The House bill refers to funds under section 1002(6); 
     the Senate amendment refers to funds made available under 
     section 1701(c) and has a subsection heading.
       Legislative counsel.
       425. The House bill says if a state has devised; the Senate 
     amendment says the State may devise and has a paragraph 
     heading and a different subsection reference.
       The House recedes.
       426. The House bill says the State may seek approval from 
     the Secretary to use funds authorized in section 1002(6) for 
     such approaches as part of the State plan; the Senate 
     amendment says and may use funds authorized in section 
     1701(c) for such approaches.
       The Senate recedes with amendment changing the beginning of 
     the first sentence to read ``The State may devise'' and 
     striking ``alternative or''.
       427. The Senate amendment, but not the House bill, says 
     that paragraphs (1) and (3) shall not apply to a state 
     educational agency if it determines that a local educational 
     agency or school is receiving adequate technical assistance 
     from another source.
       The Senate recedes.
     Parental Involvement Provisions
       428. The House bill, but not the Senate amendment, refers 
     to ``(a) In General.--A local educational agency may receive 
     funds under this part only if it implements programs, 
     activities, and procedures, for the involvement of parents 
     and that the activities shall be planned and implemented with 
     meaningful consultation with parents of participating 
     children''.
       The Senate recedes with an amendment adding ``consistent 
     with the provisions of this section'' after ``title''.
       429. The House bill refers to ``(a) In General.----;'' the 
     Senate amendment refers to ``(a) Local Educational Agency 
     Policy.--(1) In General''
       Legislative counsel.
       430. The House bill refers to ``(b) Local Educational 
     Agency Policy.''; the Senate amendment refers to ``(a) Local 
     Educational Agency Policy--''.
       Legislative counsel.
       431. The House bill refers to ``and make available to''; 
     the Senate amendment refers to ``and distribute to'' when 
     referring to a written parent involvement policy.
       The House recedes.
       432. The House bill refers to ``involve parents in the 
     development of the plan''; the Senate amendment refers to 
     ``involve parents in the joint development and approval of 
     the plan''.
       The House recedes with amendment striking ``joint'' and 
     ``approval'' and inserting a new (a)(3): ``If the plan 
     described under section 1112 is not satisfactory to the 
     parents of participating children, the local educational 
     agency shall submit any parent comments on the plan when it 
     submits such plan to the state for approval.''
       433. The House bill refers to ``coordinate and integrate 
     parental involvement strategies with parental involvement in 
     other programs including Head Start, Even Start, Parents as 
     Teachers and State-run preschool programs''; the Senate 
     amendment indicates that the plan must ``coordinate and 
     integrate parent involvement strategies with those under 
     other programs.''
       The Senate recedes with an amendment changing ``including'' 
     to ``such as'' and inserting ``Home Instruction Program for 
     Preschool Youth''.
       434. The House bill requires that the plan must show how 
     the local educational agency will conduct an annual 
     evaluation of the content and effectiveness of the parental 
     involvement policy with the involvement of parents in 
     increasing the participation of parents to identify barriers 
     to greater participation by parents. The House bill also 
     requires that the plan must show how the local edcuational 
     agency gives particular attention to parents who are 
     economically disadvantaged, disabled, have limited-English 
     proficiency, limited literacy, or are of any racial or ethnic 
     minority background and use the findings in designing 
     strategies for school improvement.
       The Senate amendment ensures 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, disabled, have limited literacy, 
     have limited-English proficiency, or are from any racial or 
     ethnic minority background; and (iii) use the findings of 
     such review in designing strategies for school improvement 
     and revising the parent involvement policies, if necessary.
       The Senate recedes with amendment inserting after 
     ``improvement'' the phrase ``revising, if necessary, the 
     parent involvement policies described in this subsection and 
     subsection (b)(1).
       435. The House bill, but not the Senate amendment, requires 
     that each local educational agency shall reserve, not less 
     than 1 percent under this part, for the purposes of carrying 
     out this section, including family literacy and parenting 
     skills.
       The Senate recedes with an amendment adding that where the 
     1% set-aside would be equal to less than $5,000, the 
     requirement does not apply and that parents will be involved 
     in determining how these funds are spent.
       436. The House bill refers to a ``School Parental 
     Involvement Plan--''; the Senate amendment refer to a 
     ``School Parental Involvement Policy--''.
       Legislative counsel.
       437. The House bill uses ``make available to'' parents of 
     participating children and also uses ``parental'' in stead of 
     parent in some places. The Senate amendment uses ``and 
     distribute to'' parents of participating children''. The 
     Senate amendment also refers to ``Such policy shall be 
     updated periodically to meet the changing needs of parents 
     and the school''.
       The House recedes.
       438. The House bill refers to ``If the local educational 
     agency has an agency-wide parental involvement policy that 
     applies to all parents, it may amend such policy, if 
     necessary, to meet the requirements of this subsection''; the 
     Senate amendment includes similar language under a separate 
     heading: ``(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''.
       Legislative counsel.
       439. The House bill refers to ``If the school has a 
     parental involvement policy that applies to all parents, it 
     may amend such policy, if necessary, to meet the requirements 
     of this subsection''; the Senate amendment includes similar 
     language under a separate heading: ``(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''.
       Legislative counsel.
       440. The House bill refers to ``parent's rights'' to be 
     involved; the Senate amendment refers to ``their''.
       Legislative counsel.
       441. The House bill refers to ``including the development 
     of the school plan under section 1114 or 1115 or if a school 
     has in place a process for involving parents in the planning 
     and design of its programs, the school may use such process, 
     provided that the process includes an adequate representation 
     of parents of participating children''; the Senate amendment 
     refers to ``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''.
       The House recedes with amendment striking ``and the joint 
     development and approval'' and inserting ``and development.'' 
     Also, inserting a new (5): ``If the schoolwide program plan 
     under section 1114(b) is not satisfactory to the parents of 
     participating children, the school shall submit any parent 
     comments together with such plan to the local educational 
     agency'' and adding a new 1116(c)(5): ``If the schoolwide 
     program plan under section 1114(b) is not satisfactory to the 
     parents of participating children, the school shall submit 
     any parent comments when it submits such plan to the local 
     educational agency for approval.''
       442. The House bill refers to ``(B) school performance 
     profiles required under section 1116(a)(2) and individual 
     student assessment results, including an interpretation of 
     such results, required under section 1111(b)(3); the Senate 
     amendment refers to ``(B) school performance profiles 
     required under section 1118(a)(3)''.
       The Senate recedes with an amendment inserting ``their own 
     child's'' before ``assessment results''.
       443. The House bill refers to ``(C) opportunities for 
     regular meetings to formulate suggestions, if such parents so 
     desire''; the Senate amendment refers to ``(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.
       The House recedes.
       444. The House bill refers to ``(D) timely responses to 
     parents' recommendations''; the Senate amendment refers to 
     ``(E) timely responses to the suggestions described in 
     subparagraph (E)''.
       The Senate recedes.
       445. The Senate amendment, but not the House bill, requires 
     a description and explanation of the curriculum in use at the 
     school, the form of assessment used to measure student 
     progress, and the proficiency levels students are expected to 
     meet.
       The House recedes.
       446. Both the House bill and the Senate amendment includes 
     a section on ``Shared Responsibilities for High Student 
     Performance.'' The House bill refers to ``parental 
     involvement plan''; the Senate amendment refers to ``parental 
     involvement policy''.
       Legislative counsel.
       447. The Senate amendment, but not the House bill, includes 
     ``served under this part'' twice.
       The House recedes.
       448. Both the Senate amendment and the House bill describe 
     specific components of the shared responsibilities. The House 
     bill refers to ``State's challenging performance standards'' 
     the Senate amendment refers to ``State's student performance 
     standards.
       The House recedes.
       449. The House bill refers to ``his or her children's 
     learning''; the Senate amendment refers to ``their children's 
     learning''.
       Legislative counsel.
       450. The House bill refers to ``including monitoring 
     attendance''; the Senate amendment refers to ``such as 
     monitoring attendance'':
       The House recedes.
       451. The Senate amendment, but not the House bill, includes 
     ``served under this part''.
       The House recedes.
       452. The House bill refers to ``as it relates'' when 
     referring to individual child's achievement; the Senate 
     amendment refers to ``as the compact relates''.
       Legislative counsel.
       453. The House bill, requires reasonable access to staff 
     and observation of classroom activities''; the Senate 
     amendment refers to ``reasonable access to staff, 
     opportunities to volunteer and participate in their child's 
     class, and observation of classroom activities''.
       The House recedes.
       454. The House bill places ``shall'' in each sentence in 
     the text of ``Building Capacity for Involvement''; the Senate 
     amendment places one ``shall'' which refers to the other 
     items listed, at the end of the beginning paragraph.
       The Senate recedes.
       455. The House bill refers to ``the State's content and 
     performance standards''; the Senate amendment refers to ``the 
     State's content standards and State student performance 
     standards''.
       The House recedes.
       456. The House bill, but not the Senate amendment, includes 
     ``opportunity-to-learn standards''.
       The Senate recedes with an amendment striking ``opportunity 
     to learn standards'' and inserting in lieu thereof ``the 
     provisions of section 1111 of the State plan.''
       457. The House bill refers to ``a child's progress''; the 
     Senate amendment refers to ``their children's progress''.
       Legislative counsel.
       458. The Senate amendment, but not the House bill, includes 
     ``as well as information on how parents can participate in 
     decisions relating to the education of their children''.
       The House recedes with an amendment adding ``shall'' before 
     ``provide''.
       459. Both the House bill and Senate amendment includes a 
     list of requirements for each school and local educational 
     agency for building capacity for involvement. A number of the 
     activities are similar in concept, but uses different 
     language. The House bill includes materials and training 
     including coordinating necessary literacy training and 
     training to enable parents to work more effectively with 
     teachers, schools and the school system; and in the case of a 
     school using funds under this part to operate a preschool 
     program, opportunities for parents to learn about child 
     development and child rearing issues beginning at birth.
       The Senate recedes.
       The House bill further includes activities for building 
     capacity for involvement such as educating teachers, 
     principals and other staff in the value of contributions to 
     parents; developing appropriate roles for community-based 
     organizations and businesses in parent involvement 
     activities; requiring that information be sent to the 
     parents' homes; involving parents in the development of 
     training for educators; may provide necessary literacy 
     training; may pay reasonable and necessary expenses 
     associated with local parental involvement activities; may 
     coordinate and integrate parent involvement programs and 
     activities with other programs; training and supporting 
     parents to involve other parents; arranging meetings at a 
     variety of times in order to maximize the attendance of 
     parents; conducting in-home conferences with parents; and may 
     adopt and implement model approaches to improving parental 
     involvement such as Even Start.
       The House recedes with amendment striking ``with'' and 
     inserting ``such as'' before ``Head Start.''
       The Senate amendment also includes a list of activities for 
     building capacity for involvement. The Senate amendment 
     provides for materials and training, such as necessary 
     literacy training that is not otherwise available from other 
     sources to help parents work with their children; with the 
     assistance of parents, educating educators about the value 
     and utility of contributions of parents; coordinating and 
     integrating parental involvement with other Federal programs, 
     to the extent feasible; as appropriate and feasible, other 
     activities, such as parent resource centers; and providing 
     other reasonable support for parental involvement activities 
     as parents may request.
       The Senate recedes with an amendment combining the 
     provisions and inserting ``Part A before Title II of this 
     Act.''
       460. The House bill refers to ``ensure that parents of 
     limited-English proficient children or disabled children be 
     afforded the same access to parental involvement 
     opportunities as their children are afforded to other 
     programs funded under this part, including the provision of 
     information in a language and form that the parents of such 
     children can understand.''; the Senate amendment refers to 
     ``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.''
       The House recedes.
       461. The Senate amendment, but not the House bill, includes 
     a Parental Information and Resource Centers provision which 
     requires specific information for parents from the Centers in 
     States where such Centers have been established.
       The House recedes.
     Professional Development
       462. The House bill requires, in a separate section, LEAs 
     receiving Title I assistance to provide high-quality 
     professional development that will improve the teaching of 
     the core academic subjects to enable all children to meet the 
     State's performance standards, and requires that the 
     professional development activities be designed by teachers 
     and other school staff in title I schools; the Senate 
     amendment requires schools receiving assistance to set-aside 
     10% of their Title I funds for professional development (see 
     notes 219 and 307) and (1) requires, under the schoolwide 
     program section, schoolwide schools to provide ongoing 
     professional development for teachers, pupil services 
     personnel, parents, principals, and other staff to enable all 
     children in the school to meet the State performance 
     standards, and requires that the activities be jointly 
     developed by the principals, teachers, and other school staff 
     of each school, and (2) requires, under the targeted 
     assistance program section, that targeted assistance schools 
     provide opportunities for ongoing professional development to 
     the extent the school determines feasible with Title I 
     resources and other resources for administrators, teachers, 
     and other school staff who work with participating children 
     in targeted assistance programs or in the regular education 
     program. (See notes 235 and 291).
       The Senate recedes on having a separate section, and on the 
     10% set-aside, and with an amendment adding ``principals'' 
     before ``teachers'' in paragraph (2), striking ``sustained'' 
     in paragraph (1).
       463. The House bill, but not the Senate amendment, requires 
     that professional development activities support 
     instructional practices that are geared to State content 
     standards.
       The Senate recedes.
       464. The House bill, but not the Senate amendment, requires 
     that professional development activities create a school 
     environment conducive to high achievement in the core 
     academic subjects, and support LEA plans, schoolwide plans, 
     and targeted assistance plans.
       The Senate recedes with amendment striking reference to 
     section 1114 (targeted assistance). The Senate recedes with 
     an amendment striking ``recent''; inserting ``where 
     possible'' after ``learning''; striking ``are of sufficient 
     intensity and duration to'' and inserting ``are designed 
     to''; changing ``are part of the everyday activities of the 
     school and creates and orientation toward'' to ``contribute 
     to''; and changing ``assist'' to ``provide technical 
     assistance''.
       465. The House bill, but not the Senate amendment, requires 
     that professional development activities draw on resources 
     available under this part, Goals 2000, and Title II.
       The Senate recedes.
       466. The House bill, but not the Senate amendment, requires 
     that professional development activities, where appropriate, 
     include strategies for developing curricula and teaching 
     methods that integrate academic and vocational instruction.
       The Senate recedes with an amendment ``where determined 
     appropriated by the local educational agency''.
       467. The House bill, but not the Senate amendment, requires 
     that professional development activities include strategies 
     for identifying and eliminating gender and racial bias in 
     instructional materials, methods, and practices.
       The Senate recedes.
       468. The House bill, but not the Senate amendment, allows 
     professional development activities to include instruction in 
     the use of assessments.
       The Senate recedes.
       469. The House bill, but not the Senate amendment, allows 
     professional development activities to include instruction in 
     the ways that teachers, principals, and school administrators 
     may work more effectively with parents.
       The Senate recedes with an amendment adding ``pupil 
     services personnel''.
       470. The House bill, but not the Senate amendment, allows 
     professional development activities to include the forming of 
     partnerships with institutions of higher education to 
     establish school-based teacher training programs for 
     prospective teachers and novices to work with experienced 
     teachers and faculty.
       The Senate recedes.
       471. The House bill, but not the Senate amendment, allows 
     professional development activities to include instruction in 
     the use of technology
       The Senate recedes.
       472. The House bill, but not the Senate amendment, allows 
     professional development activities to include the creation 
     of career ladder programs for paraprofessionals.
       The Senate recedes.
       473. The House bill, but not the Senate amendment, allows 
     professional development activities to include instruction in 
     ways to teach special needs children.
       The Senate recedes.
       474. The House bill, but not the Senate amendment, allows 
     professional development activities to include instruction in 
     gender-equitable education methods, techniques, and 
     practices.
       The Senate recedes.
       475. The House bill, but not the Senate amendment, allows 
     professional development activities to include joint 
     professional development activities between Title I and Head 
     Start, Even Start, or State-run preschool program personnel.
       The Senate recedes.
       476. The House bill, but not the Senate amendment, allows 
     professional development activities to include instruction in 
     experiential-based teaching methods such as service learning.
       The Senate recedes.
       477. The House bill, but not the Senate amendment, requires 
     programs to be designed so that all school staff in 
     schoolwide program schools can participate in the 
     professional development activities, or so that all staff in 
     targeted assistance schools may participate in professional 
     development activities if their participation will result in 
     better addressing the needs of Title I students.
       The Senate recedes with an amendment changing the heading 
     to ``PROGRAM PARTICIPATION'' and inserting ``Local 
     educational agencies are encouraged to design program so 
     that''.
       478. The House bill, but not the Senate amendment, allows 
     parents to participate in professional development activities 
     if the school determines that such participation would be 
     appropriate.
       The Senate recedes.
       479. The House bill, but not the Senate amendment, allows 
     LEAs to form consortia to carry out the professional 
     development activities under this part, and lists the 
     entities with whom LEAs can form consortia.
       The Senate recedes.
       480. The House bill, but not the Senate amendment, allows 
     knowledge of effective teaching strategies gained through 
     Title I professional development activities to be shared with 
     teachers who are not participating in schoolwide or targeted 
     assistance programs.
       The Senate recedes with an amendment striking ``schoolwide 
     or''.
       481. The House bill, but not the Senate amendment, allows 
     Title I funds to be combined with Goals 2000 and Eisenhower 
     funds to carry out professional development activities.
       The Senate recedes.
       482. The House bill, but not the Senate amendment, requires 
     the SEA to review LEA plans to determine if the plans meet 
     certain criteria, and requires the SEA to provide assistance 
     to LEAs whose plans do not meet the criteria to enable them 
     to make progress toward the inclusion of the elements in the 
     LEA professional development plan.
       The Senate recedes with an amendment striking ``recent'' in 
     (B); inserting ``where possible'' after ``learning''; 
     striking ``are of sufficient intensity and duration to'' and 
     inserting ``are designed to''; changing ``are part of the 
     everyday activities of the school and creates and orientation 
     toward'' to ``contribute to''; and changing ``assist'' to 
     ``provide technical assistance''.
       483. The House bill requires the LEA to meet certain 
     requirements with regard to instructional aides; the Senate 
     amendment requires schoolwide programs to meet requirements 
     with regard to instructional aides.
       The Senate recedes.
       484. The House bill refers to ``high school diploma, a 
     General Education Development certificate''; the Senate 
     amendment refers to ``secondary school diploma or its 
     recognized equivalent''.
       The Senate recedes.
       485. The House bill refers to ``earn either''; the Senate 
     amendment refers to ``earn such diploma or equivalent''.
       The Senate recedes.
       486. The House bill refers to ``employment''; the Senate 
     amendment refers to ``such employment''.
       The Senate recedes.
       487. The House bill allows a LEA to employ an instructional 
     aide who does not have a high school diploma or GED if the 
     aide possesses proficiency in a language other than English 
     that is needed to enhance the participation of children in 
     Title I programs; the Senate amendment allows schoolwide 
     program schools to employ an instruction aide who does not 
     have a secondary diploma or its equivalent if the aide 
     possesses proficiency in a language other than English that 
     is needed to enhance the participation of children in Title I 
     programs.
       The Senate recedes.
       488. The House bill requires the LEA to meet certain 
     requirements with regard to instructional aides; the Senate 
     amendment, under the targeted assistance program provisions, 
     requires a program which employs instructional aides to 
     ensure that such aides meet certain requirements.
       The Senate recedes.
       489. The House bill refers to ``high school diploma, a 
     General Education Development certificate''; the Senate 
     amendment refers to ``secondary school diploma or its 
     recognized equivalent''.
       The Senate recedes.
       490. The House bill refers to ``earn either''; the Senate 
     amendment refers to ``earn such diploma or equivalent''.
       The Senate recedes.
       491. The House bill refers to ``employment''; the Senate 
     amendment refers to ``such employment''.
       The Senate recedes.
       492. The House bill allows an LEA to employ an 
     instructional aide who does not have a high school diploma or 
     GED if the aide possesses proficiency in a language other 
     than English that is needed to enhance the participation of 
     children in Title I programs; the Senate amendment allows 
     targeted assistance programs, to employ an instructional aide 
     who does not have a secondary diploma or its equivalent if 
     the aide possesses proficiency in a language other than 
     English that is needed to enhance the participation of 
     children in Title I programs.
       The Senate recedes.
       493. The House bill, but not the Senate amendment, requires 
     LEAs receiving Title I assistance to include instructional 
     aides in professional development activities.
       The Senate recedes with an amendment inserting ``where 
     feasible''.
     Participation of Children Enrolled in Private Schools
       494. Both the House bill and Senate amendment provide for 
     services to eligible children enrolled in private schools 
     with a minor drafting difference and paragraph headings in 
     the Senate amendment.
       Legislative counsel.
       495. The House bill, but not the Senate amendment, lists 
     examples of special services to eligible children enrolled in 
     private school such as dual enrollment, educational radio and 
     television, computer equipment and materials, other 
     technology, and mobile educational services and equipment.
       The Senate recedes.
       496. The Senate amendment, but not the House bill, provides 
     that local educational agencies shall consult with private 
     school officials during the design and development of the 
     agency's program, lists examples of topics for consultation, 
     provides for the timing of such consultation and that the 
     consultation shall include a discussion of service delivery 
     mechanisms.
       The House recedes.
       497. The Senate amendment, but not the House bill, includes 
     paragraph headings in the subsection dealing with public 
     control of funds.
       Legislative counsel.
       498. The House bill refers to property purchased with 
     ``such funds''; the Senate amendment refers to property 
     purchased with ``those funds''.
       Legislative counsel.
       499. The Senate amendment, but not the House bill, provides 
     that private school officials provide local educational 
     agencies with the verifiable documentation necessary to 
     determine proportionate allocations.
       The Senate recedes with an amendment inserting a new (E) in 
     subsection (b) ``what is the size and scope of the equitable 
     services to be provided to the eligible private school 
     children, and what is the proportionate allocation amount 
     under subsection (a)(4) on which such services will be 
     based.''
       500. Both the House bill and the Senate amendment require 
     the Secretary to arrange for services for private school 
     children of an LEA fails to provide such services but the 
     reference to the requirements to do this are different.
       Legislative counsel.
       501. The Senate amendment, but not the House bill, includes 
     a paragraph heading.
       Legislative counsel.
       502. Both the House bill and Senate amendment provide for 
     payments for capital expenses with almost identical language, 
     but the Senate amendment also has paragraph headings, and 
     refers to funds ``under this subsection'' and applications 
     ``for assistance under this subsection'' in (2)(B).
       Legislative counsel.
       503. The House bill refers to ``the term capital expenses 
     is limited to''; the Senate amendment refers to ``the term 
     capital expenses means'' and includes a paragraph heading.
       Legislative counsel.
       504. The House bill refers to ``including but not limited 
     to''; the Senate amendment refers to ``including''.
       Legislative counsel.
     Fiscal Requirements
       505. While both bills have the same provisions regarding 
     maintenance of fiscal effort in general, the House bill also 
     requires maintenance of such effort specifically with respect 
     to professional development activities.
       The House recedes.
       506. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``In General''.
       507. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``Special Rule''.
       Legislative counsel.
       508. The House bill refers to ``its compliance''; the 
     Senate amendment refers to ``such agency's compliance''.
       Legislative counsel.
       509. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``In General''.
       Legislative counsel.
       510. The House bill refers to ``its schools''; the Senate 
     amendment refers to ``such agency's schools''.
       Legislative counsel.
       511. The House bill refers to ``only if it will use''; the 
     Senate amendment refers to ``only if such agency will use''.
       Legislative counsel.
       512. The House bill establishes new tests to determine 
     whether local educational agencies meet the comparability of 
     services requirement. Expenditures per pupil from State and 
     local funds, and ``basic'' instructional salaries (excluding 
     salary differentials based on years of employment) must be at 
     least as high in schools participating in title I as for 
     nonparticipating schools. The Senate bill contains 
     comparability tests similar to those of current law.
       The House recedes.
       513. Both bills allow for exclusion of unpredictable 
     changes in enrollment or personnel assignments occurring 
     after the beginning of a school year in applying 
     comparability standards. The Senate bill also states that 
     such changes shall not be included in comparability 
     determinations.
       Legislative counsel.
       The Senate recedes.
       514. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``Procedures and Records''.
       Legislative counsel.
       515.
       Explanatory Note: Both bills have similar language 
     requiring local educational agencies to establish procedures 
     and maintain records as necessary for comparability 
     determinations, excluding local educational agencies with 
     only 1 school per grade span, and allowing for exclusion of 
     State and local funds for bilingual education and the excess 
     costs of serving children with disabilities.
       516. The House bill refers to ``its compliance''; the 
     Senate amendment refers to ``such agency's compliance''.
       Legislative counsel.
       517. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``Inapplicability''.
       Legislative counsel.
       518. The Senate amendment, but not the House bill, include 
     a paragraph heading entitled ``Compliance''.
       Legislative counsel.
       519. The House bill refers to ``excess costs''; the Senate 
     amendment refers to ``excessive costs'' and ``as determined 
     by the local educational agency''.
       The House recedes with an amendment striking ``excessive'' 
     and inserting ``excess''.
     Grants for the Outlying Areas and the Secretary of the 
         Interior
       520. Both bills provide for the reservation of 1% of title 
     I, part A funds for grants to outlying areas plus the 
     Department of the Interior (for Native American pupils).
       Legislative counsel.
       521. The Senate amendment, but not the House bill, includes 
     a paragraph heading entitled ``In General''.
       Legislative counsel.
       522. The Senate amendment, but not the House bill, provides 
     that all funds reserved for the outlying areas (including the 
     Virgin Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, and--until adoption of its Compact 
     of Free Association--Palau) be distributed in accordance with 
     a competition conducted by the Pacific Regional Educational 
     Laboratory in Hawaii. Five percent of the total amount 
     reserved for the outlying areas may be used to pay the 
     Laboratory's administrative costs. Currently, the Secretary 
     of Education determines the distribution of funds among the 
     outlying areas, except for a portion of these funds (equal to 
     the share allocated in FY 1989 to the Federated States of 
     Micronesia and the Republic of the Marshall Islands) that is 
     distributed through a competition conducted by the Pacific 
     Regional Educational Laboratory.
       The House recedes with an amendment that allows the Freely 
     Associated State to be eligible to compete for competitive 
     grants under Title I, authorizes $5 million as a block grant 
     to PREL for the Freely Associated States to compete for these 
     funds, and allows the Freely Associated States to compete for 
     all discretionary grants under this Act.
     Allocations to States
       523. The House bill provides that an annual share of title 
     I, part A appropriations equal to the FY 1994 amount be 
     allocated according to the basic and concentration grant 
     formulas (sec. 1124 and 1124A). Any additional appropriations 
     will be allocated under the new, targeted grants formula 
     (sec. 1125).
       The Senate recedes with an amendment that provides that in 
     Fiscal Year 1995, Title I funds will be distributed under the 
     same formula as in current law. In Fiscal Year 1996, funds 
     would be distributed under a modified form of the House 
     formula. Appropriations equal to the Fiscal Year 1995 level 
     would be distributed under current law, except that local 
     educational agencies with 2 percent poverty or less would 
     receive no funds. Funds in excess of the Fiscal Year 1995 
     level would be distributed under a new targeted, weighted 
     formula. Where poor children living in high concentrations of 
     poverty receive more funds, a local educational agency with 
     poverty rates of 5 percent would receive no funds.
       A small state minimum that is a compromise between the 
     House and Senate provisions applies to both parts of the 
     formula and to the formula for distributing Fiscal Year 1995 
     funds. Additionally, the formula provides for the use of 
     updated poverty estimates prepared by the Bureau of the 
     Census. Poverty estimates would be updated in Fiscal Year 
     1997 (school year 1997-98) for counties, and updated in 
     Fiscal Year 1999 for local educational agencies.
       The conference agreement also includes a separate 
     authorization of $200 million to provide additional funds to 
     improve Title I schools that distributes funds to all states 
     based on a measure of their effort and equity.
       524. If appropriations are insufficient to pay the full 
     authorized amounts for part A, then grants will be ratably 
     reduced to the level of available appropriations. However, no 
     local educational agency is to receive less than 85% of its 
     previous year grant (if any) under the basic and targeted 
     grant formulas. There is no hold harmless for concentration 
     grants.
       The Senate recedes with an amendment on all of the notes 
     concerning the title I formula (notes 504-557).
     Basic Grants to Local Educational Agencies
       525. Except for Puerto Rico, the maximum basic grant for a 
     local educational agency is equal to the number of poor and 
     other children counted in the formula multiplied by 40% of 
     the State average expenditure per pupil, with bounds of 80% 
     and 120% of the national average applied to the latter.
       526. While all basic grants will be calculated by the U.S. 
     Department of Education using data on poor school age 
     children compiled by the Census Bureau, the House bill 
     authorizes State education agencies to use alternative 
     population data (i.e., other than the data on poor school age 
     children compiled by the Census Bureau) to allocate basic 
     grants among the State's smaller local educational agencies 
     only (those serving areas with a total population of 20,000 
     or fewer persons). Local educational agencies dissatisfied 
     with such determinations by their State education agency may 
     appeal them to the U.S. Secretary of Education.
       527. In cases where the Census Bureau has not compiled data 
     on poor school age children for local educational agencies 
     (applies at this point to 8 counties in California), basic 
     grants will be calculated by the U.S. Department of Education 
     by county, with the State education agency responsible for 
     suballocation to local educational agencies in such counties.
       528. The basic grant to Puerto Rico is calculated in the 
     same manner as those for local educational agencies in the 50 
     States plus the District of Columbia, except that the minimum 
     expenditure factor for the States plus D.C. (.4 times 80% of 
     the national average expenditure per pupil) is further 
     multiplied by the ratio of the Puerto Rico average 
     expenditure per pupil divided by the lowest average 
     expenditure per pupil for any of the States plus D.C.
       529. In order to be eligible for a basic grant, a local 
     educational agency must have at least 10 poor and other 
     children counted in the formula.
       530. The children to be counted for basic grants under the 
     House bill include children aged 5-17 years: (a) in poor 
     families; (b) in families receiving Aid to Families with 
     Dependent Children (AFDC) payments above the poverty level 
     for a family of 4; plus (c) in institutions for the neglected 
     and delinquent, in foster homes, or attending community day 
     programs, and who are not counted for State agency grants for 
     the neglected and delinquent (title I, part D, subpart 3). 
     Except for those in community day programs, these are the 
     same groups of children counted under current law.
       531. In making basic grants, the Secretary will use data on 
     the number of school age children in poor families compiled 
     for local educational agencies by the Census Bureau. In cases 
     where such data have not been compiled for local educational 
     agencies, the Secretary will use county aggregate data.
       532. In cases where 2 or more counties are completely 
     contained within 1 local education agency (e.g., New York 
     City, Hawaii, and possibly Williamsburg/James City county in 
     Virginia), then each county portion of the local educational 
     agency will be treated as if it were a separate local 
     educational agency for the calculation of basic grants.
       533. If data on the number of poor school age children have 
     been updated by the Census Bureau for local educational 
     agencies, then the updated data must be used by the Secretary 
     of Education to calculate basic grants.
       534. Data on children in families receiving Aid to Families 
     with Dependent Children payments above the poverty income 
     level for a family of 4 will be obtained annually for local 
     educational agencies from the Department of Health and Human 
     Services.
       535. The Census Bureau shall prepare special updates of the 
     number of children in poor families for local educational 
     agencies when requested by the Secretary of Education.
       536. In general, the minimum basic grant for all local 
     educational agencies is the lesser of: (a) 0.25% of total 
     grants; (b) 150% of the State's previous year basic grant; or 
     (c) 150% of the national average basic grant per child 
     counted in the basic grant formula in the previous year, 
     multiplied by the State's total number of such children for 
     that year. In addition, for fiscal years 1995 and 1996 only, 
     no State may be reduced below the level of its FY 1993 basic 
     grant as a result of applying the caps in (b) and (c) of the 
     preceding sentence.
     Concentration Grants to Local Educational Agencies
       537. Local educational agencies are eligible for 
     concentration grants under the House bill if their number of 
     children counted for basic grants in the previous fiscal year 
     exceeds either: (a) 6,500 such children; or (b) 15% of their 
     total school age population. Concentration grant eligibility 
     is limited to the 50 States plus the District of Columbia.
       538. The State minimum concentration grant is the lesser 
     of: (a) 0.25% of total grants; (b) 150% of the State's 
     previous year concentration grant; or (c) 150% of the 
     national average concentration grant per child counted for 
     such grants for the year for which grants are being 
     calculated, multiplied by the State's total number of 
     children counted for concentration grants in that year. There 
     is also an ``absolute'' minimum State concentration grant of 
     $250,000. (This has been increased to $340,000 under 
     appropriations legislation of recent years.)
       539. The number of children counted in allocating 
     concentration grants is the total number counted for basic 
     grants in the preceding fiscal year if a local educational 
     agency meets the 15% criterion of eligibility, but only the 
     number counted for basic grants in excess of 6,500 children 
     if only the 6,500 criterion is met. This number of children 
     is multiplied by an expenditure factor of the local 
     educational agency's maximum basic grant for the same (not 
     previous) year, divided by its number of children counted for 
     basic grants (which is simply equal to the basic grant 
     expenditure factor for the same fiscal year).
       540. While all concentration grants will initially be 
     calculated by the U.S. Department of Education using data on 
     poor school age children compiled by the Census Bureau, the 
     House bill authorizes State education agencies to use 
     alternative population data (i.e., other than the data on 
     poor school age children compiled by the Census Bureau) to 
     allocate concentration grants among the State's smaller local 
     educational agencies (those serving areas with a total 
     population of 20,000 or fewer persons). Local educational 
     agencies dissatisfied with such determinations by their State 
     education agency may appeal them to the U.S. Secretary of 
     Education.
       541. In cases where the Census Bureau has not compiled data 
     on poor school age children for local educational agencies 
     (applies at this point to 8 counties in California), 
     concentration grants will be calculated by the U.S. 
     Department of Education by county, with the State education 
     agency responsible for suballocation to local educational 
     agencies in such counties.
       542. Of the total amount appropriated for basic and 
     concentration grants, 10% is reserved for concentration 
     grants.
       543. Grants will be ratably reduced, subject to the State 
     minimum, if total appropriations are less than maximum 
     authorized concentration grants.
     Targeted Grants to Local Educational Agencies
       544. To be eligible for targeted formula grants under the 
     House bill, the number of children counted for basic grants 
     in a local educational agency must be at least 10.
       545. The maximum targeted grant for a local educational 
     agency is its weighted count of children multiplied by its 
     basic grant expenditure factor.
       546. The number of children counted for targeted grants is 
     the greater of two modified counts of the children counted 
     for basic grants for a local educational agency. Local 
     educational agency counts of poor and other formula children 
     are weighted according to two scales, one based on the 
     aggregate number of such children, and the other scale based 
     on the percentage that basic grant formula children represent 
     of a local educational agency's total school age population. 
     For each LEA, the greater of the two weighted pupil counts--
     that based on numbers and that based on percentages--is used 
     to calculate grants. The weights applied to different numbers 
     of basic grant formula children for a local educational 
     agency vary from 1 to 3, in 5 steps. The steps and weights 
     are as follows:

PUPIL WEIGHTS ASSIGNED TO LOCAL EDUCATIONAL AGENCIES FOR TARGETED GRANTS
                   UNDER THE HOUSE VERSION OF H.R. 6                    
------------------------------------------------------------------------
                                                      Weight assigned to
 School age child poverty   Number of poor and other    poor and other  
    rate for the local        formula in the local     formula pupils in
   educational agency         educational agency           the local    
                                                      educational agency
------------------------------------------------------------------------
0-14.265%................  0-575....................                 1.0
14.266-21.553............  576-1, 870...............                 1.5
21.554-29.223............  1,871-6,910..............                 2.0
29.224-36.538............  6,911-42,000.............                 2.5
36.539 or more...........  more than 42,000.........                 3.0
------------------------------------------------------------------------

       Each step on each of the two scales contains local 
     educational agencies with approximately one-fifth of all 
     school and age children. The weights are applied stepwise--
     i.e., each weight is applied only to the share of formula 
     children in a county (local educational agency) falling 
     within the indicated number or percentage range.
       547. While all targeted grants will initially be calculated 
     by the U.S. Department of Education using data on poor school 
     age children complied by the Census Bureau, the House bill 
     authorizes State education agencies to use alternative 
     population data (i.e., other than the date on poor school age 
     children complied by the Census Bureau) to allocate targeted 
     grants among each State's smaller local educational agencies 
     (those serving areas with a total population of 20,000 or 
     fewer persons). Local educational agencies dissatisfied with 
     such determinations by their State education agency may 
     appeal them to the U.S. Secretary of Education.
       548. In cases where the Census Bureau has not compiled data 
     on poor school age children for local educational agencies 
     (applies at this point to 8 counties in California), targeted 
     grants will be calculated by the U.S. Department of Education 
     by county, with the State education agency responsible for 
     suballocation to local educational agencies in such counties.
       549. The State minimum targeted grant is the lesser of: (a) 
     0.25% of all grants; (b) 150% of the national average 
     targeted grant per (unweighted) child counted in the targeted 
     grant formula in they ear for which grants are being 
     calculated, multiplied by the State's total number of such 
     (unweighted) children for that year.
     Special Allocation Procedures.
       550. If a local educational agency does not provide 
     educational services to neglected or delinquent children who 
     are counted in determining part A grants to that agency, the 
     State education agency may reallocate part A grants based 
     upon such children.
       551. State education agencies may reallocate part A grants 
     as appropriate when multiple local educational agencies serve 
     the same area, or an agency provides educational services to 
     children residing in a different local educational agency.
       552. State education agencies may reallocate part A grants 
     not used by the local educational agencies to which they were 
     originally allocated.
     Carryover and Waiver
       553. In general, a local educational agency may carry over 
     no more than 15% of its part A grant for use in the fiscal 
     year after the grant was received (does not apply to local 
     educational agencies receiving less than $50,000 per year). 
     This limitation may be waived by a State education agency, 
     but no more than once every three years for any particular 
     local educational agency.
     Allocations to States
       554. The Senate bill provides that if appropriations are 
     insufficient to pay maximum authorized part A grants, then 
     allocations will be ratably reduced, subject to a State level 
     hold harmless of 100% of FY 1994 basic plus concentration 
     grants for FY 1995, 90% of previous year grants for FY 1996, 
     and 85% of previous year grants for FY 1997 and beyond. There 
     is also a hold harmless for local educational agencies (see 
     sec. 1124).
     Grants to States
       555. State total grants will be calculated on the basis of 
     local educational agencies if necessary population data are 
     deemed to be satisfactory by the Secretary of Education. 
     Otherwise, State total grants will be calculated on a county 
     basis. In either case, State total grants will be allocated 
     to local educational agencies through a separate process (in 
     sec. 1124). [Note: All allocation estimates under the Senate 
     bill have thus far used county, not local educational agency, 
     population data to calculate State total grants.]
       556. Maximum part A grants under the Senate bill are equal 
     to a weighted count of children (by county or local 
     educational agency) multiplied by the State expenditure 
     factor, further multiplied by the State effort factor, and 
     finally multiplied by the State equalization factor. The 
     State expenditure factor is 40% of the State average 
     expenditure per pupil, with bounds on the latter of 85% and 
     115% of the national average expenditure per pupil (rather 
     than 80% and 120% under current law and the House bill).
       557. The State effort factor under the Senate bill is based 
     on a comparison of the State average expenditure per pupil 
     (as used in the title I expenditure factor) divided by the 
     State personal income per capita, compared to the national 
     average expenditure per pupil divided by the national 
     personal income per capita. The resulting amount would be 1.0 
     for a State with effort at the national average. The State 
     effort factors are adjusted to be no less than 0.95 nor more 
     than 1.05. The effort factor for Puerto Rico is equal to the 
     lowest factor for any of the States plus D.C. (0.95).
       558. The equalization factor under the Senate bill is based 
     upon a measure of variation in average expenditures per pupil 
     among each State's local educational agencies called the 
     coefficient of variation. This is a measure of the average 
     disparity in expenditures per pupil among the local 
     educational agencies of a State, and is expressed as a 
     percentage of the State average expenditure per pupil. In the 
     coefficient of variation calculations under the Senate bill, 
     the expenditures per pupil are weighted to account for 
     differences in the enrollment level of different local 
     educational agencies, with an extra weight (1.4 vs. 1.0) 
     applied to estimated counts of children from poor families. 
     The equalization factor is equal to 1 minus the coefficient 
     of variation, so the lower a State's coefficient of 
     variation, the higher its equalization factor. There are no 
     limits on the equalization factor itself, although there are 
     limits on the effects of applying it for the first 3 years 
     (see below).
       559. If a State meets the expenditure disparity standard 
     for equalization under the Impact Aid program regulations 
     (currently Alaska, Kansas, and New Mexico), its coefficient 
     of variation used to calculate the equalization factor is 
     adjusted to be no more than .10.
       560. Application of the equalization factor may not cause a 
     State's total allocation to change by more than  
     2% for FY 1995,  4% for FY 1996, or  
     6% for FY 1997 compared to what the State would receive if 
     there were no equalization factor. For FY 1997 and beyond, 
     there is no limit on the effect of the equalization factor.
       561. For Puerto Rico, the expenditure factor is the minimum 
     applied to the 50 States plus D.C. (.4 times 85% of the 
     national average expenditure per pupil) further multiplied by 
     the ratio of the Puerto Rico average expenditure per pupil 
     divided by the lowest average expenditure per pupil for any 
     of the States plus D.C.
       562. The minimum number of poor and neglected/delinquent 
     children in a local educational agency or county to be 
     eligible for a grant is 10.
       563. The children to be counted for grants under the Senate 
     bill include children aged 5-17 years: (a) in poor families; 
     plus (b) in institutions for the neglected and delinquent, or 
     in foster homes, and who are not counted for State agency 
     grants for the neglected and delinquent (title I, part E, 
     subpart 3). [The House bill also includes children in 
     families receiving Aid to Families with Dependent Children 
     payments above the poverty level for a family of four, plus 
     children in community day programs.]
       564. The number of children counted for grants under the 
     Senate bill is the greater of two modified counts of the poor 
     and neglected/delinquent school age children in a county (or, 
     if the Secretary determines that satisfactory data are 
     available, local educational agency). Counts of poor and 
     other formula children are weighted according to two scales, 
     one based on the aggregate number of such children, and the 
     other scale based on the percentage that such children 
     represent of the total school age population. For each LEA, 
     the greater of the two weighted pupil counts--that based on 
     numbers and that based on percentages--is used to calculate 
     grants. The weights applied to different numbers of poor and 
     other formula children vary from 1 to 1.4 on the percentage 
     scale, and from 1 to 1.3 on the numbers scale, as follows:

   WEIGHTS APPLIED TO FORMULA CHILD COUNTS FOR COUNTIES IN CALCULATING  
            STATE ALLOCATIONS UNDER SENATE VERSION OF H.R. 6            
------------------------------------------------------------------------
                                                       Percentage range 
                                Number range (i.e.,   (formula children 
  County weight for poor and     number of poor and   as a percentage of
    other formula children         other formula       total school age 
                                     children)           population)    
------------------------------------------------------------------------
1,000.........................              0-1,917               0-12.2
1,075.........................          1,918-5,938  ...................
1,100.........................  ...................            12.3-17.7
1,150.........................         5,939-20,199  ...................
1,200.........................  ...................            17.8-22.8
1,225.........................        20,200-77,999  ...................
1,300.........................              78,000+            22.9-29.7
1,400.........................  ...................                29.8+
------------------------------------------------------------------------

       If grants are tabulated by local educational agency rather 
     than by county, then the number and percentage ranges used 
     for within-state grants under the Senate bill (see below) 
     would be substituted for those above. The weights are applied 
     stepwise--i.e., each weight is applied only to the share of 
     formula children in a county (local educational agency) 
     falling within the indicated number or percentage range. The 
     maximum weighting factor for Puerto Rico is 1.15.
       565. The State minimum grant under the Senate bill is the 
     greater of: (a) 0.25% of total grants; or (b) 125% of the 
     amount the State would receive if there were no minimum grant 
     provision.
       566. In general, no State may receive for FY 1995 (only) a 
     grant that exceeds 115% of the amount the State would receive 
     under the title I, chapter 1, part A formulas of current law, 
     at the FY 1995 appropriations level.
     Within State Allocations
       567. After State grants are determined under the provisions 
     of sec. 1123 of the Senate bill, the State totals are 
     allocated to local educational agencies through a separate 
     process. There is no direct connection between county or 
     local educational agency calculations used to set State 
     totals and the amount allocated to a county or local 
     educational agency in this second stage of allocations.
       A local educational agency is eligible for a grant only if 
     its number of poor and neglected/delinquent children is 
     greater than both 10 children and 5% of its total school age 
     population.
       568. If appropriations are not sufficient to pay maximum 
     authorized grants, allocations to local educational agencies 
     will be ratably reduced, subject to a hold harmless of 85% of 
     the agency's previous year grant. The hold harmless is 
     effective only for FY 1995 for local educational agencies 
     that do not meet the 10 child or 5% thresholds, and only for 
     FY 1995 and 1996 for other local educational agencies.
       569. Under the Senate bill, up to 2% of State grants may be 
     reserved by the State education agency for grants to schools 
     in local educational agencies not eligible for grants. Such 
     schools must serve attendance areas with a child poverty rate 
     of at least 25% or the average percentage for the State, and 
     are to be served in rank order, based on their poverty rate. 
     Such funds must be used by a recipient local educational 
     agency only to serve the designated school attendance areas. 
     The amount of these funds, combined with any hold harmless 
     amounts the local educational agency receives, may not exceed 
     the State average grant per poor and neglected/delinquent 
     child counted in the formula or, for FY 1995, the grant 
     received under title I, chapter 1, part A. Local educational 
     agencies may not modify their pupil assignment policies in 
     order to increase a school's percentage of poor children and 
     therefore its eligibility for this assistance.
       570. As with the formula for determining State total 
     grants, the children counted in making grants to local 
     educational agencies include school age children in poor 
     families plus neglected, delinquent, and foster children not 
     counted under title I, part E, subpart 3 (State agency 
     program for the neglected and delinquent).
       571. In making allocations to local educational agencies, a 
     State may use one of three data sources: (a) data compiled by 
     the Census Bureau; (b) the sum of (all) school age children 
     in families receiving Aid to Families with Dependent Children 
     (AFDC) payments plus one-third of the number of limited 
     English proficient school age children; or (c) data using 
     other poverty criteria, approved by the Secretary, and 
     equivalent in size to the census count of children from poor 
     families plus neglected/delinquent children.
       572. In allocating funds among a State's local educational 
     agencies that meet the 5%/10 child threshold, each agency's 
     count of poor and other formula children is to be reduced by 
     an amount equal to 1% of the LEA's total school-age 
     population.
       573. In addition to the 1% absorption factor, the Senate 
     bill provides for allocation within States among eligible 
     local educational agencies on the basis of weighted counts of 
     poor and other children counted in the intrastate formula. 
     The number and percentage ranges and steps are the same as 
     those used for national allocation of targeted grants under 
     the House bill, except that the maximum weights are 1.6 for 
     percentages and 1.4 for numbers of children in the local 
     educational agency counted under the formula. These weights 
     are also applied stepwise--i.e., each weight is applied only 
     to the share of formula children in a local educational 
     agency falling within the indicated number or percentage 
     range. The greater of the two weighted counts for each local 
     educational agency--that based on percentages and that based 
     on numbers--is used to allocate part A funds within States.
       574. State education agencies may reallocate part A grants 
     as appropriate when multiple local educational agencies serve 
     the same area, or an agency provides educational services to 
     children residing in a different local educational agency.
       575. If a local educational agency does not provide 
     educational services to neglected or delinquent children who 
     are counted in determining part A grants to that agency, the 
     State education agency may reallocate part A grants based 
     upon such children.
       576. The Senate bill provides that a local educational 
     agency may reserve up to 2% of its part A grant to serve 
     children in schools not otherwise eligible, as long as the 
     school attendance areas are within 2 rank orders of the 
     lowest poverty eligible school.
     Presidential Awards Program
       577. The House bill, but not the Senate amendment, allows 
     the Secretary to develop a Presidential awards program that 
     will recognize the person or corporation producing the best 
     education game of the year.
       The Senate recedes with an amendment making the 
     Presidential Awards program an allowable activity under the 
     Fund for Innovation in Education.


                TITLE I--PART E (HOUSE)/PART F (SENATE)

       578. The part heading in the House bill, but not the Senate 
     amendment, reflects the House bill's inclusion of section 
     1503, ``Innovative elementary school transition projects.''
       Legislative counsel.
       579. Technical difference. (The Senate amendment, but not 
     the House bill, adds the word ``assisted'' after 
     ``programs.'')
       Legislative counsel.
       580. The House bill refers to the ``ongoing Chapter 1 
     Longitudinal Study under subsection (b) of this section.'' 
     The Senate amendment refers to the ``ongoing Chapter 1 
     Longitudinal Study under subsection (c) of this section.''
       Legislative counsel.
       581. Technical difference. (The Senate amendment, but not 
     the House bill, begins subsection (a)(2) with the heading, 
     ``EXAMINATION.'')
       Legislative counsel.
       582. The Senate amendment, but not the House bill, adds the 
     word ``challenging'' before ``State content standards.''
       The House recedes.
       584. The House bill refers to the ``specific purposes set 
     out in section 1001(d) of this title to achieve this goal, 
     including--.'' The Senate amendment refers to the ``purpose 
     set forth in section 1001(d) to achieve the goal described in 
     paragraph (1), including--.''
       Legislative counsel.
       585. The House bill refers to ``high standards for all 
     children'' while the Senate amendment refers to ``challenging 
     State content standards and challenging State student 
     performance standards for all children served under this 
     title...''
       The House recedes.
       586. Regarding the goal that students meet standards, the 
     House states, ``...schools to help children reach them'' 
     while the Senate amendment states, ``...schools to help 
     children reach such standards.''
       Legislative counsel.
       587. The Senate amendment, but not the House bill, adds the 
     words ``served under this title'' after ``providing 
     children.''
       The House recedes.
       588. Technical difference. (The Senate amendment, but not 
     the House bill, adds the word ``such'' after `'instructional 
     time that.'')
       Legislative counsel.
       589. The House bill refers to ``access of all children to 
     effective instructional strategies and challenging academic 
     content'' while the Senate amendment refers to ``access for 
     all children served under this title to effective 
     instructional strategies and challenging academic content.''
       The House recedes.
       590. The House bill, but not the Senate amendment, includes 
     the requirement that the Assessment examine the use of ``any 
     of the voluntary model State opportunity-to-learn standards 
     that may have been implemented and whether they are useful in 
     improving learning.''
       The Senate recedes with the following amendment:
       ``(v) the utilization and usefulness of opportunity to 
     learn standards or strategies in improving learning in 
     schools receiving assistance under this part;''
       591. Technical difference. (The Senate amendment, but not 
     the House bill, adds the word ``provided'' after 
     ``coordinating services.'')
       Legislative counsel.
       592. Technical difference. (The Senate amendment, but not 
     the House bill, adds the words ``and pupil'' after ``other 
     educational'')
       Legislative counsel.
       593. The Senate amendment, but not the House bill, adds the 
     words ``of children served under this title'' after 
     ``parents.''
       The House recedes.
       594. The House bill, but not the Senate amendment, adds the 
     words, ``including the provision of family literacy 
     services.''
       The Senate recedes with an amendment striking ``including'' 
     and inserting ``such as''.
       595. Technical difference. (The Senate amendment, but not 
     the House bill, begins subsection (a)(3) with the heading, 
     ``NAEP INFORMATION.'')
       Legislative counsel.
       596. The Senate amendment directs the Secretary, where 
     feasible, to use NAEP information in carrying out the 
     national assessment. The House bill directs the Secretary to 
     use information from a variety of sources, including NAEP, 
     state evaluations and research studies.
       The Senate recedes.
       597. The House bill states that ``The Secretary shall 
     submit a biennial report summarizing the cumulative findings 
     to date of the assessment to the President and the 
     appropriate committees of Congress. The Senate amendment 
     states, ``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.''
       The House recedes.
       598. The Senate amendment, but not the House bill, 
     organizes the subsection into two paragraphs, and entitles 
     the first one ``IN GENERAL.''
       Legislative counsel.
       599. The House bill, but not the Senate amendment, directs 
     the Secretary to report no later than December 31, 1997 to 
     the House Committee on Education and Labor and to the Senate 
     Committee on Labor and Human Resources on how schoolwide 
     programs are meeting the needs of children from migratory 
     families.
       The Senate recedes.
       600. The Senate amendment, but not the House bill, directs 
     the Secretary, at a minimum to collect trend information on 
     the effect of Title I programs. This data is to complement 
     the data collected under subsections (a) and (c).
       The House recedes.
       601. The House bill refers to subsection (c) as ``NATIONAL 
     EVALUATION OF TITLE I'' while the Senate amendment refers to 
     the subsection as ``NATIONAL LONGITUDINAL STUDY.''
       The Senate recedes.
       602. Technical difference. (The Senate amendment, but not 
     the House bill, adds the word ``assisted'' after 
     ``program.'')
       Legislative counsel.
       603. Technical difference. (The Senate amendment, but not 
     the House bill, adds the word ``the'' before ``Congress.'')
       Legislative counsel.
       604. The Senate amendment, but not the House bill, adds the 
     words ``short- and long-term'' before ``effectiveness.''
       The House recedes.
       605. Technical difference. (The Senate amendment, but not 
     the House bill, adds the word ``to'' before ``provide.'')
       Legislative counsel.
       606. The Senate amendment, but not the House bill, 
     includes, ``. . . 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'' following 
     ``program's effectiveness.''
       The House recedes.
       607. The House bill states ``tracking cohorts of students'' 
     while the Senate amendment states ``that tracks cohorts of 
     students within schools of differing poverty concentrations . 
     . .'')
       The House recedes.
       608. The Senate amendment, but not the House bill, requires 
     that the evaluation be consistent with measuring the 
     achievement of students relative to high content standards 
     and State student performance standards.
       The Senate recedes.
       609. The Senate amendment, but not the House bill, requires 
     that, if sufficient funds are available, the evaluation shall 
     provide information on students with disabilities.
       The House recedes.
       610. The House bill refers to the ``information from this 
     evaluation.'' The Senate amendment refers to the ``results of 
     the evaluation described in paragraph (1) . . .''
       Legislative counsel.
       611. Technical difference. (The House bill states ``this'' 
     after ``data from'' while the Senate amendment states 
     ``such'' after ``data from.'')
       Legislative counsel.
       612. The House bill refers to ``that assessment,'' after 
     ``frequently as'' while the Senate amendment states ``reports 
     are made under subsection (a)(4)'' following ``frequently 
     as.''
       Legislative counsel.
       613. The House bill, but not the Senate amendment, imposes 
     specific requirements regarding the assessment of progress of 
     children in the early grades, for the National Assessment and 
     the National Evaluation. Specifically, the House bill states 
     that (1) students in grades 1, kindergarten and pre-
     kindergarten shall not be assessed on the basis of outcome 
     measures such as content and performance standards; (2) that 
     assessments of children in grade 2 shall utilize matrix 
     sampling and be performance-based; and (3) that ``any data 
     regarding children in grade 2 shall--(A) be collected at 
     multiple points in time; (B) not be used to stigmatize, label 
     or place any child; and (C) be collected in multiple 
     domains.''
       The House recedes. It is the intent of the Managers that, 
     when the Secretary conducts the National Assessment of Title 
     I and the National Evaluation of Title I, that the progress 
     of students in grade 1, kindergarten, and prekindergarten 
     shall not be assessed on the basis of outcome measures such 
     as content and performance standards. When conducting the 
     Assessment and the Evaluation, it is the Managers intent that 
     any testing of children in grade 2 utilize matrix sampling 
     and be performance based. Also, the Managers intend that any 
     data collected regarding children in grade 2 shall be 
     collected at multiple points in time, not be used to 
     stigmatize, label, or place any child, and be collected in 
     multiple domains.
       614. The Senate amendment, but not the House bill, imposes 
     a more general requirement that the Secretary use 
     developmentally appropriate measures to assess student 
     performance and progress.
       The House recedes.
       615. The House bill, but not the Senate amendment, requires 
     the Secretary, through OERI, to conduct a study to identify 
     and describe common barriers to effective parental 
     involvement in the education of participating children; and 
     successful local policies and programs which improve parental 
     involvement and the performance of participating children. 
     The House bill requires that the study be completed by 
     December 31, 1995 and be reported to Congressional oversight 
     committees, and that findings relative to successful local 
     policies be disseminated to LEAs.
       The Senate recedes with an amendment establishing the 
     completion date of the study as December 31, 1996.
       616. The Senate amendment, but not the House bill, requires 
     the Secretary to conduct a study to (1) 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 estimates.
       The Senate recedes.
       617. Technical difference. (The Senate amendment, but not 
     the House bill, begins subsection (a)(1) with the heading, 
     ``In General.--'')
       Legislative counsel.
       618. The House bill refers to ``funds appropriated for any 
     fiscal year under section 1002(7)(B)'' while the Senate 
     amendment refers to ``funds appropriated for any fiscal year 
     under section 1002(g)(2).''
       Legislative counsel.
       619. The House bill, but not the Senate amendment, includes 
     ``public/private partnerships involving business and industry 
     organizations'' as eligible bodies.
       The Senate recedes.
       620. Technical difference. (The House bill uses the word 
     ``bodies'' after ``consortia of such'' while the Senate 
     amendment uses the word ``entities'' after ``consortia of 
     such.'')
       Legislative counsel.
       621. The House bill refers to ``challenging state 
     standards.'' The Senate amendment refers to ``challenging 
     State content standards'' and ``challenging State student 
     performance standards.'' The House bill refers to providing 
     children an opportunity to reach ``high'' standards. The 
     Senate amendment refers to providing them an opportunity to 
     meet ``challenging State content'' and ``challenging State 
     student performance standards.''
       The House recedes.
       622. Technical difference. (The Senate amendment refers to 
     ``children;'' and the House bill refers to ``them.'')
       Legislative counsel.
       623. The Senate amendment, but not the House bill, adds 
     ``coordinated pupil services programs'' as a promising 
     strategy.
       The Senate recedes.
       624. The House bill, but not the Senate amendment, includes 
     ``such as mentoring programs'' after ``other social 
     services.''
       The Senate recedes.
       625. Technical difference. (The Senate amendment, but not 
     the House bill, hyphenates ``limited-English.'')
       Legislative counsel.
       626. The Senate amendment, but not the House bill, adds 
     ``programs which are especially effective in recruiting, 
     inducting and retaining highly qualified teachers for service 
     in schools with low student achievement'' as a promising 
     strategy.
       The House recedes.
       627. The House bill, but not the Senate amendment, includes 
     ``secondary schools'' among the entities with which 
     partnerships are developed.
       The House recedes.
       628. Technical difference. (The Senate amendment, but not 
     the House bill, begins subsection (a)(2) with the heading, 
     ``Evaluation--.'')
       Legislative counsel.
       629. Technical difference. (The House bill refers to 
     ``funds appropriated for any fiscal year under section 
     1002(7)(B)'' while the Senate amendment refers to ``funds 
     appropriated for any fiscal year under section 1002(g)(2).'')
       Legislative counsel.
       630. Technical difference. (The House bill refers to 
     ``schools supported under this title'' while the Senate 
     amendment refers to ``schools assisted under this title.'')
       Legislative counsel.
       631. The House bill, but not the Senate amendment, includes 
     a third section under this Part, ``Innovative elementary 
     school transition projects,'' to ``provide financial 
     assistance to support innovative transition projects in 
     elementary schools.''
       The Senate recedes with an amendment merging the House and 
     Senate transition provisions.
       613. The House bill states that ``from 70 percent of the 
     amount reserved to carry out this section (not less than 
     $10,000,000 of the amount appropriated under section 
     1002(7)(B)), the Secretary shall make grants to local 
     educational agencies for the purpose of supporting projects, 
     for children from low-income families who previously attended 
     Head Start, Even Start, or similar preschool programs, which 
     provide educational and other services in kindergarten and 
     early elementary grades.''
       614. The House bill states that ``From 30 percent of the 
     amount reserved under subsection (a), the Secretary shall 
     make grants to public and private nonprofit agencies, 
     institutions, and organizations'' to provide technical 
     assistance and training in the implementation of model 
     transition and instructional approaches.
     Federal Regulations
       615. The Senate amendment requires the Secretary to convene 
     regional meetings prior to publishing proposed regulations. 
     The House bill requires the Secretary to obtain advice and 
     recommendations, which may be obtained through such 
     mechanisms as regional meetings and electronic exchanges of 
     information.
       The Senate recedes with an amendment allowing the Secretary 
     to conduct regional meetings. While the Managers are not 
     requiring the Department to conduct regional meetings, the 
     Managers believe that the information gained through such 
     meetings greatly assists the Department as it drafts 
     regulations. The Managers encourage the Department to obtain 
     such information and feedback through other mechanisms such 
     as working through the various national education 
     organizations to conduct regional meetings.
       616. The House bill requires the Secretary to establish a 
     negotiated rulemaking process. The Senate amendment requires 
     a modified negotiated rulemaking process as a demonstration.
       The Senate recedes.
       617. The House bill, but not the Senate amendment, 
     specifies four issues that must be addressed in negotiated 
     rulemaking.
       The Senate recedes with an amendment limiting the mandatory 
     issues to be negotiated to schoolwide programs and standards 
     and assessments. Secretary may add other issues.
       618. The Senate amendment requires the Secretary to prepare 
     draft regulations for negotiated rulemaking. The House bill 
     requires the Secretary to prepare a draft of proposed policy 
     options.
       The Senate recedes.
       619. The House bill, but not the Senate amendment, requires 
     the Secretary to submit draft policy options to 
     representatives participating in negotiated rulemaking not 
     less than 45 days prior to the first meeting.
       The Senate recedes with an amendment changing ``45 days'' 
     to ``15 days.''
       620. The House bill, but not the Senate amendment, 
     specifies that final regulations shall be issued not later 
     than the 240-day period required by section 437 (current 
     section 431) of the General Education Provisions Act. [Note: 
     If House provision is retained, need to conform the citation 
     and the number of days to the final GEPA provision in Title 
     II of the bill.]
       The Senate recedes with an amendment requiring that the 
     regulatory negotiations process be conducted in a timely 
     manner to ensure that final regulations are issued by the 
     Secretary no later than July 1, 1995.
       621. The House bill requires that the negotiated rulemaking 
     process follow the Negotiated Rulemaking Act of 1990. The 
     Senate amendment requires the process to follow the guidance 
     provided by the Administrative Conference of the United 
     States in Recommendation 82-4. (Both waive application of the 
     Federal Advisory Committee Act.)
       The Senate recedes.
       622. The House bill, but not the Senate amendment, 
     prohibits the Secretary from expending funds available for 
     Federal evaluations, demonstrations, and elementary school 
     transition projects until final regulations under Part A are 
     published.
       The House recedes.
       622A. The House bill refers to ``under this part'' and ``a 
     particular''; the Senate amendment refers to ``under this 
     title'' and ``any 1''.
       The Senate recedes.
     Coordination of Federal, State, and Local Administration
       623. The House bill, but not the Senate amendment, requires 
     the Secretary to prepare and distribute a program assistance 
     manual.
       The Senate recedes.
       624. The House bill, but not the Senate amendment, requires 
     the Secretary to respond with written guidance not more than 
     90 days after receiving any written request from a State or 
     local educational agency regarding a policy, question, or 
     interpretation under Title I.
       The Senate recedes.
       625. The House bill, but not the Senate amendment, requires 
     each State educational agency to create a committee of 
     practitioners to advise the State in carrying out its 
     responsibilities under Title I, including reviewing, prior to 
     publication, any proposed or final State rule or regulation.
       The Senate recedes with an amendment changing 
     ``counselors'' to ``Pupil services personnel''.
       626. The House bill authorizes a State educational agency 
     to reserve for performance of its duties under Title I the 
     greater of: (1) 1% of its total Title I allocation (excluding 
     Even Start and any funds received for Federal evaluation, 
     demonstration, or transition projects); or (2) $375,000. The 
     Senate amendment authorizes a State educational agency to 
     reserve for FYs 1995 and 1996 the greater of: (1) 1% of its 
     total Title I allocation (excluding Even Start and any funds 
     received for Federal evaluation of demonstration); or (2) 
     $425,000. Beginning in FY 1997, the Secretary may authorize a 
     State educational agency to reserve: (1) not more than 1.5% 
     nor less than 1% of such funds; of (2) not more than $565,000 
     nor less than $425,000 (whichever is greater) based on State 
     reports of administrative expenditures under Title I and the 
     Secretary's studies of State educational agency, local 
     educational agency, and school-level administrative expenses 
     under new section 14010(b) of the ESEA.
       The Senate recedes with an amendment establishing the small 
     state minimum grant at $400,000 for small states and $25,000 
     for outlying areas.
       627. The Senate amendment authorizes a State to reserve 
     funds to carry out its duties with respect to school 
     improvement. The House bill (Section 1002(6)) contains a 
     specific authorization of appropriations for school 
     improvement.
       The House recedes with an amendment establishing a .5 
     percent set-aside for program improvement and a minimum 
     program improvement grant of $200,000.
       628. The Senate amendment, but not the House bill, requires 
     each State educational agency to submit annually a report to 
     the Secretary on its use of funds for State administration of 
     activities under Title I.
       HR with an amendment moving this provision to the ESEA 
     General Provisions title.
       629. The Senate amendment, but not the House bill, includes 
     a provision specifically requiring that funds received under 
     Part G be used to supplement, not supplant, non-federal 
     funds.
       The Senate recedes.
     Construction
       630. The Senate amendment makes provisions prohibiting 
     Federal mandates concerning specific instructional content of 
     performance standards, equalized spending per pupil, and 
     national school building standards applicable to all of Title 
     I. The House bill (Sec. 111(f), (j), (k)) makes similar 
     provisions apply only to section 1111 concerning State Plans.
       The House recedes.
     Reservation of Funds for Territories
       631. The Senate amendment, but not the House bill, 
     separately authorizes funds to be appropriated under Part D 
     (education of migratory children) and Part E (education of 
     neglected and delinquent youth) for payments to the outlying 
     areas. [Note: Under both the House bill and the Senate 
     amendment, the outlying areas would be directly eligible (as 
     ``States'') for funds under those two programs. See section 
     910(22) in the House bill and section 1010(25) in the Senate 
     amendment.]
       The Senate recedes.
     Educational Opportunity Demonstration Program
       632. The Senate amendment, but not the House bill, includes 
     an Educational Opportunity Demonstration Program.
       The Senate recedes.
       633. The Senate amendment, but not the House bill, includes 
     a findings and purposes section with respect to the 
     Educational Opportunity Demonstration Program.
       The Senate recedes.
       634. The Senate amendment, but not the House bill, defines 
     the terms ``educational opportunity school'' and 
     ``educational opportunity advisory board''.
       The Senate recedes.
       635. The Senate amendment, but not the House bill, allows 
     the Secretary to grant waivers to 10 LEAs for the design and 
     operation of one or more educational opportunity schools; 
     allows the Secretary to waive the Title IX requirements for 
     participating LEAs for a five year period; and requires each 
     participating LEA to establish an educational opportunity 
     advisory board.
       The Senate recedes.
       636. The Senate amendment, but not the House bill, requires 
     each LEA desiring a waiver under this program to submit an 
     application, and lists the required contents of the 
     application.
       The Senate recedes.
       637. The Senate amendment, but not the House bill, requires 
     the Secretary to commission a study to compare the 
     educational and behavioral achievement of those choosing same 
     gender classes and those choosing co-educational classes.
       The Senate recedes.
       639. The Senate amendment, but not the House bill, contains 
     a provision which states that nothing in this part shall be 
     construed to affect the availability under Title IX of 
     remedies to overcome the effects of past discrimination on 
     the basis of sex.
       The Senate recedes.
       The conferees intend to allow maximum flexibility for the 
     use of funds under this Act to encourage schools to think of 
     new ways to use technology to expand the learning day in the 
     home, increase parental involvement with their children's 
     education, and provide readily accessible professional 
     development for teachers and staff.


                                title i

                  Part B--Even Start Literacy Programs

       1. Minor drafting differences.
       Legislative counsel.
       2. The House bill indicates the program shall assist 
     children and adults to achieve challenging State standards. 
     The Senate amendment refers to challenging State ``content'' 
     and ``student performance'' standards.
       The House recedes.
       3. Minor drafting differences. The House bill, but not the 
     Senate amendment, includes ``other purposes'' in the 
     reservation section and refers to 5 percent of the amount 
     appropriated under section 1002(b) ``of this title.''
       Legislative counsel.
       4. The House bill requires the Secretary to reserve ``not 
     less than'' 5 percent to serve special populations and the 
     Senate bill refers to ``not more than'' 5 percent.
       The House recedes with an amendment requiring the Secretary 
     to reserve 5 percent.
       5. The House bill, but not the Senate amendment, provides 
     for an Even Start demonstration grant for a family literacy 
     program in a prison housing women and their preschool age 
     children if the amount of funds available for special 
     populations exceeds $4.6 million.
       The Senate recedes with an amendment to require grants on a 
     competitive basis.
       6. Minor drafting differences.
       Legislative counsel.
       7. Minor drafting differences. The House bill places the 
     reference to eligible organizations after, rather than before 
     the list of provided activities; the Senate amendment refers 
     to grants or contracts ``with eligible organizations.''
       Legislative counsel.
       8. The Senate amendment, but not the House bill, includes a 
     provision allowing the Secretary to reserve $1 million or 
     less in years in which the Even Start appropriation exceeds 
     the previous year's appropriation, to award competitive 
     grants to States to enable them to plan and implement 
     statewide family literacy initiatives to coordinate existing 
     Federal, State and local literacy resources consistent with 
     the purposes of the Even Start Program.
       The House recedes with an amendment to require the 
     coordination and integration to include, but not be limited 
     to, several federal programs.
       9. The Senate amendment, but not the House bill, requires a 
     non-Federal match by the State in order to participate in the 
     new statewide family literacy initiatives grant program.
       The House recedes.
       10. Technical differences. The Senate amendment, but not 
     the House bill, includes funds for the new statewide family 
     literacy initiative among those that are deducted before Even 
     Start funds are allocated to the States.
       The House recedes.
       11. Minor drafting differences.
       Legislative counsel.
       12. The House bill guarantees each State a minimum annual 
     grant of $250,000. The Senate amendment provides a guarantee 
     of that amount or \1/2\ of 1% of the amount available for 
     States, whichever is greater.
       The House recedes.
       13. Minor drafting differences. The House bill refers to 
     ``or other public or private nonprofit organization''; the 
     Senate amendment refers to ``or a public or private nonprofit 
     organization.'' The Senate amendment, but not the House bill, 
     places the definitions in alphabetical order.
       The House recedes with an amendment providing that ``a 
     public agengy'' is ``not a local educational agency. It is 
     the intent of the conferees that Even Start grantees should 
     not dissolve partnerships (created by LEAs and other entities 
     in order to apply for Even Start projects) during their grant 
     period unless there is good cause.''
       14. The Senate amendment, but not the House bill, 
     explicitly includes ``the Home and School Institute, Inc.'' 
     in the definition of eligible organizations.
       The House recedes.
       15. Minor draft differences.
       Legislative counsel.
       16. Minor drafting differences.
       Legislative counsel.
       17. The Senate amendment titles this section ``Minimum'' 
     and allow each State to award one subgrant in an amount less 
     than $75,000 if it is of sufficient size, scope, and quality 
     to be effective and if less than $75,000 is left over after 
     awarding other grants of $75,000 or more.
       The House recedes.
       18. Minor drafting difference. The House bill refers to 
     carrying out an ``Even Start'' program; the Senate amendment 
     only refers to ``a program.''
       Legislative counsel.
       19. The House bill refers to the cost of programs serving 
     children from ``birth through age 7.'' The Senate amendment 
     does not include the age notation.
       The Senate recedes.
       20. The House bill indicates the program is to help parents 
     become full partners in the education of their children and 
     to assist children in reaching their full potential as 
     learners. The Senate amendment states ``to help parents 
     obtain educational skills''as an additional feature of a 
     family-centered education program.
       The Senate recedes.
       21. Minor drafting differences. The House bill in (1)(A)(i) 
     refers to ``that'' program; the Senate amendment in (1)(A)(i) 
     refers to ``such'' program.
       Legislative counsel.
       22. The House bill, but not the Senate amendment, requires 
     that matching funds be obtained from any source other than 
     title I funds.
       The House recedes with an amendment providing that the 
     matching funds may come from any source including Federal 
     funds under this Act.
       23. The Senate amendment, but not the House bill, titles 
     this provision ``WAIVER.'' There are minor wording 
     differences.
       Legislative counsel.
       24. The Senate amendment, but not the House bill, titles 
     this provision, ``PROHIBITION.'' The two provisions are 
     identical in purpose but worded differently.
       Legislative counsel.
       25. The House bill, but not the Senate amendment refers to 
     each ``Even Start'' program. There are minor wording 
     differences.
       Legislative counsel.
       26. The Senate amendment, but not the House bill, includes 
     the phrase, ``including teenage parents.''
       The House recedes.
       27. The house bill includes ``referral to necessary 
     counseling'' among the services that can be provided. The 
     Senate amendment includes ``referral to necessary pupil 
     services.'' There are other minor wording differences.
       The Senate recedes.
       28. The House bill, but not the Senate amendment, includes 
     ``and related services.''
       The Senate recedes.
       29. The House bill requires that programs be designed to 
     include the provisions of ``support services, when 
     unavailable from other sources.'' The Senate amendment refers 
     to ``pupil services (when such pupil services are unavailable 
     from other sources.)''
       The Senate recedes.
       30. The Senate amendment, but not the House bill, includes 
     the phrase ``in the activities assisted under this part.''
       The House recedes.
       31. Minor wording differences.
       Legislative counsel.
       32. The House bill includes the phrase ``empower parents to 
     support the educational growth of their children.'' The 
     Senate amendment provides ``training of parents to support . 
     . .''
       The Senate recedes.
       33. The Senate amendment, but not the House bill, requires 
     programs to include ``qualified personnel to develop, 
     administer, and implement'' the Even Start program.
       The Senate recedes.
       34. The House bill requires ``the provision of some program 
     services, either instructional or enrichment, or both during 
     the summer months.'' The Senate amendment requires ``the 
     provision of some instructional or enrichment services during 
     the summer months.''
       The Senate recedes.
       35. Minor wording differences.
       Legislative counsel.
       36. The Senate amendment, but not the House bill, requires 
     each program to ``serve those families most in need of the 
     activities and services provided by'' Even Start.
       The House recedes.
       37. The Senate amendment, but not the House bill, requires 
     each program to ``provide services . . . to individuals with 
     special needs, such as individuals with limited-English 
     proficiency and individuals with disabilities.''
       The Senate recedes.
       38. The Senate amendment, but not the House bill, requires 
     each program to ``encourage eligible participants to remain 
     in the program for a time sufficient to meet the program's 
     purpose.
       The Senate recedes.
       39. Drafting differences. The two provisions are identical 
     in substance, but contain minor wording differences.
       Legislative counsel.
       40. The Senate amendment, but not the House bill, titles 
     this provision ``SPECIAL RULE.''
       Legislative counsel.
       41. The House bill, but not the Senate amendment, includes 
     a section on ``REQUIRED DOCUMENTATION,'' which requires 
     applications to include documentation that the eligible 
     entity has the qualified personnel necessary to operate the 
     program and provided necessary training.
       The Senate recedes.
       42. The Senate amendment, but not the House bill includes a 
     heading, ``IN GENERAL.''
       Legislative counsel.
       43. The House bill calls for an application to ``include a 
     plan of operation for the program.'' The Senate amendment 
     states ``each such application shall.''
       The Senate recedes.
       44. The Senate amendment, but not the House bill, includes 
     the words, ``to be served'' in referring to ``participants''.
       Legislative counsel.
       45. The House bill refers to ``other'' eligible 
     organizations. The Senate amendment refers to eligible 
     organizations.
       Legislative counsel.
       46. The House bill, but not the Senate amendment, requires 
     applicants to describe how their plans are consistent with 
     State and local plans, if any, under Goals 2000, and with 
     State and local plans under sections 1111 and 1112 of ESEA.
       The Senate recedes with an amendment providing for a 
     description of how the plan is integrated with other programs 
     under this Act, Goals 2000: Educate America Act, or other 
     Acts.
       47. The House bill, but not the Senate amendment, allows 
     the plan to be submitted as part of a consolidated 
     application under section 9302.
       The Senate recedes.
       48. The Senate amendment, but not the House bill, requires 
     each plan to remain in effect for the duration of the 
     eligible entity's participation in the Even Start program and 
     that it be periodically reviewed and revised as necessary,.
       The House recedes.
       49. Minor wording and drafting differences except the 
     Senate makes reference to subsection (b), which does not 
     relate to the review panel (the intended reference is 
     probably paragraph (2)).
       Legislative counsel.
       50. The Senate amendment, but not the House bill, includes, 
     as a factor to be considered in selecting grantees, ``other 
     need-related indicators'', such as the fact that the program 
     will include a high percentage of children who reside in a 
     school attendance area that is eligible for programs under 
     Part A of title I.
       The House recedes.
       51. The House bill, but not the Senate amendment, 
     specifically states that the three-year age range for which 
     services must be provided ``may begin at birth.''
       The Senate recedes.
       52. The House bill refers to an applicant's ability to 
     provide ``additional funding.'' The Senate amendment refers 
     to ``the remaining cost.''
       Legislative counsel.
       53. Minor wording differences. The Senate amendment titles 
     this section ``PRIORITY.''
       Legislative counsel.
       54. The House bill provides a priority to programs in areas 
     that have a high percentage or a large number of children and 
     families in need of Even Start services. The Senate amendment 
     gives priority to programs that target services to families 
     whose children reside in attendance areas of schools eligible 
     for schoolwide programs under Part A.
       The Senate recedes.
       55. Minor drafting and wording differences. The Senate 
     amendment includes the headings ``IN GENERAL,'' ``STARTUP 
     PERIOD,'' AND ``CONTINUING ELIGIBILITY'' for the paragraphs 
     under the subsection.
       Legislative counsel.
       56. Minor wording differences. The Senate amendment titles 
     this paragraph, ``INSUFFICIENT PROGRESS.''
       Legislative counsel.
       57. Minor wording differences. The Senate amendment titles 
     this paragraph, ``GRANT RENEWAL.''
       Legislative counsel.
       58. The House bill permits an eligible entity to receive a 
     second subgrant. The Senate amendment does not limit the 
     number of subgrants an eligible entity may receive but limits 
     the total period of assistance to 8 years.
       The House recedes.
       59. Minor wording and technical differences.
       Legislative counsel.
       60. The Senate amendment, but not the House bill, contains 
     a section entitled, ``CONSTRUCTION,'' which provides that 
     nothing in the Even Start statute may be read to prohibit 
     recipients of funds under the Even Start program from serving 
     students participating in Even Start simultaneously with 
     students with similar educational needs in the same settings, 
     where appropriate.
       The House recedes.

                Part C--Education of Migratory Children

     Purpose
       61. Identical provisions, except the Senate amendment 
     modifies ``challenging standards'' with the words, ``State 
     content'' and ``State student performance.''
       The House recedes.
     Program Authorized
       62. Identical provisions, but the Senate amendment uses the 
     heading, ``in general.''
       Legislative counsel.
     State Allocations
       63. Identical provisions, but the House bill uses the term, 
     ``entitled'', when the Senator uses the term, ``eligible.''
       The Senate recedes.
       64. Identical provisions, but the Senate amendment uses the 
     heading, ``in general.''
       Legislative Counsel.
       65. Similar provisions, except the House bill allows the 
     Secretary to reduce funds to a state if they ``exceed the 
     amount required'', whereas the Senate allows it if ``such 
     amount is not needed.''
       The Senate recedes.
       66. Identical provisions, except the House bill applies the 
     consortium requirement to States with grants of $1m or less, 
     whereas the Senate amendment applies it to States with grants 
     of $500,000 or less.
       The Senate recedes.
       67. Similar provisions, with technical differences in the 
     wording.
       Legislative Counsel.
       68. The House bill requires the Secretary to develop a more 
     accurate methods for determining the summer (which may 
     include intersession) child count and reimbursement level; 
     the Senate amendment requires the Secretary to adjust the 
     overall child count by factoring in summer programs, 
     intersession programs, designs, and programs which operate 
     through stop-over centers.
       The House recedes with these amendments: rewrite paragraph 
     (2) as follows, ``develop and implement a procedure for more 
     accurately reflecting cost factors for different types of 
     summer programs and for intersession programs;'' add a new 
     number (3) as follows, ``adjust the full-time equivalent 
     number of migratory children who reside in each State to take 
     into account the special needs of those children 
     participating in special programs provided under this part 
     that operate during the summer and intersession periods;'' 
     renumber number (3) accordingly.
       69. The House bill, but not the Senate amendment requires 
     the Secretary to consider alternatives for adjusting the 
     formula for a child whose education has been interrupted.
       The Senate recedes.
     State Applications
       70. Identical provisions, except only the House bill 
     extends the paragraph to require that migratory status be 
     recorded on State student collection data.
       The House recedes.
       71. The Senate amendment, but not the House bill, includes 
     ``all'' before migratory students.
       The House recedes.
       72. The Senate amendment, but not the House bill, applies 
     the terms ``State content'' and ``State student'' to 
     ``standards.''
       The House recedes.
       73. Identical provisions, except the Senate amendment adds 
     the phrase, ``and the amount of funds that such agencies will 
     provide to identical schools.''
       The Senate recedes.
       74. The House bill, but not the Senate amendment, requires 
     budgetary and other information.
       The Senate recedes.
       75. Identical provisions, but the Senate amendment places 
     it within ``authorized activities'', section 1406(b)(1)(C).
       Legislative Counsel.
       76. Technical conforming differences. (The section numbers 
     cited in both bills refer to the following provisions: 
     schoolwides, targeted assistance, assignment of personnel, 
     private school children, supplement not supplant, 
     comparability of services, and General Provisions.)
       Legislative Counsel.
       77. Identical, except the House bill uses the phrase, 
     ``lasting a school year'', when the Senate amendment uses, 
     the phrase, ``of one school year in duration.''
       Legislative Counsel.
       78. The House bill, but not the Senate amendment, requires 
     the preschool needs be met.
       The Senate recedes.
       79. The Senate amendment requires that, ``to the extent 
     feasible'', programs provide advocacy and outreach, 
     professional development, family literacy, integration of 
     technology, transition activities to postsecondary education 
     or employment. (For comparable House bill provision, see note 
     #87.)
       The House recedes.
       80. Technical conforming difference.
       Legislative Counsel.
       81. Identical provisions, except the Senate amendment adds 
     the phrases, ``State content standards'' and ``student 
     performance standards.''
       The House recedes.
       82. The House bill, but not the Senate amendment, extends 
     the ``continuation of services'' to a third category--
     secondary schools students to be served in credit accrual 
     programs.
       The Senate recedes.
     Comprehensive Needs Assessment
       83. The House bill, but not the Senate amendment, requires 
     that the plan be integrated with any plan submitted under 
     Title III of Goals 2000 and with other plans under the 
     School-to-Work Act and the Perkins Act.
       The Senate recedes with an amendment striking ``(A) and 
     (B)'' of paragraph (1) and replacing with ``is integrated 
     with other programs under this Act, the Goals 2000 Act, and 
     other acts, as appropriate, consistent with section 14706'', 
     which is the standard Goals coordination language.
       84. The House bill, but not the Senate amendment, requires 
     that the plan be integrated with other State plans, where 
     such plans exist, if no plan is being developed under the 
     Goals 2000.
       The House recedes.
       85. Identical provisions, except the Senate amendment 
     applies the phrases, ``State content'' and ``challenging 
     State student'' to ``standards.''
       The House recedes.
       86. Identical provisions, except the Senate amendment makes 
     the requirement applicable to only ``part A'' of Title VII.
       Legislative Counsel
       87. Similar provisions, except the provisions in the Senate 
     amendment appear under the section describing use of funds 
     (see note #79) and paragraphs (C) and (D) of each bill are 
     slightly modified.
       The House recedes.
       88. The Senate amendment, but not the House bill, requires 
     that the comprehensive plan, with modifications, remain in 
     effect for the duration of the State's participation.
       The House recedes.
       89. The House bill, but not the Senate amendment, allows 
     the State to satisfy the requirements of the section through 
     a reference to the applicable sections under a plan approved 
     under Goals 2000,
       The House recedes.
       90. Technical conforming difference.
       Legislative Counsel
       91. The Senate amendment, but not the House bill notes that 
     nothing in this part shall be construed to prohibit an LEA 
     from serving migrant students with other students.
       The House recedes.
       92. The House bill requires that the ``authorized 
     activities'' (described in subsection 1306(b)) shall no 
     longer apply if funds are used under a ``schoolwide plan''; 
     the Senate amendment requires that funds shall continue to be 
     used to address the needs of children which result from the 
     effects of a migratory lifestyle and which are not otherwise 
     provided, notwithstanding the requirements of section 1114, 
     (``schoolwide'' programs.)
       The House recedes.
       Coordination of Activities
       The House recedes.
       93. Identical provision, except the House bill uses the 
     phrase, ``State and local educational agencies of their 
     educational programs'', when the Senate amendment uses the 
     term ``such agencies.''
       Legislative Counsel.
       94. The House bill permits awards under this subsection 
     only to nonprofit entities. The Senate amendment permits 
     awards to for-profit, as well as nonprofit, entities.
       The Senate recedes.
       95. The House bill, but not the Senate amendment authorizes 
     grants for up to 5 years.
       The Senate recedes.
       96. The House bill requires the Secretary to convene a 
     panel to assess alternative methods by which student records 
     may be transferred and students may be counted; to report to 
     the Congress on the panel's findings; and provides the 
     Secretary the authority to contract for services. The Senate 
     amendment provides the Secretary authority to extend MSRTS to 
     January 1996 and requires the Secretary to report to Congress 
     on how student records are transferred.
       The Senate recedes with an amendment, replacing the 
     language of the House bill (Section 1308b)) as follows:
       ``The Secretary shall solicit information on how student 
     records are transferred from one school to another and shall 
     solicit recommendations on whether or not new procedures and 
     technologies for record transfer should be employed to better 
     meet the needs of the migrant population. The Secretary shall 
     also seek recommendations on the most effective means for 
     determining the number of students or full-time equivalent 
     students in each State for the purpose of allocating funds 
     under this part.
       ``Not later than April 30, 1995, the Secretary shall report 
     to the Senate Committee on labor and Human Resources and to 
     the House Committee on Education and Labor, its findings and 
     recommendations, and shall include in this report, 
     recommendations for interim measures that may be taken to 
     ensure continuity of services in this program. The Secretary 
     shall assist States in developing effective methods for the 
     transfer of student records and in determining students or 
     full-time equivalent students in each state should such 
     interim measures be required.''
       97. Similar provisions, but the House bill requires the 
     Secretary to reserve ``up to $6m'', when the Senate bill 
     requires that the Secretary reserve, ``not more than $6m.''
       Legislative Counsel.
       98. The House bill uses the term ``competitive'' when the 
     Senate amendment uses the term, ``incentive'' in describing 
     the grants. The House recedes. The House bill requires, the 
     Senate amendment allows, the Secretary to reserve $1.5m for 
     consortium grants.
       The Senate recedes with an amendment striking ``$100,000'' 
     and inserting $250,000.''
       99. The House bill, but not the Senate amendment, requires 
     that a minimum of 10 grants be awarded to States with 
     allocations of less than $1m.
       The Senate recedes.
       100. The House bill, but not the Senate amendment, 
     authorizes the Secretary to award a grant of up to $3m for a 
     distance learning program.
       The House recedes.
     Definitions
       101. Technical difference in wording. The House bill places 
     the definitions in a separate section. The Senate amendment 
     places the definitions in subsection (a) of section 1402, 
     ``Program authorized.''
       Legislative Counsel.
       102. The House bill uses the term, ``parent or spouse'', 
     when the Senate amendment uses, ``parent or guardian''. The 
     House recedes with an amendment to add spouse. The House 
     makes eligibility based on up to ``24'' months after a move, 
     when the Senate amendment makes it based on ``48'' months.
       The House recedes with an amendment to insert ``spouse'' 
     after ``guardian'' and establishing the period for 
     eligibility under the migrant Education program at 36 months.
       103. The Senate amendment, but not the House bill, extends 
     the definition of ``migrant'' to one who resides in a school 
     district of a specified size and migrates a distance of at 
     least 20 miles.
       The House recedes.
       104. The House bill, but not the Senate amendment, makes 
     ``36'', rather than ``24'' preceding months applicable in 
     fiscal year 1995.
       The House recedes.
       105. The Senate amendment, but not the House bill, defines 
     the term, ``stop-over center'' which would be used in the 
     determination of eligible children in a state.
       The Senate recedes.
       106. The Senate amendment, but not the House bill, defines 
     the term, ``fishing activity.''
       The Senate recedes.
       Section 1310(2)(A) provides that migrant students are 
     eligible to receive services under this part for up to three 
     years from the date of their last migration. The conference 
     agreement reduces from six years to three years the length of 
     time a migrant child is eligible for such services. The 
     reduction in eligibility will concentrate the limited migrant 
     education resources on those children who most recently 
     migrated thereby enhancing the quality and depth of migrant 
     education services per eligible child. It should be clear 
     that this reduction in eligibility is not intended to 
     jeopardize the level of funding provided for migrant 
     education, and that the need for increased funding provided 
     for migrant education, and that the need for increased 
     funding is still great. The Managers recognize that the 
     educational deficiencies caused by migration are significant 
     and that supplemental services, including the facilitation of 
     parental involvement, provided to migrant students under this 
     part are critical.

    Part D--Prevention and Intervention Programs for Youth Who Are 
           Neglected, Delinquent, or at Risk of Dropping Out

     Findings; Purpose; Program Authorized
       107. The House bill entitles this part ``Part D--Prevention 
     and Intervention Services for Delinquent Youth and Youth at 
     Risk of Dropping Out.'' The Senate amendment refers to this 
     part as ``Part E--Education for Neglected and Delinquent 
     Youth.''
       The Senate recedes with an amendment providing a new 
     heading for this part--``PART D--PREVENTION AND INTERVENTION 
     PROGRAMS FOR YOUTH WHO ARE NEGLECTED, DELINQUENT, AND AT RISK 
     OF DROPPING OUT''.
       108. The House bill, but not the Senate amendment, includes 
     ``FINDINGS'' in the title and lists nine findings related to 
     academic achievement, dropping out, and delinquency.
       The Senate recedes.
       109. The House bill, but not the Senate amendment, refers 
     to improving services to children in ``local and State'' 
     institutions for delinquent children. The Senate amendment, 
     but not the House bill, includes as one of the purposes of 
     this part, the provision of services to neglected children.
       The Senate recedes with an amendment adding ``neglected 
     or'' to the statement of purpose.
       110. The Senate amendment, but not the House bill refers to 
     challenging State ``content standards.''
       The House recedes.
       111. Minor drafting/technical differences.
       Legislative Counsel.
       112. The House bill, but not the Senate amendment, 
     includes, as one of the purposes of this part, dropout 
     prevention and programs to support youth returning from 
     institutions.
       The Senate recedes.
       113. The House bill provides that SEAs are to make 
     subgrants to State agencies and local educational agencies. 
     The Senate amendment permits subgrants only to State 
     agencies.
       The Senate recedes.
       114. The House bill, but not the Senate amendment, provides 
     that funds are to be used to establish or improve programs 
     for ``youth at risk of dropping out of school before 
     graduation.'' The Senate amendment, but not the House bill, 
     provides that funds are to be used to establish or improve 
     programs for ``neglected children.''
       The Senate recedes with an amendment adding ``neglected 
     or'' to the program authorization section.
       115. The House bill, but not the Senate amendment, includes 
     a Section on ``Payments for Programs Under this Part.'' This 
     section provides for allocations to States under subpart 1 
     which are to use to make subgrants to State agencies. The 
     section further provides that State shall retain, for 
     purposes of Subpart 2, funds generated throughout the State 
     under Part A which are based on youth residing in local 
     correctional facilities or attending community day programs 
     for delinquent children.
       The Senate recedes.
       116. The House bill, but not the Senate amendment, provides 
     that any funds left over after making grants to State 
     agencies under Subpart 1 be used for . . . (Something appears 
     to be missing in subsection (c); its intention is to say that 
     left over funds may be used for Subpart 2, Local Agency 
     Programs).
       The Senate recedes.
       117. The House bill, but not the Senate amendment, refers 
     to subpart 1--State Agency Programs.
       The Senate recedes.
       118. The House bill titles this section ``Sec. 1403--Amount 
     of Allocation to State.'' The Senate amendment refers to this 
     section as ``Sec. 1503--Allocation of Funds.'' The Senate 
     amendment includes the subtitle ``(a) Subgrants to State 
     Agencies'' and titles paragraph (l) ``In General.'' The House 
     bill refers to subsection ``(a) State Allocation.''
       Legislative Counsel.
       119. The House bill refers to ``Each State educational 
     agency.'' The Senate amendment refers to ``Each State agency 
     described in section 1502 (other than an agency in the 
     Commonwealth of Puerto Rico). The House bill indicates that 
     such agencies are ``eligible to receive under this part.'' 
     The Senate amendment indicates that such agencies are 
     eligible to ``receive a subgrant under this part.''
       120. The House bill bases the allocation of funds on the 
     ``number of delinquent children in state correctional 
     facilities serving youth under the age of 21.'' The Senate 
     amendment bases the allocation on the ``number of neglected 
     or delinquent children described in section 1502.''
       The House recedes.
       121. Both the House bill and the Senate amendment require 
     children who are in education programs in institutions for 
     children to be enrolled for 20 hours per week in such 
     programs. The House amendment refers to ``education programs 
     operated or supported by facilities serving youth.'' The 
     Senate bill refers to ``education programs in institutions 
     for neglected or delinquent children or in community day 
     programs for neglected and delinquent children.''
       The House recedes.
       122. The House bill counts the number of ``delinquent'' 
     children who are enrolled for ``10 hours a week in adult 
     facilities serving youth.'' The Senate amendment counts 
     ``neglected or delinquent'' children and who are enrolled for 
     at least 15 hours per week in education programs in adult 
     correctional institutions.''
       The House recedes.
       123. The Senate amendment, but not the House bill, includes 
     a ``SPECIAL RULE'' providing that the number of neglected or 
     delinquent children determined under paragraph (1) is to be 
     determined by a date or dates set by the Secretary, except 
     that no state agency is required to determine the number of 
     such children on a specific date set by the Secretary. The 
     Senate amendment also provides that the number of children 
     shall be adjusted to reflect the relative length of such 
     agency's annual programs.
       House recedes with an amendment changing ``date or dates'' 
     to ``deadline''.
       124. The House bill refers to the ``amount for the grant''; 
     the Senate amendment refers to the ``amount of the 
     subgrant.''
       Legislative Counsel.
       18A. The House bill refers to ``32 percent''; the Senate 
     amendment refers to ``34 percent''.
       125. The Senate amendment, but not the House bill, includes 
     a subsection (c), providing for ``Ratable Reductions in Case 
     of Insufficient Appropriations,'' which requires the 
     secretary to ratably reduce the amount paid to all agencies 
     if the amount appropriated is insufficient to pay the full 
     amount for which all agencies are eligible under subsections 
     (a) and (b).
       The House recedes.
       126. The Senate amendment, but not the House bill, includes 
     a subsection (d), ``PAYMENTS TO STATE EDUCATIONAL AGENCIES,'' 
     which requires the secretary to pay to each SEA the total 
     amount needed to make subgrants to State agencies in the 
     State. This subsection further permits each SEA to retain a 
     portion of such total amount for State administration.
       The Senate recedes.
       127. The Senate amendment, but not the House bill, contains 
     a section on the ``State Reallocation of Funds,'' which 
     permits the SEA to reallocate any amount that is not needed 
     by a State agency to other State agencies that need 
     additional funds to carryout programs. The SEA is to 
     determine the additional amount to be provided to each State 
     agency.
       The House recedes with an amendment changing ``State 
     agencies'' to ``other eligible State agencies''.
       128. The House bill titles this Section ``State Plan.'' The 
     Senate amendment refers to this section as ``State Plan and 
     State Agency Applications.'' There are technical/drafting 
     differences.
       The House recedes.
       129. The House bill refers to a plan for ``meeting the 
     needs of delinquent youth and children at risk of dropping 
     out.'' The Senate amendment refers to a plan for ``meeting 
     the needs of neglected and delinquent children'' and 
     specifies that such plan shall be revised as updated ``as 
     needed to satisfy the requirements of this section.''
       The House recedes with an amendment striking ``and 
     children'' and adding ``and where applicable, youth at risk 
     of dropping out.''
       130. The House bill, but not the Senate amendment, requires 
     that the State's plan under this part be integrated with the 
     State's plan, either approved or being developed, under Title 
     III of Goals 2000 or is integrated with other State plans 
     under ESEA if the State does not have an approved plan under 
     Goals and is not developing such a plan. The House bill 
     further requires that such plan ``satisfy the requirements of 
     this section.''
       The Senate recedes with an amendment providing that the 
     state plan is integrated with other programs under this Act, 
     the Goals 2000: Educate America Act, or other Acts, as 
     appropriate.
       131. The House bill, but not the Senate amendment, permits 
     the State plan submitted under paragraph (a)(1)(A)(i) to be 
     submitted as an amendment to the State's plan under title III 
     of Goals 2000.
       The House recedes.
       132. The Senate amendment titles this provision 
     ``CONTENTS'' and indicates ``each such State plan shall . . . 
     The House bill indicates Each such plan shall ``also.''
       Legislative Counsel.
       133. The House bill refers to ``State-established'' program 
     goals. The Senate amendment refers to program goals . . . 
     ``established by the State.''
       Legislative Counsel.
       134. Technical wording difference. The House bill refers to 
     ``they would have if they.'' The Senate amendment states ``as 
     such children would have if such children.''
       Legislative Counsel.
       135. The House bill, but not the Senate amendment, requires 
     each State plan to describe the manner in which the State 
     agency will make subgrants.
       The House recedes.
       136. The House refers to Sec. 1408 (this citation should be 
     1411) while the Senate amendment refers to Sec. 1509, both of 
     which are evaluation provisions.
       Legislative Counsel.
       137. The House bill, but not the Senate amendment, requires 
     the State plan to contain assurances that its State agencies 
     comply with all applicable statutory and regulatory 
     requirements.
       The Senate recedes.
       138. The Senate amendment, but not the House bill, contains 
     a paragraph entitled, ``DURATION OF THE PLAN,'' providing 
     that the State's plan stays in effect for the length of the 
     State's participation in the program and is to be ``reviewed 
     and revised . . . as necessary . . . ''
       The House recedes.
       139. The House bill, but not the Senate amendment, requires 
     a State plan to ``provide such other information as the 
     Secretary may reasonably require.''
       The Senate recedes.
       140. Technical/drafting differences.
       Legislative Counsel.
       141. The Senate amendment addresses the issue of agency 
     eligibility in a separate section.
       Legislative Counsel.
       142. The House bill says ``if it'' The Senate bill refers 
     to ``if such agency.''
       Legislative Counsel.
       143. The House bill provides that a State agency is 
     eligible if it provides ``free public education for children 
     in institutions for delinquent children.'' The Senate 
     amendment provides that State agencies are eligible if they 
     provide ``free public education for children in institutions 
     for neglected or delinquent children, children attending 
     community day programs for neglected and delinquent children, 
     or children in adult correctional institutions.''
       The House recedes.
       144. The House bill refers to ``A State agency'' and the 
     Senate amendment refers to ``Any State agency.''
       Legislative Counsel.
       145. The House bill refers to the State plan under Part A 
     ``of this title.'' The Senate amendment refers to the State 
     plan under Part A.
       Legislative Counsel.
       146. The House bill, but not the Senate amendment, requires 
     agency applications to provide assurances that priority will 
     be given, when serving youth in adult correctional 
     facilities, to those youth who are likely to complete 
     incarceration within a two-year period.
       The Senate recedes.
       147. The Senate amendment, but not the House bill, refers 
     to annual updates to be provided ``to the State educational 
     agency.''
       Legislative Counsel.
       148. The House bill refers to Sec. 1408 (should be sec. 
     1411), the Senate amendment to Sec. 1509, their respective 
     sections on evaluations. The House bill requires agencies to 
     describe how the results of the most recent evaluation ``are 
     used'' to plan and improve the program. The Senate amendment 
     asks for a description of how the results ``were used.''
       Legislative Counsel.
       149. Technical differences. The House refers to data 
     showing that the ``agency'' while the Senate amendment refers 
     to the ``State agency.'' The House bill requires the agency 
     to show how it has maintained ``fiscal effort required of a 
     local educational agency.'' The Senate amendment requires the 
     agency to include data showing it ``has maintained fiscal 
     effort as if such agency were a local educational agency.'' 
     Different section citations.
       Legislative Counsel.
       150. The House bill requires an applicant agency to 
     describe how its program will be coordinated with other 
     ``appropriate State and Federal programs and lists JTPA, 
     vocational education, State and local dropout prevention 
     programs, and special education as examples. The Senate 
     amendment refers to coordination with ``State and Federal 
     programs administered by the State agency'' but does not 
     mention any particular programs.
       The Senate recedes with an amendment making the list of 
     programs illustrative rather than mandatory.
       151. The House bill refers to the professional development 
     of ``teachers and other instructional and administrative 
     personnel.'' The Senate amendment refers to ``teachers and 
     other staff.''
       The House recedes.
       152. The House bill refers to ``an institution.'' The 
     Senate amendment refers to ``the institution.''
       Legislative Counsel.
       153. The House bill, but not the Senate amendment, requires 
     the agency to indicate how it will endeavor to coordinate 
     with business for training and mentoring for participating 
     youth
       The Senate recedes.
       154. The House bill, but not the Senate amendment, requires 
     agencies to describe how they will assist in locating 
     alternative programs through which students can continue 
     their education if they are to returning to school.
       The Senate recedes with an amendment changing an item 
     description in the state application to an assurance.
       155. The House bill, but not the Senate amendment, requires 
     agencies to describe how they will work with parents to 
     secure their assistance in improving the educational 
     achievement of their children and preventing their further 
     involvement in delinquent activities.
       The Senate recedes with an amendment changing an item 
     description in the state application to an assurance.
       156. The House bill, but not the Senate amendment, requires 
     agencies to describe how they will work with special 
     education youth in order to meet an existing IEP and to 
     include an assurance that they will notify the youth's local 
     school (if they intend to return to school) if the agency 
     determines, during their time in the facility, that the youth 
     is in need of special education services.
       The Senate recedes with an amendment changing an item 
     description in the state application to an assurance.
       157. The House bill, but not the Senate amendment, requires 
     agencies to describe how they will work with youth who have 
     dropped out of school before entering the facility to re-
     enter school once they leave the facility to provide the 
     youth with the skills necessary to gain employment, continue 
     their education, or achieve a high school equivalency 
     certificate if the youth does not intend to return to school.
       The Senate recedes with an amendment changing an item 
     description in the state application to an assurance.
       158. The House bill, but not the Senate amendment, requires 
     agencies to provide assurances that teachers and other 
     qualified staff are also trained to work with children with 
     disabilities and other students with special needs.
       The Senate recedes.
       159. The House bill, but not the Senate amendment, requires 
     agencies to describe any additional services they will 
     provide to youth, including career counseling and assistance 
     in securing student loans and grants.
       The Senate recedes with an amendment making the listed 
     services illustrative instead of mandatory and adds an 
     ``and'' between ``loans'' and ``grants''.
       160. The House bill, but not the Senate amendment, requires 
     agencies to describe how the program will be coordinated with 
     any programs operated under the Juvenile Justice and 
     Delinquency Prevention Act, if applicable.
       The Senate recedes with an amendment adding ``Prevention'' 
     and ``or other comparable programs''.
       161. The Senate amendment, but not the House bill, uses 
     ``IN GENERAL'' twice.
       The Senate recedes.
       162. Different section citations. The House bill refers to 
     section 1404(a) and the Senate amendment refers to section 
     1505(a).
       Legislative Counsel.
       163. The House bill includes ``high school completion'' as 
     one of the objectives for which program funds may be used.
       The Senate recedes.
       164. The Senate amendment entitles this paragraph ``USES.''
       Legislative Counsel.
       165. Different section citations. The House bill refers to 
     sec. 1406. The Senate amendment refers to sec. 1507. The 
     House bill refers to ``challenging performance standards.'' 
     The Senate amendment refers to ``challenging State content 
     standards and challenging State student performance 
     standards.''
       Legislative Counsel on the section reference.
       The House recedes.
       166. The House bill refers to ``an opportunity to learn to 
     such challenging State standards.'' The Senate amendment 
     refers to ``an opportunity to learn such standards.''
       The Senate recedes.
       167. Minor technical, specifically different section 
     citations. (However, the House citation appears to be 
     incorrect and should probably be sec. 1121(b)).
       Legislative Counsel.
       168. Different section citations. (same as above note 
     concerning House citation). The House refers to ``of this 
     title.''
       Legislative Counsel.
       169. The Senate amendment, but not the House bill, titles 
     this subsection ``PROJECTS AUTHORIZED.''
       Legislative Counsel.
       170. The House bill refers to a State agency that provides 
     a free public education for children ``in an institution for 
     delinquent children.'' The Senate amendment refers to 
     ``children in an institution for neglected or delinquent 
     children (other than an adult correctional institution) or 
     attending a community-day program for such children.''
       The House recedes.
       171. The House bill refers to ``such'' institution. The 
     Senate amendment refers to ``that'' institution.
       Legislative Counsel.
       172. The House bill refers to a plan that provides for a 
     comprehensive assessment of the education needs of all youth 
     in the institution or program serving juveniles and for youth 
     aged 20 and younger in adult facilities who are expected to 
     complete incarceration within a 2-year period.'' The Senate 
     amendment refers to ``all individuals under the age of 21 in 
     the institution or program.''
       The Senate recedes.
       173. The House bill requires a plan to describe the steps 
     the agency will take to provide all children under 21 with 
     the opportunity to meet ``challenging academic and vocational 
     standards.'' The Senate amendment refers to ``challenging 
     State content standards and challenging State student 
     performance standards.
       The House recedes.
       174. The House bill states such standards are to ``improve 
     the likelihood that the students will complete ``high school, 
     attain high school equivalency, or find employment after 
     leaving the institution.'' The Senate amendment states that 
     such standards are to ``improve the likelihood that such 
     children will complete secondary school and find employment 
     after leaving the institution.''
       The Senate recedes.
       175. The House bill refers to the provision of ``mentors 
     for secondary school students.'' The Senate amendment refers 
     to ``mentors for students.''
       The House recedes.
       176. The House bill refers to ``services in institutions 
     for delinquent children.'' The Senate amendment refers to 
     ``services in institutions or community-day programs for 
     neglected or delinquent children.''
       The House recedes.
       177. The Senate amendment refers to ``such teachers and 
     personnel.'' The House bill refers to ``them.''
       Legislative Counsel.
       178. The Senate amendment, but not the House bill requires 
     State agencies, beginning with the 1996-1997 school year, to 
     use funds received under this part only for institution--wide 
     projects, except as provided in section 1510, relating to 
     transition services.
       The Senate recedes.
       179. The House bill indicates a State agency's application 
     may be approved for a period ``not to exceed 3 years.'' The 
     Senate amendment provides ``not more than three years.''
       Legislative Counsel.
       180. The House requires each State agency to reserve not 
     more than 10 percent of the amount it receives to support 
     projects that facilitate the transition of children from 
     State-operated institutions to local educational agencies. 
     The Senate amendment allows State agencies to reserve up to 
     10 percent to facilitate the transition of children from 
     State-operated institutions ``for neglected and delinquent 
     children into locally operated programs.''.
       The Senate recedes.
       181. The House bill requires that funds reserved for 
     transition services be used only to provide ``transitional 
     educational services.'' The Senate amendment refers to 
     ``special educational services.''
       The Senate recedes.
       182. The House bill includes ``counseling and mentoring.'' 
     The Senate amendment includes ``pupil services and 
     mentoring.'' The House bill refers to ``delinquent 
     children.'' The Senate amendment refers to ``neglected and 
     delinquent children.''
       The House recedes.
       183. The Senate amendment includes a subsection entitled, 
     ``CONSTRUCTION'', which provides that nothing in this section 
     is to be construed to prohibit a school that receives funds 
     subsection (a) from serving neglected and delinquent children 
     simultaneously with students with similar educational needs, 
     in the same educational settings, where appropriate.
       The House recedes.
       184. The House bill, but not the Senate amendment contains 
     ``Subpart 2--Local Agency Programs.'' From funds retained at 
     the State level based on counts of delinquent youth within 
     the State, the SEA is required to make subgrants to local 
     school districts with the largest number or percentage of 
     delinquents and dropouts in order to operate prevention and 
     intervention programs. Local educational agencies receiving 
     such funds would be required to form partnerships with local 
     facilities housing students from their school district in 
     order to ensure that the education received by youth in such 
     facilities is comparable to that of their peers in their 
     local schools. In addition, local schools would operate 
     dropout prevention programs in order to raise academic 
     achievement among youth at risk of dropping out and of 
     involvement in delinquent activities. Local facilities would 
     be required to provide educational assistance to those 
     students returning to local schools. In addition, for those 
     youth not returning to local schools, facilities would be 
     required to assist in funding alternative education programs 
     for such youth or to provide job training and other 
     employment-related services. Eligible school districts 
     meeting the criteria outlined in this section would 
     participate in this program on a voluntary basis.
       The Senate recedes with an amendment substituting new 
     language for subsections (a) through (c) of section 1410 
     (Programs Operated by Local Educational Agencies), changing 
     most of the local application requirements to assurances, 
     making references to other Acts illustrative in relation to 
     coordination requirements, clarifying that the listed uses of 
     funds are ``where appropriate,'' and the program requirements 
     for local correctional facilities are ``where feasible''.
       185. The House bill requires ``Each State agency or local 
     educational agency that conducts a program under subpart 1 or 
     2 to evaluate the program.'' The Senate amendment requires 
     ``Each State agency that conducts a program or project'' to 
     evaluate the program. Both bills require the evaluation to 
     occur at least once every three years and to disaggregate 
     data on participation by sex, and, if feasible, by race, 
     ethnicity, or age. However, there are technical/drafting 
     differences.
       The Senate recedes.
       186. The House bill refers to ``high school graduation.'' 
     The Senate amendment refers to ``secondary school 
     graduation.''
       Legislative Counsel.
       187. The House bill requires the program to evaluate, ``for 
     delinquent youth'' the ability of participants to make the 
     transition to a regular program. . . .'' The Senate amendment 
     does not limit this requirement to delinquent youth.
       The House recedes
       188. The House bill requests the evaluation to determine 
     the impact of the program on the ability of participants to 
     complete ``high school (or high school equivalency 
     requirements).'' The Senate amendment refers to ``the 
     completion of secondary school.''
       The Senate recedes.
       189. The House bill refers to ``a State agency or local 
     educational agency.'' The Senate amendment refers only to ``a 
     State agency.''
       The Senate recedes.
       190. The House bill refers to ``each State agency or local 
     educational agency.'' The Senate amendment refers only to 
     ``each State agency.''
       The Senate recedes.
       191. The House bill requires State agencies to ``submit 
     evaluation results to the State educational agency. The 
     Senate amendment requires submission of ``results of each 
     evaluation under this section'' to the SEA.
       The Senate recedes.
       192. Technical/drafting differences.
       Legislative Counsel.
       193. The House bill, but not the Senate amendment, includes 
     a definition for ``at risk youth.''
       The Senate recedes.
       194. The House bill defines community-day programs for 
     ``delinquent youth.'' The Senate amendment defines community-
     day programs for ``neglected or delinquent youth.''
       The House recedes
       195. The Senate amendment, but not the House bill, defines 
     ``institution for neglected children.''
       The House recedes
     Assistance to Address School Dropout Problems
       1. The Senate amendment, but not the House bill, authorizes 
     grants to educational service organizations and consortia 
     thereof for a wide range of programs to prevent dropouts, 
     identification of potential dropouts, and school completion 
     programs. The Senate amendment authorizes appropriations in 
     the amount of $50 million for fiscal year 1995 and such sums 
     as may be necessary for each of the 4 succeeding fiscal 
     years.
       The House recedes with an amendment (i) placing this 
     authorization in part C of title V of ESEA, (ii) adding a 
     provision relating to continuation assistance, (iii) 
     clarifying that ``students reentering school'' includes youth 
     returning to school from a correctional or other facility 
     operated for delinquent youth, (iv) providing that addressing 
     factors in a student's decision to drop out of schools 
     includes ``activities and services to designed to meet the 
     needs of pregnant and parenting teenagers'', and (v) adding 
     ``gender'' to the data categories of the annual report to 
     Congress.


               title ii--improving teaching and learning

     Part A--Dwight D. Eisenhower Professional Development Program

     Findings
       The House bill refers to ``reaching the National Education 
     Goals''; the Senate amendment refers specifically to goals 
     three and five and restates each of these goals. The Senate 
     recedes with an amendment adding ``particularly Goals 3, 4 
     and 5'' after ``National Education Goals.''
       The House bill refers to ``achieving these goals''; the 
     Senate amendment refers to ``achieving these two goals.'' The 
     Senate recedes.
       The House bill, but not the Senate amendment, states the 
     development and adoption of high quality curriculum is a 
     means of helping teachers provide challenging learning 
     experiences for students. The House recedes.
       The House bill, but not the Senate amendment, includes a 
     finding which states that decisions about State or local 
     activities to improve teaching and learning are best made by 
     individuals closest to the classroom. The Senate recedes.
       The House bill refers to ``subject-specific pedagogical 
     skills''; the Senate amendment refers to ``effective subject-
     specific pedagogical skills.'' The House recedes.
       The Senate amendment, but not the House bill, includes 
     ``pupil services personnel'' in the team. The House recedes 
     with an amendment clarifying that, where appropriate, 
     professional development services may be provided to pupil 
     services personnel and to administrators.
       The Senate amendment, but not the House bill, includes 
     teacher educators, pupil services personnel, and parents in 
     the professional network. The House recedes with an amendment 
     clarifying that, where appropriate, the professional network 
     may include teacher educators, pupil services personnel, 
     administrators, and parents.
       The Senate amendment, but not the House bill, includes a 
     sub-finding regarding how 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 
     professional development. The House recedes with an amendment 
     clarifying that, where appropriate, pupil services personnel, 
     administrators, and parents can, in partnership with 
     teachers, develop and implement professional development 
     activities.
       The Senate amendment, but not the House bill, includes a 
     sub-finding regarding how new and innovative strategies for 
     teaching will require time outside of teaching for teachers 
     for instruction, practice, and collegial collaboration. The 
     House recedes.
       The House bill, but not the Senate amendment, includes a 
     finding which states that engaging teachers in the 
     development of high quality curricula is a powerful 
     professional development activity that improves teaching and 
     learning. The House recedes.
       The House bill, but not the Senate amendment, includes a 
     finding which states SEAs and LEAs need to engage teachers in 
     the development of high quality curricula that are aligned 
     with State or local content and performance standards in 
     order to improve teaching and learning. The House recedes.
       The House bill, but not the Senate amendment, states that 
     curricula development is almost nonexistent in many State and 
     local school systems. The House recedes.
       The House bill states that the Federal Government has a 
     vital role in helping States and local educational agencies 
     in providing professional development; the Senate amendment 
     states that the Federal Government has a vital role in 
     helping provide professional development. The Senate recedes.
       The House bill, but not the Senate amendment, states that 
     the Federal Government has a vital role in providing 
     assistance to State and local educational agencies in the 
     development of high quality curricula that are aligned with 
     State or local content and performance standards. The House 
     recedes.
       The Senate amendment, but not the House bill, includes a 
     finding which states that professional development activities 
     must prepare teachers, pupil services personnel, 
     paraprofessionals, and other staff in effective prevention 
     and intervention strategies to alleviate the need, and assure 
     appropriate referral for special education services and to 
     prepare staff to work collaboratively with mainstreamed 
     special education students consistent with each student's 
     IEP. The House recedes with an amendment striking ``effective 
     prevention and intervention strategies to -'' and replaces it 
     with ``the collaborative skills needed to appropriately teach 
     children with disabilities in the core academic subjects.''; 
     striking ``consistent with the individualized education 
     program.''
       This amendment clarifies that professional development 
     activities must prepare teachers, pupil services personnel, 
     paraprofessionals, and other staff in the collaborative 
     skills needed to appropriately teach children with 
     disabilities in the core academic subjects.
       The Senate amendment, but not the House bill, includes a 
     finding which states that professional development activities 
     which are designed in cooperation with parents and that focus 
     on the complex social, emotional, and mental health needs of 
     children that may impede learning can help teachers, 
     administrators, and pupil services personnel assist children 
     in overcoming barriers to academic success. The Senate 
     recedes.
       The Senate amendment, but not the House bill, includes a 
     finding which states that 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 professional development activities. The 
     Senate recedes.
       The Senate amendment, but not the House bill, includes a 
     finding which outlines the importance of parental involvement 
     and the need to provide parental training and development. 
     The House recedes with an amendment clarifying that 
     professional development should include methods and 
     strategies to better prepare teachers and, where appropriate, 
     administrators, to enable parents to participate fully and 
     effectively in their children's education.
     Purposes
       The House bill, but not the Senate amendment, states that 
     the purposes of this part are to provide assistance to SEAs, 
     LEAs, and institutions of higher education with teacher 
     education programs so that such agencies can determine how 
     best to improve the teaching and learning of all students. 
     The Senate recedes.
       The House bill refers to ``sustained and intensive high-
     quality professional development''; the Senate amendment 
     refers to ``high-quality professional development.'' The 
     Senate recedes with an amendment to ensure that access to 
     professional development is provided to other staff and 
     administrators, where appropriate.
       The House bill refers to ``challenging State content and 
     performance standards in the core academic subjects''; the 
     Senate amendment refers to ``challenging State content 
     standards and challenging State student performance 
     standards.'' The House recedes.
       The Senate amendment, but not the House bill, states that a 
     purpose of this part is to support the development and 
     implementation of sustained and intensive high-quality 
     professional development activities in the core academic 
     subjects. The House recedes.
       The House bill lists descriptive factors regarding what 
     constitutes professional development under one purpose 
     statement; the Senate amendment includes a separate purpose 
     statement stating that is the purpose of this part to help 
     ensure that teachers, administrators, other staff, pupil 
     services personnel, and parents have access to professional 
     development, and then lists the descriptive factors. The 
     House recedes with an amendment clarifying that access to 
     professional development should be provided, where 
     appropriate, to administrators, other staff, pupil services 
     personnel, and parents.
       The House bill refers to ``challenging State and local 
     curriculum content and student performance standards''; the 
     Senate amendment refers to ``challenging State content 
     standards and challenging State student performance 
     standards.'' The House recedes.
       The House bill refers to ``diverse students''; the Senate 
     amendment refers to ``diverse student populations.'' The 
     House recedes.
       The House bill refers to ``challenging performance 
     standards''; the Senate amendment refers to ``challenging 
     State student performance standards''. The House recedes.
       The House bill, but not the Senate amendment, includes an 
     additional purpose of this part of assisting State and local 
     educational agencies to engage teachers in the development of 
     high quality curriculum that is aligned with State or local 
     content and performance standards. The House recedes.
     Authorization of Appropriations; Allocation Between Subparts
       The House bill directs the Secretary to reserve 5 percent 
     of the funds appropriated to carry out the Federal 
     Activities; the Senate amendment directs the Secretary to 
     reserve 5 percent of the amount appropriated to carry out the 
     Federal Activities, but requires that 10 percent of the 5 
     percent be available to carry out the National Teacher 
     Training Project. The House recedes with an amendment 
     setting-aside 5 percent of the Secretary's reservation to be 
     used to carry out the National Teacher Training Project.
       The House bill directs the Secretary to reserve 95 percent 
     of the funds appropriated to carry out State and Local 
     Activities; the Senate amendment directs the Secretary to 
     reserve 93.75 percent to carry out State and Local 
     Activities. The House recedes with an amendment directing the 
     Secretary to reserve 94 percent of the funds appropriated to 
     carry out State and Local Activities.
       The Senate amendment, but not the House bill, directs the 
     Secretary to reserve 1.25 percent of the funds appropriated 
     to carry out the Professional Development Demonstration 
     Project. The House recedes with an amendment directing the 
     Secretary to reserve 1 percent to carry out the Professional 
     Development Demonstration Project, except that for each of 
     the fiscal years 1996 through 1999, the total dollar amount 
     for the demonstration project shall not exceed the amount 
     received in FY 1995.

                     Subpart 1--Federal Activities

     Program Authorized
       The House bill refers to ``other organizations''; the 
     Senate amendments refers to ``organizations.'' The House 
     recedes.
       The House bill refers to ``activities of national 
     significance that will contribute''; the Senate amendment 
     refers to ``activities of national significance that the 
     Secretary determines will contribute.'' The House recedes.
       The House bill refers to ``core academic subject areas''; 
     the Senate amendments refers to ``core academic subjects.'' 
     The House recedes.
       The House bill, but not the Senate amendment, includes as 
     an authorized activity supporting the development of 
     challenging curriculum that is aligned with State or local 
     content and performance standards. The House recedes.
       The House bill authorizes the Secretary to evaluate 
     activities under the subpart and subpart 2; the Senate 
     amendment authorizes the Secretary to evaluate activities 
     under this subpart and subpart 2 in accordance with section 
     10701 (the evaluation requirements under the ESEA general 
     provisions). The House recedes.
       The Senate amendment, but not the House bill, requires the 
     Secretary to coordinate professional development programs 
     within the Department, particularly within OERI. The House 
     recedes with an amendment requiring the Secretary to also 
     coordinate professional development programs with OSERS
       The Senate amendment, but not the House bill, requires the 
     Secretary to consult and coordinate with the Institute of 
     Museum Services. The House recedes.
     Authorized Activities
       Explanatory Note: The House bill list four activities (seed 
     money to eligible entities; development and maintenance of a 
     national clearinghouse for science, math, and technology; 
     support consortia in disseminating information; and the 
     evaluation of this subpart) which the Secretary must carry 
     out and several optional activities; the Senate amendment 
     only lists optional activities.
       The House bill requires the Secretary to provide seed money 
     to eligible entities; the Senate amendment allows the 
     Secretary to provide seed money to eligible entities. The 
     Senate recedes.
     Eisenhower National Clearinghouse for Mathematics and Science 
         Education
       The House bill includes the requirements for the 
     Mathematics and Science Education Clearinghouse as part of a 
     section; the Senate amendment places the authorization for 
     the Clearinghouse in a separate section. The Senate recedes.
       The House bill, requires the Secretary to use funds to 
     develop and maintain a national clearinghouse for science, 
     mathematics, and technology education materials and requires 
     that it be administered as an adjunct clearinghouse of the 
     ERIC system supported by OERI; the Senate amendment allows 
     the Secretary to establish an Eisenhower national 
     clearinghouse for mathematics and science education; 
     delineates the duration of the grant, the use of funds, and 
     other requirements with regard to the clearinghouse. The 
     House recedes with an amendment requiring the Secretary to 
     award a grant or contract to establish the National 
     Clearinghouse.
       The House bill requires the Secretary to use funds to 
     support consortia of educational agencies and organizations 
     in disseminating information and providing assistance 
     regarding curricula, teaching methods, and assessment tools 
     that support national or State content standards in 
     mathematics and science; the Senate amendment has a similar 
     provision in its technical assistance program, but it is only 
     concerned with mathematics and science. The House recedes.
       The House bill requires the Secretary to use funds to 
     evaluate programs under this subpart (Federal Activities) and 
     Subpart 2 (State and Local Activities); the Senate amendment 
     allows the Secretary to use funds to evaluate programs under 
     this subpart and subpart 2 in accordance with section 10701 
     (the ESEA general provisions requirements regarding 
     evaluation). The Senate recedes with an amendment clarifying 
     that the valuations be conducted in accordance with the ESEA 
     provisions regarding evaluations.
       The House bill requires that any national clearinghouses 
     for core academic subjects that are established be 
     administered as adjunct clearinghouses for the ERIC system of 
     clearinghouses supported by the Office of Educational 
     Research and Improvement; the Senate amendment allows the 
     Secretary to develop and maintain a national clearinghouse 
     for each core academic subject as the Secretary determines 
     necessary. The Senate recedes.
       The House bill, but not the Senate amendment, allows the 
     Secretary to provide grants to entities to develop high 
     quality curricula that are aligned with voluntary national or 
     State content standards. The House recedes.
       Both the House bill and the Senate amendment allow the 
     Secretary to use funds for professional development 
     institutes, but the House bill allows the Secretary to 
     ``sponsor'' such institutes and refers to teachers and 
     administrators as the participants; the Senate amendment 
     refers to teams of teachers or teachers, administrators, 
     pupil services personnel, and other staff from individual 
     schools as the participants. The House recedes with an 
     amendment clarifying that the institutes may serve, where 
     appropriate, administrators, pupil services personnel, and 
     other staff.
       The House bill, but not the Senate amendment, allows the 
     Secretary to use funds to train teachers in the innovative 
     uses and applications of technology to enhance student 
     learning. The Senate recedes.
       Both the House bill and the Senate amendment allow the 
     Secretary to use funds to encourage the development of local 
     and national professional networks, but the House bill states 
     that such networks should be ``of educators''; the Senate 
     amendment gives an illustrative example of the networks, and 
     states that the network should ``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. The House recedes with an amendment further 
     clarifying that the list of examples is illustrative.
       Both the House bill and the Senate amendment have similar 
     allowable activities with regard to dissemination of 
     standards (with some minor phrasing and drafting 
     differences), but the House bill refers to ``disseminate 
     standards'' while the Senate amendment refers to 
     ``development and dissemination of teaching standards.'' The 
     House recedes with an amendment clarifying that the teaching 
     standards be model standards including the dissemination of 
     voluntary national content and performance standards and 
     related models of high quality professional development.
       The House bill refers to ``voluntary national content and 
     performance standards''; the Senate amendment refers to 
     ``voluntary national content standards and voluntary national 
     performance standards.'' The House recedes with an amendment 
     adding State content standards and State performance 
     standards.
       The House bill, but not the Senate amendment, allows the 
     Secretary to use funds for efforts to train teachers in 
     innovative uses of applied learning strategies such as 
     service learning. The Senate recedes with an amendment 
     rewriting the House provision to include efforts to train 
     teachers in innovative instructional methodologies designed 
     to meet the diverse learning needs of individual students, 
     including methodologies which integrate of academic and 
     vocational learning and applied learning; and interactive, 
     interdisciplinary team teaching, and other alternative 
     strategies such as service learning, experiential learning, 
     career-related education, and environmental education, that 
     integrate real world applications into the core academic 
     subjects.
       The House bill refers to ``achieve challenging performance 
     standards''; the Senate amendment refers to ``challenging 
     State student performance standards.'' The House recedes.
       The Senate amendment, but not the House bill, allows the 
     Secretary to use funds for the development of exemplary 
     methods of assessing teachers, other staff, and 
     administrators for licensure and certification. The Senate 
     recedes.
       The Senate amendment, but not the House bill, allows the 
     Secretary to use funds for the development and testing of 
     incentive strategies for motivating teachers, administrators, 
     and pupil services personnel to increase their effectiveness 
     through professional development. The Senate recedes.
       The Senate amendment, but not the House bill, allows the 
     Secretary to use funds for the development of innovative 
     intervention and prevention strategies with regard to special 
     education services. The House recedes with an amendment 
     striking ``(A) alleviate the need, or assure appropriate 
     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.'' and replacing it with the 
     following after ``strategies to'' ``: develop activities to 
     prepare teachers, and where appropriate, pupil services 
     personnel and other staff, in the collaborative skills needed 
     to appropriately teach children with disabilities in the core 
     academic subjects.''
       The amendment effectively allows the Secretary to develop 
     activities to prepare teachers, and where appropriate, pupil 
     services personnel and other staff, in the collaborative 
     skills needed to appropriately teach children with 
     disabilities in the core academic subjects.
       The Senate amendment, but not the House bill, allows the 
     Secretary to use funds for encouraging the development of 
     innovative models for recruitment, induction, retention and 
     assessment of new, highly qualified teachers, especially 
     teachers from historically under-represented groups. The 
     House recedes.
       The Senate amendment, but not the House bill, allows the 
     Secretary to use funds for joint activities with other 
     Federal agencies and entities engaged in or supporting 
     similar professional development efforts. The House recedes.
       The Senate amendment, but not the House bill, allows the 
     Secretary to use funds for the development of programs which 
     prepare teachers to incorporate environmental education in 
     the core academic subjects. The Senate recedes.
       The House bill, but not the Senate amendment, requires the 
     Secretary, when carrying out the mandatory activities in 
     subjection (a), to ensure that each program, project, and 
     activity listed in subsection (a) receive an allocation that 
     is no less than the amount that each received in fiscal year 
     1994. The House recedes.
     National Teacher Training Project
       The Senate amendment, but not the House bill, creates a new 
     program entitled the ``National Teacher Training Project 
     Act'' which authorizes the Secretary to award not more than 
     10 grants to eligible recipients to support and promote the 
     establishment of teacher training programs (based on the 
     National Writing Project model) in early childhood 
     development and, to the extent feasible, in each of the 9 
     core academic subjects; to support classroom research on 
     effective teaching; and to pay the Federal share of the costs 
     of the program. The House recedes with an amendment requiring 
     that 5 percent of the Secretary's set-aside for national 
     activities be used to carry out this program.

                 Subpart 2--State and Local Activities

     Program Authorized
       The House bill, but not the Senate amendment, authorizes 
     the Secretary to make grants to SEA's for the development by 
     teachers and others of high-quality curricula that are 
     aligned with State or local content and performance 
     standards. The House recedes.
     Allocation of Funds
       Within-State Allocations
       The House bill authorizes States to reserve not more than 
     5% of the funds a State receives for the administrative costs 
     of programs carried out by the SEA and by the State agency 
     for higher education; the Senate amendment authorizes the 
     State to reserve not more than 5% of 75% of the amount of 
     funds a State receives for SEA administrative costs (the 
     Senate amendment does provide for administrative costs for 
     the State agency for higher education). The House recedes 
     with an amendment authorizing the State to reserve 84 percent 
     of the funds received for local activities.
       The House bill authorizes States to reserve not more than 
     5% of the funds a State receives to carry-out State level 
     activities consistent with section 2125 of the House bill; 
     the Senate amendment authorizes States to reserve not more 
     than 5% of 75% of the amount of funds a State receives for 
     State-level activities, consistent with section 2126 of the 
     Senate amendment. The House recedes with an amendment which 
     allows States to reserve 5 percent of 84 percent of the funds 
     received for State administrative costs and for State-level 
     activities.
       The House bill, after allowing States to reserve a total of 
     not more than 10% of the amount of funds a State receives for 
     SEA and higher education agency administration and state 
     activities, requires that 87% of the remaining funds be 
     distributed to LEAs on the basis of a formula; the Senate 
     amendment requires that 75% of the amount of funds a State 
     receives be available for State and local activities, and 
     then allows States to reserve not more than a total of 10% of 
     that 75% for SEA administration and activities. The House 
     recedes.
       The House bill, after allowing States to reserve a total of 
     not more than 10% of the amount of funds a State receives for 
     SEA and higher education agency administration and state 
     activities, requires that 13% of the remaining funds be used 
     for competitive grants to institutions of higher education; 
     the State amendment requires that 25% of the funds a State 
     receives shall be available to the State agency for higher 
     education. The House recedes with an amendment which requires 
     that 16 percent of the funds the State receives shall be 
     available for higher education activities except that no 
     State agency for higher education shall receive less than was 
     received in fiscal year 1994.
       The House bill allows not more than 5% of a State's 
     allocation to be used for administrative costs by the SEA and 
     the State agency for higher education; the Senate amendment 
     allows that not more than 5% of the amount reserved for the 
     State agency for higher education be used for administrative 
     costs for that agency. The House recedes.
       Consortium Requirement
       The House bill requires an LEA which receives an allocation 
     of less than $10,000 under subsection (a) to form a 
     consortium with at least 1 other LEA or institution of higher 
     education which receives assistance under this section; the 
     Senate amendment requires an LEA, which receives an 
     allocation of less than $10,000 under this part, to form a 
     consortium with another LEA or with an educational service 
     agency serving another LEA in order to be eligible to 
     participate in programs assisted under this part. The House 
     recedes.
       The House bill requires the SEA to waive the consortium 
     requirement if an LEA can demonstrate that the amount 
     received allows the LEA to provide a program of sufficient 
     size, scope, and quality to be effective and, when granting 
     the waiver, the SEA must give special consideration to LEA's 
     serving rural areas and consider State or local cash or in-
     kind contributions that may be combined with an LEA's 
     allocation to provide services under this part; the Senate 
     amendment allows the chief State school officer to waive the 
     consortium requirement if distances or traveling time between 
     schools make formation of the consortium, more costly or less 
     effective. The Senate recedes with an amendment allowing SEAs 
     to waive the consortia requirement and requiring SEAs to give 
     special consideration to rural LEAs if distances or traveling 
     time between schools make formation of the consortium more 
     costly or less effective.
       The Senate amendment, but not the House bill, requires that 
     each consortium 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 required under this section. The House recedes.
     State Applications
       The House bill requires applications to include a State 
     plan that is integrated with the State's plan that is either 
     being developed or approved under Goals 2000, or, if the 
     State does not have an approved Goals 2000 State plan and is 
     not developing such a plan, with other State plans under this 
     Act; the Senate amendment requires applications to include a 
     State plan for professional development. The Senate recedes 
     with an amendment requiring State applications to include a 
     plan that is coordinated with other plans under this Act, the 
     Goals 2000: Educate America Act, and other Acts, consistent 
     with the general provisions requirements in ESEA.
       The House bill, but not the Senate amendment, includes 
     members of the public who are interested in improving 
     education in the State among the list of entities which must 
     be involved in developing the State's plan. The House 
     recedes.
       The Senate amendment, but not the House bill, includes 
     nonprofit organizations of demonstrated effectiveness and 
     pupil services personnel among the list of entities which 
     must be involved in developing the State's plan. The House 
     recedes with amendment adding community-based non-profit 
     organizations of demonstrated effectiveness as one of the 
     organizations that must participate in the development of the 
     State plan.
       The Senate amendment, but not the House bill, includes 
     pupil services personnel. The House recedes with an amendment 
     requiring the State plan to be designed to give, where 
     appropriate, administrators and pupil services personnel the 
     knowledge and skills necessary to provide all students the 
     opportunity to achieve standards.
       The House bill refers to ``challenging State performance 
     standards''; the Senate amendment refers to ``challenging 
     State content standards and challenging State student 
     performance standards.'' The House recedes.
       The House bill refers to ``professional development''; the 
     Senate amendment refers to ``professional development 
     specifically related to subparagraph (B).'' The House 
     recedes.
       The House bill, but not the Senate amendment, requires that 
     the State plan include an assessment of State and local needs 
     for the development of curricula that are aligned with State 
     or local content and performance standards. The House 
     recedes.
       The House bill, but not the Senate amendment, requires that 
     the State plan include a description of how the plan has 
     assessed the needs of LEAs serving rural areas, and what 
     actions are planned to meet those needs. The Senate recedes 
     with an amendment adding, ``and urban'' after ``rural.''
       The Senate amendment, but not the House bill, creates a new 
     section entitled ``Priority for Professional Development in 
     Mathematics and Science.'' The House recedes.
       The House bill requires that the State plan include a 
     description of how the plan has maintained funding for 
     professional development activities in mathematics and 
     science; the Senate amendment requires that all funds 
     distributed to LEAs be used for math and science professional 
     development when the appropriation is less than $250,000,000; 
     when the appropriation is at $250,000,000 or above, LEAs must 
     use all the funds up to $250,000,000 for math and science 
     professional development and 10% of any funding increase 
     above the $250,000,000 must be used for math and science. The 
     House recedes with an amendment striking the Senate language 
     with regard to appropriations equal to or above $250 million 
     and instead including that States are permitted and 
     encouraged to direct amounts above the $250 million to 
     professional development in mathematics and science.
       The House bill, but not the Senate amendment, requires that 
     the State plan include a description of how the State, local, 
     and higher education activities will address the needs of 
     teachers in Title I schools. The Senate recedes.
       The House bill requires that the State plan includes a 
     description of how programs in all core academic subjects, 
     but especially in math and science, will take into account 
     the need for greater access to, and participation in, such 
     disciplines by students from historically under-represented 
     groups (the House bill includes illustrative examples of 
     under-represented groups) by incorporating pedagogical 
     strategies and techniques which meet their needs; the Senate 
     amendment requires the State plan to 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 under-represented groups. The 
     Senate recedes with an amendment changing ``the disabled'' to 
     ``individuals with disabilities.''
       The House bill allows States to use funds depending on the 
     outcome of the State's needs assessments; the Senate 
     amendment allows States to use funds only for professional 
     development. The Senate recedes with an amendment clarifying 
     that funds must be used consistent with the State's needs 
     assessment, and striking ``demonstrates a need for 
     professional development.''
       The House bill refers to ``teachers, including teachers in 
     schools receiving assistance under part A of Title I of this 
     Act''; the Senate amendment refers to ``teachers.'' The 
     Senate recedes.
       The Senate amendment, but not the House bill, includes 
     parents. The House recedes.
       The Senate amendment, but not the House bill, includes 
     educational service agencies. The House recedes.
       The House bill refers to `'institutions of higher 
     education; the Senate amendment refers to ``institutions of 
     higher education or nonprofit organizations of demonstrated 
     effectiveness.'' The House recedes.
       The House bill refers to ``professional development in all 
     the core academic subject areas, but especially in 
     mathematics and science''; the Senate amendment refers to 
     ``professional development in the core academic subjects.'' 
     The House recedes.
       The House bill requires the State plan to describe how the 
     State will take specific steps to review, and if necessary, 
     reform State requirements for licensure of teachers and 
     administrators in order to align those requirements with 
     State content and performance standards; the Senate amendment 
     requires the State, in the State plan, to describe how the 
     State requirements for licensure of teachers and 
     administrators support challenging State content standards 
     and challenging State student performance standards. The 
     House recedes with an amendment clarifying that the State 
     plan describe whether State requirements for teacher and 
     administrator licensure are aligned with State content 
     standards and performance standards.
       The House bill refers to ``address the need for improving 
     teaching and learning through teacher development''; the 
     Senate amendment refers to `'describe the need for teacher 
     development.'' The Senate recedes.
       The Senate amendment, but not the House bill, requires the 
     State, when describing the need for teacher development in 
     the State plan, to take into account the need, as determined 
     by the State, for greater access to and participation in the 
     teaching profession by individuals from historically under-
     represented groups. The House recedes.
       The Senate amendment, but not the House bill, requires the 
     State, in the State plan, to describe how the State will 
     prepare all teachers to teach children with diverse learning 
     needs, including children with disabilities. The House 
     recedes.
       The Senate amendment, but not the House bill, requires the 
     State, in the State plan, to describe how the State will 
     prepare teachers, paraprofessionals and pupil services 
     personnel in effective prevention and intervention strategies 
     to alleviate the need, and assure appropriate referral for, 
     special education services, and to prepare general and 
     special education staff to work collaborative to educate with 
     students with disabilities who are in the regular classroom, 
     consistent with the student's IEP. The House recedes with an 
     amendment striking ``effective prevention and intervention 
     strategies to'' and inserting after ``personnel'' the 
     following: `'and other staff in the collaborative skills 
     needed to appropriately teach children with disabilities in 
     the core academic subjects.'' and striking the text of (i) 
     and (ii).
       This amendment effectively requires the State to describe 
     how it will prepare teachers, and where appropriate, pupil 
     services personnel and other staff, in the collaborative 
     skills needed to appropriately teach children with 
     disabilities in the core academic subjects.
       The Senate amendment, but not the House bill, requires the 
     State, in the State plan, to 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. The 
     House recedes with an amendment requiring that where 
     appropriate, administrators and pupil services personnel be 
     included in such professional development activities.
       The Senate amendment, but not the House bill, requires the 
     State, in the State plan, to 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. The House recedes.
       The Senate amendment, but not the House bill, requires the 
     State, in the State plan, to set specific outcome performance 
     indicators for professional development. The House recedes 
     with an amendment striking ``outcome performance indicators'' 
     and instead referring to ``performance indicators''.
       The Senate amendment, but not the House bill, requires the 
     State, in the State plan, to describe how parents can be 
     involved in professional development programs to enhance 
     their participation in the education of their children. The 
     House recedes.
       The House bill, but not the Senate amendment, requires the 
     State, if the State's needs assessment demonstrates a need 
     for curricula development, to describe in the State plan a 
     strategy for engaging teachers in the development of 
     curricula that are aligned with State or local content and 
     performance standards and how the State will work with 
     administrators, parents, school board members, and other 
     members of the community in developing high quality curricula 
     that are aligned with State or local content and performance 
     standards. The House recedes.
       The Senate amendment, but not the House bill, requires that 
     each State plan remain in effect for the duration of the 
     State's participation in the program authorized under this 
     subpart, and that the plan be periodically reviewed and 
     revised by the State, as necessary, to reflect changes in the 
     State's strategies and programs under this subpart. The House 
     recedes.
       The Senate amendment, but not the House bill, requires that 
     the State plan describe how activities under this subpart 
     will be coordinated with activities conducted under parts B 
     and D of the Individuals with Disabilities Education Act. The 
     House recedes with an amendment striking ``part B and D of 
     the Individuals with Disabilities Education Act'' and instead 
     referring to the Individuals with Disabilities Education Act.
       The Senate amendment, but not the House bill, requires that 
     the State plan describe how activities under this subpart 
     will be coordinated with resources from museums, libraries, 
     educational television stations, and public and private 
     nonprofit organizations of demonstrated experience. The House 
     recedes.
       The Senate amendment, but not the House bill, includes 
     Federal funds from the Institute of Museum Services among the 
     list of funding with which activities under this subpart must 
     be coordinated.The House recedes.
     State-Level Activities
       The House bill refers to ``State's content standards''; the 
     Senate amendment refers to ``State's challenging State 
     content standards.'' The House recedes.
       The House bill refers to ``challenging State performance 
     standards''; the Senate amendment refers to ``challenging 
     State student performance standards.'' The House recedes.
       The House bill, but not the Senate amendment, directs 
     States to pay special attention to LEAs and schools receiving 
     Title I assistance when providing technical assistance. The 
     Senate recedes.
       The House bill, but not the Senate amendment, allow States 
     to provide technical assistance to schools and LEAs in order 
     to help such entities develop high quality curricula. The 
     House recedes.
       The House bill, not the Senate amendment, allows States to 
     use funds to develop partnerships between schools, consortia 
     of schools, of LEAs and institutions of higher education to 
     provide professional development services and to encourage 
     students studying to become teachers to have direct, 
     practical experience in schools. The Senate recedes.
       The House bill allows States to use funds to enhance the 
     effective use of technology as an instructional tool for 
     increasing student understanding of the core academic 
     subjects; the Senate amendments allow States to use funds for 
     professional development in the effective use of technology 
     as an instructional tool for increasing student understanding 
     of the core academic subjects. The House recedes.
       The House bill, not the Senate amendment, in allowing 
     States to use funds for effective use of technology, gives, 
     as an example of this ``use'', efforts to train teachers in 
     the innovative uses and application of instructional 
     technology. The House recedes.
       The House bill, not the Senate amendment, in allowing 
     States to use funds for effective use of technology, gives as 
     an example of this ``use'', utilizing and strengthening 
     existing telecommunications infrastructure dedicated to 
     educational purposes. The House recedes.
       The House bill refers to ``access to and teaching 
     practices''; the Senate amendment refers to ``students' 
     access to computers and other educational technology and in 
     teaching practices.'' The House recedes.
       The House bill refers to ``curriculum development and 
     technical assistance processes''; the Senate amendment refers 
     to ``assessment, curriculum development, and technical 
     assistance processes.'' The House recedes.
       The House bill refers to ``teachers and other school 
     staff''; the Senate amendment refers to ``teachers, pupil 
     services personnel, and other school staff.'' The House 
     recedes with an amendment clarifying that professional 
     development services be provided to pupil services personnel 
     and other school staff where appropriate.
       The House bill refers to ``challenging State performance 
     standards''; the Senate amendment refers to ``challenging 
     State content standards and challenging State student 
     performance standards.'' The House recedes.
       The House bill refers to ``designing professional 
     development activities that increase''; the Senate amendment 
     refers to ``professional development and recruitment 
     activities designed to increase.'' The House recedes.
       The House bill refers to ``numbers of members of minority 
     and other under-represented groups''; the Senate amendment 
     refers to ``numbers of minorities, individuals with 
     disability and females.'' The House recedes.
       The House bill refers to ``in the teaching force in the 
     core subjects''; the Senate amendment refers to ``teaching in 
     the core academic subjects in which such individuals are 
     under-represented.'' The House recedes.
       The House bill, but not the Senate amendment, allows States 
     to use funds to develop high quality curriculum that is 
     aligned with State or local content and performance 
     standards. The House recedes.
       The House bill allows States to use funds to provide 
     financial or other incentives for teachers to become 
     certified by the National Board for Professional Teaching 
     Standards; the Senate amendment allows States to use funds to 
     provide financial or other incentives for teachers to become 
     certified by nationally recognized professional teacher 
     enhancement organizations. The House recedes.
       The Senate amendment, but not the House bill, allows States 
     to use funds for designing systems that enable teachers to 
     meet pay ladder professional development requirements that 
     are tied to the content standards. The Senate recedes.
       The Senate amendment, but not the House bill, allows States 
     to use funds for professional development that is designed to 
     provide the collaborative skills that are needed to 
     appropriately serve children with disabilities in the general 
     education setting consistent with the IEP, and to develop the 
     skills needed for effective prevention and intervention 
     teaching strategies to alleviate the need, or assure 
     appropriate referral, for special education services. The 
     House recedes with an amendment striking the text of (a) and 
     (b) and replacing it with the following: ``prepare teachers, 
     and where appropriate, pupil services personnel, 
     paraprofessionals and other staff, in the collaborative 
     skills needed to appropriately teach children with 
     disabilities in the core academic subjects.''
       This amendment allows local educational agencies to provide 
     professional development activities which prepare teachers, 
     and where appropriate, pupil services personnel, 
     paraprofessionals, and other staff, in the collaborative 
     skills needed to appropriately teach children with 
     disabilities in the core academic subjects.
       The Senate amendment, but not the House bill, allows States 
     to use funds for identifying, developing, or supporting 
     parental involvement programs to better equip parents to 
     participate in the education of their children. The House 
     recedes with an amendment to clarify that funds may be used 
     for identifying, developing or supporting professional 
     development strategies and programs to better equip parents 
     in assisting their children to raise their achievement in the 
     core academic subjects.
       The Senate amendment, but not the House bill, allows States 
     to use funds for professional development activities designed 
     to increase the number of women and other under-represented 
     groups in the administration of schools. The House recedes.
       The Senate amendment, but not the House bill, allows States 
     to use funds to provide training for LEA employees in the 
     area of early childhood development to ensure that early 
     childhood education services provided to low income students 
     below the age of compulsory school attendance comply with the 
     Head Start performance standards. The House recedes.
       The Senate amendment, but not the House bill, allows States 
     to use funds to provide technical assistance to teachers, 
     administrators, parents, and related services personnel in 
     the area of early childhood development in order to ensure 
     that early childhood education services provided to low 
     income students below the age of compulsory school attendance 
     comply with the Head Start performance standards. The House 
     recedes.
     Local Plan and Application for Improving Teaching and 
         Learning
       The House bill, but not the Senate amendment, clarifies 
     that LEAs may submit applications singly or as consortia. The 
     Senate recedes.
       The House bill, but not the Senate amendment, requires an 
     LEA, if it has an application approved by the State under 
     Goals 2000, to have its application under this program as a 
     component of or an addendum to its Goals 2000 application. 
     The Senate recedes with an amendment requiring each LEA to 
     make its Eisenhower application a component of its plan, as 
     appropriate, under other ESEA programs, Goals 2000, or other 
     Acts.
       The House bill requires an LEA to set specific performance 
     indicators for improving teaching and learning through 
     professional development and curriculum development; the 
     Senate amendment has a similar provision under the 
     application contents. The Senate recedes with an amendment 
     striking the reference to curriculum development.
       The House bill requires an LEA to submit, as part of its 
     application, the results of the needs assessment and the LEA 
     plan; the Senate amendment has a similar requirement. The 
     House recedes.
       The House bill requires an LEA to include in its 
     application an assessment of its need for professional 
     development and an assessment of its need for the development 
     of high quality curricula that are aligned with State or 
     local content and performance standards; the Senate amendment 
     requires an LEA to include in its application an assessment 
     of local needs for professional development as identified by 
     the LEA and school staff. The House recedes.
       The House bill requires that the needs assessment be 
     carried out with the involvement of teachers, including 
     teachers in Title I schools, and that the assessment take 
     into account what activities need to be conducted in order to 
     give teachers and administrators the means to provide 
     students with the opportunity to meet the State or local 
     performance standards; the Senate amendment requires that the 
     need for professional development be identified by the LEA 
     and school staff. The Senate recedes with an amendment 
     clarifying that professional development services include 
     administrators, where appropriate.
       The House bill requires that the LEA plan be developed 
     jointly by the LEA and by teachers from the core academic 
     disciplines, and that the teachers be representative of both 
     the grade spans within the schools to be served and Title I 
     schools; the Senate amendment requires that the LEA plan be 
     developed with the extensive participation of teachers, 
     administrators, staff, and pupil services personnel. The 
     House recedes with an amendment requiring that each LEA's 
     plan for professional development be focused on teaching and 
     learning in the core academic subjects, clarifying that, 
     where appropriate, administrators participate in the 
     development of the plan, and requiring that the teachers 
     served by the professional development be representative of 
     the grade spans within schools to be served and of schools 
     which receive Title I assistance.
       The House bill, but not the Senate amendment, requires LEA 
     plans to describe a number of items based on the LEA's need 
     assessment. The Senate recedes.
       The House bill, but not the Senate amendment, requires the 
     LEA plan to include a description of the LEA's strategy to 
     improve teaching and learning in every school. The House 
     recedes.
       The House bill, but not the Senate amendment, requires the 
     LEA plan to include a description of how the plan contributes 
     to the LEA's overall efforts for school reform and 
     educational improvement. The Senate recedes.
       The House bill, but not the Senate amendment, requires the 
     LEA plan to include a description of the activities the LEA 
     intends to undertake under this subpart consistent with the 
     LEA's needs assessment. The House recedes.
       The House bill, but not the Senate amendment, requires the 
     LEA plan to include a description of how the plan has 
     maintained funding for professional development activities in 
     math and science education. The House recedes.
       The House bill, but not the Senate amendment, requires the 
     LEA plan to include a description of how the activities 
     funded under this section will address the needs of teachers 
     in Title I schools. The Senate recedes.
       The Senate amendment, but not the House bill, requires that 
     the LEA professional development plan be aligned with the 
     State's challenging State content standards and challenging 
     State student performance standards. The House recedes.
       The Senate amendment, but not the House bill, requires that 
     the LEA professional development plan describe a strategy, 
     tied to challenging State content standards and challenging 
     State student performance standards, for addressing the needs 
     identified in the needs assessment. The House recedes with an 
     amendment clarifying that the strategy be consistent with the 
     needs assessment carried out by the LEA.
       The Senate amendment, but not the House bill, requires the 
     LEA professional development plan include strong academic 
     content and pedagogical components. The Senate recedes.
       The Senate amendment, but not the House bill, requires the 
     LEA professional development plan be of sufficient intensity 
     and duration to have a positive and lasting impact on the 
     student's performance in the classroom. The House recedes.
       The Senate amendment requires the LEA professional 
     development plan to set specific outcome performance 
     indicators; the House bill has a similar provision. the 
     Senate recedes.
       The House bill and the Senate amendment have similar 
     provisions which require the LEA plan to take into account 
     the need for greater access to, and participation in, the 
     core academic subjects, especially math and science, by 
     students from historically under-represented groups, but the 
     House bill gives illustrative examples of the under-
     represented groups and suggests that the plan incorporate 
     pedagogical strategies and techniques which meet the under-
     represented groups' educational needs. The Senate recedes 
     with an amendment striking ``the disabled'' and replacing it 
     with ``individuals with disabilities.''
       The House bill refers to ``using the performance 
     indicators''; the Senate amendment refers to ``using the 
     outcome performance indicators to determine the effectiveness 
     of such activities.'' The Senate recedes.
       The House bill requires the local plan to describe how the 
     program funded by this subpart will be coordinated with the 
     activities conducted by institutions of higher education 
     under this program and other services of such institutions; 
     the Senate amendment requires that the local plan describe 
     how the program will be coordinated with the services of 
     institutions of higher education. The Senate recedes.
       The House bill requires that the local plan describe how 
     the program funded by this subpart will be coordinated with 
     similar State and local activities; the Senate amendment 
     requires that the local plan describe how programs funded 
     under this subpart will be coordinated with State and local 
     funds. The Senate recedes.
       The House bill requires the local plan to describe how the 
     program will be coordinated with resources from other ESEA 
     programs, particularly the technology program under title II, 
     part B; the Senate amendment requires the local plan to 
     describe how the program will be coordinated with resources 
     provided under other ESEA programs. The House recedes.
       The House bill requires the local plan to describe how the 
     program will be coordinated with resources from private non-
     profit organizations (including museums, libraries, 
     educational television stations, community-based 
     organizations, professional organizations, and associations 
     specializing in, or with a demonstrated expertise in the core 
     academic disciplines); the Senate amendment requires the 
     local plan to describe how the program will be coordinated 
     with resources from museums, libraries, educational 
     television stations, and public and private nonprofit 
     organizations of demonstrated experience. The Senate recedes 
     with an amendment adding public non-profit organizations to 
     the list of entities.
       The House bill refers to ``funds or programming from other 
     Federal agencies''; the Senate amendment refers to ``funds 
     received from other Federal agencies.'' The Senate recedes.
       The Senate amendment, but not the House bill, requires the 
     local plan to describe how the program will be coordinated 
     with funds received from the Institute of Museum Services. 
     The House recedes.
       The Senate amendment, but not the House bill, requires the 
     local plan to describe how the program will be coordinated 
     with the services of educational service agencies. The House 
     recedes.
       The Senate amendment, but not the House bill, requires the 
     local plan to describe how the program will be coordinated 
     with the resources provided under parts B, D, and H of IDEA. 
     The House recedes with an amendment striking the reference to 
     part B, D, and H of the Individuals with Disabilities 
     Education Act and instead referring to the Individuals with 
     Disabilities Education Act.
       The Senate amendment, but not the House bill, requires the 
     local plan to describe the strategies that will be employed 
     to more fully and effectively involve parents in the 
     education of their children. The House recedes with an 
     amendment clarifying that the strategies be professional 
     development strategies.
       The Senate amendment, but not the House bill, requires that 
     each local plan remain in effect for the duration of the 
     LEA's participation under this subpart, and the plan be 
     periodically reviewed and revised by the LEA, as necessary, 
     to reflect changes in the LEA's strategies and programs under 
     this subpart. The House recedes.
     Local-Cost Sharing
       The House bill, but not the Senate amendment, clarifies 
     that non-Federal sources of cash expenditures may include 
     private contributions. The Senate recedes.
       The House bill, but not the Senate amendment, allows cash 
     expenditures from non-Federal sources directed toward 
     curriculum development activities to be used to meet the 
     local cost sharing requirement. The House recedes.
       The House bill, but not the Senate amendment, allows 
     release time for teachers participating in curriculum 
     development to be used to meet the local cost sharing 
     requirement. The House recedes.
       The House bill refers to ``if used for professional 
     development or curricula development activities''; the Senate 
     amendment refers to ``so long as funds are used for 
     professional development activities.'' The House recedes.
       The Senate amendment, but not the House bill, allows 
     programs that are related to the purpose of this Act and 
     administered by the Institute of Museum Services to be used 
     to meet the local cost sharing requirement. The House 
     recedes.
     Local Allocation of Funds and Allowable Activities
       The Senate amendment, but not the House bill, allows parts 
     B and D of IDEA to be used to meet the local cost sharing 
     requirement. The House recedes with an amendment striking the 
     reference to parts B and D of the Individuals with 
     Disabilities Education Act and instead referring to the 
     Individuals with Disabilities Education Act.
       The Senate amendment, but not the House bill, includes a 
     special rule which allows an LEA to meet the local cost 
     sharing requirement through contributions that are provided 
     in cash or in kind, fairly evaluated. The House recedes.
       The House bill, but not the Senate amendment, allows the 
     SEA to waive the local cost sharing requirement if an LEA can 
     demonstrate that it is unable to meet the requirement due to 
     economic hardship and that compliance with the requirement 
     would preclude its participation in this program. The Senate 
     recedes.
       The House bill requires that not less than 80% of the funds 
     received by an LEA be utilized for providing professional 
     development of teachers, principals, and other instructional 
     staff who work directly with children and for engaging 
     teachers and other staff in the development of high quality 
     curricula that is aligned with State and local content 
     standards; the Senate amendment requires that at least 80% of 
     the funds received by an LEA be utilized for providing 
     professional development of teachers, administrators, pupil 
     services personnel, parents, and other staff of individuals 
     schools. The House recedes with an amendment clarifying that 
     where appropriate, professional development should be 
     provided to administrators, pupil services personnel, 
     parents, and other staff.
       Technical Note: It was the intention of the House that the 
     language beginning ``in a manner that is determined..'' 
     through the end of subparagraph (B) was to apply to both 
     subparagraph (A) and (B).
       The Senate amendment, but not the House bill, requires that 
     professional development, to the extent practicable, take 
     place at the individual school site. The House recedes.
       The House bill, but not the Senate amendment, requires that 
     curricula development activities be consistent with other 
     plans for curricula development carried out with Federal, 
     State, or local funds. The House recedes.
       The Senate amendment, but not the House bill, requires 
     professional development activities to be consistent with 
     other Federal, State or local plans for professional 
     development only if such plans emphasize sustained, ongoing 
     activities. The House recedes.
       The House bill, but not the Senate amendment, allows LEAs 
     to use not more than 20% of their funds for district level 
     curricula development activities. The House recedes.
       The House bill makes it optional for administrators and 
     policy-makers to be involved in district-level professional 
     development or curricula development activities if those 
     activities directly support instructional personnel; the 
     Senate amendment requires that district level professional 
     development activities include administrators, policy-makers, 
     and parents. The House recedes with an amendment clarifying 
     that where appropriate, administrators, policymakers, and 
     parents be included in the district-level professional 
     development activities.
       The House bill requires schools and LEAs receiving funds to 
     use such funds for activities that give teachers and 
     administrators the knowledge and skills to provide students 
     with the opportunity to meet challenging State or local 
     content and performance standards; the Senate amendment 
     requires schools and LEAs receiving funds to use such funds 
     for activities that contribute to the implementation of the 
     LEA's profession. The Senate recedes.
       The House bill, but not the Senate amendment, states 
     explicitly that funds received by LEAs and schools can only 
     be used for those activities that are specifically outlined 
     in the legislation. The House recedes.
       The House bill, but not the Senate amendment, requires that 
     not less than 80% of the funds received shall be used for 
     professional development activities, and not more than 20% of 
     the funds received shall be used for curricula development 
     activities. The House recedes.
       The House bill, but not the Senate amendment, requires that 
     if an LEA's needs assessment determines that funds received 
     should be used to provide professional development in the 
     core academic subjects for teachers and other school staff, 
     then the LEA shall use its funds for professional development 
     that will support teaching which is consistent with State or 
     local content standards, and which, to the extent 
     practicable, is coordinated with professional development 
     activities of institutions of higher education and activities 
     carrier out by institutions of higher education with funds 
     received under this program. The House recedes.
       Explanatory Note: The House bill, but not the Senate 
     amendment, has a listing of six criteria with which 
     professional development activities conducted by LEAs and 
     schools with funds under this program must be consistent.
       The House bill, but not the Senate amendment, requires that 
     LEA and school professional development activities be tied to 
     challenging State or local content and student performance 
     standards. The Senate recedes with an amendment striking 
     ``State or local content and student performance standards'' 
     and replacing the phrase with ``State content standards of 
     challenging local content standards and challenging State 
     student performance standards or challenging local student 
     performance stands.''
       The House bill, but not the Senate amendment, requires that 
     LEA and school professional development activities reflect 
     recent research on teaching and learning. The Senate recedes 
     with an amendment requiring professional development 
     activities to take into account research on teaching and 
     learning.
       The House bill requires that LEA and school professional 
     development activities incorporate effective strategies, 
     techniques, methods, and practices for meeting the 
     educational needs of diverse student in order to ensure that 
     all students have the opportunity to achieve challenging 
     performance standards; the Senate amendment allows LEAs and 
     schools to conduct professional development activities which 
     incorporate effective strategies, techniques, methods, and 
     practices for meeting the educational needs of diverse 
     students. The House recedes.
       The House bill, but not the Senate amendment, requires that 
     LEA and school professional development activities include 
     strong academic content and pedagogical components. The 
     Senate recedes.
       The House bill, but not the Senate amendment, requires that 
     LEA and school professional development activities be of 
     sufficient intensity and duration to have a positive and 
     lasting impact on the teacher's performance in the classroom. 
     The Senate recedes.
       The House bill, but not the Senate amendment, requires that 
     LEA and school professional development activities be part of 
     the everyday life of the school and create an orientation 
     toward continuous improvement throughout the school. The 
     House recedes.
       The Senate amendment, but not the House bill, includes 
     pupil services personnel among those individuals for whom 
     professional development can be provided. The House recedes 
     with an amendment allowing professional development to be 
     provided, where appropriate, to administrators, pupil 
     services personnel, or other staff.
       The House bill refers to ``State or local content 
     standards''; the Senate amendment refers to ``challenging 
     State content standards and challenging State student 
     performance standards.'' The House recedes.
       The Senate amendment, but not the House bill, allows LEAs 
     and schools to provide professional development to create a 
     school environment conducive to high achievement in the core 
     academic subjects. The Senate recedes.
       The Senate amendment, but not the House bill, clarifies 
     that ``support and time'', in the case of teachers, may 
     include release time with pay. The House recedes.
       The Senate amendment, but not the House bill, allows 
     schools and LEAs to provide pupil services personnel with 
     support and time to enable them to participate in 
     professional development activities. The House recedes with 
     an amendment clarifying that support and time be provided to 
     pupil services personnel and other staff where appropriate.
       The House bill, but not the Senate amendment, includes 
     educational partnership organizations among the list of 
     providers of professional development. The Senate recedes.
       The Senate amendment, but not the House bill, includes 
     science centers among the list of providers of professional 
     development. The House recedes.
       The Senate amendment, but not the House bill, allows LEAs 
     and schools to use funds to establish and maintain local 
     professional networks of pupil services personnel. The Senate 
     recedes.
       The Senate amendment, but not the House bill, allow LEAs 
     and schools to use funds to prepare teachers in the effective 
     use of assistive technology. The House recedes.
       The House bill refers to ``activities to enable teachers''; 
     the Senate amendment refers to ``professional development to 
     enable teachers, pupil services personnel, and other school 
     staff.'' the House recedes with an amendment clarifying that 
     professional development activities may be provided, where 
     appropriate, to pupil services personnel and other school 
     staff.
       The House bill refers to ``challenging State performance 
     standards''; the Senate amendment refers to ``challenging 
     State content standards and challenging State student 
     performance standards.'' The House recedes.
       The House bill allows schools and LEAs to use funds for 
     professional development and recruitment activities to 
     increase the number minorities, individuals with 
     disabilities, and females teaching in the core academic 
     subjects in which they are under-represented; the Senate 
     amendment allows schools and LEAs to use funds for 
     professional development activities to increase the numbers 
     of minorities, individuals with disabilities, and other 
     under-represented groups in the teaching force. The Senate 
     recedes.
       The Senate amendment, but not the House bill, allows 
     schools and LEAs to use funds for professional development 
     activities to increase the numbers of women and members of 
     other under-represented groups who are science and 
     mathematics teachers, for example, through career ladder 
     programs that assist educational paraprofessionals to obtain 
     teaching credentials. The House recedes with an amendment 
     clarifying that the teaching credentials obtained be in the 
     core academic subjects.
       The House bill allows funds to be used by schools and LEAs 
     for the development of incentive strategies for rewarding 
     schools where a substantial portion of teachers achieve 
     certification by the National Board for Professional Teaching 
     Standards; the Senate amendment allows funds to be used by 
     schools and LEAs for providing financial or other incentives 
     for teachers to become certified by nationally recognized 
     professional teacher enhancement programs. The House recedes.
       The House bill, but not the Senate amendment, allows 
     schools and LEAs to use funds for other sustained and 
     intensive high quality professional development activities in 
     the core academic subjects. The House recedes.
       The Senate amendment, but not the House bill, allows 
     schools and LEAs to use funds for 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. The Senate 
     recedes.
       The Senate amendment, but not the House bill, allows 
     schools and LEAs to use funds for support and time for 
     teachers, pupil services personnel and other school staff to 
     learn and implement effective collaboration for the 
     instruction of children with disabilities placed into general 
     education settings, consistent with the child's IEP, and in 
     prevention and intervention strategies to alleviate the need 
     for, or assure appropriate referrals of children for special 
     education services. The House recedes with an amendment 
     striking after ``disabilities'' the following: ``placed into 
     general education settings, consistent with such child's 
     individualized education program, and'' and insert in its 
     place ``in the core academic subjects'' after 
     ``disabilities''; and striking (ii).
       This amendment clarifies that LEAs may use funds for 
     support and time for teachers, and where appropriate, pupil 
     services personnel and other school staff, to learn and 
     implement effective collaboration for the instruction of 
     children with disabilities in the core academic subjects.
       The Senate amendment, but not the House bill, allows 
     schools and LEAs to use funds for peer training and mentoring 
     programs in the core academic subjects and in the development 
     of social, emotional, and mental health needs of children. 
     The Senate recedes.
       The Senate amendment, but not the House bill, allows 
     schools and LEAs to use funds to prepare teachers and pupil 
     services personnel to work with parents and families on 
     fostering student achievement in the core academic subjects. 
     The House recedes with an amendment clarifying that where 
     appropriate pupil services personnel may participate in 
     professional development activities.
       The Senate amendment, but not the House bill, allows 
     schools and LEAs to use funds to establish policies to permit 
     teachers to meet pay ladder requirements by demonstrating 
     content and pedagogical competence rather than by only 
     meeting course requirements. The Senate recedes.
       The Senate amendment, but not the House bill, allows 
     schools and LEAs to use funds for professional development 
     activities and other support for new teachers as such 
     teachers transition into the classroom to provide such 
     teachers with practical support and to increase retention. 
     The House recedes.
       The Senate amendment, but not the House bill, allows 
     schools and LEAs to use funds for professional development 
     for teachers, parents, early childhood educators, 
     administrators, and other staff to support activities and 
     services related to the Transition to Success program under 
     part B of title I. The House recedes with an amendment which 
     allows schools and LEAs to use funds for professional 
     development for teachers, parents, early childhood educators, 
     administrators, and other staff to support activities and 
     services related to preschool programs in order to raise 
     student performance in the core academic subjects.
       The Senate amendment, but not the House bill, allows 
     schools and LEAs to use funds to develop 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. The Senate 
     recedes.
       The Senate amendment, but not the House bill, allows 
     schools and LEAs to use funds for developing strategies and 
     programs to more effectively involve parents in the education 
     of their children. The House recedes with an amendment 
     clarifying that funds may be used for developing professional 
     development strategies and programs to more effectively 
     involve parents in helping their children achieve in the core 
     academic subjects.
       The Senate amendment, but not the House bill, allows 
     schools and LEAs to use funds for professional development 
     activities designed to increase the number of women and other 
     under-represented groups in the administration of schools. 
     The House recedes.
       The Senate amendment, but not the House bill, allows 
     schools and LEAs to use funds for release time with pay for 
     teachers. The House recedes.
       The Senate amendment, but not the House bill, allows 
     schools and LEAs to use funds for professional development in 
     experiential based teaching methods such as service learning. 
     The House recedes with an amendment rewriting the Senate 
     provision to include professional development activities to 
     train teachers in innovative instructional methodologies 
     designed to meet the diverse learning needs of individual 
     students, including the integration of academic and 
     vocational learning and applied learning; and interactive, 
     interdisciplinary team teaching, and other alternative 
     strategies such as service learning, experietial learning, 
     career-related education, and environmental education, that 
     integrate real world applications into the core academic 
     subjects.
       The House bill, but not the Senate amendment, requires an 
     LEA, if that LEA's needs assessment determines that funds 
     under this program should be used for curriculum development, 
     to use the funds provided to develop high quality curricula 
     that is aligned with State or local content and performance 
     standards. The House recedes.
       The House bill, but not the Senate amendment, allows 
     schools and LEAs to use funds to purchase curriculum 
     materials to the extent that such materials are essential 
     components of the LEA's plan to improve teaching and learning 
     in the core academic subjects. The House recedes.
     Higher Education Activities
       The Senate amendment, but not the House bill, clarifies 
     that it is from amounts made available under section 2123(2) 
     of the bill that the State agency for higher education is to 
     award grants or enter into contracts for professional 
     development activities. The House recedes.
       The House bill allows grants to be made to or contracts to 
     be entered into or cooperative agreements with institutions 
     of higher education and nonprofit organizations (including 
     museums and educational partnership organizations)which 
     demonstrate consultation and cooperation with an LEA, 
     consortium of LEAs, or schools; the Senate amendment allows 
     grants to be made to or contracts to be entered into or 
     cooperative agreements with institutions of higher education 
     or private nonprofit organizations working in conjunction 
     with LEAs. The Senate recedes with an amendment to clarify 
     that nonprofit organizations be of demonstrated effectiveness 
     and that eligible entities must work in conjunction with an 
     LEA, a consortium of LEAs or schools.
       The House bill refers to ``core academic subject areas''; 
     the Senate amendment refers to ``core academic subjects.'' 
     The Senate recedes.
       The House bill, but not the Senate amendment, allows the 
     State agency for higher education to use funds to support 
     activities which engage teachers in the development of high-
     quality curricula that are aligned with state or local 
     content and performance standards. The House recedes.
       The House bill, but not the Senate amendment, allows the 
     State agency for higher education to use funds to develop and 
     provide assistance to LEAs, and the teachers and staff of the 
     LEA, for sustained, high quality professional development 
     activities. The Senate recedes.
       The House bill, but not the Senate amendment, allows the 
     State agency for higher education to use funds to support 
     improving teacher education programs in order to promote 
     further innovation in teacher education programs within an 
     institution of higher education and to better meet the needs 
     of LEAs for well-prepared teachers. The Senate recedes.
       The House bill, but not the Senate amendment, prohibits 
     institutions of higher education from receiving funds under 
     subsection (a)(1) unless the institution enters into an 
     agreement with an LEA or a consortium of LEAs to provide 
     sustained, high quality professional development for 
     elementary and secondary teachers in the schools of the LEA. 
     The Senate recedes.
       The Senate amendment, but not the House bill, allows the 
     State agency for higher education to fund activities which 
     provide professional development for pupil services 
     personnel. The House recedes with an amendment clarifying 
     that, where appropriate, pupil services personnel and 
     administrators may participate in professional development 
     activities.
       Explanatory Note: The House bill, but not the Senate 
     amendment, gives illustrative examples of sustained and 
     intensive professional development activities.
       The House bill, but not the Senate amendment, gives as an 
     example of a sustained and intensive professional development 
     activity the establishment and maintenance of professional 
     networks of teachers that provide a forum for interaction 
     among teachers and that allow exchange of information on 
     advances in content and pedagogy. The House recedes.
       The House bill, but not the Senate amendment, gives as an 
     example of a sustained and intensive professional development 
     activity programs that prepare teachers to be effective users 
     of information technology, able to integrate technology into 
     their pedagogy and their instructional practices, and able to 
     enhance their curricular offerings by appropriate 
     applications of technology. The House recedes.
       The House bill, but not the Senate amendment, gives as an 
     example of a sustained and intensive professional development 
     activity programs that utilize information technology to 
     deliver intensive and high quality professional development 
     activities for teachers. The House recedes.
       The House bill, but not the Senate amendment, gives as an 
     example of a sustained and intensive professional development 
     activity activities to enable teachers to ensure that girls, 
     young women, minorities, limited English proficient students, 
     individuals with disabilities, and economically disadvantaged 
     individuals have the opportunity to achieve the challenging 
     State performance standards in the core academic subjects. 
     The House recedes.
       The House bill, but not the Senate amendment, gives as an 
     example of a sustained and intensive professional development 
     activity professional development and recruitment activities 
     designed to increase the number of minorities, individuals 
     with disabilities, and other under-represented groups 
     teaching in the core academic subjects, particularly in math 
     and science. The House recedes.
       The House bill, but not the Senate amendment, gives as an 
     example of a sustained and intensive professional development 
     activity the establishment of professional development 
     academies. The House recedes.
       The House bill, but not the Senate amendment, gives as an 
     example of a sustained and intensive professional development 
     activity technical assistance to LEAs in providing sustained 
     and intensive professional development activities for 
     teachers. The House recedes.
       The Senate amendment, but not the House bill, allows the 
     State agency for higher education to use funds to support 
     preservice training activities. The House recedes.
       The Senate amendment, but not the House bill, allows each 
     institution of higher education which receives a grant to 
     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. The House recedes.

                     Subpart 3--General Provisions

     Reporting and Accountability
       The Senate amendment, but not the House bill, clarifies 
     that States should submit their reports beginning with fiscal 
     year 1997. The House recedes.
       The House bill refers to ``performance indicator''; the 
     Senate amendment refers to ``outcome performance 
     indicators.'' The Senate recedes.
       The Senate amendment, but not the House bill, clarifies 
     that LEAs should submit their reports beginning with fiscal 
     year 1997. The House recedes.
       The House bill refers to ``the outcome performance 
     indicators in its plan''; the Senate amendment refers to 
     ``outcome performance indicators identified in such agency's 
     local plan.'' The House recedes with an amendment striking 
     the term ``outcome performance indicators'' and referring to 
     ``performance indicators.''
       The Senate amendment, but not the House bill, requires LEAs 
     to report on the effectiveness of the LEA's activities under 
     this program. The House recedes.
       The Senate amendment, but not the House bill, requires the 
     Secretary to report to the President and the Congress on the 
     effectiveness of programs and activities assisted under this 
     program. The House recedes.
       The House bill, but not the Senate amendment, prohibits 
     funds from being used for construction or renovation of 
     buildings, rooms, or any other facilities. The Senate 
     recedes.
     Definitions
       The House bill defines the term ``core academic subjects'' 
     as those subjects listed in the State plan under title III of 
     Goals 2000 or as set in National Education Goal III of Goals 
     2000; the Senate amendment defines that term as subjects such 
     as English, mathematics, science, foreign languages, civics 
     and government, economics, arts, history, and geography. The 
     Senate recedes.
       The House bill uses and defines the term ``performance 
     indicator''; the Senate amendment uses and defines the term 
     ``outcome performance indicators.'' The Senate recedes.
       The House bill refers to ``challenging State standards in 
     the core academic subject area''; the Senate amendment refers 
     to ``challenging State content standards and challenging 
     State student performance standards.'' The House recedes.
       The House bill uses the term ``State standards''; the State 
     amendment uses the term ``challenging State content standards 
     and challenging State student performance standards.'' The 
     House recedes.
       The House bill, but not the Senate amendment, gives as an 
     example of an indicator incorporating effective strategies, 
     techniques, methods, and practices for meeting the 
     educational needs of diverse students in order to ensure that 
     all students have the opportunity to achieve challenging 
     performance standards and lists the types of diverse 
     students. The Senate recedes.
       The House bill refers to ``increases in the number of Board 
     certified teachers licensed in each core subject''; the 
     Senate amendment refers to ``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.'' 
     The House recedes.
       The Senate amendment, but not the House bill, gives us an 
     example of an indicator the pass rates on teacher 
     examinations for initial and continuing certification or 
     licensure. The Senate recedes.
       The Senate amendment, but not the House bill, gives as an 
     example of an indicator the specific increases in the number 
     of teachers licensed in each core academic subject. The House 
     recedes.
       The House bill refers to ``challenging State or voluntary 
     national content and performance standards''; the Senate 
     amendment refers to ``challenging State content standards, 
     challenging State student performance standards, voluntary 
     national content standards or voluntary national student 
     performance standards.'' The House recedes.
       The House bill refers to ``content and pedagogical 
     components''; the Senate amendment refers to ``content and 
     pedagogical components appropriate for students with diverse 
     learning needs.'' The House recedes.
       The House bill, but not the Senate amendment, includes as a 
     criterion of sustained and intensive high quality 
     professional development activities which incorporate 
     effective strategies, techniques, methods, and practices for 
     meeting the educational needs of diverse students in order to 
     assure that all students have the opportunity to achieve 
     challenging performance standards and lists the types of 
     diverse students. The Senate recedes.
       The House bill, but not the Senate amendment, includes a 
     definition of the term ``local standard.'' The Senate recedes 
     with an amendment clarifying the terms ``student performance 
     standard'', ``core academic subjects'', ``challenging State 
     content standards'', and ``challenging State student 
     performance standards.''
       The Senate amendment, but not the House bill, includes a 
     definition of the term ``prevention.'' The Senate recedes.
     Professional Development Demonstration Project
       The Senate amendment, but not the House bill, includes a 
     Professional Development Demonstration Project which 
     authorizes the Secretary to award grants to eligible 
     partnerships to plan and implement professional development 
     programs. Findings, purpose, program requirement, eligible 
     partnerships, and grant requirements are also described. This 
     program is funded from a 1.25% set-aside of funds. The House 
     recedes with an amendment funding the program from a 1 
     percent set-aside, but requires that, in each of the fiscal 
     years 1996 through 1999, the amount of funding the 
     demonstration project receives shall not exceed the amount 
     the project received in FY 1995.


                  title iii--technology for education

           (Title II, Part B in H.R. 6/Title III in S. 1513)

                    Part A--Technology for Education

       1. The House bill names Title II, Part B, ``Technology 
     Education Assistance''; the Senate amendment names Title III, 
     ``Technology for Education.''
       The House recedes.
       2. Both bills give similar short titles, but the House bill 
     adds the word, ``assistance'' to the title.
       Legislative counsel.
       3. Technical.
       Legislative counsel.
     Findings
       4. Similar points concerning the role of technology in 
     education. The House bill emphasizes the lack of federal 
     leadership in this area, the Senate amendment notes the need 
     for such leadership. The House bill emphasizes the growing 
     disparities between rich and poor students in the absence of 
     educational technology policies; the Senate amendment 
     emphasizes that public policy should give priority to 
     students in greatest need. The House bill emphasizes 
     education equalization, particularly for students in urban 
     and rural areas; the Senate amendment emphasizes 
     individualized instruction. The Senate bill emphasizes how 
     the acquisition and use of technology has been inhibited.
       The House recedes with an amendment merging findings that 
     appear in two places in the House bill (note 246, p. 95; note 
     389, page 135) and one place in the Senate amendment (note 
     346, p. 95):
       Combine (1) from House bill with (1) from Senate amendment:
       ``(1) technology can produce far greater opportunities for 
     all students to learn to high standards, promote efficiency 
     and effectiveness in education, and 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;''
       Include (2) from House bill and delete (5) from Senate 
     amendment.
       Combine (3) from House bill with (3) from Senate amendment:
       ``(3) the acquisition and use of technology in education 
     throughout the United States has been inhibited by--
       (A) the absence of Federal leadership;
       (B) the inability of many State and local educational 
     agencies to invest in and support needed technologies;
       (C) the limited exposure of students and teachers to the 
     power of technology as a cost-effective tool to improve 
     student learning and achievement'
       (D) the lack of appropriate electrical and telephone 
     connections in the classroom; and
       (E) the limited availability of appropriate technology-
     enhanced curriculum, instruction, professional development 
     and administrative support resources and services in the 
     educational marketplace;''
       Combine (9) from Senate amendment with (4) from House bill, 
     deleting (5) from House bill:
       ``(4) 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, give priority to serve students in greatest need, 
     and recognize that educational telecommunications and 
     technology can address educational equalization concerns and 
     school restructuring needs by providing universal access to 
     high-quality teaching and programs, particularly in urban and 
     rural areas;''
       Include (11) from Senate amendment, add ``and industry'' 
     after ``business'' in (11), and delete (6) from House bill.
       Combine (7) from House bill with (10) from Senate 
     amendment:
       (6) Technology can enhance the ongoing professional 
     development of teachers and administrators by providing 
     constant access to updated research in teaching and learning 
     by means of telecommunications, and, through exposure to 
     technology advancements, keep teachers and administrators 
     excited and knowledgeable about unfolding opportunities for 
     the classroom;''
     Purpose
       5. The House bill, but not the Senate amendment, prefaces 
     this section by stating it is intended to support a 
     comprehensive system for the acquisition of technology.
       The Senate recedes with amendments to: end introductory 
     material with ``Such system shall include--''
       ``(1) National leadership with respect to the need for, and 
     the provision of, appropriate technology-enhanced curriculum, 
     instruction and administrative programs to improve learning 
     in the United States, and to promote equal access for all 
     students to educational opportunities in order to achieve the 
     National Education Goals by the year 2000;
       (2) Funding mechanisms which will support the development, 
     interconnection, implementation, improvement and maintenance 
     of an effective educational technology infrastructure, 
     including activities undertaken by the State and local school 
     districts to promote and provide equipment, training for 
     teachers and library media personnel, and technical support;
       (3) Support for technical assistance, professional 
     development, information and resources dissemination, in 
     order to help States, local school districts, teachers, 
     library media personnel, and administrators successfully 
     integrate technology into kindergarten through 12th grade 
     classrooms and library media centers;
       (4) Support for the development of educational and 
     instructional programming in core subject areas, which 
     programming shall address the National Education Goals;
       (5) Strengthening and building upon, but not duplicating, 
     existing telecommunications infrastructures dedicated to 
     educational purposes;
       (6) Development and evaluation of new and emerging 
     educational technologies, telecommunications networks, and 
     state-of-the-art educational technology products that promote 
     the use of advanced technologies in the classroom and school 
     library media center;
       (7) Assessment data regarding state-of-the-art uses of 
     technologies in United States education upon which commercial 
     and noncommercial telecommunications entities, and 
     governments can rely on for decisionmaking about the need 
     for, and provisions of, appropriate technologies for 
     education in the United States;
       (8) Ensuring that uses of educational technology are 
     consistent with the overall national technology policy 
     established by the President, and ensuring that Federal 
     technology-related policies and programs will facilitate the 
     use of technology in education;
       (9) Ensuring that activities supported under this part will 
     form the basis for sound State and local decisions about 
     investing in, sustaining, and expanding uses of technology in 
     education;
       (10) Establishing 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
       (11) Ensuring that, as technological advances are made, the 
     educational uses of these advances are developed.''
       6. The House bill emphasizes support for national 
     leadership in technology for curricula, instruction and 
     administrative support; the Senate amendment emphasizes 
     support for technology to promote equal educational access to 
     achieve the National Goals.
       The Senate recedes with amendments. See note 5.
       7. The House bill emphasizes support for funding mechanisms 
     to build the technology infrastructures; the Senate amendment 
     emphasizes funds for equipment, training and support.
       The Senate recedes with amendments. See note 5.
       8. The House bill emphasizes support to build dissemination 
     networks for educators; the Senate amendment emphasizes 
     support for technical assistance, professional development, 
     and dissemination on integrating technology into classrooms.
       The House recedes with amendments. See note 5.
       9. The House bill emphasizes support for training for 
     educators and administrators; the Senate amendment emphasizes 
     support to develop programs in the core subjects.
       The House recedes with amendments. See note 5.
       10. Similar provisions to support strengthening existing 
     infrastructures, but the Senate amendment also emphasizes 
     that incompatible systems must be discouraged.
       The Senate recedes with amendments. See note 5.
       11. The House bill emphasizes support to develop and 
     evaluate new technologies; the Senate amendment emphasizes 
     support for creative partnerships which develop state-of-the-
     art products.
       The Senate recedes with amendments. See note 5.
       12. The House bill emphasizes support for assessments of 
     new technologies; the Senate amendment emphasizes that the 
     uses of funds be consistent with national technology policy.
       The Senate recedes with amendments. See note 5.
       13. The House bill, but not the Senate amendment, notes the 
     purpose is to authorize grants for four types of activities.
       The Senate recedes with an amendment to strike 8(A), (B), 
     and (C) and move (D) to purposes.
     Definitions
       14. The House bill, but not the Senate amendment, defines 
     ``library'' and ``State library administrative agency''.
       The Senate recedes.
       15. The House bill, but not the Senate amendment, defines 
     ``regional educational laboratory.''
       The Senate recedes.
       16. The House bill defines the term ``technology'' similar 
     to that of the Senate amendment, but the House includes 
     ``public telecommunication entities'', when the Senate 
     amendment includes ``educational television and radio 
     programs and services''; and only the Senate amendment 
     applies the term to ``state-of-the-art'' technology products.
       The House recedes.
       17. The House bill, but not the Senate amendment, defines 
     ``credit enhancement.''
       The House recedes.
       18. The House bill defines ``interoperability'' as the 
     ability to communicate with global systems and multiple 
     media; the Senate amendment defines it in terms of the ease 
     of connecting to and exchanging data with hardware and 
     software.
       The House recedes.
       19. The Senate amendment, but not the House bill, defines 
     ``all students.''
       The House recedes.
       20. The Senate amendment, but not the House bill, defines 
     ``information infrastructure.''
       The House recedes.
       21. The Senate amendment, but not the House bill, defines 
     instructional programming.''
       The House recedes.
       22. The Senate amendment, but not the House bill, defines 
     ``local educational agency.''
       The Senate recedes.
       23. The Senate amendment, but not the House bill, defines 
     ``office.''
       The Senate recedes.
       24. The Senate amendment, but not the House bill, defines 
     ``public telecommunications entity.''
       The House recedes.
       25. The Senate amendment, but not the House bill, defines 
     ``State educational agency.'' The Senate amendment, but not 
     the House bill defines ``adult education.''
       The House recedes.
     In-State Apportionment
       26. The House bill, but not the Senate amendment, requires 
     that of the amount provided through formula to the states, 
     70% be used by the State for elementary and secondary 
     education programs, 20% be used for higher education 
     programs, and 10% be used for library and literacy programs.
       The House recedes.
       27. The House bill limits administrative and technical 
     assistance costs in each of the three in-state funding 
     streams as follows: a maximum of 10% of the 70% amount 
     reserved for school programs may be used at the state level 
     with a maximum of 5% of the total at the local level; a 
     maximum of 10% of the 20% reserved for higher education 
     programs; and a maximum of 10% of the 10% for library 
     programs. The Senate amendment limits State administrative 
     and technical assistance costs to 5% of the total funds 
     received.
       The House recedes.
     Elementary and Secondary Education Programs
       28. The House bill titles the sections, ``elementary and 
     secondary education program''; the Senate amendment titles 
     the section ``state and local programs for school technology 
     resources, technical support, and professional development.''
       The House recedes.
       29. The House bill requires in general that funds made 
     available for elementary and secondary education (70% of the 
     total state grant) be used to strengthen programs in 
     accordance with the section; the Senate amendment provides a 
     ``statement of purpose'' that funds be used to support 
     acquisition, support and maintenance of equipment and 
     regional consortia.
       The Senate recedes. The section number should be changed by 
     legislative counsel.
       30. The Senate bill authorizes the Secretary to award 
     grants to states having a systemic statewide plan for the 
     purpose of assisting local education agencies in such things 
     as purchasing technology, providing for training and 
     providing for administrative and technical support. The 
     comparable provision of the House bill, section 2209, 
     requires each state educational agency to file an educational 
     technology plan which meets a variety of requirements such 
     as, showing how the plan is integrated with the State's Goals 
     2000 plan or Title I plan and how it addresses each of the 
     elements specified under ``contents'', such as a description 
     of how financial assistance will be provided. (See note #37 
     for comparable House bill provisions.)
       The House recedes with several amendments:
       Insert the following after ``a systematic statewide plan 
     that''--
       ``Outlines long-term strategies for financing technology 
     education in the State and describes how business, industry, 
     and other public and private agencies, including libraries, 
     library literacy programs, and institutions of higher 
     education, can participate in the implementation, ongoing 
     planning, and support of the plan and''
       Insert ``other'' before ``criteria''
       Insert ``carry out activities such as'' on page 109 at the 
     end of the introductory paragraph.
       On page 110, at the end of (H), insert ``and (I) establish 
     partnerships with private or public educational providers or 
     other entities to serve the needs of children in poverty.''
       31. The House bill requires each LEA to use funds for using 
     technology to support school reform and requires that all 
     projects be of a sufficient scope to make improvements; the 
     Senate amendment allows the LEA to use funds to acquire 
     connectivity linkages and for professional development.
       The Senate recedes with an amendment to add (1), (2), and 
     (3) to the House language as (C), (D), and (E); add '', 
     particularly with institutions of higher education and public 
     libraries.'' at the end of (E); and insert ``(I) establish 
     partnerships with private or public educational providers or 
     other entities to serve the needs of children in poverty.''
       32. Both bills require that each LEA applicant submit a 
     plan to the SEA which, in the House bill, must be a part of 
     any LEA plan submitted under Goals 2000, and which in the 
     Senate amendment must be consistent with the objectives of 
     the statewide plan. The further requirements of the House 
     bill include describing the coordination efforts with all 
     available resources, the support of state and local content 
     and performance standards, the support of the disabled 
     population, the support of professional activities and the 
     involvement of parents. The further requirements of the 
     Senate amendment include the development of a strategic, long 
     range plan which describes technologies to be acquired and 
     how they will be integrated, collaborative and coordinating 
     activities, professional development activities, and the 
     involvement of the community in the development of the plan.'
       The House recedes.
       33. The House bill, but not the Senate amendment, provides 
     for the formation of consortia.
       The Senate recedes.
       34. The Senate amendment, but not the House bill, provides 
     that the LEA plan described in the previous subsection, shall 
     not preclude the SEA from approving other comprehensive 
     education improvement plans which further the purposes of 
     this section.
       The House recedes.
     Higher Education Programs
       35. The House bill, but not the Senate amendment, 
     authorizes competitive grants to institutions of higher 
     education, (funded through the 20% reserve from the total 
     available through the State grant) which have entered into an 
     agreement with a local educational agency to provide 
     professional development.
       The House recedes.
     Library and Literacy Programs
       36. The House bill, but not the Senate amendment authorizes 
     competitive grants to local public libraries, (funded through 
     the 10% reserve from the total available through the State 
     grant) which are involved with a local educational agency.
       The House recedes.
     Educational Technology Plans
       37. The House bill requires that each State wishing to 
     receive funds under this section submit to the Secretary a 5-
     year State educational technology plan, which, if rejected, 
     must be provided technical assistance. (See note #372 for 
     comparable Senate provision.)
       The House recedes.
       The Senate recedes on the ``supplement, not supplant'' 
     language on (5), page 124.
       38. The House bill requires that each LEA wishing to 
     receive funds under this section submit to the SEA a 3-year 
     plan which describes evaluations activities, supports local 
     and State curriculum frameworks, provides for technical 
     support and parent involvement. (See note #374 for comparable 
     Senate and additional House provisions.)
       The House recedes.
     Federal Administration
       39. The House bill, but not the Senate amendment, requires 
     the Secretary to develop and use evaluation procedures for 
     programs under this Title.
       The Senate recedes with an amendment to the evaluation 
     paragraph stating that the evaluation should be consistent 
     with section 10701.
       40. The Senate amendment, but not the House bill, requires 
     each SEA to identify LEAs which have the highest poverty and 
     the greatest need for technology in order to offer them 
     assistance.
       The House recedes.
       41. The Senate amendment, but not the House bill, requires 
     SEAs to award grants to LEAs competitively and of sufficient 
     size, scope and duration.
       The House recedes.
     Allocation of funds
       42. The House bill requires that up to 1% be reserved for 
     Guam, American Samoa, the Virgin Islands, the Northern 
     Mariana Islands, the Trust territories and programs for 
     Indian students, with the remainder of the funds distributed 
     to states based on a formula that takes into account the 
     relative number of children aged 5 to 17 in a state combined 
     with the relative number of poor children aged 5 to 17 in a 
     state; the Senate amendment allocates funds to States based 
     on the proportionate amount each state received under part A 
     of Title I, and with no state receiving less than .5% of the 
     total appropriated.
       The House recedes.
       43. The house bill, but not the Senate amendment, provides 
     for the reallotment of unused funds.
       The Senate recedes.
       44. The Senate amendment, but not the House bill, provides 
     that if in any year the appropriation for this section is 
     $50m or less, the Secretary is required to award grants to 
     LEAs competitively.
       The House recedes with the following amendments: change the 
     threshold to $75 million; strike everything after ``to'' to 
     line 5 of Senate bill and add ``consortia which shall include 
     at least one LEA with a high percentage or number of children 
     counted for purposes of Part A, Title I of this Act, and may 
     include other LEAs, SEAs, IHEs, businesses, academic content 
     experts, software designers, museums, libraries, or other 
     appropriate entities. In awarding such grants, the Secretary 
     will give priority to consortia which demonstrate that--
       (1) The project is designed to serve areas with a high 
     number or percentage of disadvantaged students or the 
     greatest need for educational technology;
       (2) The project will directly benefit students by, for 
     example, integrating the acquired technologies into 
     curriculum to help the local educational agency enhance 
     teaching, training, and student achievement;
       (3) The project will ensure ongoing, sustained professional 
     development for teachers, administrators, and school library 
     media personnel served by the LEA to further the use of 
     technology in the classroom or library media center;
       (4) The project will ensure successful, effective and 
     sustainable use of technologies acquired under this section;
       (5) Members of the consortia or other appropriate entitles 
     will contribute substantial financial and other revenues to 
     achieve the totals of the project.
     Authorization of Appropriations
       45. The House bill authorizes $300m in fiscal year 1995, 
     with such sums for fiscal years 1996 through 1999; the Senate 
     amendment authorizes $200m in fiscal year 1995, with such 
     sums for the remaining 4 years.
       The House recedes.
     Research--National Programs
       46. The House bill names the subpart, ``Research, 
     Development and Demonstration of Educational Technology''; 
     the Senate amendment names it ``National Programs in 
     Technology for Education.''
       The House recedes.
       47. The House bill, but not the Senate amendment, provides 
     a section on findings.
       The House recedes.
     Purposes
       48. Both bills state the overall purpose is to facilitate 
     achievement of the national education goals, but the House 
     bill also adds ``increase the opportunity for all students to 
     achieve.''
       The House recedes and the Senate recedes with an amendment 
     to add this to general purposes.
       49. The House bill emphasizes its purposes as promoting 
     awareness, supporting state and local efforts, demonstrating 
     uses, applying research in technology to policy decisions, 
     promoting professional development, and incorporating 
     technological advances into education; the Senate amendment 
     emphasizes creating a national vision, promoting awareness, 
     support state and local efforts, demonstrating uses, applying 
     research to policy decisions, promoting professional 
     development, supporting development of technology-enhanced 
     instruction, and promoting the use of technology in federal 
     programs.
       The House recedes and the Senate recedes with an amendment 
     to add this to general purposes.
     Office
       50. The House bill, but not the Senate amendment, creates 
     an Office of Educational Technology within the Department of 
     Education.
       The House recedes.
     National Long-Range Plan
       51. The House bill requires that the Secretary publish a 
     plan by September 30, 1995; the Senate amendment requires it 
     by within 12 months of date of enactment.
       The House recedes.
       52. Identical provisions with respect to development of the 
     plan, except that the House bill uses the term, ``educational 
     applications of technology'', when the Senate amendment uses, 
     ``applications of technology to education'', and only the 
     Senate amendment requires the inclusion of distance learning 
     consortia and Star School recipients.
       The House recedes.
       53. Identical provisions, except that the House bill 
     applies the word, ``challenging'' to ``standards'', whereas 
     the Senate amendment applies the word, ``content'' and 
     ``performance'' to ``standards''.
       The House recedes.
       54. Similar provisions concerning joint activities, except 
     that only the Senate amendment includes the Office of Science 
     and Technology Policy and the Bureau of Indian Affairs.
       The House recedes.
       55. Identical provisions regarding the contents of the 
     plan, except that the Senate amendment also requires the 
     Secretary to show how he will promote: higher achievement 
     through the integration of technology, the exchange of 
     information, and the use of evaluations to improve the 
     purposes of this subsection. In addition, the House bill uses 
     the term, ``schools with high concentrations of children from 
     low-income families'' when the Senate amendment uses, 
     ``schools with a high number or percentage of children from 
     low-income families.''
       The House recedes.
     Federal Leadership
       56. The House bill authorizes the Secretary, in 
     consultation with the National Science Foundation, the 
     Department of Commerce and ``other federal agencies'' to 
     provide grants and contracts to a variety of entities; the 
     Senate amendment does the same, but notes the goal of 
     promoting ``higher student achievement'' and names many more 
     federal agencies.
       The Senate recedes with amendments to insert ``the United 
     States National Commission on Libraries and Information 
     Sciences'' after ``Department of Commerce'', to insert 
     ``competitively and'' after ``grants'' and to strike the 
     paratheses.
       57. The Senate amendment, but not the House bill, requires 
     the Secretary to provide assistance to States in developing 
     State technology plans, in accordance with the Goals 2000 
     Act.
       The House recedes.
       58. Identical provisions, except the House bill uses the 
     phrase, ``consistent with'', where the Senate bill uses ``to 
     achieve''.
       Legislative counsel.
       59. Identical provisions, except the House bill ``allows'' 
     the Secretary, and the Senate ``requires'' the Secretary to 
     use funds for such activities.
       The House recedes with an amendment changing ``including'' 
     to ``such as''.
       60. The House bill, but not the Senate amendment, includes 
     under uses of funds, planning grants to States.
       The House recedes.
       61. Identical provisions with technical conforming 
     differences.
       Legislative counsel.
       62. Identical provisions, except only the House bill 
     includes ``family education'' among those listed.
       The Senate recedes.
       63. Identical provisions, except the House bill uses the 
     term ``protocols'', when the Senate amendment describes the 
     same with ``maximum interoperability, efficiency and easy 
     exchange of data.''
       The House recedes.
       64. Identical provisions, except only the Senate bill 
     includes the term ``multimedia.''
       The House recedes.
       65. Identical provisions, except only the Senate amendment 
     adds that a priority be given to such research in elementary 
     and secondary schools.
       The Senate recedes.
       66. The Senate amendment, but not the House bill, lists as 
     one of the uses of funds, a biennial assessment on the uses 
     of technology.
       The House recedes.
       67. Identical provisions, except only the House includes 
     the concept of ``access to and use of'' in promoting gender 
     equity.
       The Senate recedes.
       68. The House bill, but not the Senate amendment, lists as 
     one of the uses, development of the Buddy System. (Senate 
     amendment authorizes a separate program for the Buddy System 
     Computer Education--Title III, Part F.)
       The Senate recedes with an amendment to add a reference to 
     ``Buddy System Computer Education'' to FIE.
       69. The Senate amendment, but not the House bill, lists as 
     one of the uses, federal agency collaboration.
       The House recedes.
       70. The Senate amendment, but not the House bill, requires 
     that the activities be carried out by grant contract, 
     competitively and through peer review.
       The Senate recedes.
       71. Identical provisions with technical differences.
       Legislative counsel.
       72. Identical provisions, except the House bill uses the 
     phrase ``recipient's project'' when the Senate amendment uses 
     ``grant or contract.''
       Legislative counsel.
     Authorization of Appropriations
       73. The House bill authorizes ``such sums'' from fiscal 
     year 1995 through fiscal year 1999; the Senate amendment 
     authorizes $5m in fiscal year 1995 and ``such sums'' for the 
     remaining four years.
       The House recedes and the Senate recedes.
     Regional Technical Support and Professional Development
       74. the Senate amendment, but not the House bill, 
     authorizes an appropriation of $50m for grants or contracts 
     to be awarded to regional educational technology assistance 
     consortia made up of some combination of SEAs, institutions 
     of higher education and non-profit organizations.
       The House recedes with an amendment to replace the 
     ``Authority'' paragraph with the following:
       The Secretary, through the Office of Educational 
     Technology, shall make grants in accordance with the 
     provisions of this section, to regional entities such as the 
     Eisenhower Math/Science Regional Consortia, the Regional 
     Education Laboratories, the Comprehensive Regional Assistance 
     Centers, or such other regional consortia as may be 
     designated or established by the Secretary. In awarding 
     grants under this section, the Secretary shall give priority 
     to the Eisenhower Math/Science Regional Consortia and shall 
     ensure that each geographic region of the United States shall 
     be served by such a consortium.
       The Senate recedes on the Special Rule on page 159.
       The conferees also agree to the following amendments:
       Insert ``, to the extent practicable'' at the end of the 
     Technical Assistance paragraph after ``shall'' in Sec. 
     3121(b)(1).
       Insert ``and school library media centers'' after 
     ``classroom'' Sec. 3121(b)(1)(B).
       Insert ``to the extent practicable'' at the end of the 
     Professional Development paragraph after ``shall'' in Sec. 
     3121(b)(2).
       Insert ``school librarians and school library personnel'' 
     after the first ``teachers'' and ``and other school library 
     media personnel'' after the second ``teachers'' in Sec. 
     3121(b)(2)(A)(i).
       Strike ``provide followup to'' in Sec. 3121(b)(2)(E).
       Insert ``to the extend practicable'' at the end of the 
     Information and Resource Dissemination paragraph in Sec. 
     3121(b)(3).
       Insert ``regional and other'' after ``appropriate'' in Sec. 
     3121 (b)(4).
       Strike Sec. 3121(b)(5).
     Research on Educational Applications of Advanced Technologies
       75. The Senate amendment, but not the House bill, 
     authorizes an appropriation of $50m for grants or contracts 
     for research projects which develop educational applications 
     of advanced technologies.
       The House recedes with an amendment to add the following as 
     a new (D) in Federal Leadership Activities on page 148: 
     ``research on, and the development of, applications for 
     education of the most advanced and newly emerging 
     technologies (which research shall be coordinated with the 
     Office of Educational Research and Improvement and, where 
     appropriate, with other Federal agencies).''
     High Performance Computing and Telecommunications Networks 
         for Education
       76. The Senate amendment, but not the House bill, 
     authorizes an appropriation of $7.5m for three types of 
     grants which help develop an electronic network program for 
     the dissemination of educational information.
       The House recedes with an amendment to add the following as 
     a new (E) in Federal Leadership Activities on page 148 and to 
     reletter accordingly: ``(E) the development, demonstration 
     and evaluation of the educational aspects of high performance 
     computing and communications technologies and of the national 
     information infrastructure, in providing professional 
     development for teachers, school librarians and other 
     educators; enriching academic curricula for elementary and 
     secondary schools; facilitating communications among schools, 
     local educational agencies, libraries, parents and local 
     communities and in other such areas as the Secretary deems 
     appropriate.''
     Study, Evaluation and Report on Funding Alternatives
       77. The Senate amendment, but not the House bill, requires 
     the Secretary to report to the Congress, within one year of 
     enactment, on alternative models for sustained funding for 
     schools.
       The House recedes.
     Special Rule Applicable to Appropriations
       The House recedes with an amendment to change the Subpart 
     title and the section title to ``Authorization of 
     Appropriations''.
       78. The Senate amendment, but not the House bill, requires 
     that if, in any year, the amount appropriated under sections 
     3122(f), 3123(b)(5), 3124(e), 3125(e), 3126(e), and 3132(c), 
     add up to less than $50 million, the Secretary shall combine 
     those amounts and apply half of the funding to ``National 
     Programs in Technology for Education,'' and half to the State 
     and local programs; the amendment requires further that when 
     the aggregate appropriation equals or exceeds $50m, $25m plus 
     35% of the aggregate amount in excess of $50m shall carry out 
     programs under the ``National Programs in Technology for 
     Education'' and $25m plus 65% of the total in excess of $50m 
     shall be used for the State and local programs.
       The House recedes with several amendments:
       In the ``Appropriation of Less Than . . .'' section, change 
     $50,000,000 to $75,000,000; strike ``Notwithstanding any 
     other provision of law''; strike the section references and 
     ``aggregate such amounts'' and replace with ``this part''.
       Strike the designation of how the funds should be divided 
     and add the following:
       $3,000,000 for National Leadership Activities.
       $10,000,000 for Regional Educational Technology Support and 
     Professional Development.
       with remaining funds to be awarded through the National 
     Challenge Grant Program for Technology in Education.
       In the ``Appropriation Equal To or Greater Than . . .'' 
     section, change $50,000,000 to $75,000,000; strike 
     ``Notwithstanding any other provision of law''; strike the 
     section references and ``aggregate such amounts'' and replace 
     with ``this part''.
       Strike the designation of how the funds should be divided 
     and add the following:
       $3,000,000 for National Leadership Activities.
       $10,000,000 for Regional Educational Technology Support and 
     Professional Development.
       with remaining funds to be awarded through the National 
     Challenge Grant Program for Technology in Education; except 
     that the Secretary may reserve such funds as may be necessary 
     to meet outstanding obligations for such fiscal year for 
     grants previously awarded through the National Challenge 
     Grant Program for Technology in Education.
       To maximize the impact of the funds granted under this act, 
     the conferees intend to allow schools the flexibility to 
     structure transactions for the acquisition of technology and 
     equipment in the manner that most adequately meets their 
     needs, including using grant funds to pay interest on the 
     lease or financed purchase of technology or equipment where a 
     school determines that such a transaction is desirable. This 
     will allow schools the opportunity to take advantage of the 
     lowest interest rates available to them by virtue of the 
     exemption from Federal income tax of interest payments from 
     States and municipalities, extend the impact of the grant 
     monies they receive, and allow them to avoid their frequent 
     need to delay purchases because of current year budget 
     constraints.

                      Part B--Star Schools Program

                 Subpart 3 in H.R. 6/Part B in S. 1513

       79. The Senate amendment, but not the House bill, has a 
     short title.
       Legislative counsel.
       80. The House bill, but not the Senate amendment, has a 
     section of findings.
       The Senate recedes.
     Statement of Purpose
       81. The House bill states its purpose is to expand distance 
     learning programs to: improve teaching, achieve the education 
     goals, help all students achieve and help educational reform; 
     the Senate amendment states its purpose is to improve 
     subjects and reach underserved populations through grants to 
     telecommunication partnerships which: develop 
     telecommunications facilities, develop programming, and 
     obtain technical assistance.
       The House recedes with an amendment changing disabled to 
     individuals with disabilities.
     Grants
       82. The House bill provision, titled, ``program 
     authorized'', authorizes the Secretary to make grants to 
     develop facilities, to develop instructional programs and to 
     provide technical assistance; the Senate amendment provision, 
     titled, ``grants authorized'', authorizes the Secretary to 
     provide grants for similar activities, but expands the list 
     of activities to include teleconferencing for teacher 
     training, obtaining technical assistance and coordinating 
     connectivity in order to reach more students.
       The House recedes.
       83. The Senate amendment requires the grant be for a period 
     of 5 years, with a possible renewable 5-year period. The 
     House bill requires that the grant not exceed 5-years. 
     (Comparable provision in the House bill is on the following 
     page, subsection 2221(c).
       The House recedes with an amendment making the renewal 
     period three years.
     Authorization of Appropriations
       84. The House bill authorizes ``such sums'' for fiscal 
     years 1995 through 1999; the Senate amendment authorizes $35m 
     in fiscal year 1995, with ``such sums'' in the following 4 
     years.
       The House recedes.
       85. The Senate amendment, but not the House bill, requires 
     funds remain available until expended.
       The House recedes.
       86. The House bill limits the size of a grant to $10m per 
     year; the Senate amendment limits it to $5m.
       The Senate recedes.
       87. Identical provisions with technical differences.
       Legislative counsel.
       88. The Senate amendment, but not the House bill, requires 
     that at least 25 percent be used for facilities and 
     equipment.
       The Senate recedes.
       89. Identical provisions with technical differences.
       Legislative counsel.
       90. The House bill limits the federal share of the cost of 
     any project to 75 percent in the first year and lesser 
     amounts in subsequent years; the Senate amendment limits the 
     federal share to 75 percent in all years.
       The Senate recedes.
       91. Similar provisions regarding waivers, except the House 
     bill ties the waiver to ``financial hardship'', and the 
     Senate amendment ties it to ``good cause.''
       The Senate recedes.
       92. The House bill, but not the Senate amendment, 
     authorizes the Secretary to accept funds from other agencies.
       The Senate recedes.
       93. The Senate amendment, but not the House bill, provides 
     for coordination with other agencies.
       The House recedes.
       94. The Senate amendment, but not the House bill, 
     encourages that funds be used for closed captioning and 
     descriptive video.
       The House recedes.
     Eligible Entities
       95. The House titles the section, ``eligible entities''; 
     the Senate amendment titles it, ``eligible telecommunication 
     partnerships.''
       The House recedes.
       96. The House bill requires that the recipient include the 
     participation of at least one local educational agency and 
     provides a list of entities that may be included; the Senate 
     amendment requires a partnership which must consist of one or 
     more of the entities listed.
       The Senate recedes.
       97. The House bill describes as an eligible entity a 
     telecommunications network made up of two or more entities 
     that are listed; the Senate amendment describes the same for 
     a ``partnership'', but requires that it be made up of 3 or 
     more of the listed entities, which are identical to those 
     listed in the House bill, except the House bill also adds 
     ``adult and family education programs'' and ``public or 
     private elementary or secondary schools.''
       The House recedes on the number and the Senate recedes on 
     the list.
       98. The Senate amendment, but not the House bill, requires 
     state partnerships.
       The House recedes.
     Applications
       99. Identical provisions with technical differences.
       Legislative counsel.
       100. Similar provisions regarding applications, but the 
     headings differ.
       Legislative counsel.
       101. The House bill, but not the Senate amendment requires 
     a description of how the project will help achieve the 
     national education goals.
       The Senate recedes with an amendment to strike the Goals 
     2000 reference.
       102. Identical provisions with technical difference.
       Legislative counsel.
       103. Identical provisions, but only the House bill adds, 
     ``district, multidistrict'' and only the Senate amendment 
     adds ``maintenance and operation.''
       The House recedes.
       104. Identical provisions, with technical difference 
     concerning structure.
       Legislative counsel.
       105. Identical provisions, except only the Senate amendment 
     includes ``training.''
       The House recedes.
       106. Identical provisions, except only the House bill 
     includes ``and related'' programming.
       The Senate recedes.
       107. Identical provisions, except the Senate amendment 
     requires this provision only in the case of applications for 
     assistance for instructional programming and includes 
     ``classroom teachers''.
       The House recedes.
       108. Similar provisions, but the House bill lists six 
     disciplines and the Senate amendment lists three.
       The Senate recedes.
       109. Identical provision, but the House bill uses the term 
     ``professional development'' for the Senate amendment's term 
     ``training.''
       The Senate recedes.
       110. Identical provisions, but the House bill uses the 
     terms ``historically underserved'', ``low-income families'' 
     and ``low literacy skills'', for the Senate amendment's 
     terms, ``traditionally underserved'', ``disadvantaged'' and 
     illiterate.''
       The Senate recedes.
       111. The House bill, but not the Senate amendment, includes 
     how existing facilities will be used.
       The Senate recedes.
       112. The Senate amendment, but not the House bill, requires 
     assurances that purchased equipment will be protected.
       The House recedes.
       113. Identical provisions with technical differences. (See 
     Section 2223(b)(2), note #125, for comparable House 
     provision.)
       Legislative counsel.
       114. The Senate amendment, but not the House bill, requires 
     assurances that funds will supplement, not supplant other 
     funds.
       The House recedes.
       115. The Senate amendment, but not the House bill, requires 
     consortia to describe coordination.
       The House recedes.
       116. Identical provisions, except the Senate amendment 
     includes ``including activities and services.''
       Legislative counsel.
       117. Identical provisions, except the Senate amendment 
     includes `training.''
       Legislative counsel.
       118. Similar provisions, except the House builds on the 
     Senate language, extending it to include job training and 
     other social service programs.
       The Senate recedes.
       119. Similar provisions, except the Senate amendment builds 
     on the House language, extending it to include training 
     materials for students and teachers for interactive distance 
     learning participation.
       The House recedes.
       120. Similar provisions, but the House bill extends 
     training to early childhood personnel, vocational education 
     personnel and adult and family educators, whereas the Senate 
     amendment limits training to early childhood development and 
     Head Start personnel.
       The Senate recedes.
       Identical provisions, except that the Senate amendment does 
     not include the phrase, ``at times other than the regular 
     school day.''
       The House recedes.
       121. The Senate amendment, but not the House bill, includes 
     as a separate item vocational education personnel. (See 
     preceding note.)
       The Senate recedes.
       122. The Senate amendment, but not the House bill, includes 
     training on content standards.
       The House recedes.
       123. The Senate amendment, but not the House bill, includes 
     parent education.
       The House recedes.
       124. The House bill, but not the Senate amendment, includes 
     a description of future financing.
       The Senate recedes.
       125. Identical provisions with technical differences. (See 
     section 3205(b)(7), note #113, for comparable Senate 
     provisions.)
       Legislative counsel.
       126. The House bill requires applicants to provide 
     information as required by the Secretary; the Senate 
     amendment requires ``additional assurances'' as the Secretary 
     may require.
       Legislative counsel.
       127. Both have identical phrases, but the House bill 
     establishes ``priorities'' as its heading; the Senate 
     amendment establishes ``approval of applications; 
     priorities'' as its heading and includes the word 
     ``demonstrate'' in the lead-in phrase.
       Legislative counsel.
       128. The House bill, but not the Senate amendment, has as a 
     priority that plans should assist in achieving the national 
     education goals.
       The Senate recedes with an amendment striking the Goals 
     2000 reference.
       129. The House bill, but not the Senate amendment, has as a 
     priority for services to adults.
       The House recedes with an amendment striking the clause 
     beginning with ``including'' and ending with ``title 1'' and 
     adding ``programs serving adults, especially parents with low 
     levels of literacy'' before ``institutions of higher 
     education''.
       130. Similar provisions regarding a priority for schools 
     with a high number of poor children, but the Senate amendment 
     also emphasizes serving the broadest range of institutions.
       The Senate recedes.
       131. The Senate amendment, but not the House bill, provides 
     a priority to applications emphasizing math, science and 
     foreign language.
       The Senate recedes.
       132. The Senate amendment, but not the House bill, provides 
     a priority to applications with involvement of educational 
     institution, state and local government, and industry.
       The Senate recedes.
       133. The Senate amendment, but not the House bill, provides 
     a priority to applicants in partnership with a significant 
     number of educational institutions.
       The Senate recedes.
       134. The Senate amendment, but not the House bill, provides 
     a priority to applications which include staff with 
     substantial academic and teaching capabilities.
       The House recedes with an amendment placing a period after 
     ``development'' and deleting the rest of the sentence.
       135. The Senate amendment, but not the House bill, provides 
     a priority for partnerships which provide a listed range of 
     resources.
       The House recedes.
       136. The Senate amendment, but not the House bill, provides 
     a priority for partnerships which serve a multistate area.
       The House recedes.
       137. The Senate amendment, but not the House bill, provides 
     a priority for partnerships which provide equipment.
       The House recedes.
       138. The Senate amendment, but not the House bill, provides 
     a priority for donation of equipment or in kind services.
       The House recedes.
       139. The Senate amendment, but not the House bill, provides 
     a priority to entities which assist individuals who are 
     traditionally underrepresented in the fields of math and 
     science.
       The Senate recedes.
       140. Similar provisions regarding geographic distribution, 
     except the Senate bill uses the term, ``distribution of 
     grants'' when the House bill uses the term, ``distribution of 
     services'' and the House bill adds the phrase ``to the extent 
     feasible.''
       The Senate recedes on ``to the extent feasible'' and the 
     rest is to be resolved by legislative counsel.
     Leadership and Evaluation Activities
       141. The House bill uses the heading, ``set-side''; the 
     Senate amendment uses ``reservation.''
       Legislative counsel.
       142. The House bill allows the Secretary to reserve up to 
     10 percent; the Senate amendment allows not more than 5 
     percent.
       The House recedes.
       143. Technical difference.
       Legislative counsel.
       144. Identical provisions, but the Senate amendment uses a 
     heading and references a subsection and the House bill 
     references Star Schools.
       Legislative counsel.
       145. Identical provisions, but the House bill references 
     Star Schools when the Senate amendment references ``efforts 
     assisted under this part.''
       Legislative counsel.
       146. Similar provisions, except the Senate provision breaks 
     into two phrases the peer review activities.
       Legislative counsel.
     Definitions
       147. Technical difference in wording.
       Legislative counsel.
       148. Identical provisions, except only the House bill 
     includes the phrase ``for elementary and secondary students, 
     teachers and others'' and only the Senate amendment includes 
     the phrase, ``resources used in such instruction and 
     training.''
       The Senate recedes.
       149. The Senate amendment, but not the House bill, includes 
     a definition for the term ``State.''
       Legislative counsel unless this is somewhere else in the 
     bill, then it should be deleted.
     Administrative Provisions
       150. The Senate amendment, but not the House bill, provides 
     ``administrative provisions'' applicable to the grant 
     recipients.
       The House recedes with an amendment changing five years to 
     three years.
     Other Assistance
       151. The Senate amendment, but not the House bill, 
     authorizes the Secretary to provide assistance to other 
     telecommunications networks, which are statewide or local, 
     and which meet certain conditions. Among the activities 
     authorized, are telecommunications programs for continuing 
     education.
       The House recedes.


             development of educational technology products

(Title II, Subpart 4 in H.R. 6/Title III, Part A, Sec. 3124 in S. 1513)

       152. The House bill, but not the Senate amendment makes 
     this a subpart with a separate heading.
       The Senate recedes.
       153. The Senate amendment, but not the House bill, includes 
     a second purpose to develop long-term programming.
       The House recedes.
       154. Similar provisions, but the House bill does not 
     specify the type financial assistance to be provided when the 
     Senate amendment specifies ``grants'' and the House bill 
     notes the resources are to be used in the classroom or for 
     professional development and the Senate amendment notes the 
     resources should be ``curriculum based'' and includes 
     ``educational radio and television.''
       The Senate recedes.
       155. The House bill, but not the Senate amendment 
     authorizes both grants and loans for this section with 
     certain requirements for each category of assistance.
       The Senate recedes.
       156. The House bill requires cost sharing, with the amount 
     determined by the Secretary; the Senate amendment allows the 
     Secretary to require cost sharing which must be announced in 
     the federal register.
       The House recedes.
       157. The House bill requires that a consortium be made up 
     of at least one entity in each of the categories described 
     under (A), (B), (C) or (D); the Senate amendment requires 
     that a consortium be made up of at least one entity in each 
     of two categories described under (A) and may include 
     entities in two other categories described under (B).
       The House recedes.
       158. The House bill, but not the Senate amendment, requires 
     the Secretary to establish a private sector advisory board.
       The House recedes.
       159. The House bill gives priority to ``programs or systems 
     that''--promote educational excellence, are aligned with 
     standards, can be adapted nationally, converts Defense 
     resources, reduces costs of providing instruction and expands 
     access; the Senate amendment gives priority to ``products 
     that are developed''--to be adapted nationally, raise 
     achievement levels, in consultation with teachers and with 
     those designing standards, adapted for adults needing 
     literacy services.
       The House recedes with an amendment merging the House and 
     Senate provisions on priorities.
       160. Identical provisions, but the House bill includes 
     students ``of all ages.''
       The House recedes.
       161. Similar provisions, but the House bill emphasizes 
     training of teachers to integrate technology in the classroom 
     and the Senate amendment emphasizes promoting professional 
     development of teachers and administrators.
       The House recedes.
       162. Identical provisions, but the House bill includes 
     ``piloting'' and there are conforming differences.
       The House recedes.
       163. Identical provisions with conforming differences, and 
     ``large'' in the House bill, is ``significant'' in the Senate 
     amendment.
       The House recedes.
       164. Identical provision, except only the Senate amendment 
     includes, ``of products.''
       The House recedes.
       165. The Senate amendment, but not the House bill, requires 
     a description of how rights will be allocated among 
     consortium participants.
       The House recedes.
       166. The Senate amendment, but not the House bill, requires 
     a description of contributions and how any revenues from the 
     sale of products will be distributed.
       The House recedes.
       167. The House bill requires the Secretary to provide for 
     an independent evaluation of programs and for dissemination 
     of useful information; the Senate amendment requires the 
     Secretary to disseminate useful information through a variety 
     of media.
       The House recedes with an amendment to merge the House and 
     Senate provisions.
       168. The House bill authorizes the Secretary to require 
     royalty payments; the Senate amendment prohibits the 
     Secretary from disallowing financial gain from products and 
     requires profits or royalties received by the SEAs, LEAs, or 
     other non-profits be used to support further development.
       The House recedes.
     Authorization of Appropriations
       169. Identical provisions with different wording.
       Legislative counsel.


                       Ready-To-Learn Television

       170. The Senate amendment, but not the House bill, 
     authorizes an appropriation of $30m to fund non-profit 
     entities to produce educational and instructional video 
     programming for preschool and elementary school children and 
     their families.
       The House recedes. The committees are aware of the 
     Department of Commerce's National Endowment for Children's 
     Educational Television grant program, established by P.L. 
     101-437. The committees intend for the Departments of 
     Education and Commerce to share information regarding program 
     activities to achieve better coordination among federally-
     supported programs for children's educational television 
     programming. The Department of Education is requested to 
     provide expertise on the implementation of National Education 
     Goals 2000 Report as it applies to children's educational 
     television programming.


          Elementary Mathematics and Science Equipment Program

                          (Title III, Part D)

       171. The Senate amendment, but not the House bill, 
     authorizes an appropriation of $30m to provide State 
     educational agencies, through a formula driven program, funds 
     to be distributed to LEAs for purchasing equipment and 
     materials for math and science programs in schools.
       The House recedes.


        Telecommunications Demonstration Project for Mathematics

       The Senate amendment, but not the House bill, includes a 
     program which provides grants to telecommunications entities.
       The House recedes.

                     Part ?? Library Media Program

       172. The House bill part is entitled ``Library Media 
     Program'' while the Senate amendment part is entitled 
     ``Elementary and Secondary School Library Media Resources 
     Program.''
       The House recedes.
     Establishment of Program
       173. The House bill section is entitled ``Establishment of 
     Program'' while the Senate amendment section is entitled 
     ``Program Authorized.''
       Legislative counsel.
       174. The House bill authorizes the Secretary to ``award 
     grants from allocations under section 2232 to States'' 
     whereas the Senate amendment authorizes the Secretary to 
     ``award grants or make allocations'' in accordance with this 
     part.
       Legislative counsel.
     Allocation to States
       175. The House bill section is entitled ``Allocation to 
     States'' while the Senate amendment section is entitled 
     ``Funding Requirements.''
       Legislative counsel.
       176. The House bill authorizes funds for the library 
     program in section 2205, (this is an incorrect citation in 
     the bill--it should be 2235) at $200 million for the first 
     year while the Senate amendment allocates funds for this part 
     from the funds authorized under its technology part, which 
     totals $200 million in the first year. The Senate amendment 
     specifies that this library program should receive 10 to 20 
     percent of such funds.
       The Senate recedes.
       177. Regarding appropriations under $50 million, the House 
     bill stipulates that grants will be made at the discretion of 
     the Secretary, while the Senate specifies that the Secretary 
     shall award grants to States on a competitive basis.
       The House recedes.
       178. In the same provisions, the Senate, but not the House 
     provides that grant awards should take into account ``the 
     relative economic need of the students to be served.''
       The House recedes.
       179. Regarding appropriations over $50 million, the House 
     bill provides funds to States to reflect the ratio of what a 
     State receives under section 1122 of title I (this is an 
     incorrect citation) relative to what all States receive under 
     that section. The Senate has a similar provision, however, it 
     is based instead on the title II Eisenhower professional 
     development allocations.
       The House recedes.
     State Plans
       180. The House bill states that a State must have a plan 
     including specified provisions in order to receive an 
     ``allocation of funds.'' The Senate amendment provides States 
     with such state plans with ``a grant or an allocation of 
     funds.''
       Legislative counsel.
       181. In the state plans, both House and the Senate specify 
     that funds under this part shall be used for acquisition of 
     school library resources. The House bill states that these 
     include ``foreign language resources''; the Senate amendment 
     states that these include ``books and foreign language 
     resources.''
       The House recedes.
       182. The House bill separates this sentence with a semi-
     colon after ``resources'' while the Senate amendment uses a 
     comma.
       Legislative counsel.
       183. The House bill allows 5% of the funds paid to States 
     for any fiscal year to be used for administration of the 
     State plan while the Senate amendment allows 3% for 
     administration. (The House 5% provision is not consistent 
     with the provision that State must distribute 99% of their 
     funds to LEAs. See note #527.)
       The House recedes.
       184. The House bill states that a State plan may be 
     submitted as part of a consolidated application. The Senate 
     amendment has no such provision.
       The Senate recedes.
     Distribution of Allocation to Local Educational Agencies
       185. The House provides that no less than 99% of the funds 
     made available to States under section 2202 (this is an 
     incorrect citation and should be 2232) shall be distributed 
     to LEAs. (This is not consistent with the provisions that the 
     State may keep up to 5% of funds allocated to it for 
     administration. See note #525.)
       The Senate provides that no less than 97% of the funds 
     allocated to States under this part shall be distributed to 
     LEAs on the same basis as are the funds under section 2122 
     (the allocation of funds under the Senate amendment 
     Technology part).
       The House recedes.
       186. The House bill, but not the Senate amendment, 
     distributes funds passed on relative enrollments of 
     elementary and secondary school students, providing a higher 
     allotment per pupil to LEAs with a high number or percentage 
     of students who impose a higher than average cost per child.
       The Senate recedes.
     Authorization of Appropriations
       187. The House bill authorizes $200,000,000 for this part 
     for FY95 and such sums thereafter. The Senate amendment has 
     not such provision but rather authorizes funds as a 
     percentage of their Technology part authorization.
       The Senate recedes.


          Title IV--safe and drug-free schools and communities

       1. The House bill uses the terms ``part'' and ``it or its'' 
     (when referring to a local educational agency for the second 
     time within a paragraph or subsection. The Senate amendment 
     use the terms ``subpart'' and ``such agency or agencies'' 
     (when referring to a local educational agency in similar 
     situations). Also, the Senate amendment uses subsection 
     headings throughout; the House uses them inconsistently. 
     Finally, the House spells out numbers ``e.g. three million'', 
     the Senate uses Arabic numerals ``e.g., 3,000,000''.
       Legislative counsel.
     Short title
       2. The House bill, but not the Senate amendment, includes a 
     short title.
       Legislative counsel.
     Findings
       3. The House bill refers to ``Goal Six''; the Senate 
     amendment refers to ``the seventh National . . . Goals''.
       The House recedes.
       4. The Senate amendment, but not the House bill, includes 
     the term ``and the unauthorized presence of firearms and 
     alcohol''.
       The House recedes.
       5. The House bill, but not the Senate amendment, uses the 
     term ``the widespread illegal use of alcohol and other 
     drugs''.
       The Senate recedes with an amendment striking ``other''.
       6. The House bill, but not the Senate amendment, adds the 
     sentence ``Approximately one out of every five high school 
     students now carries a firearms, knife, or club on a regular 
     basis.''.
       The House recedes.
       7. The Senate amendment, but not the House bill, adds 
     findings related to violence linked to prejudice and 
     intolerance and the fact that violence and drug abuse have 
     numerous personal and societal roots and, therefore, 
     character education is important.
       The House recedes on the findings with respect to prejudice 
     and intolerance. The Senate recedes on the finding concerning 
     character education.
       8. The House bill use the terms ``drugs'' and ``by their 
     communities . . .''; The Senate amendment uses the terms 
     ``other drugs'' and ``by such student communities . . .''.
       The Senate recedes.
       9. The House bill, but not the Senate amendment, includes a 
     finding citing the statistics on the widespread use of 
     alcohol among teenagers and its effect.
       The Senate recedes.
       10. The Senate amendment, but not the House bill, includes 
     a finding relative to alcohol and tobacco being the most 
     widely abused drugs among young people and the consequences 
     of failure to include them in anti-drug abuse education.
       The House recedes.
       11. The House bill, but not the Senate amendment, uses the 
     term ``for the first time''.
       The House recedes.
       12. The House bill uses the term ``high school seniors''; 
     the Senate amendment uses the term ``secondary school 
     seniors''.
       The House recedes.
       13. The House bill, but not the Senate amendment, includes 
     a finding that the failure to include tobacco in an anti-drug 
     program sends the wrong message as to its acceptability (See 
     Note 10). Also the House bill, but not the Senate amendment, 
     includes a finding on nicotine as an addictive substance.
       The House recedes.
       14. The House bill use the term ``their goals''; the Senate 
     amendment uses the term ``the goals''.
       The House recedes.
     Purpose
       15. The House bill refers to ``Goal Six''; the Senate 
     amendment refers to the ``seventh National . . . Goal''.
       The House recedes.
       16. The House bill refers to the ``illegal use of alcohol 
     and drugs''; the Senate amendment refers to the ``illegal use 
     of alcohol, tobacco, and other drugs''.
       The House recedes with an amendment striking ``other''.
       17. The House bill, but not the Senate amendment, includes 
     local and intermediate educational agencies and consortia as 
     entities eligible for State grants.
       The House recedes.
       18. The House bill uses the term ``education''; the Senate 
     amendment uses the term ``education for school dropouts and 
     other high-risk youth''.
       The Senate recedes.
       19. The Senate amendment, but not the House bill, includes 
     ``research''.
       The Senate recedes.
       20. The House bill refers to programs in institutions of 
     higher education ``for the development and implementation of 
     model programs'' to promote the safety of students; the 
     Senate amendment refers to programs in such institutions ``to 
     establish, operate, expand, and improve drug and violence 
     prevention, education and rehabilitation referral programs.''
       The House recedes.
     Authorization of Appropriations
       21. The House bill authorizes $630,000,000 for State 
     programs for FY 1995 and such sums as may be necessary for 
     each of FYs 1996 through 1999, and $25,000,000 for the 
     National Programs for FY 1995 and such sums as may be 
     necessary for each of FYs 1996 through 1999, with the money 
     to be available on an advance funded basis and available for 
     expenditure for 18 months; the Senate authorizes $660,000,000 
     for FY 1995 and such sums as may be necessary for each of the 
     four succeeding Fiscal Years, with no more than 10% to be 
     reserved for National Programs.
       The Senate recedes with an amendment striking the provision 
     concerning the availability of funds.
       22. The House bill uses the term ``From the amount 
     appropriated . . .''; the Senate amendment uses the term 
     ``From the amount available. . .''.
       Legislative counsel.
       23. The House bill uses the term ``Palau (until the 
     effective date of the Compact of Free Association with the 
     Government of Palau)''; the Senate amendment uses the term 
     ``The Republic of the Marshall Islands, the Federated State 
     of Micronesia, and Palau''.
       The House recedes.
       24. The House bill refers to sections 1124 and 1124A of 
     this act; the Senate amendment refers to section 1122. No 
     substantive difference.
       Legislative counsel.
       25. The House bill uses the term ``as in effect on the day 
     before enactment of the Safe and Drug-Free Schools and 
     Communities Act Amendments of 1994''; the Senate amendment 
     uses the term ``as such sections were in existence on the day 
     preceding the date of enactment of the Improving America's 
     Schools Act of 1994''.
       The House recedes.
       26. The House bill states that if the Secretary makes a 
     reallotment, the Secretary ``shall'' use a specific 
     formula''; the Senate amendment says the Secretary ``may'' 
     use the given formula.
       The Senate recedes.
       27. In paragraph (4), the Senate amendment, but not the 
     House bill, places the definition of ``State'' in a new 
     subparagraph (A) and, in a new subparagraph (B), provides 
     that the term ``local educational agency'' includes 
     intermediate school districts and consortia.
       The House recedes with a conforming amendment substituting 
     the term ``education service agencies'' for the term 
     ``intermediate school districts''.
       28. The House bill, but not the Senate amendment, requires 
     that the State application for this program be coordinated 
     with its Goals 2000 application, if it has one, or any other 
     State plan applicable to similar programs or efforts.
       The House recedes.
       29. The House bill requires that the application be 
     developed ``in consultation with the chief executive 
     officer'' and numerous other officials; the Senate amendment 
     requires that the application ``contains assurances that the 
     application was developed in consultation and coordination 
     with appropriate State officials . . . including the chief 
     State school officer'' and other officials similar to the 
     House provisions.
       The House recedes with an amendment adding ``chief 
     executive officer'' to the list of officials who must be 
     consulted in the development of the application. The 
     conferees expect that both the chief executive officer and 
     the chief state school officer will consult with each other, 
     as well as with other appropriate officials, in the 
     development of their respective plans for the use of funds 
     under this title. Neither official, however, is authorized to 
     approve the contents of the plan developed by the other. 
     Further, the conferees wish to emphasize that the needs 
     assessment required by Section 5112(a)(1) may be a single 
     needs assessment performed jointly by the chief executive 
     officer and the chief state school officer or it may include 
     separate assessments performed by each official.
       30. The House bill, but not the Senate amendment, requires 
     assurance that the State will cooperate in the national 
     evaluation and that the application will include any other 
     information the Secretary may require.
       The Senate recedes.
       31. The House bill uses the term ``it'' when referring to 
     the S.E.A.; the Senate amendment uses the term ``such 
     agency''.
       Legislative counsel.
       32. See preceding note.
       Legislative counsel.
       33. The House bill requires an assurance that the 
     application will contain ``a description of how the State 
     educational agency will coordinate its activities under this 
     part with drug and violence prevention efforts of other State 
     agencies''; the Senate amendment requires an assurance the 
     application will contain ``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.''.
       The House recedes.
       34. The House bill uses the term ``his or her'' when 
     referring to the chief executive officer; the Senate 
     amendment uses the term ``such officer's''.
       Legislative counsel.
       35. The House bill uses the term ``its'' when referring to 
     the State; the Senate amendment uses the term ``State's''.
       Legislative counsel.
       36. The Senate amendment, but not the House bill, includes 
     the term ``. . . in accordance with this subpart.'' when 
     referring to application approval.
       Legislative counsel.
     State and local educational agency programs
       37. The House bill, but not the Senate amendment, contains 
     a caveat on the distribution of State education program 
     funding--see following note.
       The House recedes.
       38. The House bill, but not the Senate amendment, contains 
     a provision relating to States which have current programs 
     operated by an `independent State agency (defined)' which 
     commingle Governor's and S.E.A. funds. The provision requires 
     a specific division of the funds with respect to the programs 
     supported and the grants made.
       The Senate recedes with amendments which designate 
     independent state agencies in the affected states as the 
     recipients of funds, but requires that such agencies 
     participate on the same basis and with the same allotment of 
     funds as the chief executive officer in other states.
       39. The House bill includes ``. . . administrators, 
     counselors, coaches and athletic directors, other educational 
     personnel, parents . . .'' among those to receive training 
     and technical assistance; the Senate amendment includes'' . . 
     . administrators, coaches and athletic directors, other 
     staff, parents . . .'' among the same group.
       The House recedes.
       40. The House bill, but not the Senate amendment, includes 
     the term ``(including videotapes, software, and other 
     technology-based learning resources) when describing 
     curriculum materials.
       The Senate recedes.
       41. The Senate amendment, but not the House bill, includes 
     ``making available to [l.e.a.s] cost effective programs for 
     youth violence and drug abuse prevention'' as an eligible 
     activity.
       The House recedes.
       42. The Senate amendment, but not the House bill, includes 
     ``training, technical assistance, and demonstration projects 
     to address violence associated with prejudice and 
     intolerance'' as an eligible activity.
       The House recedes.
       43. The House bill uses the term ``the evaluation of 
     activities carried out within the State under this part''; 
     the Senate amendment uses the term ``evaluation activities 
     required by this subpart.''
       The Senate recedes.
       44. The House bill allows the State educational agency to 
     use 4% for administrative costs; the Senate amendment allows 
     5% for the same.
       The Senate recedes.
       45. The House bill uses the term ``its'' when referring to 
     the S.E.A.; the Senate amendment uses the term ``such 
     agency's''.
       Legislative counsel.
       46. The House bill requires a S.E.A. to distribute no less 
     than 92% of funds to l.e.a.s; the Senate amendment requires 
     an S.E.A. to distribute not less than 90% to l.e.a.s.
       The Senate recedes with an amendment setting the percentage 
     at 91 per cent.
       47. The House bill uses the term ``within their 
     boundaries''; the Senate amendment uses the term ``within the 
     boundaries of such agencies.''.
       Legislative counsel.
       48. The House bill, but not the Senate amendment, requires 
     that to the extent practicable, no less than 25% of the funds 
     available be distributed to rural areas.
       The Senate recedes with amendments stipulating that the 
     allocation of funds should be based upon an objective 
     assessment of need and adding local educational agencies in 
     urban areas as entities eligible for the 25 per cent set-
     aside.
       49. The Senate amendment, but not the House bill, includes 
     the term ``. . . in the State . . .'' when referring to 
     l.e.a.s.
       Legislative counsel.
       50. The House bill uses the term ``such factors as''; the 
     Senate amendment uses the term ``factors such as''.
       The House recedes with an amendment to strike ``factors'' 
     and insert ``objective data''.
       51. The Senate amendment, but not the House bill, adds 
     ``high incidence of violence associated with prejudice and 
     intolerance'' to the factors to be considered in the 
     distribution of supplemental funding.
       The House recedes.
       52. The House bill, but not the Senate amendment, includes 
     a provision on the return of unused or unneeded funds to 
     State educational agencies and the reallotment of such funds.
       The Senate recedes with an amendment striking 
     ``intermediate educational agency''
       53. The House bill, but not the Senate amendment, reserves 
     10% of the Governor's fund for the DARE program required 
     under the House bill. The Senate recedes with amendment to 
     add a new provision entitled Law Enforcement Education 
     Partnerships which keeps the reservation and allows it to be 
     used for law enforcement agencies win consortia with LEAs or 
     community-based agencies to carry out drug abuse and violence 
     prevention activities.
       54. The House bill uses the term ``no more than five 
     percent of the 20 percent of the total amount described in 
     paragraph (1) for the administrative costs''; the Senate 
     amendment uses the term ``not more than 5% of the amount 
     reserved under subsection (a)(1) for the administrative 
     costs''.
       Legislative counsel.
       55. The House bill, but not the Senate amendment, requires 
     the establishment of a State advisory panel to assist the 
     chief executive officer and the S.E.A. in administering funds 
     and programs under this authority. The provision stipulates 
     makeup, duties and the requirement that the panel devise a 
     statewide plan for programs to be carried out by both the 
     Governor and the S.E.A. Meetings, political affiliation and 
     compensation are also prescribed.
       The House recedes.
       56. The House bill requires that in making certain grants, 
     the chief executive officer provide services to certain 
     groups; the Senate amendment requires that in making similar 
     grants, priority be given to serving a similar group (see 
     next note).
       The House recedes with an amendment requiring the chief 
     executive officer to undertake special outreach efforts to 
     seek the involvement of community-based agencies in low-
     income communities.
       57. The Senate amendment, but not the House bill, adds 
     ``pregnant and parenting teenagers'' to the group to be 
     served by grants from the chief executive officer.
       The House recedes.
       58. The House bill references subsection (c); the Senate 
     amendment references subsection (b).
       The House recedes.
       59. The House bill uses the term ``education, early 
     intervention, counseling, or rehabilitation referral'' when 
     discussing training; the Senate amendment uses the term 
     ``comprehensive health education, early intervention, pupil 
     services, or rehabilitation referral'' when referring to the 
     same activity.
       The House recedes.
       60. The House bill refers to ``vocational and jobs skills 
     training, law enforcement, health, mental health, and other 
     appropriate services, when referring to coordination of 
     services; the Senate amendment refers to ``vocational and job 
     skills training and placement, law enforcement, health, 
     mental health, community service, mentoring and other 
     appropriate services'' when referring to the same activity.
       The House recedes.
       61. The Senate amendment, but not the House bill, includes 
     before and after school activities, professional development 
     workshops, activities to prevent and reduce violence 
     associated with prejudice and intolerance, as eligible 
     activities.
       The House recedes with an amendment striking ``professional 
     development workshops for teachers and curricula'' and 
     inserting in lieu thereof ``activities''.
       62. The Senate amendment, but not the House bill, includes 
     age appropriate programs to prevent child abuse and community 
     service and service learning as eligible activities
       The House recedes with an amendment to strike child abuse 
     prevention activities and clarify that service-learning 
     activities should encourage drug- and violence-free 
     lifestyles.
       63. The House bill, but not the Senate amendment, requires 
     a specific DARE program required under the House bill. The 
     requirement includes specific programmatic and administrative 
     provisions.
       The Senate recedes with an amendment reserving 10% of the 
     Governor's funds for law enforcement partnership activities, 
     which may include Project DARE.
       64. The House bill uses the term ``an allocation''; the 
     Senate amendment uses the term ``a distribution''.
       Legislative counsel.
       65. The Senate amendment, but not the House bill, includes 
     ``pupil services personnel'' among the groups to be consulted 
     in the development of a local application.
       The House recedes.
       66. The House bill uses the term ``including community 
     service and service learning projects, and the agencies that 
     administer them'' when referring to how best to coordinate 
     programs; the Senate uses the term ``and the agencies that 
     administer such programs, projects, and activities''.
       Legislative counsel.
       67. The House bill uses the term ``an assessment of the 
     current use (and consequences of such use) of alcohol, 
     tobacco, and controlled, illegal, addictive or harmful 
     substances'' when describing application requirements; the 
     Senate amendment uses the term ``a description of the current 
     alcohol, tobbaco and other drug problems'' when setting forth 
     the same requirement.
       The Senate recedes with an amendment striking assessment 
     and inserting in lieu thereof ``objective analysis''.
       68. The House bill, but not the Senate amendment, requires 
     the l.e.a. to show how this application is coordinated with 
     the State or local GOALS 2000 plan, if such exists.
       The House recedes with an amendment to include the 
     following: (A) how that plan is integrated with other plans 
     under this Act, the Goals 2000: Educate America Act or other 
     Acts, as appropriate consistent with the General Provisions 
     governing this Act.
       69. The House bill, but not the Senate amendment, requires 
     the l.e.a. to know how this program is tied to a 
     comprehensive plan for programs carried out under this 
     authority.
       The House recedes.
       70. The House bill refers to the specific provisions 
     allotting funds to an l.e.a.; the Senate makes a generic 
     reference to the ``distribution under this subpart''.
       Legislative counsel.
       71. The House bill allows a process other than peer review 
     in the review of application by the S.E.A.; the Senate 
     amendment requires the use of a peer review process.
       The Senate recedes.
       72. The House bill, but not the Senate amendment, requires 
     an S.E.A. to consider the extent a l.e.a. application 
     supports the GOALS 2000 plan of a State when it reviews a 
     l.e.a. application.
       The House recedes with an amendment to include the 
     following: ``and the extent to which it is integrated with 
     other plans under this Act, the Goals 2000: Educate America 
     Act or other Acts, as appropriate consistent with the General 
     Provisions governing this Act.''
       73. The House bill uses the term ``use of funds allotted''; 
     the Senate amendment uses the term ``use of funds 
     distributed.''
       Legislative counsel.
       74. The House bill, but not the Senate amendment, in 
     discussing S.E.A. disapproval of an l.e.a. application, says 
     that it may be done to further the GOALS 2000 plan of the 
     State, except that an l.e.a. must be afforded an opportunity 
     to appeal such disapproval.
       The Senate recedes with an amendment striking the reference 
     to Goals 2000.
       75. The House uses the term ``needs assessments''; the 
     Senate uses the term ``needs''.
       The House recedes.
       76. In paragraph (1), the House bill refers to ``drug 
     prevention and education programs.'' The Senate amendment 
     refers to ``drug prevention and comprehensive health 
     education programs''.
       The Senate recedes.
       72. The House includes ``counseling'' under programs 
     authorized; the Senate includes ``pupil services'' instead.
       The House recedes.
       73. The Senate amendment, but not the House bill, includes 
     ``tobacco'' in the description of comprehensive strategies.
       The House recedes.
       74. The House bill uses the term ``sexual harassment''; the 
     Senate amendment uses the term ``sexual harassment and abuse, 
     and victimization associated with prejudice and 
     intolerance''.
       The House recedes.
       75. The House bill, but not the Senate amendment, includes 
     ``student pledges to renounce the use of violence, student 
     non-violence awareness days, student outreach efforts against 
     violence, anti-crime youth councils (which work with school 
     and community-based organizations to discuss and develop 
     crime prevention strategies)'' under violence prevention 
     activities.
       The Senate recedes with an amendment to strike the 
     references to student pledges and to student nonviolence 
     awareness days and to add ``and abuse'' after ``sexual 
     harrassment''.
       81. The Senate amendment, but not the House bill, includes 
     character education programs.
       The House recedes with an amendment stipulating the 
     character education may be one component of a comprehensive 
     drug and violence prevention program.
       76. The Senate amendment, but not the House bill, includes 
     `safe zones of passage' programs.
       The House recedes.
       77. The House bill, but not the Senate amendment, allows 
     for the payment of up to \1/2\ of the cost of minor 
     remodeling to promote security and reduce the risk of 
     violence.
       The House recedes.
       78. The Senate amendment, but not the House bill, includes 
     reimbursement of law enforcement authorities and professional 
     development workshops on alternatives to violence as 
     allowable activities.
       The House recedes with amendments striking the provision 
     with respect to the reimbursement of law enforcement 
     authorities and the term ``workshops''.
       79. The House bill limits expenditures on remodeling and 
     safety devices to no more than 33% of the funds received 
     under the program; the Senate amendment limits the 
     expenditures for safe passage zones, safety devices, and 
     reimbursement of law enforcement authorities to not more than 
     10% of the funds received under the program.
       The House recedes with an amendment setting the limitation 
     at 20 per cent.
       80. The House bill, but not the Senate amendment, 
     stipulates that past expenditures for comprehensive health 
     activities funded by this program will be deemed to have been 
     allowable.
       The Senate recedes.
       The Conferees wish to make plain that this provision should 
     be widely interpreted, that it covers all questions dealing 
     with percentage of costs covered with funds received under 
     this Act and that it pertains to all fiscal years since the 
     inception of the Act.
       81. The Senate amendment, but not the House bill, 
     stipulates that funds under this program may be used for safe 
     passage programs, safety devices and reimbursement of law 
     enforcement authorities only if funds for such purposes are 
     not received from other Federal agencies.
       The House recedes.
     Evaluation and Reporting
       82. In subsection (a), the Senate amendment, but not the 
     House bill, places the National Impact Evaluation provision 
     in a paragraph (1) headed ``BIENNIAL EVALUATION'' and 
     provides that the evaluation also cover ``other recent and 
     new initiatives to combat violence in schools''.
       The House recedes.
       83. The Senate amendment requires the collection by the 
     Secretary of National information and data. Further, the 
     House bill requires a submission of a report every three 
     years by the State educational agency; the Senate amendment 
     requires a report on the same timeline from the Chief 
     executive officer, in cooperation with the State educational 
     agency.
       The House recedes with an amendment requiring that such 
     data be collected by the National Center for Education 
     Statistics.
       84. The Senate amendment, but not the House bill, requires 
     that the report include activities funded under the 
     Governor's program.
       The House recedes.
       85. The Senate amendment, but not the House bill, requires 
     the report to include information on progress in meeting the 
     goals under the Governor's program.
       The House recedes.
     Programs for Hawaiian Natives
       86. The Senate amendment, but not the House bill, included 
     the term ``to carry out this section''.
       The House recedes with an amendment making the term 
     ``native Hawaiians'' instead of ``Hawaiian natives''.
       87. The House bill uses the term ``this''; the Senate 
     amendment uses the term ``this title''--probably a mistake in 
     the House bill.
       Legislative counsel.
     National Programs
     Federal Activities
       88. The Senate amendment, but not the House bill, includes 
     the Chair of the Ounce of Prevention Council among the 
     individuals with whom the Secretary consults relative to 
     Federal Activities.
       The House recedes.
       89. The House bill uses the term ``preschool through 
     postsecondary''; the Senate amendment uses the term 
     ``prekindergarten through postsecondary''.
       The Senate recedes.
       90. The House bill, but not the Senate amendment, requires 
     that demonstration and evaluations of innovative approaches 
     be of programs carried out in cooperation with other Federal 
     agenies.
       The House recedes.
       91. The Senate amendment, but not the House bill, 
     authorizes coordinated research programs.
       The Senate recedes.
       92. The House bill, but not the Senate amendment, 
     authorizes the provision of information for distribution 
     through the clearinghouse on alcohol and drug abuse 
     information, the development, dissemination and 
     implementation of programs to promote the safety of students 
     in institutions of higher education, and the development of 
     curriculum regarding child abuse training and prevention.
       The Senate recedes with an amendment striking the 
     provisions concerning students attending institutions of 
     higher education.
       93. The Senate amendment, but not the House bill, 
     stipulates that the evaluations be in accordance with section 
     10701.
       The House recedes.
       94. The House bill uses the phrase ``developing and 
     disseminating drug and violence prevention materials, 
     including video-based projects and model curricula''; the 
     Senate amendment uses the phrase ``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.''.
       The Senate recedes with an amendment adding the development 
     of education and training programs designed to prevent hate 
     crimes as an eligible activity.
       95. The Senate amendment, but not the House bill, 
     authorizes developing and disseminating materials and 
     curricula--see preceding NOTE.
       The Senate recedes.
     Grants to Institutions of Higher Education
       96. The Senate amendment, but not the House bill, 
     authorizes grants to institutions of higher education for 
     drug and violence prevention programs for students enrolled 
     in such institutions.
       The House recedes with an amendment to add ``other drugs by 
     such students'' on line 2 of section 5122.
       Such report on model programs shall be coordinated with the 
     report required under sec. 204(a)(4)(B) of Public Law 101-
     542, the Student Right to Know and Campus Security Act of 
     policies, procedures, and practices which have proven 
     effective in the reduction of campus crime.
     Hate Crime Prevention
       97. The House bill, but not the Senate amendment, 
     authorizes grants to local educational agencies and community 
     based organizations to support a wide range of activities to 
     prevent and reduce crime associated with hate and prejudice 
     in those localities most directly affected by such crimes.
       SR with amendments (1) if funded will come out of 
     secretaries discretionary money and (2) delete duplicative 
     definitions (all).
       The Conferees wish to clarify that grants under this 
     authority shall be supported with funds made available to the 
     Secretary for national activities.
     General Provisions
       98. The House bill, but not the Senate amendment, cites the 
     use of tobacco.
       The House recedes.
       99. The Senate amendment, but not the House bill, has a 
     provision relating to ``prevention, early intervention, 
     smoking cessation activities, or education related to the use 
     of tobacco''.
       The House recedes with an amendment adding at the end ``by 
     children and youth eligible for services under this title.''
       The Conferees have agreed to set out provisions related to 
     the prevention of the use of tobacco in a separate 
     subparagraph only for the purposes of enhancing the clarity 
     of the definition of ``drug and violence prevention''. By 
     agreeing to this construction, the Conferees do not intend 
     for the prevention of illegal tobacco use to be construed to 
     be an optional component of the comprehensive drug and 
     violence prevention activities carried out by recipients of 
     funds under this title. To be credible, messages opposing 
     illegal drug use by youth should address alcohol and tobacco 
     as well.
       100. The House bill uses the term ``sexual harassment''; 
     the Senate amendment uses the term ``sexual harassment and 
     abuse, and victimization associated with prejudice and 
     intolerance''.
       The House recedes.
       101. The Senate amendment, but not the House bill, includes 
     a definition of ``hate crime''--see the program in the House 
     bill related to this topic.
       The House recedes.
       102. The House bill, but not the Senate amendment, includes 
     the term ``inclusive'' in describing the age group included 
     in definition.
       Legislative counsel.
     Prohibited Use of Funds
       103. The House bill prohibits the use of funds to provide 
     ``psychiatric, psychological, or other medical treatment or 
     rehabilitation, other than school-based counseling for 
     students or school personnel who are victims or witnesses of 
     school-related crime''; The Senate amendment prohibits the 
     use of funds to provide ``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.''
       The House recedes with an amendment adding ``and 
     rehabilitation'' after ``treatment'' and striking the word 
     ``other''.
     Certification of Drug and Alcohol Abuse Prevention Programs
     Drug-Free
       104. The House bill, but not the Senate amendment, sets out 
     the minimum requirements for programs to prevent the use of 
     illegal drugs and alcohol by students and employees that an 
     l.e.a. must certify to an S.E.A. as having been adopted and 
     implemented.
       The House recedes.
       105. The Senate amendment, but not the House bill, 
     authorizes grants to educational service organizations and 
     consort a thereof for a wide range of programs to prevent 
     dropouts, identification of potential dropouts and school 
     completion programs. $50 million is authorized for this 
     activity.
       The House recedes with an amendment placing the dropout 
     prevention program in part C of Title V.


               title v, part a--magnet schools assistance

       4. The Senate amendment, but not the House bill, includes 
     making special efforts in discouraging isolation of 
     ``Students by racial characteristics''
       The House recedes.
       5. The House bill refers to ``local educational agencies''; 
     the Senate amendment refers to ``school district''. The House 
     bill refers to ``if they have more flexibility''; the Senate 
     amendment refers to ``if such districts have more flexibility 
     in the administration of such program in order to. . . ''.
       The Senate recedes on ``local educational agencies'' and 
     legislative counsel will address the flexibility clause.
       6. The Senate amendment, but not the House bill, includes 
     ``consistent with desegregation guidelines'' in enabling 
     participation by students who reside in the neighborhoods 
     where the program operates.
       The House recedes.
       7. The Senate amendment, but not the House bill, includes 
     ``after Federal funding ends, the Federal Government must 
     assist school districts to improve their capacity'' to 
     continue to operate at a high level of performance.
       The House recedes.
       8. The House bill refers to ``its''; the Senate amendment 
     refers to ``the Federal Government'' in continuing its 
     support of local educational agencies in implementing court-
     ordered desegregation plans, plus LEA issue.
       Legislative counsel.
       9. The House bill refers to ``their''; the Senate amendment 
     refers to ``such students'' in expressing the Federal 
     Government's support in magnet schools programs, and other 
     differences.
       Legislative counsel.
       10. The House bill refers to ``new and innovative programs 
     in magnet schools that contribute to State and local systemic 
     reform''; the Senate amendment refers to ``effective and 
     innovative magnet schools that contribute to State and local 
     systemic reform.''
       The House recedes.
       11. The House bill refers to ``part''; the Senate amendment 
     refers to ``title'' in the Statement of Purpose. In addition, 
     the House bill refers to local educational agencies while the 
     Senate amendment refers to school districts.
       Legislative counsel.
       12. The House bill refers to ``State performance 
     standards''; the Senate amendment refers to ``State content 
     standards and challenging State student performance 
     standards'' in providing all students opportunities in 
     achieving standards.
       The House recedes.
       13. The Senate amendment, but not the House bill, includes 
     ``and consortia of such agencies where appropriate, to carry 
     out the purpose of this title for magnet schools that are'' 
     as eligible to receive grant awards. The Senate amendment 
     also itemizes eligibility criteria.
       The House recedes with an amendment inserting ``eligible'' 
     before LEA.
       14. The House bill refers to ``a school or education 
     center''; the Senate amendment refers to ``a public school or 
     public education center'' in the definition of a Magnet 
     School.
       The House recedes.
       15. The House bill refers to eligible grantees as ``a local 
     educational agency''; the Senate amendment refers to a ``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'' meet specific criteria.
       The House recedes on consortia and the Senate recedes on 
     this program being a part rather than a title.
       15A. The House bill refers to ``it under this part''; the 
     Senate amendment refers to ``such local educational agency or 
     consortium of such agencies under this part.''
       The House recedes.
       16. The House bill refers to ``An eligible local 
     educational agency''; the Senate amendment refers to ``An 
     eligible local educational agency or consortium of such 
     agencies,'' desiring to receive assistance under this 
     program.
       The House recedes and the Senate recedes on this program 
     being a part rather than a title.
       16A. The House bill refers to ``An application under this 
     part shall include--''; the Senate amendment refers to ``Each 
     such application shall include--''.
       Legislative counsel.
       16B. The House bill refers to ``this part'' while the 
     Senate amendment refers to ``this title''.
       The Senate recedes.
       17. The House bill refers to ``will increase''; the Senate 
     amendment refers to ``seeks to increase'' when referring to 
     student achievement in the instructional area.
       The Senate recedes.
       18. The House bill refers to ``the manner in which an 
     applicant will continue''; the Senate amendment refers to 
     ``how an applicant will continue'' the project without the 
     assistance of Federal funds. Also, the House bill refers to 
     the continuation of the magnet schools projects by the 
     applicant ``with funds under this part have been continued 
     without the use of funds''; the Senate amendment refers to 
     ``with funds under this title cannot be continued without the 
     use of funds under this part''.
       The House recedes except that the Senate recedes on part 
     vs. title.
       19. The House bill refers to ``the State's and local 
     educational agency's systemic reform plan, if any, under 
     title III of the Goals 2000: Educate America Act''; the 
     Senate amendment itemizes and refers to ``(i) the State plan 
     described in section 1111; and (ii) the local educational 
     agency's plan described in section 1112.''
       The House recedes with an amendment to reference reform 
     plans.
       20. The House bill refers to ``employ teachers in the 
     courses of instruction assisted under this part who are 
     certified or licensed by the State to teach the subject 
     matter of the courses of instruction; the Senate amendment 
     refers to ``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''.
       The House recedes. The Managers of the bill intend for this 
     provision to allow experts in various fields, such as the 
     arts or health care, to participate in classroom instruction 
     and supervision in order to enhance the educational 
     experience of students in the school.
       21. The House bill refers to ``have the greatest need for 
     assistance''; the Senate amendment refers to ``demonstrate 
     the greatest need for assistance'' in approving applications.
       Legislative counsel except that the Senate recedes on part 
     vs. title.
       22. The Senate amendment, but not the House bill includes 
     as a part of number 2 under Priority: ``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;''
       The Senate recedes.
       23. The House bill refers to ``propose to select students 
     to attend magnet school projects by methods such as lottery, 
     rather than through academic examination''; the Senate 
     amendment refers to ``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.''
       The Senate recedes.
       24. The House bill, but not the Senate amendment, contains 
     a number 4 which reads ``propose to implement innovative 
     educational approaches that are consistent with the State's 
     and local educational agency's approved systemic reform 
     plans, if any, under title III of the Goals 2000: Educate 
     America Act''.
       The Senate recedes with an amendment on coordination of 
     reform plans.
       25. The House bill refers to ``Grants made under this part 
     may be used by eligible local educational agencies''; the 
     Senate amendment refers to ``Grant funds made available under 
     this title may be used by an eligible local educational 
     agency or consortium of such agencies.''
       The House recedes on consortia and the rest is left to 
     legislative counsel.
       26. The Senate amendment, but not the House bill makes 
     eligible ``and instructional staff'', where applicable for 
     compensation in the program.
       The House recedes on the substance and several other 
     provisions are left to legislative counsel.
       27. The Senate amendment, but not the House bill contains a 
     Special Rule which prohibits a local educational agency from 
     expending funds for planning after the third year of a 
     project.
       The House recedes.
       28. The Senate amendment, but not the House bill, includes 
     a matching requirement specifying a Federal share as follows: 
     100% for the first and second year; 90% for the third year; 
     and 70% for the fourth or any subsequent year including grant 
     renewals.
       The Senate recedes.
       29. The Senate amendment, but not the House bill, specifies 
     that the non-Federal share may be in cash or in kind, 
     including planned equipment or services, fairly valued, and 
     may include other Federal education funds.
       The Senate recedes.
       30. The House bill refers to ``Awards made under this part 
     shall not exceed 3 years''; the Senate amendment refers to 
     ``A grant under this title shall be awarded for a period that 
     shall not exceed four fiscal years.''
       The Senate recedes with amendment inserting ``fiscal'' 
     years.
       31. The House bill refers to ``A local educational agency 
     may expend for planning: up to 50% for the first year; 15% 
     for the second year; up to 10% for the third year.''
       The Senate amendment specifies ``A local educational agency 
     may expend for planning: not more than 50% of the funds for 
     the first year; 25% for the second year; 10% for the third 
     year.''
       The Senate recedes on the substance of the provisions and 
     the other differences are to be resolved by legislative 
     counsel.
       32. The House bill refers to ``A local educational agency 
     shall not receive more than $4,000,000 under this part in any 
     one grant cycle''; the Senate amendment specifies ``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.''
       The House recedes.
       32A. The House requires that grants be awarded to LEAs by 
     June 1 while the Senate amendment requires that they be 
     awarded to LEAs or consortia by June 30.
       The House recedes on consortia and the Senate recedes on 
     the date.
       32B. The House bill refers to this part while the Senate 
     amendment refers to this title. In addition there are other 
     drafting differences.
       The Senate recedes on part and the rest is to be resolved 
     by legislative counsel.
       33. The House bill refers to ``the Secretary shall, with 
     respect to such excess amount, give priority to grants to 
     local educational agencies that did not receive a grant under 
     this part in the last fiscal year of the funding cycle prior 
     to the fiscal year for which the determination is made''; the 
     Senate amendment refers to ``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.''
       The House recedes on the substance and other drafting 
     differences are to be resolved by legislative counsel.
       34. The Senate amendment, but not the House bill, 
     delineates specific areas which the evaluation must address.
       The House recedes.
       35. The Senate amendment, but not the House bill, includes 
     innovative programs involving strategies, other than magnet 
     schools, such as community model schools.
       The House recedes.
       The Managers recognize that there exist numerous creative 
     and innovative educational strategies worthy of the 
     Secretary's support. Among them is the development of youth 
     leadership training projects in urban areas that will recruit 
     teen leaders, work with community-based organizations, 
     institutions of higher education, local businesses, and local 
     education agencies to develop integrated strategies which 
     will allow youth from multicultural backgrounds to receive 
     advanced skill and leadership training. The Managers also 
     encourage the Department to support efforts that have 
     achieved demonstrable success.


             Title V--Part B-Women's Educational Equity Act

       1. The House bill includes the ``Women's Educational Equity 
     Act'' under Part B. The Senate Amendment includes ``Women's 
     Educational Equity'' under Part G.
       Legislative counsel.
       2. The Senate amendment, but not the House bill, refers to 
     a Short Title: ``Women's Educational Equity Act of 1994.''
       The House recedes.
       3. The House bill refers to ``Findings and Statement of 
     Purpose''; the Senate amendment refers to ``Short Title; 
     Findings.''
       Legislative counsel.
       4. The House bill refers to ``(a) Findings--The Congress 
     finds and declares that--''; the Senate amendment refers to 
     ``(b) Findings--The Congress finds that--''.
       The House recedes.
       5. The House bill lists statements of declaration regarding 
     gender equity pertaining to the frequency of inequitable 
     programs, inequities limiting participation of individuals, 
     and the assurance that women and girls have equal access to 
     public education; the Senate amendment lists findings 
     including progress women and girls have made in educational 
     achievement, the increased availability of more curricula and 
     training.
       The House recedes with an amendment to move the third 
     finding to the Senate list of findings.
       6. The Senate amendment, but not the House bill, lists 
     significant gender inequities which still exist in teaching 
     and learning practices (e.g. sexual harassment, girls 
     receiving less attention from classroom teachers than boys, 
     girls of color having less interaction with teachers than 
     other girls, classroom textbooks insufficiently reflecting 
     experiences of people of color and often are not written by 
     women or persons of color, girls not taking as many 
     mathematics and science courses as boys, fewer women role 
     models in the sciences, women continuing to be concentrated 
     in low-paying jobs that do not require mathematics and 
     science skill's etc.)
       The House recedes with amendments to replace the 
     introduction to the Senate's third finding with ``however, 
     teaching and learning practices in the United States are 
     frequently inequitable, as such practices relate to women and 
     girls, for example.''; to strike subparagraph (B); and to 
     strike ``and women continue to be concentrated in low-paying, 
     traditionally female jobs that do not require mathematics and 
     science skills.'' from subparagraph (D).
       7. The Senate amendment, but not the House bill, in its 
     Findings refers to ``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.''
       The House recedes with an amendment to add House finding 
     (3) and keep Senate (4) but strike ``to the extent feasible'' 
     and ``and institutionalize''.
       8. The Senate amendment, but not the House bill, in its 
     Findings refers to ``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.''
       The House recedes.
       9. The Senate amendment, but not the House bill, in its 
     Findings refers to ``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.''
       The House recedes.
       10. The House bill refers to ``(b) Pur- pose.--
     '' and states the purpose in one sentence; the Senate 
     amendment refers to ``Statement of Purposes. It is the 
     purpose of this part--'' and lists identical purposes but in 
     an itemized format.
       The House recedes.
       11. The House bill, but not the Senate amendment, under 
     programs authorized, provides the Secretary with authority to 
     carry out a list of activities including promoting, 
     coordinating, and evaluating gender equity policies, 
     programs, activities, and initiatives in all federal 
     education program and offices, providing grants to develop 
     model equity programs, providing funds for the implementation 
     of equity programs in schools throughout the nation, and 
     assisting the Assistant Secretary of OERI in identifying 
     research priorities related to education equity for women and 
     girls.
       The Senate recedes.
       12. The House bill refers to ``Local Implementation 
     Grants.'' The Senate amendment refers to ``Programs 
     Authorized''.
       The House recedes with an amendment changing ``program'' to 
     ``grants''.
       13. The House bill authorizes two types of grants: (a) 
     Local Implementation Grants, (Section 5203); and (b) Research 
     and Development Grants (Section 5204). the Senate amendment 
     authorizes one set of grants with two broad purposes: (a) 
     Implementation of Effective Policies and Practices (Section 
     8453(1); and (b) Research and Development (Section 8453(2). 
     Please see item #29 for the latter.
       The House recedes with an amendment changing ``practices'' 
     to ``programs''.
       14. The House bill refers to authorizing the Secretary to 
     make grants to, and enter into contracts with, public 
     agencies, private nonprofit agencies, organizations, and 
     institutions including community groups; the Senate amendment 
     adds cooperative agreements.
       The House recedes.
       15. The House bill, but not the Senate amendment, includes 
     grants to student groups.
       The Senate recedes with an amendment to include 
     ``individuals''.
       16. The House bill, but not the Senate amendment, refers to 
     in the awarding of grant ``for activities designed to achieve 
     the purposes of this part at all levels of education 
     including preschool, elementary and secondary education, 
     higher education, adult education and vocational/technical 
     education''.
       The House recedes.
       17. The House bill, but not the Senate amendment, includes 
     the establishment and operation of the grant for a period not 
     to exceed four years.
       The Senate recedes.
       18. The House bill, but not the Senate amendment, specifies 
     local programs to ensure educational equity for women and 
     girls, equal opportunities for both sexes, and to conduct 
     activities in compliance with title IX of the Education 
     Amendments of 1972.
       The House recedes.
       19. The House bill and the Senate amendment both include 
     some similar implementation activities--Title IX assistance, 
     teacher training, evaluating model programs, and introduction 
     of materials in classrooms.
       The House bill, but not the Senate amendment, includes 
     program activities to address sexual harassment and violence; 
     guidance, counseling, and career education; nondiscriminatory 
     tests and alternative assessments; and improved access of 
     women to educational administration programs.
       The Senate amendment, but not the House bill, includes 
     school-to-work programs, assistance to pregnant students and 
     students rearing children and leadership training.
       The House recedes with an amendment to keep all of the 
     Senate language and add the House's (4), (6), (7), (8), and 
     (9); add a new (A) which read ``comprehensive institution or 
     district-wide evaluation to assess the presence of absence of 
     gender equity in education settings;''; and to strike the 
     House (C).
       20. The Senate amendment, but not the House bill, refers to 
     ``Application; participation.--'' The Senate amendment refers 
     to ``Applications''.
       Legislative counsel.
       21. The House bill, but not the Senate amendment, has a 
     separate application process for each type of grant: (a) 
     Local Implementation Grant, and (b) Research and Development. 
     The Senate has only one application process.
       The House recedes.
       22. The Senate amendment, but not the House bill, refers to 
     ``or cooperative agreement may be entered into''.
       The House recedes.
       23. The House bill refers to ``Each such application 
     shall''; the Senate amendment refers to ``such as''.
       The Senate recedes.
       24. The House bill includes several areas that must be 
     included in the application: program or activity must be 
     administered by or under the supervision of the applicant and 
     in cooperation with appropriate education and community 
     leaders, community-based organizations serving women, 
     teachers, student organizations, business leaders, other 
     significant groups and individuals, etc.; description of 
     program for carrying out purpose in the grant program; 
     description of plans for continuation and 
     institutionalization of the program with local support 
     following completion of the grant and termination of Federal 
     support; and policies which ensure documentation and 
     evaluation of the activities.
       The Senate amendment lists examples of information which 
     may be included in the application: setting forth policies 
     that will ensure a comprehensive evaluation of the project as 
     well as an evaluation of the continued significance of the 
     work of the project following completion of the award period; 
     a demonstration of how funds will promote the attainment of 
     the national goals; addressing perception of gender roles 
     based on cultural differences; describing how linked with the 
     School to Work Opportunities Act, demonstrating how applicant 
     will foster partnerships and share resources with a wide 
     array of groups; and applications for projects under programs 
     authorized demonstrating how parental involvement will be 
     encouraged.
       The House recedes with amendments to add ``where 
     appropriate'' and ``where applicable'' in several places; to 
     add ``(including those serving women), parent, teacher and 
     student groups, businesses,'' to the Senate list in (5); add 
     ``and strike institutionalization'' in House (3) and add the 
     House (3) to apply to implementation grants.
       25. The House bill refers to ``Criteria; Priorities; 
     Categories of Competition; the Senate amendment refers to 
     ``Criteria and Priorities.''
       The House recedes.
       26. The House bill refers to ``The Secretary shall 
     establish criteria, priorities, and categories of competition 
     for awards under this part to ensure that available funds are 
     used for those purposes that most effectively will achieve 
     the purposes of the Act''; the Senate amendment refers to 
     ``The Secretary shall establish separate criteria and 
     priorities for awards under paragraphs (1) and (2) of section 
     8453 (program authorized) to ensure that available funds are 
     used for programs that most effectively will achieve the 
     purposes of this part''.
       The House recedes.
       27. The House bill, but not the Senate amendment, lists 
     criteria which must be addressed; the Secretary shall 
     establish priorities, title IX must be a priority for 
     compliance, and not more than 60% of funds in each fiscal 
     year shall be allocated to program under the priority; and to 
     the extent feasible, the Secretary shall establish three 
     categories of competition: grants to local educational 
     agencies, institutions of higher education, and to non-profit 
     organizations.
       The Senate recedes with an amendment to replace ``shall 
     address'' with ``may include'' and strike the House's (2) and 
     (3).
       28. The House bill in its Special Rule section indicates 
     that to the extent feasible, the Secretary shall ensure that 
     the grants address all levels of education, all regions of 
     the United States; and urban, rural, and suburban educational 
     institutions; the Senate amendment indicates that the 
     Secretary shall give special consideration to applicants that 
     have not received assistance under this part or under Part C 
     of title IX; for projects that will contribute significantly 
     to directly improving teaching and learning practices in the 
     local community; projects that will provide for a 
     comprehensive approach, draw on a variety of resources, 
     implement a strategy with a long-term impact and address 
     issues of national significance that can be duplicated.
       The Senate recedes with an amendment to take the House's 
     (1), (2), and (3) and add them as criteria for grants; and to 
     strike ``including at least one grant in each of the ten 
     Federal regions'' in (2) and add the Senate's (1) and (3) as 
     criteria for grants.
       29. The House bill includes its Research and Development 
     Grants program in a separate section. The Senate amendment 
     includes its research and development grants in its Program 
     Authorized section.
       The House recedes with an amendment to strike ``National 
     Institute on the Education of At-Risk Students'' and insert 
     ``with each of the research institutes in OERI''.
       30. The House bill and the Senate amendment include similar 
     activities although written differently.
       The House recedes with an amendment to add ``of innovative 
     strategies and model training program for teachers and other 
     education personnel'' and strike ``designed to advance gender 
     equity, including the development of innovative strategies to 
     improve teaching and learning practices''; strike the Senate 
     (E), and (G); add the House's (3), (5) (6), and (7); and 
     change (7) to read: the development of instruments and 
     strategies for evaluation dissemination, and replication of 
     promising or exemplary programs designed to assist LEAs to 
     integrate gender equity into their educational policies and 
     practices.
       31. The House bill, but not the Senate amendment, specifies 
     a separate application process for research and development 
     grants. The House bill requires certain kinds of 
     administration. The Senate amendment provides examples of 
     information the application may contain (see item #30.).
       The House recedes.
       32. The bill, but not the Senate amendment, requires a 
     separate Criteria and Priorities section for research and 
     development purposes (See Senate's Criteria in item #26).
       The House recedes.
       33. The House bill, but not the Senate amendment, requires 
     that the criteria and priorities be promulgated in accordance 
     with section 431 of the General Education Provisions Act.
       The House recedes.
       34. The House bill, but not the Senate amendment, requires 
     that in establishing priorities, one shall be programs which 
     address the educational needs of women and girls who suffer 
     multiple or compound discrimination.
       The Senate recedes with an amendment to place a revised 
     House (3) in the criteria and priorities section.
       35. The House bill, but not the Senate amendment, includes 
     a separate Special Rule for the research and development 
     program. This Special Rule differs from the Special Rule in 
     the Implementation Grants section. Please see note #28.
       The House recedes.
       36. The House bill, but not the Senate Amendment, includes 
     a Coordination provision which indicates that research 
     activities must be carried out in consultation with OERI and 
     may include collaborative research activities which are 
     jointly funded and carried out by the Office of Women's 
     Equity and the Office of Educational Research and 
     Improvement.
       The Senate recedes with an amendment striking ``by the 
     Office of Women's Equity and the'' and add ``with the'' 
     before OERI.
       37. The House bill includes two different authorizations 
     for appropriations: (a) for Section 5203, $3,000,000 is 
     authorized for fiscal year 1995 and such sums as necessary 
     for each of the fiscal years through 1999, and (b) for 
     Section 5204, $2,000,000 is authorized for fiscal year 1995 
     and such sums as may be necessary for each of the fiscal 
     years through 1999. The Senate amendment authorizes to be 
     appropriated $5,000,000 for fiscal year 1995 and such sums as 
     may be necessary for each of the fiscal years through 1999 of 
     which not less than two-thirds of the amount appropriated 
     must be available to carry out section 8453(1).
       The House recedes.
       38. The Senate amendment, but not the House bill, requires 
     a report to be submitted to the President and the Congress on 
     the status of educational equity for girls and women by 
     January 1, 1999.
       The House recedes.
       39. The Senate amendment, but not the House bill, requires 
     an evaluation by the Secretary in accordance with section 
     10701; a dissemination of materials and programs developed; 
     and requires a report to Congress regarding such evaluation 
     materials and program by January 1, 1998.
       The House recedes.
       40. The Senate amendment, but not the House bill, 
     authorizes the Secretary to use funds appropriated under 
     section 8458 to gather and disseminate information on gender 
     equity and to convene meetings for this purpose, if 
     necessary.
       The Senate recedes.
       41. The Senate amendment, but not the House bill, requires 
     The Secretary to ensure that gender equity programs are 
     administered within the Department by one who has recognized 
     professional qualifications and experience in the field of 
     gender equity and who will serve as a focal point of national 
     leadership and information.
       The House recedes with an amendment placing a period after 
     ``gender equity education'' and striking the rest of the 
     sentence.


           TITLE VI--INNOVATIVE EDUCATION PROGRAM STRATEGIES

       The House bill uses the title ``Innovative Education 
     Program Strategies'' for this part while the Senate amendment 
     uses the title ``Targeted Assistance Program'' for this 
     title. The Senate recedes.
     Findings and Statement of Purpose
       The House bill, but not the Senate amendment, includes 
     findings regarding the success of Chapter 2, the statement of 
     purpose, and outlines state and local responsibility in 
     administering the program. The Senate recedes with an 
     amendment to strike ``that can be supported by State and 
     local sources of funding after such programs are demonstrated 
     to be effective'' and to replace ``and support for library 
     services'' with ``including support for library services'' 
     adding ``media'' before ``materials'' and striking 
     ``including media materials and''.
     Authorization of Appropriations
       The House bill authorizes $435 million to be appropriated 
     in fiscal year 1995 and such sums as may be necessary through 
     1999. The Senate amendment authorizes $325 million to be 
     appropriated in fiscal year 1995 and such sums as may be 
     necessary through 1999.
       The House bill, but not the Senate amendment, stipulates 
     that during fiscal years 1995 through 1999 the Secretary 
     shall make payments to the State educational agencies for the 
     purpose of this section. The Senate recedes.
     Definition
       The House bill, but not the Senate amendment, defines 
     ``effective schools programs.'' The Senate recedes with an 
     amendment changing ``deprived'' to ``disadvantaged.''
       The Senate amendment, but not the House bill, includes the 
     Republic of the Marshall Islands and the Federated States of 
     Micronesia in the set-aside for the outlying areas. The 
     Senate recedes with an amendment replacing the list of 
     outlying areas with the term ``outlying areas.''
       The Senate amendment, but not the House bill, includes 
     ``for assistance under this title'' at the end of subsection 
     (a). The Senate recedes.
     Allocation to Local Educational Agencies
       The House bill requires that the State educational agency 
     shall direct no less than 85% of funds to local educational 
     agencies to carry out the purposes of this part, while the 
     Senate amendment requires 80% for the same purpose. The 
     Senate recedes.
     State Uses of Funds
       The House bill allows funds to be used for ``statewide 
     education reform activities including effective schools 
     programs,'' while the Senate amendment refers only to 
     ``statewide activities.'' The Senate recedes.
     State Applications
       The House bill requires State applications to provide for 
     an annual submission of data on the use of funds, types of 
     services furnished and students served under this section 
     while the Senate amendment requires a biennial submission of 
     such data. The House recedes.
       The House bill requires State applications to provide for a 
     program evaluation in fiscal year 1998, while the Senate 
     amendment does not specify when the evaluation must occur. 
     The Senate recedes.
       The House bill requires the State applications to set forth 
     the allocation of funds required to implement section 2452, 
     the Senate amendment requires the State applications to set 
     forth the allocation of such funds required to implement 
     section 13203, and to describe the programs, projects, and 
     activities that will carry out targeted assistance and the 
     reason for their selection. The Senate recedes.
       The Senate amendment, but not the House bill, provides for 
     ``timely public notice and public dissemination of 
     information provided pursuant to paragraph (2).'' The House 
     recedes.
       The Senate amendment, but not the House bill, requires that 
     an application to the secretary for grants detail: ``how the 
     State will adjust its formula to comply with section 13102, 
     how children under section 13102 are defined, the basis on 
     which a determination of the local educational agencies under 
     section 13102 is made, and the percentage of the State grant 
     which is proposed to be allotted on an adjusted basis under 
     section 13102.'' The Senate recedes.
     Targeted Use of Funds
       The Senate recedes with an amendment to the subpart title 
     to read ``Local Innovative Education Programs.''
       The House bill contains a list of what kinds of targeted 
     assistance programs referred to in this subsection 
     ``include.'' The Senate amendment contains a list of what the 
     targeted assistance programs ``are.'' The Senate recedes.
       The House bill, but not the Senate amendment, includes as a 
     use of funds technology to further reform, as well as 
     training to help teachers and school officials learn how to 
     use new equipment and software effectively. The Senate 
     recedes.
       The House bill specifies that funds may be used for 
     ``instructional and educational materials'' while the Senate 
     amendment allows ``programs for the acquisition and use of 
     instructional and educational materials.'' The Senate 
     recedes.
       The House bill allows funds to be used for ``assessments,'' 
     the Senate amendment does not. The Senate recedes.
       The House bill allows funds to be used for ``library 
     services and materials (including media materials) tied to 
     high academic standards and which are part of an overall 
     education reform program.'' The Senate amendment states that 
     educational materials include ``library books, reference 
     materials, computer software and hardware for instructional 
     use, and other curricular materials that will be used to 
     improve student achievement.'' The House recedes with an 
     amendment to add at the end of the sentence ``and which are 
     part of an overall education program.''
       The House bill, but not the Senate amendment, allows funds 
     to be used for promising education reform projects, including 
     effective schools and 21st Century Learning Center projects. 
     The Senate recedes with an amendment to add magnet schools 
     and strike 21st Century Learning Centers, moving that program 
     to Title X.
       The House bill specifies that computer hardware and 
     software purchased under this section should only be used for 
     instructional purposes, the Senate amendment includes the 
     same limitation in 13301(b)(1). The House recedes.
       The Senate amendment, but not the House bill, allows funds 
     to be used for programs to improve higher order thinking 
     skills of economically disadvantaged students and to prevent 
     students from dropping out. The House recedes with an 
     amendment striking ``economically'' before ``disadvantaged.''
       The Senate amendment, but not the House bill, allows funds 
     to be used to combat student/parent/adult illiteracy. The 
     House recedes.
       The Senate amendment, but not the House bill, allows funds 
     to be used to provide for the educational needs of gifted and 
     talented children. The House recedes.
       The Senate amendment, but not the House bill, allows funds 
     to be used for school facility repair, renovation, 
     improvement and construction. The Senate recedes.
       The Senate amendment, but not the House bill, allows funds 
     to be used for school reform consistent with the Goals 2000: 
     Educate America Act for LEAs not receiving money under that 
     Act. The House recedes with an amendment striking ``for local 
     educational agencies that do not receive assistance under 
     that Act.''
       The Senate amendment, but not the House bill, allows funds 
     to be used for school improvement programs under sections 
     1118 and 1119. The House recedes.
     Administrative Authority/Authorized Activities
       The Senate amendment, but not the House bill, states that 
     activities authorized under this part may include the 
     planning, development, or operation and expansion of programs 
     which may include: training of educational personnel in any 
     of the targeted assistance programs detailed in 13301; 
     guidance and pupil services; and any other education or 
     related activities which the SEA or LEA determines will 
     contribute to improving the programs described in section 
     13301. The Senate recedes.
     Local Applications
       The House bill states that State educational agencies may 
     approve a local educational agency application if it carries 
     out targeted assistance ``it intends to support'' and the 
     Senate amendment refers to targeted assistance the State 
     educational agency ``intends to support.'' The House recedes 
     with an amendment changing ``State'' to ``local.''
       The House bill, but not the Senate amendment, requires a 
     certified State educational agency application to ``set forth 
     the allocation of such funds required to implement section 
     2452.'' The Senate recedes with an amendment changing the 
     section reference to ``2442.''
       The House bill, but not the Senate amendment, requires a 
     state educational agency application to show how such 
     assistance will contribute to the ``National Education 
     Goals.'' The Senate recedes.
       The House bill, but not the Senate amendment, provides 
     assurances of compliance with this part, including 
     participation of children enrolled in private, nonprofit 
     schools in accordance with section 2452. The Senate recedes.
       The House bill and the Senate amendment have identical 
     provisions except the House bill uses the word ``concession'' 
     and the Senate amendment uses ``consistent.'' The House 
     recedes.
       The House bill and Senate amendment allow LEA applications 
     to be filed for 3 year periods, but the House bill states 
     that the application may provide for the allocation of funds 
     ``to programs'' and the Senate amendment states ``among 
     programs and purposes authorized by this title.'' The Senate 
     recedes.
     Maintenance of Effort; Federal Funds Supplementary
       The House bill, but not the Senate amendment, requires a 
     maintenance of effort and requires federal funds to be 
     supplementary. The Senate recedes with an amendment to 
     replace this section with language that states that a State 
     shall comply with maintenance of effort and federal 
     supplementary provisions in title XIV (General Provisions).
     Participation of Children Enrolled in Private Schools
       The House bill, but not the Senate amendment, includes 
     provisions on the participation of children in private 
     schools. The Senate recedes.
     Evaluations and Reporting
       The House bill, but not the Senate amendment, outlines how 
     LEAs must report to SEAs, how SEAs shall evaluate the 
     effectiveness of State and local programs until this part in 
     accordance with section 2423, and how the evaluation will be 
     reviewed by a State advisory committee and will be made 
     available to the public. In addition, the Secretary shall 
     develop a system which SEAs may use for data collection and 
     reporting under this part. The Senate recedes.
     Federal Administration
       The House bill, but not the Senate amendment, states that 
     the Secretary shall provide technical assistance to State and 
     local agencies, shall issue regulations only to the extent 
     needed, and that funds appropriated for this part shall be 
     available for obligation on July 1 of such fiscal year.
       Open.
     Application of General Education Provisions Act
       The House bill, but not the Senate amendment, states that, 
     except as specified in the subsection, GEPA shall apply to 
     the programs authorized by this part. The House recedes.
     21st Century Community Learning Centers (To be placed in 
         Title X)
       The Senate amendment, but not the House bill, provides that 
     the short title is ``21st Century Community Learning Centers 
     Act.'' The House recedes.
       In finding (1) the House bill refers to ``resources;'' the 
     Senate amendment refers to ``services.'' The Senate recedes.
       In finding (2), the Senate amendment, but not the House 
     bill, refers to meeting the needs ``of'' and expanding the 
     opportunities available ``to'' residents of communities being 
     served by such schools. The House recedes.
       The Senate amendment, but not the House bill, contains a 
     finding relating to lifelong learning. The House recedes.
       The Senate amendment, but not the House bill, contains a 
     finding concerning education strategies that address the 
     educational needs of all members of local communities. The 
     Senate recedes.
     Program Authorization and Distribution
       The Senate amendment, but not the House bill, includes 
     ``and distribution'' in the section heading. The House 
     recedes.
       The House bill refers to grants to schools; the Senate 
     amendment refers to grant to ``public elementary or secondary 
     schools'' . . ``to enable such schools or consortia.'' The 
     House recedes.
       The House bill provides for a minimum grant of $50,000; the 
     Senate amendment provides a minimum grant of $20,000. The 
     House recedes with an amendment and change the minimum grant 
     amount to $35,000.
       The House bill provides that ``to be eligible to receive 
     funds under this section'' that schools or consortia 
     ``thereof'' shall submit an application to the Secretary of 
     Education; the Senate amendment provides that to be eligible 
     to receive a ``grant, an elementary or secondary school or 
     consortium'' shall submit an application. The House recedes.
       The House bill provides that the plan include a plan that 
     enables such school to serve as the center for the delivery 
     of education and human resources; the Senate amendment 
     provides that the plan enable such school ``or consortia'' to 
     serve as a center for the delivery of human ``services.'' The 
     Senate recedes.
       The House bill, but not the Senate amendment, emphasizes 
     interactive telecommunication among the services the school 
     will deliver. The Senate recedes.
       The Senate amendment, but not the House bill, includes 
     consortia along with schools as service providers. The House 
     recedes.
       The House bill lists ``the establishment'' of certain 
     facility utilization policies as a need to be addressed by 
     programs in the application while the Senate requires an 
     ``assurance'' of the establishment of such a policy in the 
     application. The House recedes.
       The House bill, but not the Senate amendment, discusses 
     schools as ``centers for lifelong learning.'' The House 
     recedes.
       The House bill, but not the Senate amendment, discusses the 
     centers relationship to the community.'' The Senate recedes 
     with an amendment to move this paragraph to end of findings.
       The House bill, but not the Senate amendment, states that 
     priority will go to applications ``that address the need of 
     the community. The Senate recedes.
       The House bill, but states ``in conjunction with recreation 
     programs'' while the Senate amendment states ``that are 
     coordinated with summer recreation programs.'' The Senate 
     recedes.
       The House bill includes among the allowable activities 
     ``nutrition, health, and/or physical therapy'' while the 
     Senate amendment includes ``nutrition programs'' among the 
     allowable activities. The House recedes with an amendment to 
     include ``and health.''
       The House bill refers to ``students'' while the Senate 
     amendment refers to ``individuals.'' The House recedes with 
     an amendment to strike ``who are either physically or 
     mentally challenged and add ``with disabilities.''
       The House bill states ``In approving grants under this 
     section,'' while the Senate amendment states ``in awarding 
     grants under this part.'' The House recedes.
       The House bill, but not the Senate amendment, defines 
     ``Secretary.'' The House recedes with an amendment adding 
     ``institutions of higher education.''
       The House bill authorizes $25 million, while the Senate 
     amendment authorizes $20 million, for this program for FY 95 
     and such sums as may be necessary for succeeding four years. 
     The House recedes.


                title X--small but significant programs

       The House bill cites this title as ``Title III-expanding 
     Opportunities For Learning''. The Senate amendment cites this 
     title as ``Title VIII-Programs of National Significance.'' 
     The House recedes.


                 fund for the improvement of education

     Authorization
       In paragraph (a), the House bill refers to ``challenging 
     standards.'' The Senate amendment refers to ``challenging 
     State content standards and challenging State student 
     performance standards.'' The House recedes.
     Uses of Funds
       The House bill, but not the Senate amendment, permits 
     research and development on content and performance standards 
     and opportunity-to-learn standards. The Senate recedes with 
     an amendment, inserting ``or strategies'' after 
     ``standards.''
       In paragraph (A)(i), the Senate amendment provides for the 
     elimination of grouping practices and the development of 
     programs that place all students on a college preparatory 
     path of study. The House does not. The House recedes with an 
     amendment, striking all language beginning with ``and'' after 
     ``practices'' in paragraph (i).
       In paragraph (A)(ii), the Senate amendment provides for the 
     development and evaluation of programs with strong parental 
     involvement. The House does not. The House recedes.
       In paragraph (A)(iii), the Senate amendment provides for 
     the development and evaluation of strategies for integrating 
     instruction and assessment. The House does not. The House 
     recedes.
       In paragraph (A)(iv), the Senate amendment provides for the 
     development and evaluation of strategies for supporting 
     professional development for teachers, counselors, and 
     administrators. The House recedes with an amendment, 
     inserting ``pupil services personnel, including'' before 
     ``guidance counselors.''
       The House bill refers to ``public school choice in 
     accordance with the requirements of part C.'' The Senate 
     amendment refers to ``public school choice.'' The Senate 
     recedes.
       The Senate amendment refers to ``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 learning to assist the effort to 
     achieve the National Education Goals''. The House bill refers 
     to ``agencies to assist the effort to achieve the National 
     Education Goals.'' The Senate recedes.
       The Senate amendment refers to ``activities to promote and 
     evaluate coordinated pupil service programs''. The House bill 
     has no such provision. The House recedes.
       The House bill refers to ``(G) activities to promote 
     consumer, economic, and personal finance education''. The 
     Senate amendment refers to ``(K) activities to promote 
     consumer education, such as saving, investing, and 
     entrepreneurial education.'' The Senate recedes with an 
     amendment, adding ``such as saving, investing, and 
     entrepreneurial education;'' after ``education;''.
       The Senate amendment refers to ``activities to promote 
     metric education''. The House bill has no such provision. The 
     House recedes.
       The House bill refers to ``the identification and 
     recognition of exemplary schools and programs, such as Blue 
     Ribbon Schools''. The Senate amendment has no such provision. 
     The Senate recedes.
       The House bill refers to programs to reduce student 
     mobility. The Senate amendment has no such provision. The 
     Senate recedes.
       The House bill refers to public-private partnerships which 
     would permit students to bring computers home. The Senate 
     amendment has no such provision. The Senate recedes.
       The House bill has no parallel provisions to Senate 
     amendment items: ``(M)'', ``(N)'', ``(O)''. ``(P)'', ``(R)'', 
     ``(T).'' The House recedes with an amendment striking 
     paragraphs ``(N)'' and ``(T)'' and modifying ``(R)'' to read 
     as follows: ``demonstrations relating to the planning and 
     evaluation of the effectiveness of projects under which LEAs 
     or schools contract with private management organizations to 
     reform a school or schools.''
       In paragraph (2)(A), (B) and (C), the House bill provides 
     for the establishment, content, and mission of the National 
     Center for Second Language Development.
       The Senate amendment has no such provisions. The House 
     recedes.
     Awards
     Authorization
       1. The House bill refers to ``fiscal year 1996, 1997, 1998, 
     and 1999.'' The Senate amendment refers to ``4 succeeding 
     fiscal year.'' The House recedes with an amendment 
     authorizing FIE at $50,000,000.


                      GIFTED AND TALENTED STUDENTS

     Findings
       The House bill refers to the standards as ``high''; the 
     Senate amendment describes standards as ``challenging State 
     content standards and challenging State student performance 
     standards.'' The House recedes.
       The Senate amendment, but not the House bill, notes the 
     experience gained should be used as a basis to ``provide all 
     students with important and challenging subject matter to 
     study and encourage the habits of hard work.'' The House 
     recedes
     Definitions
       The House bill, but not the Senate amendment, defines 
     gifted and talented students as youth exhibiting a high 
     performance capability and require services or activities not 
     ordinarily provided by the school in order to fully develop 
     their capabilities. The House recedes.
     Construction
       The Senate amendment, but not the House bill, clarifies 
     that a ``recipient of funds under this part'' will not be 
     precluded from ``serving gifted students simultaneously with 
     students with similar educational needs, in the same 
     educational settings.'' The House recedes.
     Establishment of Program
     Uses of Funds
       The Senate amendment, but not the House bill, refers to 
     parents involved in gifted and talented programs. The House 
     recedes.
       The Senate amendment, but not the House bill, includes the 
     implementation of innovative strategies, such as cooperative 
     learning, peer tutoring and service learning as programs 
     using funding. The House recedes.
     Establishment of National Center

     Limitation
       The House bill states a limitation of not more than 30 
     percent of available funds in a fiscal year for a program 
     authorized by this section to carry out activities pursuant 
     to subsections (b)(5) or (c). The Senate amendment limits 
     programs authorized by this section and its activities 
     pursuant to subsection (b)(7) or (c) to not more than 
     $1,750,000. The Senate recedes.
     General Priority
       The House bill, but not the Senate amendment includes 
     ``such as mentoring and apprenticeship program.'' The Senate 
     recedes.
     Review, Dissemination, and Evaluation
       The House bill refers to ``results of projects''. The 
     Senate amendment refers to ``results of programs and 
     projects.'' The House recedes.
       The Senate amendment states that the programs shall be 
     evaluated under this part in accordance with section 10701. 
     The House bill states the programs will be evaluated under 
     this part. The House recedes.
     Administration
       The House bill states specific duties of the administrative 
     unit. The Senate amendment simply states that this 
     administrative unit shall serve as a ``focal point of 
     national leadership and information on mechanisms to carry 
     out the purpose of this part.'' The Senate recedes with an 
     amendment, moving the Senate language regarding a person in 
     the Department to administer these programs, ``The Secretary 
     . . . who shall'', replacing the House language ``The 
     Secretary shall . . .'', keeping the House's list of duties.
     Authorization of Appropriations
       The House bill authorizes appropriations of $10,000,000 for 
     fiscal year 1995 and such sums as may be necessary for each 
     of the fiscal years 1996, 1997, 1998, and 1999. The Senate 
     amendment authorizes appropriations of $20,000,000 for fiscal 
     year 1995, and such sums as may be necessary for each of the 
     4 succeeding fiscal years. The Senate recedes.
       The Senate amendment includes a trigger for appropriations, 
     the House bill does not. The Senate recedes.


                         public charter schools

       The conferees intend that public entities authorized under 
     state law have some relation to education and be capable of 
     carrying out oversight, fiduciary and other administrative 
     requirements related carry out such a grant.
     Purpose
       The House bill refers to ``SEC. 3401. PURPOSE.'' The Senate 
     amendment refers to ``SEC. 8201. FINDINGS AND PURPOSE.'' The 
     House recedes.
       The House bill refers to ``those schools on improving 
     student achievement''. The Senate amendment refers to ``such 
     schools.'' The House recedes with an amendment inserting 
     ``student achievement,'' after ``students.''
     Findings
       The Senate amendment, but not the House bill, presents 
     findings on charter schools. The House recedes with 
     amendments striking ``new schools developed through such 
     process should be free to test'' at the beginning of 
     paragraph (3) and in inserting ``Charter Schools are a 
     mechanism for testing''; and inserting ``educationally 
     disadvantaged'' before ``students'' the first time it 
     appears.
     Program Authorized
       The Senate amendment, but not the House bill, specifies 
     that applications be approved pursuant to section 8203 and in 
     accordance with this part. The House recedes.
       The Senate amendment refers to ``(b) Special Rule.--''. The 
     House has no such provision. The House recedes.
     Project Periods
       The Senate amendment, but not the House bill, creates two 
     subparts: ``GRANTS TO STATES'' and ``GRANTS TO ELIGIBLE 
     APPLICANTS.'' The House recedes.
     Limitation
       The Senate amendment, but not the House bill, refers to 
     ``and State educational agencies shall not award more than 
     one subgrant under this part.'' The House recedes.
     Applications
       The House bill heading reads in part ``APPLICATIONS 
     REQUIRED''. The Senate amendment reads in part ``APPLICATIONS 
     FROM STATE AGENCIES.'' The House recedes.
       The House bill and Senate amendment use different language 
     to convey the same provision. However, the Senate amendment, 
     but not the House bill, refers to ``and containing or 
     accompanied by such information as the Secretary may 
     require.'' The House recedes.
       The House bill, but not the Senate amendment, refers to 
     ``(b) Scope of Application''. The House recedes.
       The House bill refers to ``(c) Application Contents.--Each 
     such application shall include, for each charter school for 
     which assistance is sought--''. The Senate amendment refers 
     to ``(b) Contents of a State Educational Agency.--Each 
     application submitted pursuant to subsection (a) shall--''. 
     The House recedes.
       In paragraph (b)(1), the Senate amendment, but not the 
     House bill, provides that applicants describe which 
     objectives are to be fulfilled and how they will be 
     accomplished. The House recedes.
       In paragraph (3), the Senate amendment, but not the House 
     bill, establishes that agencies desiring to be awarded a 
     subgrant submit an application. The House recedes.
       The House bill refers to ``the local educational agency 
     that will authorize or approve the school's charter and act 
     as the grantee under this act''. The Senate amendment refers 
     to ``the authorized public chartering agency.'' The House 
     recedes.
       The House refers to ``local educational agency'' and ``the 
     school is successful''. The Senate amendment refers to 
     ``authorized public chartering agency'' and ``the school has 
     met the objectives described in subparagraph (C)(i).'' The 
     House recedes.
       The House bill, but not the Senate amendment, refers to ``a 
     description of any State or local rules, generally applicable 
     to public schools, that will be waived for, or otherwise not 
     apply to, the school.'' The Senate recedes.
       The Senate amendment, but not the House bill, refers to 
     ``subgrant funds or grant funds, as appropriate, will be 
     used, including a description of how such funds will be used 
     in conjunction with other Federal programs administered by 
     the Secretary.'' The House recedes.
       The Senate amendment, but not the House bill, refers to 
     ``and the State educational agency.'' The House recedes.
       The Senate amendment refers to ``and the State educational 
     agency in evaluating the program assisted under this part''. 
     The House bill refers to ``in evaluating the program 
     authorized by this part.'' The House recedes.
       The Senate amendment, but not the House bill, refers to 
     ``and the State educational agency.'' The House recedes with 
     an amendment inserting ``Consistent with Section 8202(b)'' 
     before ``Each''.
       The House bill heading in part reads ``STATE EDUCATIONAL 
     AGENCY APPROVAL REQUIRED.--'' The Senate amendment reads 
     ``APPLICATIONS FROM ELIGIBLE APPLICANTS.'' The House recedes 
     with an amendment striking ``Eligible Agency.''
       The Senate Amendment, but not the House bill, details 
     content to be included in applications and the process by 
     which an application shall be submitted. The House recedes 
     with an amendment striking ``sentence'' and inserting 
     ``subsection.''
     Administration
       The Senate amendment, but not the House bill, provides for 
     the administration of the selection of applicants.
       The House recedes with an amendment inserting ``assisting 
     educationally disadvantaged and other students'' after ``make 
     to.''
     Selection of Grantees; Waivers
       The House bill refers to ``(a) Criteria.--The Secretary 
     shall select'' The Senate amendment refers to ``(b) Selection 
     Criteria for Eligible Applicants.--The Secretary shall 
     award'' and includes ``submitted under section 8203, after.'' 
     The House recedes.
       The Senate amendment refers to ``State educational agency'' 
     and ``charter school''. The House bill refers to ``State'' 
     and ``school.'' The House recedes.
       The House bill refers to ``the plan''. The Senate amendment 
     refers to ``the process.'' The House recedes with an 
     amendment changing ``process'' to ``strategy.''
       The House bill refers to ``school''. The Senate amendment 
     refers to ``charter school.'' The House recedes.
     Peer Review
       The Senate heading reads in part ``(c).'' The House reads 
     ``(b).'' The House recedes.
       The Senate amendment refers to ``assistance under this 
     part''. The House bill refers to ``grants under this 
     section.'' The House recedes.
     Diversity of Projects
       The Senate amendment, but not the House bill, refers to 
     ``such as approaches designed to reduce school size.'' The 
     House recedes.
     Waivers
       The Senate heading reads in part ``(e).'' The House reads 
     ``(d).'' The House recedes.
     Uses of Funds
       The House bill and Senate amendment headings differ 
     throughout this section. The House recedes.
     Allowable Activities
       The House bill refers to ``(B) acquiring necessary 
     equipment''. The Senate amendment refers to ``(ii) acquiring 
     necessary equipment and educational materials and supplies.'' 
     The House recedes.
       The Senate amendment, but not the House bill, permits minor 
     remodeling. The House recedes.
       The Senate, but not the House, includes ``ADMINISTRATIVE 
     EXPENSES'' and ``REVOLVING LOAN FUNDS.'' The Senate recedes.
     National Activities
       The House bill refers to ``up to 10 percent of the funds 
     appropriated for this part''. The Senate amendment refers to 
     ``not more than 10 percent of the funds available to carry 
     out this part.'' The House recedes.
       The Senate amendment, but not the House bill, lists other 
     activities assisted under this part. The Senate recedes.
     Definitions
       The House bill, but not the Senate amendment, refers to 
     ``the following terms have the following means.'' The House 
     recedes with amendment striking ``(C).''
       In paragraph (B), the Senate amendment includes ``and is 
     operated under public supervision and direction.'' The House 
     recedes.
       In paragraph (C), the House bill refers to ``local 
     educational agency applying for a grant on behalf of the 
     school''. The Senate amendment refers to ``the authorized 
     public chartering agency.'' The House recedes.
       In paragraph (I), the House refers to ``public schools''. 
     The Senate refers to ``schools.'' The House recedes.
       The House, but not the Senate, refers to ``(K).'' The 
     Senate recedes.
       The House bill and Senate amendment use different language 
     to convey the same provision in ``(3).'' The Senate recedes.
       The Senate, but not the House, defines ``authorized public 
     chartering agency.'' The House recedes.
     Authorization of Appropriations
       2. The House bill refers to ``the fiscal years 1996, 1997, 
     1998, and 1999.'' The Senate amendment refers to ``the 4 
     succeeding fiscal years.'' The House recedes with an 
     amendment inserting ``and approved by the Secretary'' after 
     ``state law.''


                           ARTS IN EDUCATION

     Findings
       The Senate amendment but not the House bill finds that 
     participation in performing arts activities has proven to be 
     an effective strategy for promoting the inclusion of persons 
     with disabilities in mainstream settings. The House recedes.
       The Senate amendment but not the House bill finds that 
     opportunities in the arts have enables persons of all ages 
     with disabilities to participate more fully in school and 
     community activities. The House recedes.
       4. The House bill, but not the Senate amendment, finds that 
     the arts can motivate at-risk students to stay in school and 
     become active participants in the educational process.
       The Senate recedes.
     Purpose
       The House bill states that a purpose of the bill is to help 
     ensure that all students have the opportunity to learn 
     challenging standards in the arts. The Senate bill refers to 
     State content standards and State student performance 
     standards. The House recedes.
     Eligible Recipients
       The Senate amendment, but not the House bill, includes 
     museums and other cultural institutions as eligible 
     recipients. The House recedes.
     Authorized Activities
       The Senate amendment, but not the House bill, includes as 
     an authorized activity supporting collaborative activities 
     with Very Special Arts. The House recedes.
       The House bill states that authorized activities include 
     supporting model projects and programs in the arts for 
     individuals with disabilities through arrangements with the 
     organization, Very Special Arts. The Senate amendment states 
     that authorized activities include supported 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. The House 
     recedes with an amendment, striking ``developed'' and ``of 
     all ages'' in paragraph (8).
     Coordination
       The Senate amendment, but not the House bill, include. Very 
     Special Arts. Technical difference. The House recedes.
       The Senate amendment, but not the House bill, states that 
     if the amount appropriated for any fiscal year is $9 million 
     or less, such amount shall only be available to support 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 
     and such projects and programs in the performing arts for 
     children and youth through arrangements made with the John F. 
     Kennedy Center for the Performing Arts. The House recedes.


                 INEXPENSIVE BOOK DISTRIBUTION PROGRAM

     Authorization
       The Senate amendment, but not the House bill, refers to 
     (RIF). The House recedes.
     Requirements of Contract
       The House bill refers to ``children up through high school 
     age, including those in family literacy programs.'' The 
     Senate amendment refers to ``children from birth through 
     secondary school age.'' The House recedes with an amendment, 
     adding ``including those in family literacy programs'' after 
     ``secondary school age.''
       The House bill, but not the Senate amendment, refers to 
     children with disabilities ``including those with serious 
     emotional disturbance.'' The House recedes.
     Definition of Federal Share
       The Senate amendment, but not the House bill, refers to 100 
     percent ``of such costs to the subcontractor.'' The House 
     recedes.
       The House bill states that the federal share ``shall not 
     exceed 75 percent.'' The Senate amendment states that the 
     federal share shall be 75 percent. The House recedes.
       The House bill authorizes $10.3 million for Fiscal Year 
     1995 and such sums for 1996, 1997, 1998 and 1999. The Senate 
     amendment authorizes $11 million for Fiscal 1995 and such 
     sums for each of the four succeeding fiscal years. The Senate 
     recedes.


                            CIVIC EDUCATION

     General Authority
       The House bill says the Secretary ``shall.'' The Senate 
     amendment says the Secretary ``is authorized.'' The House 
     recedes.
     Contract or Grant Authorized
       The House bill refers to ``the program required by 
     paragraph (1). The Senate amendment refers to ``the program 
     described in paragraph (1). The House recedes.
     Special Rule
       The House bill refers to ``advanced training of teachers in 
     civics and government.'' The Senate amendment refers to 
     ``advanced training of teachers about the United States 
     Constitution and the political system the United States 
     created.'' The House recedes.
       The Senate amendment, but not the House bill, refers to a 
     course of instruction in the middle school level. The House 
     recedes.
     Program Established
       The House bill says the Secretary ``shall.'' The Senate 
     amendment says the Secretary ``is authorized.'' The House 
     recedes.
       The House bill refers to ``challenging content standards.'' 
     The Senate amendment refers to ``challenging State content 
     standards and challenging State student performance 
     standards.'' The House recedes.
     Authorized Activities
       The House bill refers to ``our system of government.'' The 
     Senate amendment refers to ``our Nation's system of 
     government.'' The House recedes.
       The Senate amendment, but not the House bill, refers to 
     ``respect for cultural diversity and acceptance of cultural 
     differences.'' The House recedes.
     Report
       The Senate amendment, but not the House bill, refers to 
     section 10701. The Senate recedes.
     Authorization of Appropriations
       The House bill authorizes $15 million for Fiscal 1995 and 
     such sums for 1996, 1997, 1998, and 1999. The Senate 
     amendment authorizes $20 million for Fiscal 1997 and such 
     sums for each of the succeeding four fiscal years. The Senate 
     recedes.
       The House bill allocates 40% for section 3701 and 60% for 
     section 3702. The Senate amendment allocates 50% for section 
     8251 and 50% for section 8552. The Senate recedes.
     Native Hawaiian Education
     Findings
       The Senate amendment, but not the House bill, notes the 
     decline in the Native Hawaiian population from 1778 to 1921. 
     The House recedes.
       The House bill, but not the Senate amendment, refers to the 
     Act of June 20, 1938, where the U.S. Congress acknowledged 
     the unique status of the Hawaiian people. The Senate recedes.
       The House bill, but not the Senate amendment, refers to the 
     U.S. establishing educational programs to benefit Native 
     Hawaiians. The Senate recedes.
       The House bill refers to ``the Native American Programs Act 
     of 1992, as amended'' and the ``National Historic Act 
     Amendments of 1992''. The Senate amendment refers to ``the 
     National Museum of the American Indian Act'', ``National 
     Historic Preservation Act'', and the ``Native American 
     Languages Act.'' The House recedes with an amendment to 
     combine the House and Senate provisions.
       The House bill lists the special provisions the U.S. 
     Congress has passed recognizing the trust relationship 
     between the U.S. and the Native Hawaiian people. The Senate 
     amendment simply states ``numerous special provisions of law 
     for the benefit of Native Hawaiians in the areas of health, 
     education, labor, and housing. The House recedes.
       The House bill, but not the Senate amendment, recognizes 
     that a lower educational attainment among Native Hawaiians 
     has been related to lower socioeconomic outcomes. The House 
     recedes.
       The House bill, but not the Senate amendment, indicates 
     that native Hawaiian students are disproportionately under-
     represented in Institutions of Higher Education. The House 
     recedes.
       The House bill, but not the Senate amendment, states that 
     Native Hawaiians are under-represented in traditional white 
     collar and health care professions, while being over-
     represented in service occupations. The House recedes.
       The Senate amendment, but not the House bill, refers to the 
     1988 enactment of title IV of the Augustus F. Hawkins-Robert 
     T. Stafford Elementary and Secondary School Improvement 
     Amendments of 1988. The House recedes.
       The House bill and the Senate amendment, in similar, yet 
     not identical, language refer to native Hawaiian children's 
     educational risk factors. The House recedes.
       The House bill, but not the Senate amendment, states 
     ``special efforts in education recognizing the unique 
     cultural and historical circumstances of Native Hawaiians are 
     required.'' The House recedes.
       The Senate amendment, but not the House bill, refers to the 
     under-presentation of Native Hawaiians in institutions of 
     higher education and among adults who have completed four or 
     more years of college. The House recedes.
       The Senate amendment, but not the House bill, refers to 
     high retainment and absenteeism rates among Native Hawaiian 
     students. The House recedes.
       The Senate amendment, but not the House bill, states that 
     Native Hawaiian students are the highest drug and alcohol 
     users. The House recedes with amendment, adding ``in the 
     State of Hawaii'' after ``alcohol'' in paragraph (ii).
       The Senate amendment, but not the House bill, states that 
     Native Hawaiian children continue to be disproportionately 
     victimized by child abuse and neglect. The House recedes.
       The Senate amendment, but not the House bill, refers to the 
     23% of the students served by the State of Hawaii's 
     Department of Education and their residence in rural, 
     isolated areas. The House recedes.
       The Senate amendment, but not the House bill, refers to 
     contradictions between findings listed in paragraphs (1) 
     through (15) and the high rate of literacy and integration of 
     traditional culture and Western education achieved by Native 
     Hawaiians through a Hawaiian language-based public school 
     system. The House recedes.
       The Senate amendment but not the House bill, refers to the 
     ``Native Hawaiian Educational Assessment Project'' released 
     in 1983 by the Office of Education to Congress and its 
     findings. The House recedes.
       The Senate amendment but not the House bill, notes that the 
     Kamehameha Schools Bishop Estate released a ten-year update 
     of the Native Hawaiian Educational Assessment Project. The 
     House recedes.
       The Senate amendment but not the House bill, mentions the 
     banning of Hawaiian medium schools. The House recedes.
       The Senate amendment but not the House bill, refers to the 
     Native Hawaiians' determination to ``preserve, develop, and 
     transmit to future generations their ancestral territory.'' 
     The House recedes.
       The Senate amendment but not the House bill, refers to the 
     distinct land rights of the Native Hawaiian people. The 
     Senate recedes.
       The Senate amendment but not the House bill, mentions the 
     distinct land rights of Native Hawaiians and their unique 
     religious customs and beliefs. The House recedes.
       The Senate amendment but not the House bill, recognizes the 
     traditional language of the Native Hawaiian people as an 
     official language of the State of Hawaii. The House recedes.
     Purpose
       The House bill states educational programs are to 
     ``assist'' Native Hawaiians in ``reaching the National 
     Educational Goals''. The Senate amendment simply states 
     educational programs are to ``benefit'' Native Hawaiians. The 
     Senate recedes.
       The Senate amendment but not the House bill, refers to the 
     establishment of a Native Hawaiian Education Council and five 
     island councils. The House recedes.
       The House bill states the purpose of this part includes the 
     ``encouragement of maximum participation of Native Hawaiians 
     in planning and management of Native Hawaiian Education 
     Programs.'' The Senate amendment refers to this concept in 
     the findings. The Senate recedes.
     Establishment
       Both the House bill and the Senate amendment provide for a 
     Native Hawaiian Education Council. The Senate amendment, but 
     not the House bill, includes the provision for island 
     councils. The House recedes.
     Composition
       The Senate amendment but not the House bill, states the 
     Educational Council shall consist of not more than 25 
     members. The House recedes.
       The House bill, but not the Senate amendment, states the 
     composition of the council shall consist of, ``but not be 
     limited to'', ``representatives of each of the programs which 
     receive Federal funding under this part''; ``a representative 
     from the Office of the Governor''; ``a representative from 
     the Office of Hawaiian Affairs''; ``representatives of other 
     Native Hawaiian Educational organizations and Native Hawaiian 
     organizations which receive Federal or state education 
     funds''; and ``parent, student, educator and community 
     organizations.'' The House recedes.
       The Senate amendment but not the House bill, includes in 
     its member list, ``each recipient of funds from the Secretary 
     under this part''; a representative from the Office of 
     Hawaiian Affairs, Department of Education in Hawaii, and 
     specifically mentioned educational organizations. The House 
     recedes.
       The Senate amendment but not the House bill, states a 
     representative will serve on the council from ``each Native 
     Hawaiian education island council established under 
     subsection (f).'' The House recedes.
     Conditions and Terms
       The House bill indicates that at least half of the members 
     shall be Native Hawaiians. The Senate amendment states that 
     at least three-fourths of the members shall be Native 
     Hawaiians. The House recedes.
       The House bill states that members of the Education Council 
     will serve for five-year terms. The Senate amendment states 
     members will be appointed for three-year terms. The House 
     recedes.
     Duties and Responsibilities
       The House bill and the Senate amendment state the Education 
     Council will provide information to Congress. The Senate 
     amendment, but not the House bill, specifically states 
     particular entities to which the reports will be delivered. 
     The House recedes.
       The House bill, but not the Senate amendment, states that 
     the Secretary shall, whenever practicable, consult with the 
     Council before taking any significant action related to the 
     education of Native Hawaiians. The House recedes.
     Administrative Provisions
       The House bill, but not the Senate amendment, makes a 
     statement that the Council will meet at the call of the 
     Chair, or upon the request of the majority of the Council. 
     The Senate recedes.
       The Senate amendment, but not the House bill, outlines the 
     purpose of the administrative grant for the Education 
     Council. The House recedes.
     Compensation
       The House bill, but not the Senate amendment, requires that 
     compensation for service will not be given to any member of 
     the Native Hawaiian Council. The Senate recedes.
     Report to Congress
       The House bill, but not the Senate amendment mandates a 
     report to Congress not later than 4 years after the date of 
     enactment of the Improving America's Schools Act. The Senate 
     recedes.
     Establishment of Island Councils
       The Senate amendment, but not the House bill, introduces 
     island councils and their composition. Specific 
     administrative provisions, compensation, report requirements, 
     and authorization of appropriations are described. The House 
     recedes.
     Application Required
       The Senate amendment, but not the House bill, articulates 
     the application required for a grant that is to be made to 
     the Secretary in order to carry out the provisions of this 
     part. The House recedes.
     Native Hawaiian Language Immersion Authority
       The House bill, but not the Senate amendment details a 
     state-wide effort to revitalize the Native Hawaiian language. 
     Administrative costs are set at no more than 7 percent of the 
     funds appropriated. Authorized appropriations are to be 
     $1,500,000 for fiscal year 1995 and such sums as may be 
     necessary for fiscal years 1996 through 1999. The House 
     recedes.
     Native Hawaiian Family-Based Education Centers
       The Senate amendment, but not the House bill, states 
     educational entities with ``experience'' in developing or 
     operating Native Hawaiian programs. The House bill does not 
     use ``experience.'' The House recedes.
       The House bill states that a minimum of eleven Family-Based 
     Education Centers throughout the Hawaiian Islands be 
     developed. The Senate amendment refers to no such minimum. 
     The House recedes.
       The Senate amendment, but not the House bill, articulates 
     that the programs of such centers ``may be conducted in 
     either the Hawaiian language, the English language, or a 
     combination thereof.'' The House recedes.
     Native Hawaiian Higher Education Demonstration Program
       The House bill, but not the Senate amendment, states that 
     the Secretary shall make grants to the Kamehameha Schools/
     Bernice Pauahi Bishop Estate. The Senate amendment 
     generalizes, stating grants will be given to Native Hawaiian 
     educational organizations. The House recedes.
     Mandatory activities
       The Senate amendment, but not the House bill states 
     mandatory activities include full or partial fellowship 
     support for Native Hawaiian students enrolled in higher 
     institutions of education. The House bill simply says ``may 
     include.'' The Senate recedes.
       The Senate amendment, but not the House bill, includes 
     ``fellowship'' in its conditions of recipients. The Senate 
     recedes.
       The Senate amendment, but not the House bill, includes a 
     section titled ``Permitted Activities'' listing those which 
     the House bill mentions under no such subsection. The Senate 
     recedes.
       The House bill, but not the Senate amendment, has a section 
     titled ``Grants Authorized.'' The House recedes.
       The Senate amendment, but not the House bill, refers to the 
     completion of a baccalaureate program. The House recedes.
       The House bill, but not the Senate amendment, includes 
     ``within the State of Hawaii'' after ``Native Hawaiian 
     community.'' The House recedes.
     Special Rule
       The House bill, but not the Senate amendment, includes a 
     special rule that no policy be implemented to prevent a 
     Native Hawaiian student enrolled at a higher education 
     institution outside of the State of Hawaii from receiving a 
     fellowship. The Senate recedes.
     Authorization of Appropriations
       The House bill, but not the Senate amendment, authorizes 
     $1,500,000 for fiscal year 1995 and such sums may be 
     necessary for fiscal years 1996 through 1999 for funding 
     fellowship assistance demonstration project provided under 
     subsection (b). The House recedes.
     Native Hawaiian Gifted and Talented Program
       The House bill, but not the Senate amendment, states there 
     will be an establishment of a Native Hawaiian Gifted and 
     Talented Center at the University of Hawaii at Hilo. The 
     Senate amendment does not specify a program at the 
     University. The House recedes.
       The House bill, but not the Senate amendment, specifies 
     demonstration projects will be designed to address gifted and 
     talented students. The Senate amendment makes no reference to 
     demonstration projects. The House recedes.
       The House bill, but not the Senate amendment, details the 
     terms of the grant or contract. The House recedes.
       The House bill, but not the Senate amendment, states that 
     ``such grant or contract shall be subject to the availability 
     of appropriated funds and, contingent on satisfactory 
     performance by the grantee.'' The House recedes.
     Uses of Funds
       The Senate amendment, but not the House bill, specifies 
     ``Native Hawaiian'' gifted and talented students. The House 
     recedes.
       The House bill, but not the Senate amendment, incorporates 
     public television in meeting educational needs of gifted and 
     talented children. The House recedes.
       The Senate amendment, but not the House bill, refers to 
     coordination with ``other Native American gifted and talented 
     programs.'' The House recedes.
     Information Provision
       The House bill, but not the Senate amendment, states the 
     Secretary will establish a national network of Native 
     Hawaiian and American Indian Gifted and Talented Centers and 
     impart any information to the educational community. The 
     Senate recedes with an amendment striking ``shall'' and 
     inserting ``is authorized to''.
       The House bill provides $2,000,000 for fiscal year 1995 and 
     such necessary sums for fiscal years 1996 through 1999. The 
     Senate amendment provides $1,500,000 for fiscal year 1995, 
     and necessary sums for each of the succeeding 4 fiscal years. 
     The House recedes.
     Special Education Authority
       The House bill, but not the Senate amendment, refers to 
     Pihana Na Mamo, while the Senate amendment mentions general 
     educational organizations. The House recedes.
       The House bill uses ``children''; the Senate amendment uses 
     ``students.'' The House recedes.
       The Senate amendment, but not the House bill, refers to 
     emotional impairments. The House recedes with amendment, 
     striking ``learning'' and ``mental or physical disabilities, 
     emotional impairments.''
       The House bill, but not the Senate amendment, refers to 
     children at the elementary school level. The House recedes.
       The Senate amendment, but not the House bill, refers to 
     part B of the Educational of Individuals with Disabilities 
     Education Act. The House recedes.
       The Senate amendment, but not the House bill, refers to 
     ``the conduct of educational, psychosocial, and developmental 
     activities'' of Native Hawaiian students. The House recedes.
       The Senate amendment, but not the House bill, refers to 
     ``appropriate research, evaluation, and related activities.'' 
     The House recedes.
       The House bill, but not the Senate amendment, refers to the 
     Secretary who may not make a grant or provide funds pursuant 
     to a contract under this subsection. The House recedes.
       The House bill, but not the Senate amendment, discusses 
     non-Federal contributions. The House recedes.
     Application Required
       The House bill, but not the Senate amendment, refers to an 
     ``application required'' to be submitted to the Secretary. 
     The Senate recedes.
     Definitions
       The House bill and the Senate amendment have similar, but 
     not identical, language defining the term ``Native 
     Hawaiian''. The House bill states specifically ``a citizen of 
     the United States'', and a ``resident of the State of 
     Hawaii.'' The Senate recedes.
       The House bill states ``birth records of the State of 
     Hawaii'', where the Senate amendment merely states 
     ``certified birth records.'' The House recedes. The conferees 
     intend that genealogical records should be defined to include 
     birth, marriage and death records.
       The House bill, but not the Senate amendment, mentions the 
     term ``Secretary'' as meaning the Secretary of Education. The 
     House recedes.
       The House bill, but not the Senate amendment, refers to 
     ``demonstrated expertise in research and program 
     development.'' The Senate recedes.
       The House bill, but not the Senate amendment, includes the 
     definition of a ``Native Hawaiian Organization.'' The Senate 
     recedes.
       The House bill, but not the Senate amendment, includes the 
     term ``elementary school'' as meaning the same as indicated 
     section 9101 of the same act. The House recedes.
       The Senate amendment, but not the House bill, refers to the 
     definition of ``Native Hawaiian language'' and the term 
     ``Office of Hawaiian Affairs.'' The House recedes.
       The Senate amendment, but not the House bill, refers to the 
     definition of ``Native Hawaiian community-based 
     organization.'' The House recedes.
       The House bill, but not the Senate amendment, includes the 
     term ``local educational agency.'' The House recedes.
       The House bill, but not the Senate amendment, includes the 
     term ``secondary school.'' The House recedes.
       The Senate amendment, but not the House bill, includes 
     Native Hawaiian Curriculum Development, Teacher Training and 
     Recruitment Program. Specifics mentioned are curricular 
     development, preteacher training, inservice teacher training, 
     and teacher recruitment. Administrative costs are to be not 
     more than 7 percent of the funds appropriated for fiscal year 
     1995 and such necessary sums for each of the 4 succeeding 
     fiscal years. The House recedes, with an amendment: in 
     paragraph (b) PRIORITY: insert after ``(a) that'' a ``(1)'' 
     and insert after ``youth or'' a ``(2)'' and add after the end 
     of the sentence ``provided that entities receiving grants 
     awarded pursuant to (b)(2) of this subsection coordinate in 
     the development of new curricula''.
       The Senate amendment, but not the House bill, refers to 
     Native Hawaiian Community-Based Education Learning Centers. 
     Authorization appropriations are to be $1 million for FY 95, 
     and such sums as may be necessary for each of the 4 
     succeeding fiscal years. The House recedes.
     Allen J. Ellender Fellowship Program
       The House bill refers to ``physically challenged students, 
     visually- and hearing-impaired students.'' The Senate 
     amendment refers to ``students with disabilities.'' The House 
     recedes.
     Contents of Application
       The House bill refers to ``physically challenged students, 
     visually- and hearing-impaired individuals.'' The Senate 
     amendment refers to ``individuals with disabilities.'' The 
     House recedes.
     Authorization of Appropriations
       18. The House bill authorizes $4.4 million and such sums 
     for each of the fiscal years 1996, 1997, 1998, and 1999. The 
     Senate amendment authorizes $4.5 million for Fiscal Year 1995 
     and such sums as may be necessary for each of the four 
     succeeding fiscal years. The Senate recedes.
     Territorial Education Improvement Program
       The House bill entitles the program the ``Territorial 
     Education Improvement Program. The Senate amendment entitles 
     the program the ``Territorial Teacher Training Program.'' The 
     Senate recedes with an amendment inserting ``deLugo'' in the 
     program title.
       The House bill, but not the Senate amendment, has 
     provisions for Findings and Purposes. The Senate recedes.
     Authorization
       The House bill authorizes $5 million for each of the fiscal 
     years 1994 through 1999. The Senate amendment authorizes $2 
     million for Fiscal Year 1995 and such sums for each of the 
     succeeding four fiscal years. The Senate recedes with an 
     amendment changing the authorization from $5 million to $3 
     million.
     Grant Authorization
       The House bill authorizes ``an education improvement 
     program.'' The Senate amendment refers to ``assisting teacher 
     training programs.'' The Senate recedes.
       The House bill authorizes ``an education improvement 
     program''. The Senate amendment refers to ``assisting teacher 
     training programs.'' The Senate recedes.
       The House bill refers to ``Palau until the effective date 
     of the Compact of Free Association with the Government of 
     Palau.'' The Senate amendment refers to ``Palau.'' The Senate 
     recedes.
       The House bill refers to the ``Northern Mariana Islands.'' 
     The Senate amendment refers to ``the Commonwealth of the 
     Northern Mariana Islands.'' The House recedes.
       The Senate amendment also includes the Republic of the 
     Marshall Islands and the Federated States of Micronesia. The 
     House recedes.
       The House refers to making ``grants to fund innovative 
     education improvement programs which will increase student 
     learning.'' The Senate amendment refers to ``grants or 
     contracts with any organization considered qualified to 
     providing training for teachers in such schools and shall 
     allot such sums among such territories on the basis of the 
     need for such training.'' The Senate recedes.
       The House bill contains a section on restrictions. The 
     Senate recedes.
     Blue Ribbon Schools Program
       The Senate amendment, but not the House bill, contains a 
     provision authorizing a $1 million Blue Ribbon Schools 
     program. The Senate recedes with an amendment to move this to 
     the Fund for the Improvement of Education.
     National Student and Parent Mock Election
       The Senate amendment, but not the House bill, contains a 
     provision authorizing a $125,000 National Student and Parent 
     Mock Election Program. The House recedes with an amendment to 
     place program in FIE and with an amendment in paragraph (a) 
     to strike ``in'' after ``grants'' and to strike ``election'' 
     after ``every'' and to strike the authorization of 
     appropriations in subsection (c).
     Elementary School Counseling Demonstration
       The Senate amendment, but not the House bill, contains a 
     provision authorizing $1 million for an Elementary School 
     Counseling Demonstration Act. The House recedes with an 
     amendment, moving this program to FIE.
     Model Projects
       The Senate amendment, but not the House bill, contains a 
     provision authorizing $5 million for a Model Projects program 
     for grants to cultural institutions for outreach activities 
     for at-risk children.
       The House recedes with an amendment moving this program to 
     FIE and striking the authorization of appropriations in 
     subsection (c).
     Extended Time for Learning
       The Senate amendment, but not the House bill, contains a 
     provision authorizing $20 million for an Extended Time for 
     Learning program.
     Longer School Year
       The Senate amendment, but not the House bill, contains a 
     provision authorizing $100 million for a Longer School Year 
     incentive program.
     Creating Smaller Learning Communities
       8. The Senate amendment, but not the House bill, contains a 
     provision authorizing $20 million for a Creating Smaller 
     Learning Communities program. The House recedes with an 
     amendment moving this program to FIE.
     Partnerships in Character Education Pilot Project
       The Senate amendment, but not the House bill, contains a 
     provision authorizing $6 million for a Partnerships in 
     Character Education Pilot Project. The House recedes with an 
     amendment moving the program to FIE. See attached language at 
     back.
     Alaska Native Education
       The Senate amendment, but not the House bill, contains a 
     provision authorizing $5 million for an Alaska Native 
     Education program, $2 million for an Alaska Native Home Based 
     Education for Preschool Children program, and $1,000,000 for 
     an Alaska Native Student Enrichment Program. The House 
     recedes, moving the provision to a new Title IX.
     Promoting Scholar-Athlete Competitions
       The Senate amendment, but not the House bill, contains a 
     provision authorizing $1 million for a program to promote 
     Scholar-Athlete Competitions. The House recedes with an 
     amendment to move it to FIE with language to appear as 
     follows: ``The Secretary is authorized to award a grant to a 
     non-profit organization to reimburse such organization for 
     the costs of conducting scholar-athlete games to be held in 
     1995. In awarding the grant the Secretary shall give priority 
     to a non-profit organization that (A) is described in section 
     501(c)(3) of, and exempt from taxation under section 501(a) 
     of, the Internal Revenue Code of 1986, and is affiliated with 
     a university capable of hosting a large educational, 
     cultural, and athletic event that will serve as a national 
     model; (B) has the capability and experience in administering 
     federally funded scholar athlete games; (C) has the ability 
     to provide matching funds, on a dollar-for-dollar basis, from 
     foundations and the private sector for the purpose of 
     conducting a scholar-athlete program; and has the 
     organizational structure and capability to administer a model 
     scholar-athlete program the summer of 1995; (E) has the 
     organizational structure and expertise to replicate the 
     scholar-athlete program in various venues throughout the 
     United States in 1996 and thereafter, as well as was 
     replicate such program internationally; and (F) has plans for 
     conducting scholar-athlete games after 1995 without federal 
     assistance.''
     Cultural Partnerships for At-Risk Children and Youth Act of 
         1994
       The House bill part is entitled ``Community Arts 
     Partnership Act of 1994'' while the Senate amendment part is 
     entitled ``Cultural Partnerships for At-Risk Children and 
     Youth Act of 1994.'' The House recedes.
       The House bill refers only to the inadequacy of arts 
     programs available for children in schools; the Senate 
     amendment refers to ``arts and cultural programs available 
     for children and youth.'' The House recedes.
       The House bill, but not the Senate amendment, finds that 
     the arts promote progress in academic subjects as shown by 
     research conducted by the National Endowment for the Arts. 
     The Senate recedes.
       The House bill, but not the Senate amendment, finds that 
     the arts access multiple human intelligences and develop 
     higher-order thinking skills. The House recedes.
       The House bill, but not the Senate amendment, finds that 
     the ``arts generate self-esteem and positive emotional 
     responses to learning.'' The Senate recedes with an amendment 
     deleting 3502(a)(4) and inserting in lieu thereof: ``Learning 
     in the arts and humanities promotes progress in other 
     academic subjects, and generates positive self-esteem and a 
     greater sense of accomplishment in young people.''
       The House bill states only that ``children who receive 
     instruction in the arts remain in school longer and are more 
     successful than children who do not receive such 
     instruction''; the Senate amendment refers to children and 
     youth who receive instruction in the arts and humanities, or 
     who are involved in cultural activities. The House recedes.
       The Senate amendment, but not the House bill, finds that 
     ``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.'' The House recedes with an amendment 
     inserting ``and school-cultural institution'' after ``school-
     university'' and inserting a new paragraph after Senate 
     section 11102(4) stating: ``The Goals 2000: Educate America 
     Act, other legislation and local, state and national 
     resources support the integration of the arts and humanities 
     into the regular curriculum and school day or all children. 
     While all children benefit from this instruction in the arts 
     and the humanities, at-risk children and youth have a 
     special, additional need for arts and cultural programs both 
     in school and after school.''
       The Senate amendment, but not the House bill, finds that 
     museum outreach, cultural activities and informal education 
     for at-risk children and youth have contributed significantly 
     to their educational achievement. The House recedes.
       The House bill includes a statement of purpose, the Senate 
     amendment does not. The Senate amendment part is entitled 
     ``Subgrants'' and involves grants from a Committee. The 
     Senate recedes.
       The House bill part is titled ``Grants Authorized,'' the 
     Senate amendment is titled ``Award of Subgrants.'' The Senate 
     recedes.
       The House bill states that the ``Secretary is authorized to 
     award grants to eligible entities to pay the Federal share of 
     the costs of activities'' authorized under this title. The 
     Senate amendment states that the Committee shall award 
     subgrants to eligible entities. The Senate recedes.
       The House bill part is entitled ``Special Requirements'' 
     and states that the Secretary shall award grants under this 
     Act to programs; the Senate amendment contains no such 
     statement. The Senate recedes.
       The House bill permits the Secretary to award grants to 
     ``programs designed to promote educational and cultural 
     services''; the Senate speaks of ``promoting and enhancing 
     educational and cultural activities.'' The House recedes.
       The House bill permits the Secretary to award grants to 
     programs designed to provide multi-year services to at-risk 
     children and youth; the Senate amendment contains no such 
     part. The Senate recedes with an amendment inserting ``and to 
     integrate community resources into in-school and after-school 
     educational programs;'' after ``children and youth.''
       The Senate amendment, but not the House bill refers to a 
     Committee which shall award subgrants to improve educational 
     performance. The Senate recedes with an amendment striking 
     all of Senate section 11103(a)(2).
       The House bill, but not the Senate amendment, permits the 
     Secretary generally to award grants to programs designed to 
     serve the needs of at-risk children and youth. The House 
     recedes.
       The House bill permits the Secretary to award grants for 
     programs designed to provide integration of community 
     cultural resources in the regular curriculum; the Senate and 
     the school day. The House recedes.
       The House bill permits the Secretary to award grants to 
     programs designed to ``provide effective cultural linkages 
     from preschool programs,'' including preschool grants under 
     the Individuals with Disabilities Education Act, to 
     elementary schools. The Senate amendment refers to the 
     provision of 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.'' The House 
     recedes.
       The Senate amendment, but not the House bill, states that 
     facilitation of school to work shall be done through 
     educational programs and activities that utilize school 
     resources. The House recedes.
       The House bill permits the Secretary to award grants to 
     programs designed to increase parental and community 
     involvement in the development of at-risk youth. The Senate 
     amendment states that such development shall be of at-risk 
     children and youth. The House recedes.
       The House bill permits the Secretary to award grants to 
     programs designed to ``replicate programs and strategies that 
     provide high quality coordinated educational and cultural 
     services and that are designed to integrate such coordination 
     into the regular curriculum.'' The Senate amendment refers to 
     the development of such programs and strategies that are 
     designed also to replicate the services in other schools. The 
     House recedes with an amendment striking Senate section 11103 
     (c)(1(G)(ii) and inserting in lieu thereof: ``provide a model 
     to replicate these services in other schools and 
     communities.''
       The Senate amendment, but not the House bill, refers to a 
     Demonstration Program and states that the Secretary shall 
     award all funds appropriated under this title to the 
     Committee. The House recedes with an amendment striking 
     Senate section 1103 (a)(1) and inserting in lieu thereof a 
     paragraph entitled ``Partnership'' and stating: ``An 
     interagency partnership comprised of the Secretary of 
     Education, the Chairman of the National Endowment for the 
     Humanities, the Chairman of the National Endowment for the 
     Arts, and the Director of the Institute of Museum Services, 
     or their designees, shall establish criteria and procedures 
     for awarding grants, including the establishment of panels to 
     review the applications, and shall administer the grants 
     program authorized by this Section. The Secretary shall 
     publish such criteria and procedures in the Federal 
     Register.''
       The Senate amendment states that the Committee may reserve 
     up to 5% of grant funds for administration and that grant 
     recipients may also reserve 5% of grants for administration. 
     The House bill has no such provisions. The House recedes with 
     an amendment striking the word ``Committee'' and inserting in 
     lieu thereof the word ``Secretary.''
       The House bill part is entitled ``Requirement of 
     Coordination'' and refers to grants received by the members 
     of the partnership for purposes and target populations 
     described into an integrated service delivery system located 
     at a school, cultural or other community-based site 
     accessible to and utilized by at-risk youth. The Senate 
     amendment is entitled ``Coordination'' and does not refer to 
     such an integrated service delivery system. The Senate 
     recedes with an amendment eliminating ``Requirement of'' in 
     the title of the subsection.
       The House bill part is entitled ``Duration'' and states 
     that grants made under this part may be renewable upon the 
     Secretary's determination of satisfactory progress for a 
     maximum of 5 years. The Senate amendment part is entitled 
     ``Renewal'' and states that the Committee is to make the 
     determination of satisfactory progress. The Senate recedes.
       The House bill states that the ``Secretary shall ensure an 
     equitable geographic distribution'' and an ``equitable 
     distribution to both urban and rural areas with a high 
     proportion of at-risk youth.'' The Senate bill states that 
     the ``Committee, to the extent feasible, shall ensure an 
     equitable geographic distribution of subgrants.'' The House 
     recedes with an amendment striking the word ``Committee'' and 
     replacing it in lieu thereof with the word ``Secretary.''
       The House bill part is entitled ``Eligibility'' and the 
     subpart entitled ``Services for In-School Youth; the Senate 
     amendment is entitled ``Eligible Entities.'' The House 
     recedes with an amendment adding ``and after school'' after 
     ``in-school'' in Senate section 11103(a)(3)(A).
       The House bill defines an ``eligible entity'' as a 
     partnership between a Title I eligible LEA and an institution 
     of higher education or cultural entity located within or 
     accessible to the boundaries of the LEA. The Senate amendment 
     defines an ``eligible entity'' to include an individual 
     school eligible to participate in a schoolwide program, 
     explicitly makes museums and local arts agencies eligible for 
     such partnerships and requires that the entity partnering 
     with a school or LEA be accessible to individuals within the 
     locals school district. The House recedes.
       The House bill, but not the Senate amendment, explicitly 
     permits ``libraries, performing, presenting and exhibiting 
     arts organizations; literary arts organizations'' and local 
     arts organizations to enter into partnerships. The Senate 
     amendment, but not the House bill explicitly includes 
     cultural institutions and local arts agencies. The Senate 
     recedes with an amendment adding ``state and'' prior to the 
     phrase ``local arts organizations,'' and an amendment adding 
     ``cultural institutions;'' before the word zoological.
       The House bill requires that ``private for-profit 
     entities'' have a history of training children and youth in 
     the arts. The Senate amendment specifies an ``effective 
     history of training'' such individuals in the arts or 
     humanities. The House recedes with an amendment striking the 
     word ``effective.''
       The House bill makes Title 1 eligible LEAs eligible for 
     partnerships for out of school youth. The Senate amendment 
     permits any LEA or schoolwide program eligible school to be 
     so qualified. The House recedes with an amendment striking 
     Senate section 11103(a)(3)(b).
       The Senate amendment, but not the House bill, states that 
     the families of students shall be served ``to the extent 
     practical.'' The House recedes.
       The House bill, but not the Senate amendment includes in 
     its target population out-of-school youth at risk of having 
     limited future options as a result of teenage pregnancy, 
     family migration or being a high school dropout. The Senate 
     amendment refers to out-of-school children and youth at risk 
     of disadvantages resulting from dropping out of school. The 
     House recedes.
       The House bill refers to at-risk youth; the Senate 
     amendment refers to at-risk children and youth. The House 
     recedes.
       The House bill refers to ensuring the smooth transition of 
     preschool children to elementary school, the Senate amendment 
     refers to fostering such a transition. The House recedes.
       The House bill includes as authorized activities, work with 
     existing school personnel to develop curriculum materials and 
     programs in the arts. The Senate amendment refers only to 
     curriculum materials, not programs, in the arts. The Senate 
     recedes.
       The House bill includes as authorized activities, work with 
     existing school personnel on staff development activities 
     that encourage the integration of the arts into the 
     curriculum. The Senate amendment does not refer to work with 
     such school personnel. The Senate recedes.
       The Senate amendment and the House bill refer to stipends 
     for arts and humanities professionals to work with at-risk 
     children and youth in schools. The House recedes with an 
     amendment to Senate Section 11104(a)(8) striking the word 
     ``arts'' and inserting in lieu thereof the word ``artists.''
       The Senate amendment, but not the House bill, refers to 
     training individuals who are not trained to work with 
     children and youth. The House recedes.
       The House bill refers to stipends for local artists work 
     with at-risk children and youth; the Senate amendment refers 
     to arts and humanities professionals working with such at-
     risk individuals. The House recedes.
       The House bill states that the arts should be used to 
     reform school practices; the Senate amendment refers to the 
     arts and culture. The House recedes.
       The House bill refers to appropriate equipment and 
     necessary supplies. The Senate amendment refers to 
     appropriate equipment or supplies. The House recedes.
       The House bill requires the Secretary to give priority to 
     eligible entities providing services beyond traditional 
     school hours and refers to year round programs that provide 
     services in the evenings and on weekends. The Senate version 
     gives discretion to the Committee as to whether to give 
     priority to programs extending beyond traditional school 
     hours and does not refer to year round programs. The Senate 
     recedes with an amendment striking Senate section 
     11103(c)(5).
       The Senate amendment establishes a Committee comprised of 8 
     members of whom 2 shall be appointed by the Secretary of 
     Education, 2 by the National Endowment for the Arts, 2 by the 
     National Endowment for the Humanities and 2 by the Institute 
     of Museum Services. The House bill contains no such 
     provision. The Senate recedes.
       The House bill part is entitled ``Planning Grants,'' the 
     Senate amendment is entitled ``Planning Subgrants.'' The 
     Senate recedes.
       The House bill refers to applications made to the 
     Secretary, the Senate amendment refers to awards by the 
     Committee. The Senate recedes.
       The House bill refers to applications made to the 
     Secretary. The Senate amendment refers to applications made 
     to the Committee. The Senate recedes.
       The Senate amendment, but not the House bill, refers to 
     applications submitted to the Committee. The Senate recedes.
       The Senate amendment, but not the House bill, permits an 
     individual school to apply for grants under this title. The 
     House recedes.
       The House bill, but not the Senate amendment, requires that 
     applications describe the nature and location of sites where 
     services will be delivered and a description of those 
     services. The Senate recedes.
       The Senate amendment, but not the House bill, requires that 
     applications describe the training that will be provided to 
     individuals who are not trained to work with children and 
     youth and how teachers will be involved. The House recedes.
       The House bill states that the amount of a grant may not be 
     less than $100,000 nor more than $500,000 in the first year. 
     The Senate amendment states that subgrants awarded under this 
     title shall be of sufficient size, scope and quality to be 
     effective. The House recedes.
       The Senate amendment, but not the House bill, permits that 
     the 20% of the non-federal share of programs required may 
     include the provision of equipment. The House recedes.
       The House bill, but not the Senate amendment restrict the 
     scope of this section to amounts that exceed the amounts 
     expended for such activities in the year preceding the year 
     for which the grant is awarded. The Senate recedes.
       The Senate amendment, but not the House bill, requires that 
     the Secretary disseminates information concerning successful 
     models under this title in consultation with the Committee. 
     The House recedes with an amendment striking the language of 
     Senate Section 11107 and inserting in lieu thereof: ``The 
     Secretary, in consultation with the Chairman of the National 
     Endowment for the Humanities, the Chairman of the National 
     Endowment for the Arts and the Director of the Institute of 
     Museum Services, or their designees, shall submit successful 
     models under this Title to the National Diffusion Network for 
     its review.''
       The House bill authorizes $75 million for FY 1995 and such 
     sums as may be necessary for the each of fiscal years 1996, 
     1997, 1998, 1999. The Senate bill authorizes $25 million for 
     FY 1995, and such sums as may be necessary for each of the 4 
     succeeding fiscal years. The House recedes with an amendment 
     striking the term ``$20,000,000'' and placing in lieu thereof 
     ``$45,000,000.''
       The Senate amendment but not the House bill requires that 
     before any appropriations are made for this title, $177 
     million shall be appropriated for the National Endowment for 
     the Humanities, $170 million shall be appropriated for the 
     National Endowment for the Arts and $28 million shall be 
     appropriated for the Institute of Museum Services. The Senate 
     recedes.
       The Senate amendment, but not the House bill, states that 
     the Committee shall award subgrants under this title so as to 
     ensure nonduplication of services provided by subgrant 
     recipients and services provided by the National Endowment 
     for the Humanities, the National Endowment for the Arts, and 
     the Institute for Museum Services. The House recedes with an 
     amendment deleting the words ``subgrant'' and ``subgrants'' 
     where they appear and inserting in lieu thereof ``grant'' or 
     ``grants'' respectively and deleting the word ``Committee'' 
     and inserting in lieu thereof the word ``Secretary.''
       The Senate amendment, but not the House bill, states that 
     the Committee is to establish and transmit to the Secretary 
     criteria and procedures for awarding subgrants under this 
     Title. The Secretary is to publish such criteria and 
     procedures in the Federal Register. The Senate recedes.
       The Senate amendment but not the House bill requires the 
     involvement of a certified teacher or trained instructor in 
     carryout the activities of subgrant. The Senate recedes.


   Title VII Bilingual Education, Language Enhancement and Language 
                          Acquisition Programs

       1. The House bill names Title VII, ``bilingual education 
     programs''. The Senate amendment names Title VII, ``language 
     enhancement and acquisition programs'' and makes Part A, 
     ``bilingual education programs.''
       The Senate recedes with an amendment to title this part 
     ``Bilingual Education, Language Enhancement and 
     Acquisition.''
     Findings
       2. The House bill is entitled ``Findings, Policy, and 
     Purpose''; the Senate amendment is entitled ``Findings. The 
     House bill finds that language minority Americans speak 
     virtually all world languages; the Senate amendment finds 
     that many LEP students are different from their English 
     proficient peers.
       The Senate recedes on the House finding. The House recedes 
     on the Senate finding.
       3. The House bill, but not the Senate amendment, makes a 
     statement in its findings with regard to the impact of 
     federal immigration policies on limited-English proficient 
     Americans.
       The Senate recedes.
       4. The House bill, but not the Senate amendment, states in 
     its findings that language-minority Americans have limited 
     education and low incomes.
       The House recedes.
       5. The House bill and Senate amendment have similar, but 
     not identical, findings concerning a need to provide limited-
     English-proficient children full access to educational 
     programs. The Senate amendment, but not the House bill, 
     relates the findings to ways in which these children are not 
     fully integrated into American society.
       The House recedes.
       6. The House bill describes in its findings the federal 
     government's responsibilities to American Indians, Native 
     Alaskans and Native Hawaiians. The Senate amendment describes 
     in its findings the unique status of Native Americans and 
     Native American languages.
       The House recedes with an amendment to insert ``including 
     native residents of the territories and freely associated 
     nations'' after parentheses.
       7. The House bill, but not the Senate amendment, describes 
     the role of institutions of higher education in assisting 
     language-minority students.
       The Senate recedes with amendment striking ``language-
     minority'' and replacing it with ``limited-English 
     proficient.''
       8. The House bill states in its findings that this title is 
     intended to help students master English and develop high 
     levels of academic attainment. The Senate amendment states in 
     its findings that a primary purpose of the title is to 
     develop the English language.
       The Senate recedes.
       9. The House bill states in its findings that limited-
     English-proficient children can be helped through bilingual 
     education and includes proficiency in more than one language. 
     The Senate amendment states in its findings that the needs of 
     limited-English-proficient children are met through specially 
     designed programs.
       The Senate recedes.
       10. The House bill states in its findings that multilingual 
     skills are necessary in today's interdependent world. The 
     Senate amendment states in its findings that parent and 
     community participation contribute to program effectiveness.
       The House recedes and the Senate recedes so that the 
     provisions may be combined by legislative counsel.
       11. The House bill, but not the Senate amendment, states in 
     its findings that educational technology should be utilized.
       The Senate recedes.
       12. The House and Senate amendments state, in similar, but 
     not identical ways, the value of educational research.
       The House recedes with an amendment after the last 
     ``education'' in Senate language to add ``of limited-English 
     proficient children''.
       13. The House bill and Senate amendment describe, with 
     minor differences, the value of using one's native language.
       The House recedes.
       14. The Senate amendment, but not the House bill, notes the 
     federal government's responsibility in ensuring that states 
     provide limited-English-proficient children equal educational 
     opportunities.
       The House recedes.
       15. The Senate amendment, but not the House bill, notes the 
     federal government's obligation to assist states in meeting 
     their requirements to provide equal educational 
     opportunities.
       The House recedes.
       16. The House bill and Senate amendment provide identical 
     descriptions for ``policy'', with the following exceptions: 
     the Senate amendment, but not the House bill, makes reference 
     to ``consortia of local educational agencies''; the House 
     bill, but not the Senate amendment, references ``language 
     minority'' children.
       The House recedes with an amendment deleting ``and 
     consortia of local educational agencies.''
       17. The House bill and Senate amendment have technical 
     differences with respect to how ``purpose''/``policy' are set 
     forth. The Senate amendment describes the following under the 
     section, ``policy'': to educate eligible children to high 
     academic standards; to develop their English; to develop 
     bilingual skills; and to apply these goals to Native American 
     groups. The House bill describes the following under the 
     section ``purpose'': to educate eligible children to high 
     academic standards through improved bilingual education 
     programs, through improved data, through research and 
     dissemination, and through improved training of educators.
       The House and Senate recede to combine the provisions as 
     follows: delete ``language minority and''; to insert 
     ``content standards and challenging state student'' before 
     standards; to insert (2) develop bilingual skills and 
     multicultural understanding; (3) develop the English of such 
     children and youth and, to the extent possible, the native 
     language skills of such children and youth; (4) provide 
     similar assistance to Native Americans with certain 
     modifications relative to the unique status of Native 
     American languages under Federal law.; and redesignate the 
     remaining paragraphs.
     Authorization of Appropriations
       18. The House bill section is entitled ``authorization of 
     appropriations; the Senate amendment is entitled ``policy; 
     authorization of appropriations.'' The House bill, but not 
     the Senate amendment, reserves at least 25 percent for Part 
     C.
       The Senate recedes.
     Definitions
       19. The House bill, but not the Senate amendment, includes 
     in the subheading of, ``definitions'', ``regulations''.
       The Senate recedes.
       20. The House bill and Senate amendment define, ``Native 
     language'' in identical fashion, except the House bill 
     applies the term to ``individual'', whereas the Senate 
     amendment applies the term to ``individual of limited-
     English-proficiency''.
       The House recedes.
       21. The Hose bill defines, (and generally uses throughout 
     the title in conjunction with ``limited-English-proficient'') 
     ``language-minority'' to describe individuals whose native 
     language is not English, whose home environment is other than 
     English or an individual who is Native American. No 
     comparable Senate provision.
       The House recedes.
       22. The House bill defines, ``limited-English-proficient'' 
     as a language-minority person with limited ability to 
     communicate in English.'' The Senate amendment defines its 
     equivalent term, ``limited-English proficiency and limited-
     English-proficient'', as one who is not born in the States, 
     or whose native language is other than English (including 
     migratory persons), or is a Native American, and who 
     therefore has difficulty communicating in English.
       The House recedes with an amendment adding ``or is a native 
     resident of the territories and freely associate nations'' 
     after ``Alaska Native.''
       23. The House bill defines, ``bilingual education'' as a 
     teaching method which makes instructional use of English and 
     the native language. The Senate amendment defines, 
     ``bilingual education program'' as a teaching method 
     conducted in English, the native language or both, which 
     helps students achieve proficiency in English and ``to the 
     extent practicable'' their native language in order to 
     achieve high standards.
       The Senate recedes.
       24. The House bill defines ``special alternative 
     instructional program'' as distinct from ``bilingual 
     education''. No comparable provision in the Senate amendment.
       The Senate recedes.
       25. The House bill defines, ``family education program'', 
     as a program designed for adults and out-of-school youth. No 
     such provision in the senate.
       The Senate recedes with amendment to include Parents as 
     Teachers and HIPPY after Even Start Literacy Program in 
     paragraph (6) and to add ``s'' to ``model'' in the same 
     sentence.
       26. The House bill defines, ``institution of higher 
     education''. No comparable provision in the Senate amendment.
       The Senate recedes on the provision and its placement is 
     left to legislative counsel.
       27. The House bill defines ``office.'' No comparable 
     provision in the Senate amendment.
       The Senate recedes.
       28. The House bill defines ``community college''. No 
     comparable provision in the Senate amendment.
       The Senate recedes on the provision and its placement is 
     left to legislative counsel.
       29. The House bill defines ``paraprofessional''. No 
     comparable provision in the Senate amendment.
       The Senate recedes.
       30. The House bill and Senate amendment define, ``other 
     programs for persons of limited-English-proficiency'' 
     similarly, except the Senate amendment adds that it must 
     directly involve bilingual education activities.
       The Senate recedes.
       31. The House bill defines, ``community-based 
     organization''. No comparable provision in the Senate 
     amendment.
       The Senate recedes with an amendment including ``of 
     demonstrated effectiveness'' in paragraph (12) after 
     ``community-based organization.'' The placement of this 
     paragraph is to be determined by Legislative Counsel.
       32. The House bill and Senate amendment are similar in the 
     definition of, ``immigrant children and youth'', but the 
     Senate amendment applies the term to children who have been 
     attending a school or schools in the States for not more than 
     ``three'' years, when the House applies this to children who 
     have attended school in the U.S. for not more than ``two'' 
     years.
       The House recedes.
       33. The Senate amendment defines, ``director''. No 
     comparable provision in the House bill.
       The House recedes.
       34. The Senate amendment defines, ``jurisdiction where a 
     Native American language has official status''. No comparable 
     provision in the House bill.
       The Senate recedes.
       35. The Senate amendment defines, ``Native American and 
     native American Language''. No comparable provision in the 
     House bill.
       The House recedes.
       36. The Senate amendment defines, ``Native Hawaiian or 
     Native American pacific islander native language educational 
     organization''. No comparable provision in the House bill.
       The House recedes.
       37. The House bill, but not the Senate amendment, requires 
     the Secretary to consult with State representatives and 
     others in developing regulations under this Title.
       The Senate recedes.
       38. Both bills have similar detailed provisions regarding 
     parental notification. The House bill, but not the Senate 
     amendment, makes the following additional requirements: 
     information on assessments of a child; information on 
     programs; information on the instructional goals of the 
     language programs for language minority children; and that a 
     student's surname may not be the sole basis for program 
     participation.
       The Senate recedes with two amendments: in paragraph (2), 
     change ``disabled student'' to ``student with a disability'' 
     and in subparagraph (A), change the first line to ``the 
     benefits, nature, and past academic results''.
       39. The House bill and Senate amendment are identical in 
     their descriptions of ``eligible entities'', except for 
     technical differences to conform to the different terms of 
     each bill.
       The House recedes with an amendment to include ``post-
     secondary schools'' after ``secondary schools'' in paragraph 
     (a).
       40. The House bill authorizes payments to be made to 
     schools operated or funded by the Bureau of Indian Affairs 
     and exempts Indian and Alaskan native controlled schools from 
     the requirement to submit application to SEA (see section 
     7106(a)(2).) The Senate amendment authorizes any of the named 
     entities referred to as an ``eligible entity'' (such as 
     ``Indian tribe'') on the preceding page and authorizes such 
     entity to apply directly to the Secretary (i.e. without a 
     requirement to submit the application first to the SEA).
       The House recedes.
       41. The House bill, but not the Senate amendment, requires 
     the Assistant Secretary of the Interior, in collaboration 
     with the Secretary of Education, to provide a yearly report 
     to the Congress on how well Indian children are served under 
     the purposes of this Title.
       The House recedes.
       42. The House bill, but not the Senate amendment, defines 
     ``local educational agency'' as one which includes the 
     preservation of native language when applied to Guam.
       The Senate recedes.
       43. The House titles Part A, ``bilingual education capacity 
     and demonstration grants''; the Senate titles the subpart, 
     ``financial assistance for bilingual education.''
       The Senate recedes.
     Purpose of Grants
       44. The House bill titles the section, ``purpose of 
     grants''; the Senate amendment titles it ``financial 
     assistance for bilingual education.'' The House bill states 
     that the purpose of bilingual education grants is to develop 
     capacity of local educational agencies, institutions of 
     higher education and community-based organizations in 
     delivering programs to assist language minority children. The 
     Senate amendment states that the purpose of bilingual 
     education grants is to assist local educational agencies in 
     helping their limited-English proficient children acquire 
     English, attain high education standards, and develop 
     proficiency in their Native language, where possible.
       The House recedes with two amendments: insert 
     ``institutions of higher education, and community-based 
     organizations'' after ``local educational agencies'' in the 
     first sentence of subsection (a) and insert ``through 
     bilingual education or special alternative instruction'' 
     after ``high-quality instruction'' in paragraph (1).
     Program Development Grants
       45. The House bill authorizes ``program development and 
     implementation'' grants with awards of up to $100,000 
     annually for up to 4 years. The Senate amendment authorizes 
     ``development and enhancement'' grants under a single 
     authority, with no dollar amount specified, for up to 3 
     years.
       Senate recedes with an amendment to delete ``with 1 
     additional year upon the Secretary's approval'' and to delete 
     ``up to $100,000 annually''.
       46. The House bill requires that the following activities 
     be provided under these grants: developing and implementing 
     bilingual and special alternative programs which are 
     coordinated with the relevant programs and services; in-
     service training. No comparable language in Senate amendment.
       The Senate recedes.
       47. The House bill allows the following activities under 
     these grants: family education programs; upgrading the 
     instructional program. Comparable language in the Senate 
     amendment appears under ``use of funds'', page 34(b). The 
     Senate recedes with an amendment to delete (b)(3)(A) and 
     (b)(3)(B) and replace them with:
       (A) Implementing parent outreach and training activities 
     and family education programs and activities designed to 
     assist parents to become active participants in the education 
     of their children;
       (B) Improving the instructional program for limited-
     English-proficient students by identifying, acquiring and 
     upgrading curriculum, instruction materials, educational 
     software and assessment procedures and, if appropriate, 
     applying educational technology;
       (C) Compensating 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) Providing tutorials and academic or career counseling 
     for children and youth of limited-English proficiency; and
       (E) Providing such other activities, related to the 
     purposes of this part, as the Secretary may approve.
       48. The House bill make eligible, local educational 
     agencies, or community-based organizations whose applications 
     have been approved by LEAs. Comparable language in the Senate 
     amendment (see the first paragraph of this subpart, page 
     16(b)) makes eligible local educational agencies or 
     community-based organizations in consortia with an LEA and an 
     institution of higher education.
       The Senate recedes with an amendment inserting ``or an 
     institution of higher education '' after the second time that 
     ``community-based organization'' appears in subsection (c).
       49. The House bill, but not the Senate amendment, requires 
     that grants be equally distributed, to the extent 
     practicable, among the three education levels specified.
       The Senate recedes with an amendment changing subsection 
     (d) to: ``In awarding grants, the Secretary shall, to the 
     extent practicable, give due consideration to early childhood 
     education, elementary education and secondary education 
     programs.''
     Program Enhancement Grants
       50. The House bill authorizes ``program enhancement 
     grants'' with awards up to $100,000 annually for 2 years. The 
     Senate amendment includes ``enhancement grants'' with 
     ``development grants'' as a single authority.
       The Senate recedes with an amendment deleting ``of up to 
     $100,000'' in subparagraph (1).
       51. The House bill requires that funds be used to provide 
     in-service training. No comparable provision in the Senate 
     amendment.
       The Senate recedes.
       52. The House bill allows grants to be used for improving 
     instructional programs, for implementing family education 
     programs and for providing intensified instruction. 
     Comparable language in the Senate amendment appears under 
     ``use of funds'', page 34(b).
       The Senate recedes with an amendment to delete (b)(3)(A) 
     and (b)(3)(B), redesignate (b)(3)(C) as (b)(3)(F) and insert:
       (A) Implementing parent outreach and training activities 
     and family education programs and activities designed to 
     assist parents to become active participants in the education 
     of their children;
       (B) Improving the instructional program for limited-
     English-proficient students by identifying, acquiring and 
     upgrading curriculum, instructional materials, educational 
     software and assessment procedures and, if appropriate, 
     applying educational technology;
       (C) Compensating 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) Providing tutorials and academic or career counseling 
     for children and youth of limited-English proficiency; and
       (E) Providing such other activities, related to the 
     purposes of this part, as the Secretary may approve.
       53. The House bill makes eligible, local educational 
     agencies, or community-based organization whose applications 
     have been approved by the LEA. Comparable language in the 
     Senate amendment (see the first paragraph of this subpart, 
     page 16(b)) makes eligible, local educational agencies or 
     community-based organizations in consortia with an LEA and an 
     institution of higher education.
       The Senate recedes with an amendment inserting ``or 
     institutions of higher education'' after ``community-based 
     organizations'' in the second sentence of subsection (c).
     Whole School Programs
       54. The House bill authorizes ``whole-school program'' 
     grants for restructuring all relevant programs in a school. 
     The Senate amendment authorizes ``comprehensive school 
     grants'' for implementing schoolwide bilingual education.
       The Senate recedes with an amendment changing the section 
     title to ``Comprehensive School Grants''; inserting 
     ``implement schoolwide bilingual programs or special 
     alternative instruction programs for reforming, 
     restructuring, and upgrading'' after ``eligible applicants 
     to''; deleting ``to fulfill'' to the end of the sentence and 
     inserting ``that serve all (or virtually all) children and 
     youth in limited-English proficiency in schools with 
     significant concentrations of such children and youth.''
       55. The House bill authorize 5-year grants of up to 
     $100,000 in the first year and up to $250,000 in subsequent 
     years. The Senate amendment authorizes the grants for ``not 
     more than'' 5 years, without an amount specified.
       The Senate recedes with an amendment deleting the monetary 
     amounts and the reference to the ``subsequent 4 years''.
       56. The Senate amendment, but not the House bill, provides 
     for terminating a grant if the school fails to help students 
     achieve academic standards or, in the case of dual language 
     facility, fails to promote such facility.
       The House recedes with an amendment adding ``not making 
     adequate progress toward'' achieving challenging standards 
     after ``taught to and''.
       57. The House bill requires in-service training activities. 
     The Senate amendment allows, but does not require such 
     activities (see page 34(b)).
       The Senate recedes.
       58. The House bill allows activities in the area of 
     instructional improvement, family education and intensified 
     instruction. Comparable language in the Senate amendment 
     appears under ``use of funds'', page 34(b).
       The Senate recedes with an amendment deleting subparagraphs 
     (A) and (B) and changing (C) to (F) and inserting the 
     following:
       (A) Implementing parent outreach and training activities 
     and family education programs and activities designed to 
     assist parents to become active participants in the education 
     of their children;
       (B) Improving the instructional program for limited-
     English-proficient students by identifying, acquiring and 
     upgrading curriculum, instructional materials, educational 
     software and assessment procedures and, if appropriate, 
     applying educational technology;
       (C) Compensating 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) Providing tutorials and academic or career counseling 
     for children and youth of limited-English proficiency; and
       (E) Providing such other activities, related to the 
     purposes of this part, as the Secretary may approve.
       59. The House bill requires that in the first year of a 
     grant, priority be given to preparatory activities. The 
     Senate amendment allows, but does not give priority to such 
     activities (see page 34(c)).
       The Senate recedes with an amendment replacing paragraph 
     (4) with the following:
       (4) An applicant, before carrying out a program shall plan, 
     train personnel, develop curriculum and acquire or develop 
     materials.
       60. Both the House bill and the Senate amendment makes 
     eligible local educational agencies.
       Leave to Legislative Counsel to determine the placement of 
     this provision.
     System-wide Improvement Grants
       61. The House bill authorizes ``system-wide improvement 
     grants'' for reforming relevant programs in a local 
     educational agency. The Senate amendment authorizes 
     ``comprehensive district grants'' for implementing district-
     wide bilingual education programs.
       The Senate recedes on the section title. The Senate recedes 
     with an amendment on the rest of the provision. Replace (a) 
     with:
       ``(a) Purpose.--The purpose of this section is to implement 
     district-wide bilingual education programs or special 
     alternative instruction programs to improve, reform, and 
     upgrade relevant programs and operations within an entire 
     local educational agency that serve a significant number of 
     children and youth of limited-English proficiency in local 
     educational agencies with significant concentrations of such 
     children and youth.''
       62. The House bill authorizes grants for 5 years, with up 
     to $1m in the first year and up to $5m in subsequent years. 
     The Senate amendment authorizes grants for ``not more than 5 
     years'', with no amount specified.
       The Senate recedes with an amendment deleting the dollar 
     amounts and references to ``the first year'' and ``each of 
     the subsequent 4 years.''
       63. The Senate amendment provides for conditions under 
     which the grant shall be terminated. No comparable provision 
     in the House bill.
       The House recedes with an amendment adding ``not making 
     adequate progress toward'' after ``taught to and''.
       64. The House bill lists a variety of activities that may 
     be funded under the grant and clarifies that the first year 
     of funding may be used exclusively for preparatory 
     activities. Comparable language in the Senate amendment 
     appears under ``use of funds'', pages 34(b) and (c).
       The Senate recedes with an amendment to strike (E), (F), 
     and (G) in the paragraph on how grants may be used insert the 
     following after (D):
       (E) parent outreach and training activities and family 
     education programs and activities designed to assist parents 
     to become active participants in the education of their 
     children;
       (F) the instructional program for limited-English- 
     proficient students by identifying, acquiring and upgrading 
     curriculum, instructional materials, educational software and 
     assessment procedures and, if appropriate, applying 
     educational technology;
       (G) tutorials and academic or career counseling for 
     children and youth of limited-English proficiency; and
       (H) such other activities, related to the purposes of this 
     part, as the Secretary may approve.
       65. The House bill specifies that local educational 
     agencies, applying alone or in consortia with other entities, 
     are eligible for grants. The Senate amendment makes eligible 
     local educational agencies
       The Senate recedes.
       66. The House bill gives priority to applicants serving 
     high concentrations of limited-English proficient students or 
     consortia serving students in rural settings.
       The House recedes.
     Applications
       67. The House bill requires applicants to submit 
     applications, developed in consultation with an advisory 
     council, to the Secretary. A copy of the application is 
     required to be sent to the State educational agency, which 
     may submit written comments to the Secretary. If SEA submits 
     comments on any application, it must submit on all in that 
     category.
       The Senate amendment requires an applicant to submit 
     applications, developed in consultation with an advisory 
     council (see page 27(b)) to the Secretary through the State 
     educational agency. The SEA must comment on the need for the 
     program and on how the application is consistent with the 
     State plan under Title I.
       The House recedes with an amendment on the application 
     provision.
       The House bill exempts Indian-controlled schools from 
     submitting a copy of the application to the SEA.
       The Senate recedes.
       68. The House bill and Senate amendment have identical 
     requirements under ``contents'' applicable to all applicants. 
     The House bill, but not the Senate amendment, also makes 
     reference to the Goals 2000 bill; requires involvement of 
     parents; requires student outcomes; requires promotion of 
     coordination of services for students and their families; 
     requires description of collaborative efforts; requires a 
     budget.
       The Senate recedes except on question of reference to Goals 
     2000, with an amendment on (iv) to delete ``in the expected 
     student outcomes'', replacing it with ``in high academic 
     standards.'' The House recedes on the reference to Goals 2000 
     with the following amendment: ``(ii) is coordinated with 
     other programs under this Act, the Goals 2000 Act, and other 
     acts, as appropriate, as specified in section . . . , Title . 
     . . ''; strike ``local educational agency'' after ``any 
     state.''
       69. The House bill and Senate amendment requires additional 
     activities as follows:
       Under ``program development and implementation'' grants and 
     ``whole school programs'' grants, the House bill requires 
     applicant to describe instructional programs, in-service 
     training and family education programs. Under ``enhancement 
     grants'', the House bill requires a description of the 
     existing program and how it will be enhanced.
       Under ``comprehensive school'' and ``comprehensive 
     district'' grants, the Senate amendment requires applicants 
     to describe current services and how the proposed services 
     will be supplemental; integration of funds; achievement 
     goals; assurances that the program is integrated and that the 
     program has been developed with an advisory council.
       The House recedes with an amendment changing ``subsection 
     (c) or (d)'' to ``section 7104 or 7105'' and adding ``(v) 
     current family education programs if applicable.''
       70. The House bill, but not the Senate amendment, 
     establishes conditions which must be met before the Secretary 
     may approve a proposal, such as meeting the needs of children 
     in non-profit private schools.
       The Senate recedes.
       The House bill requires that the Secretary approve a grant 
     only if he determines the program will use staff proficient 
     in the language or languages used for instruction; the Senate 
     amendment requires that the applicant assure that teachers 
     employed in such programs be proficient in English (both 
     written and oral).
       The Senate recedes on the House provision. The House 
     recedes on the Senate provision.
       71. The House bill, but not the Senate amendment, specifies 
     that students may participate in the program for the duration 
     of the program.
       The House recedes.
       72. The House bill, but not the Senate amendment, 
     establishes a priority for programs which develop bilingual 
     proficiency.
       The Senate recedes with an amendment adding ``in English 
     and another language'' after ``bilingual proficiency''.
       73. The House bill limits to 25% the amount that may be 
     given to any grant category which does not utilize the native 
     language for instruction. The Senate amendment limits to 25% 
     the amount that may be given to grants awarded under 
     ``development and enhancement'' grants and ``comprehensive 
     school'' grants which do not utilize the native language for 
     instruction.
       The Senate recedes.
       74. The House bill states ``notwithstanding paragraph (3) 
     (special alternative programs),'' while the Senate amendment 
     states ``notwithstanding paragraphs (1) and (2) (development 
     and enhancement grants and comprehensive school grants).''
       The Senate recedes.
       74a. The Senate amendment, but not the House bill, applies 
     the term, ``qualified'', to personnel.
       The House recedes.
       75. The House bill requires the Secretary to consider 
     collaborative activities, when approving a grant. The Senate 
     amendment authorizes collaborative activities and consortia.
       The House recedes.
       76. The House bill requires that the Secretary ensure that 
     the needs of school systems of all sizes, in all parts of the 
     country be addressed. (For comparable Senate amendment 
     provision, see note #81.)
       The House recedes.
       77. The House bill, but not the Senate amendment, requires 
     the Secretary to give priority to programs which assist in 
     certifying personnel.
       The Senate recedes with an amendment striking ``priority'' 
     and inserting ``due consideration''.
     Intensified Instruction
       78. The House bill, but not the Senate amendment, 
     authorizes and describes ``intensified instruction'' 
     activities such as capacity building.
       The Senate recedes.
       79. The Senate amendment, requires that, to the extent 
     possible, the Secretary increase funds for grants awarded 
     under ``comprehensive school'' and ``comprehensive district'' 
     grants in subsequent years.
       The Senate recedes.
     Subgrants
     Geographic Distribution of Funds
       80. The House bill and Senate amendment both provide for 
     geographic distribution of grants. The Senate amendment, but 
     not the House bill, adds to the requirement that 
     consideration be given to areas with significant increases in 
     limited-English-proficient children. The Senate amendment 
     also give consideration to the needs of all sizes of schools 
     systems and geographic settings.
       The House recedes with an amendment replacing (f) with 
     ``Priority on Funding.--The Secretary shall give priority to 
     applications under this section from; replacing paragraph (1) 
     with ``applicants which enroll a large percentage or large 
     number of limited-English proficient students; and''; 
     inserting ``including those'' after ``youth'' in paragraph 
     (2); and striking ``full'' in paragraph (3) and inserting 
     ``and urban'' after ``rural''.
     Programs in Puerto Rico
       81. The House bill and Senate amendment both provide that 
     programs serving children in Puerto Rico may be designed for 
     children of limited Spanish proficiency. The Senate 
     amendment, but not the House bill, also includes under this 
     provision that programs may be designed for children studying 
     Native American languages, provided one of the outcomes is 
     increased English proficiency.
       The House recedes with an amendment to include Native 
     Pacific Islanders.
     Evaluations
       82. The House bill requires grant recipients to provide the 
     Secretary an evaluation of its program and how it shall be 
     used for purposes such as program improvement. Components to 
     be used in such evaluation include: student outcome 
     indicators, program implementation indicators, the 
     relationship of the program to all other activities within 
     the school.
       The Senate recedes with an amendment replacing (1) with 
     ``how students are achieving the State performance standards, 
     if any, including date comparing children and youth . . . 
     proficiency;''
       83. The Senate amendment lists the activities that may be 
     funded for all three grant categories as follows: acquisition 
     of curricular materials, parent outreach, salaries, tutorials 
     and career counseling, other activities related to the 
     purposes of this part. The Senate amendment lists the 
     following additional activities that may be funded under 
     comprehensive school and comprehensive district grants: pre-
     service and in-service staff development; preparatory 
     activities for the first full year of funding.
       The Senate recedes.
       84. The Senate amendment, but not the House bill, makes 
     clear that a local educational agency serving children under 
     this part are not prohibited from serving other children with 
     similar needs in the same setting.
       The House recedes.

             Part B (Subpart 2)--Research and Dissemination

       85. The House bill titles the part, ``research and 
     dissemination''; the Senate titles it ``research and 
     evaluation''; The House bill titles the section ``use of 
     funds''; the Senate titles it ``authority. Both bills provide 
     for data collection, dissemination research and evaluation, 
     with the House bill requiring that the activity be done 
     through the Office of Bilingual Education and Minority 
     Languages Affairs.
       The House recedes on the title with an amendment to entitle 
     this part (or subpart) ``Research, Evaluation, and 
     Dissemination'' and with the amendment such that the 
     provision reads:

           ``Part B--Research, Evaluation, and Dissemination

     ``Section 7201. Authority
       ``(a) In General.--The Secretary is authorized to conduct 
     data collection, dissemination, and research, and shall 
     conduct ongoing data evaluation activities in accordance with 
     the provisions of this part for the purposes of improving 
     bilingual education and special alternative instructional 
     programs for children and youth of limited-English 
     proficiency.
       ``(b) Competitive Awards.--Research and evaluation 
     activities carried out under this part shall be supported 
     through competitive grants, contracts, and cooperative 
     agreements to institutions of higher education, non-profit 
     organizations, and State and local education agencies.
     ``Section 7122. Research Activities
       ``(a) Administration.--The Secretary shall conduct data 
     collection, dissemination, and ongoing program evaluation 
     activities authorized by this part through the Office of 
     Bilingual Education and Minority Language Affairs.''
     Research
       86. The House bill requires, the Senate amendment allows, 
     research to be supported through competitive grants, 
     contracts, and cooperative arrangements.
       The Senate recedes with an amendment to read:

                       ``Section 7202.--Research

       ``(a) Administration.--The Secretary shall conduct research 
     activities authorized by this part through the Office of 
     Educational Research and Improvement in coordination and 
     collaboration with the Office of Bilingual Education and 
     Minority Language Affairs.''
       87. The House bill describes ten areas in which the 
     Secretary is authorized to conduct research. The Senate 
     amendment requires, as appropriate, that the Secretary 
     conduct through OERI, research on techniques for teaching 
     multilingual classes and for teachers who do not know the 
     native language of students and for the dissemination of such 
     research.
       The House recedes with an amendment on the research 
     provision.
       88. The House bill, but not the Senate amendment, requires 
     that at least 5% of research funds be made available for 
     research initiated by recipients of grants under Part A or C 
     of this Title.
       The Senate recedes.
       89. The House bill requires that research activities be 
     coordinated with OERI.
       The House recedes.
       90. The House bill, but not the Senate amendment, provides 
     for collaborative research activities between OERI and 
     OBEMLA.
       The House recedes.
       91. The House and Senate have identical provisions with 
     respect to academic excellence awards, except that the House 
     bill extends the promotional activities to ``special 
     alternative instruction programs'' and ``professional 
     development programs''.
       The Senate recedes.
     State Grant Program
       92. Both bills establish similar state grant programs, 
     except the House bill, but not the Senate amendment, requires 
     that the plan comport with either the plan under Goals 2000 
     or under Title I of this Act.
       The House recedes with an amendment inserting ``, through 
     its own programs and other federal education programs,'' 
     after ``that such agency''.
       93. The House bill requires funds be used for certain 
     activities with the Senate amendment allows funds to be used 
     for these activities.
       The Senate recedes.
       94. Similar provisions to allow data collecting on LEP 
     youth by SEA, except the House bill also allows data 
     collection on services to LEP youth.
       The Senate recedes with an amendment striking ``language 
     minority and''.
       95. The Senate amendment, but not the House bill, allows 
     funds to used for operating an advisory council, as required 
     by subsection (d).
       The Senate recedes.
       96. The House bill, but not the Senate amendment, exempts 
     States from data collection if such a system does not exist 
     and requires the State to comply if it implements such a 
     system for all students.
       The Senate recedes.
       97. The House bill, but not the Senate amendment, allows 
     funds to be used for training State educational agency 
     personnel.
       The Senate recedes.
       98. The House bill requires that the State educational 
     agency consult with a variety of individuals about the use of 
     funds. The Senate amendment requires that the SEA appoint an 
     advisory panel.
       The Senate recedes.
       99. The House bill, but not the Senate amendment, requires 
     that federal funds not be used to supplant State funds.
       The Senate recedes.
       100. The House bill, but not the Senate amendment, requires 
     the SEA to make annual reports to the Secretary, pursuant to 
     regulations, on the uses of Title VII funds.
       The Senate recedes with an amendment deleting everything 
     after ``report to the Secretary'' and an amendment 
     ``describing their uses of such funds.''
     National Clearinghouse for Bilingual Education
       101. The House bill, but not the Senate amendment, requires 
     that the Clearinghouse be administered as an adjunct to ERIC.
       The Senate recedes.
       The Senate amendment, but not the House bill, includes 
     among the Clearinghouse functions, a requirement to maintain 
     in the comprehensive regional centers, listings by geographic 
     area of speakers of languages other than English who might be 
     used as resources for schools.
       The House recedes.
     Instructional Materials
       102. The House bill, but not the Senate amendment, 
     authorizes grants for instructional materials development in 
     Native American, Native Hawaiian and other languages.
       The Senate recedes with amendment adding ``and the 
     languages of the territories and freely associated nations''.
     Evaluation Assistance Centers
       103. The House bill, but not the Senate amendment, provides 
     for an extension of Evaluation Assistance Centers through 
     1996 and requires that the comprehensive assistance centers, 
     under Title II, provide services comparable to those offered 
     under EACs. The House bill authorizes the Centers to receive 
     gifts.
       The House recedes.
     Evaluations
       104. The Senate amendment and the House bill have identical 
     requirements that recipients of grants under subpart I 
     (bilingual grants) provide the Secretary biennial evaluations 
     of their programs, except the House bill, but not the Senate 
     amendment, refers to the Goals bill.
       The Senate recedes.

        Part C (Subpart 3)--Bilingual Education Teacher Training

       105. The House bill names the part, ``bilingual education 
     teacher training.'' The Senate amendment names the part 
     ``professional development.''
       The House recedes.
     Purpose
       106. The House bill describes the purpose of this part as 
     helping all educational personnel to more effectively serve 
     language minority and limited-English-proficient students. 
     The Senate amendment similarly describes its purpose as 
     helping all educational personnel by improving the quality of 
     instruction for such children. The Senate amendment also 
     includes as its purpose dissemination of effective practices 
     to other school personnel.
       The Senate recedes with an amendment replacing this 
     paragraph with: ``The purpose of this part is to assist in 
     preparing educators to improve the educational services to 
     limited-English-proficient children and youth by supporting 
     professional development programs and the dissemination of 
     information on appropriate instructional practices for such 
     children and youth.''
     Training for all Teachers Program
       107. The House bill authorizes ``training for all teachers 
     programs'', to help institutions of higher education, local 
     educational agencies and state educational agencies improve 
     their teacher preparation courses. It makes eligible those 
     entities specified above, along with non-profit organizations 
     in consortia with one of the above. Grants are for 5-years. 
     Permissible activities are described and a priority for 
     awards is established.
       The Senate recedes with an amendment striking language 
     minority; adding ``preservice and inservice professional 
     development'' before ``programs for teachers''; adding ``in 
     order to prepare such personnel to provide effective services 
     to limited-English-proficient students'' at the end of the 
     sentence; replacing ``the Secretary shall'' with ``the 
     Secretary is authorized to''; striking ``or organizations'' 
     in the authorization paragraph; and striking the ``Priority'' 
     paragraph.
     Bilingual Education Teachers and Personnel Grants
       108. The House bill authorizes ``bilingual education 
     teachers and personnel grants'' to provide degree programs 
     for all levels of educational personnel. Higher Education 
     Institutions in consortia with local or State educational 
     agencies are eligible for 5-year grants.
       The Senate recedes with the amendment on the bilingual 
     education teacher and personnel grants.
       109. The House bill authorizes a ``bilingual education 
     career ladder program'' for non-certified educational 
     personnel. Institutions of higher education, applying in 
     consortia with local or State educational agencies, are 
     eligible for the 5-year grants. Authorized activities are 
     described and special consideration is to be given to 
     applications emphasizing the completion of degrees or 
     certificates, the development of two languages, the 
     coordination with other named programs and the provision of 
     student aid to participants.
       The Senate recedes with an amendment to (b) striking 
     ``shall'' and adding ``is authorized to''.
     Professional Development Grants
       110. The Senate amendment authorizes ``professional 
     development grants'' to two types of entities: (1) to 
     institutions of higher education to help them improve teacher 
     preparation activities and to help them offer preservice and 
     in-service professional development; (2) to state and local 
     educational agencies for inservice programs for professional 
     development. The grants may be used for the development of 
     competence in a second language.
       The House recedes with an amendment striking the Senate 
     language for (a) and (b), adding to (c) ``for the use in 
     instructional programs'' and moving (c) to section 7310.
       111. The House bill, but not the Senate amendment, 
     specifies a minimum number of fellowships that must be 
     awarded in each year.
       The Senate recedes.
       112. The House bill, but not the Senate amendment, makes 
     clear that working as a bilingual education teacher qualifies 
     as a related activity.
       The Senate recedes.
       113. The House bill, but not the Senate amendment, allows 
     the Secretary to give added weight to applicants which help 
     participants find employment in bilingual education.
       The Senate recedes.
     Applications
       114. The House bill requires that the application be sent 
     to the Secretary and to the State educational agency or Board 
     for higher education. The Senate amendment makes eligible 
     institutions of higher education and local educational 
     agencies, and requires that the application be sent through 
     the State educational agency to the Secretary.
       The House recedes with the amendment on the application 
     provision.
       115. The Senate amendment, but not the House bill, requires 
     that the applicant describe its consultation and assessment 
     activities.
       The House recedes.
       116. The Senate amendment, but not the House bill, requires 
     that the applicants to provide a training practicum.
       The House recedes.
       117. The House bill provides for, but does not require, the 
     State agency to comment on how the application furthers State 
     reform efforts. The Senate amendment requires the State 
     agency to comment on how the proposal is consistent with the 
     State plan submitted under Title I.
       The House recedes with an amendment on the application.
       118. The House bill makes eligible institutions of higher 
     education, alone or in consortia. The Senate amendment makes 
     eligible institutions of higher education or local 
     educational agencies.
       The Senate recedes with an amendment to (b) striking 
     ``Eligible Entities'' and adding ``Special Consideration'' in 
     the heading; striking paragraph (1) and replacing it with 
     paragraph (2). Paragraph (3) is renumbered Paragraph (2).
       119. The House bill, but not the Senate amendment, requires 
     outreach activities to certain institutions.
       The Senate recedes.
       120. The House bill, but not the Senate amendment, requires 
     consideration of Hispanic serving institutions.
       The Senate recedes.
       121. The House bill, but not the Senate amendment, requires 
     that applicants show integration with the State plan, if one 
     exists.
       The House recedes.
       122. The House bill, but not the Senate amendment, requires 
     preference be given to applicants showing institutional 
     commitments in bilingual education and for programs which 
     ensure participants (other than fellowship programs) become 
     proficient in English and a second language.
       The House recedes.
     Program Requirements
       123. The House bill, but not the Senate amendment, states 
     funds under this Part shall be used to further state and 
     local certification requirements and wherever possible 
     awarding college credit.
       The Senate recedes.
     Program Evaluations
       124. The Senate amendment and the House bill (see note 
     #107) have identical requirements that recipients of grants 
     provide the Secretary biennial evaluations of their programs. 
     Technical difference regarding placement.
       The Senate recedes.

                    Part D (Part C)--Administration

       125. The House bill, but not the Senate amendment, 
     establishes an Office of Bilingual Education and Minority 
     Affairs within the Department of Education and describes 
     functions to be carried out by that office.
       The Senate recedes with placement to be determined by 
     legislative counsel.
       126. The House bill requires the Director to submit every 
     two years a report to Congress, the President, the Governors 
     and the clearinghouse which includes information on 
     activities carried out under this Title, a synthesis of data 
     reported by the State, the number of certified bilingual 
     education personnel, and recommendations for improvements.
       The Senate recedes with an amendment striking Congress, the 
     President, and the Governors and adding the House Education 
     and Labor Committee and the Senate Labor and Human Resources 
     Committee and the Secretary.
       The Senate amendment requires the Secretary to submit every 
     three years a report to the Congress with information on 
     grants made, the number of individuals benefiting from 
     programs, evaluation of activities and the number of 
     bilingual teachers needed, a syntheses of research.
       The Senate recedes.
       127. The House bill, but not the Senate amendment, requires 
     a report on the education of students who reside in border 
     states.
       The House recedes.
       128. The House bill, but not the Senate amendment, requires 
     the Secretary of Education to collaborate with other agencies 
     on how to better serve limited-English-proficient children.
       The Senate recedes with an amendment deleting last 
     sentence.
       129. The House bill, but not the Senate amendment, requires 
     data on limited-English-proficient children be a part of the 
     Department's record-keeping.
       The Senate recedes.
       130. The House bill, but not the Senate amendment, requires 
     sufficient staffing within OBEMLA.
       The Senate recedes.
       131. The House bill requires the Secretary to use qualified 
     persons who are not employees of the Federal government for 
     reviewing applications and that they serve for 3 years. The 
     Senate amendment allows the Secretary to use peer review 
     panels for making grants under Part A and limits the amount 
     of funds to be used for this activity.
       The House and Senate both recede and agree to place 
     language in the Statement of Managers on application readers.
       132. The Senate amendment, but not the House bill, requires 
     the Secretary to take into account State educational agency 
     recommendations for Part A grants.
       The House recedes with an amendment attached on the 
     following two pages.
       133. The House bill, but not the Senate amendment requires 
     that requests for proposals be published.
       The Senate recedes.
     Release Time
       134. The House bill, but not the Senate amendment, requires 
     Secretary to permit release time in all professional 
     development programs.
       The Senate recedes with an amendment replacing the sentence 
     with ``The Secretary shall allow professional development 
     programs funded under this part to use such funds for 
     professional release time to enable participation in programs 
     assisted under this part.
     Educational Technology
       135. The House bill, but not the Senate amendment, allows 
     funds to be used for the purchase of educational technology.
       The Senate recedes.
     Notification
       136. The House bill, but not the Senate amendment, requires 
     notification of grants.
       The Senate recedes with an amendment to strike the 
     reference to the technical assistance centers.
     Continued Eligibility
       137. The House bill, but not the Senate amendment, allows 
     grant recipients to be eligible for additional grants.
       The Senate recedes.
     Limitation of Authority
       138. The House bill, but not the Senate amendment, prevents 
     the Secretary from imposing restrictions on availability of 
     funds.
       The House recedes.
       139. The House bill, but not the Senate amendment, requires 
     that recipients of grants awarded prior to enactment of this 
     bill, be subject to the original conditions set forth.
       The Senate recedes with an amendment placing a period after 
     the second award and deleting the rest of the sentence.
     Foreign Language Assistance Program
       140. The Senate amendment, but not the House bill, 
     authorizes $35m for grants to State education agencies and 
     local educational agencies to develop model programs for 
     foreign language of which $20 million is for elementary and 
     secondary education.
       The House recedes.
     Special Rule
       141. The Senate amendment, but not the House bill, 
     prohibits grants made under title VII, prior to enactment of 
     this Act, from being renewed for a fourth or fifth year.
       The Senate recedes.
     Emergency Immigrant Education Program
       . The House bill places this program in title VII; the 
     Senate amendment places it in title IX.
       The Senate recedes.
       The Senate amendment, but not the House bill, establishes 
     ``findings.''
       The House recedes with an amendment adding ``and'' after 
     (3) and changing (5) to (4).
     Purpose
       142. Identical provision, except the Senate amendment adds 
     ``definition'' to the section heading.
       The Senate recedes.
     State Allocations
       143. Identical provisions, except the Senate amendment 
     includes the words, ``in general'', and includes subsection 
     (e), ``reservation of funds'', in the amount excluded from 
     state allocations.
       The Senate recedes on (e). The title is left to legislative 
     counsel.
       144. The Senate amendment, but not the House bill, 
     describes the manner in which the Secretary will award grants 
     from the amount reserved in excess of a $50m appropriation.
       The Senate recedes.
     State Applications
       145. Identical provisions, except the House bill, but not 
     the Senate amendment, requires that the SEA plan describe how 
     it is consistent with any plan developed under the Goals 2000 
     or Title I.
       The House recedes with an amendment striking ``and how 
     program designs are consistent with other education 
     improvement plans'' and adding ``and will coordinate with 
     other programs under this Act, Goals 2000: Educate America 
     Act, and other acts as appropriate.''
       146. Identical provisions, except the House bill, but not 
     the Senate amendment, specifies that payments ``with the 
     exception of payments reserved under section 7604(e)'' will 
     be distributed among the LEAs.
       The Senate recedes.
       147. The House bill, but not the Senate amendment, requires 
     that any amount reserved by the SEA be awarded on the basis 
     of merit.
       The Senate recedes with an amendment adding ``on a 
     competitive basis'' before ``based on merit and need.''
     Administrative Provisions
       148. The House bill stipulates the Secretary shall make 
     payments to SEAs by no later than June 1st of each year; the 
     Senate amendment stipulates SEAs shall by June 1st be 
     informed of whether their application has been approved and 
     if so, for how much.
       The House recedes.
     Uses of Funds
       149. The Senate amendment, but not the House bill, includes 
     under ``uses of funds'', basic instructional services.
       The House recedes.
       150. The Senate amendment, but not the House bill, states 
     that nothing in this part shall restrict the children served, 
     from being served in the same setting with other students 
     with similar needs who are not immigrants.
       The House recedes.
       151. The Senate amendment, but not the House bill, states 
     that ``the State educational agency determines what 
     information must be included in the biennial report.''
       The Senate recedes.
       152. Identical provisions, but the House bill requires 
     reports concerning programs under this ``part'', and the 
     Senate amendment relates the requirement to Section 10701 
     (Part G) which provides the Secretary the authority to 
     conduct evaluations of all programs.
       The House recedes.
     Authorization of Appropriations
       153. The House bill authorizes an appropriation of $75m in 
     FY 1995, with such sums in the following four years; the 
     Senate amendment authorizes $150m in FY 1995, with such sums 
     in the following four years.
       The House recedes with an amendment to make the amount $100 
     million.
       170. The Senate amendment, but not the House bill, requires 
     that no federal, state or local government entity receiving 
     federal funds, shall be prohibited from communicating with 
     the INS about the immigration status of any alien.
       The Senate recedes.


                         Title VIII--Impact AID

     Title Heading
       1. The House places Impact Aid in title VIII of ESEA. The 
     Senate amendment authorizes the program in part A of title IX 
     of ESEA.
       The Senate recedes.
     Findings
       2. The House bill, but not the Senate amendment, contains 
     findings.
       The House recedes.
     Purpose
       3. The Senate amendment, but not the House bill, contains 
     the phrase ``because certain activities of the Federal 
     Government place a financial burden on the local educational 
     agencies serving areas where such activities are carried 
     out''.
       The House recedes.
       4. In paragraph (4), the Senate amendment, but not the 
     House bill, refers to ``or decreases''.
       The House recedes.
       5. The House bill reads ``Indian lands or who are defined 
     in sections 2 and 3 of the Act of September 23, 1950 (Public 
     Law 815, 81st Congress; 20 U.S.C. 631 et seq)''. The Senate 
     amendment reads ``Federal lands''.
       The House recedes.
     Payments Relating to Federal Acquisition of Real Property
       6. In paragraph (1)(C), the Senate amendment, but not the 
     House bill provides that the assessed value aggregating 10 
     percent or more of the value of all property in the LEA may 
     be determined for the year preceding or the year succeeding 
     acquisition of the property by the Federal Government.
       The House recedes.
       7. The House bill provides that, if the Secretary 
     determines that an LEA is eligible for a payment, then that 
     agency shall be ``paid the amount described in subsection 
     (b).''. The Senate amendment provides that the LEA 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 burden with respect 
     to current expenditures placed on such agency by such 
     acquisition of property.''.
       Senate recedes with amendment changing ``paid'' to 
     ``eligible to receive''.
       8. The House bill requires the Secretary to reduce an LEA's 
     payment by the amount which the LEA received ``from 
     activities conducted on such property during the previous 
     fiscal year.''. The Senate amendment provides that the amount 
     of the reduction shall be the amount received ``during the 
     previous fiscal year from activities conducted on such 
     property.''.
       House recedes.
       9. The Senate amendment, but not the House bill, provides 
     that, for the purposes of clause (i), the amount of revenue 
     from activities on the Federal property, by which the 
     Secretary reduces an LEA's payment under subsection (a), 
     shall not include payments from the Secretary of Defense to 
     support the operation of domestic dependent elementary or 
     secondary schools, or the provision of a free public 
     education to dependents of members of the Armed Forces 
     residing on or near a military installation.
       House recedes.
       10. The House bill reads ``In calculating the amount that a 
     local educational agency shall be paid for a fiscal year,''. 
     The Senate amendment reads ``In making a determination of the 
     amount that would have been derived in such year under 
     paragraph (1)(A),''.
       The Senate recedes with amendment changing ``paid'' to 
     ``eligible to receive''.
       11. In paragraph (1), the House bill provides that ``The 
     school district contains between 50,000 and 55,000 acres of 
     land''. The Senate amendment provides that ``The school 
     district contains between 20,000 and 60,000 acres of land''.
       The House recedes.
       12. In paragraph (2), the House bill reads ``a county 
     chartered by State law in 1875''. The Senate amendment reads 
     ``a country certified by state law in 1875 and 1890''.
       The Senate recedes.
       13. The Senate amendment, but not the House bill, in 
     subsection (f) includes a special rule making the Wheatland 
     R-II School District eligible for a section 2 payment under 
     current law and a section 9003 payment under the bill (i.e., 
     9002 under the Senate amendment or 9003 under the House 
     bill).
       The House recedes.
     Payments for Eligible Federally Connected Children
       14. In subparagraph (A), the Senate amendment, but not the 
     House bill, includes students who resided on Federal property 
     with a parent who is an accredited foreign official and 
     military officer among the types of students that may be 
     counted by LEAs for the purpose of determining the amount of 
     payments.
       The House recedes.
       15. In subparagraph (D), the Senate amendment, but not the 
     House bill, includes students who resided off Federal 
     property with a parent who is an accredited foreign official 
     and military officer among the types of students that may be 
     counted by LEAs for the purpose of determining the amount of 
     payments.
       The House recedes.
       16. In subparagraph (F), the Senate amendment, but not the 
     House bill, includes students who resided on Federal property 
     and are not described in subparagraph (A) or (B).
       The House recedes with an amendment providing that (i) an 
     LEA can receive a payment if these federally connected 
     children (described in subparagraphs (F) and (G) equal or 
     exceed 2,000 in number and that number of federally connected 
     children comprises not less than 15% of the average daily 
     attendance of the LEA.
       17. In subparagraph (G), the Senate amendment, but not the 
     House bill, includes students who, resided with parents 
     employed on Federal property situated--(i) in whole or in 
     part in the county in which the school district is located, 
     or in whole or in part of the school district if the district 
     is located in more than one county; or (ii) if not in such 
     county or district, in whole or in part of the same State as 
     the school district. (Note: ``school district'' and 
     ``district'' should be ``local educational agency'' and 
     ``agency''.)
       The House recedes (see note above regarding subparagraph 
     (F)).
       18. The House bill, but not the Senate amendment, provides 
     (in subparagraph (C)) that the Secretary calculate an LEA's 
     basic support payment by multiplying the number of children 
     described in subparagraphs (A) and (B) of paragraph (1) by a 
     factor of .35 if the number of such children exceeds 6,500 
     and the average daily attendance of the LEA exceeds 100,000.
       The Senate recedes.
       19. The House bill provides that the Secretary multiply the 
     number of children described in subparagraphs (D) and (E) of 
     paragraph (1) by a factor of .20. The Senate amendment has a 
     factor of .10.
       The House recedes.
       20. the Senate amendment, but not the House bill, provides 
     that the Secretary multiply the number of children described 
     in subparagraphs (F) and (G) of paragraph (1) by a factor of 
     .05.
       The House recedes.
       21. The House bill uses the term ``entitled''. The Senate 
     amendment uses the term ``eligible''.
       The House recedes.
       22. In subclause (II), the Senate amendment, but not the 
     House bill refers to total current expenditures ``in the 
     second preceding fiscal year for which the determination is 
     made''.
       The House recedes.
       23. the Senate amendment, but not the House bill, directs 
     the Secretary to compute the Learning Opportunity Threshold 
     for the LEA serving students residing on Hascom Air Force 
     Base (MA) by considering only the grade 9-12 portion of the 
     LEA's total enrollment.
       The House recedes.
       24. The bill contain similar provisions relating to prior 
     year data. The House bill reads ``from the fiscal year 
     preceding''. The Senate amendment reads ``from not later than 
     the first fiscal year preceding''.
       The House recedes with an amendment providing that a new 
     local educational agency, in its first year of operation, 
     will use current year data and, in succeeding years, will use 
     prior year data.
       25. With regard to computing the amount of payments to LEAs 
     for children with disabilities, the Senate amendment, but not 
     the House bill, in subsection (d)(1)(A) provides that the 
     computation include the children described in subparagraph 
     (A)(ii) of subsection (a)(1).
       The House recedes.
       26. The House bill provides that the hold-harmless 
     provisions of subsection (e) apply to the total amount that 
     an LEA receives under subsections (b) and (f). The Senate 
     amendment applies the hold-harmless to the amount received by 
     a LEA under subsection (b) only.
       The House recedes.
       27. The House bill provides for the following hold-harmless 
     percentages which are all tied to LEAs' section 3(a) payment 
     in FY 1994: 80% in FY 1995; 60% in FY 1996; 40% in FY 1997. 
     The Senate amendment provides for a 5 year rolling hold-
     harmless, for FY 1995, at 95% of the LEA's 1994 payments 
     under all parts of section 3 of P.L. 81-874 and, for FYs 
     1996-1999, 95% of the LEA's prior year Basic Support Payment.
       The House recedes with an amendment changing the hold 
     harmless from 95 to 85 percent and providing that in fiscal 
     year 1995 that the hold harmless applies only to ``a'' and 
     ``b'' payments under section 3 of P.L. 81-874.
       28. The Senate amendment, but not the House bill provides 
     that the hold-harmless provisions in paragraph (1) shall 
     apply to any one LEA for a maximum of two consecutive fiscal 
     years, except that in the second such year, the LEA may not 
     receive less than 85% of the amount that it received in the 
     preceding fiscal year.
       The House recedes with an amendment adding one year hold 
     harmless provisions for (i) LEAs which, under current law, 
     received a section 3(e) payment in fiscal year 1994 and (ii) 
     LEAs that received section 3 funding in fiscal year 1994 but 
     will not be eligible for a payment under section 8003 because 
     they cannot meet the 2,000/15 percent threshold for payment 
     on behalf of children of nonmilitary parents who either live 
     or work on Federal property (but not both).
       29. The House bill provides that the ``Secretary shall 
     reduce payments to other LEAs determined under subsection 
     (b).'' the Senate amendment provides that the ``If necessary 
     . . . the Secretary first shall ratably reduce payments under 
     subsection (b) to LEAs that do not receive a payment under 
     this subsection.''
       The House recedes.
       30. The Senate amendment, but not the House bill, provides 
     that if additional funds become available for making payments 
     under paragraph (1), payments that were reduced under clause 
     (i) shall be increased on the same basis that they were 
     reduced.
       The House recedes.
       31. In subparagraph (B), the Senate amendment, but not the 
     House bill, provides: in clause (i) for further ratable 
     reductions if the sums available for payments are 
     insufficient after the application of subparagraph (A); and 
     in clause (ii) that payments that were reduced under clause 
     (i) shall be increased in the same manner should additional 
     funds become available.
       The House recedes.
       32. Paragraph (2)(A)(i) of the House bill refers to ``40 
     percent''. Paragraph (2)(A)(i)(I) of the Senate amendment 
     refers to ``50 percent''.
       The Senate recedes with an amendment providing that the 
     eligibility threshold shall be 40 percent if an LEA receives 
     no funding on behalf of children described in section 
     8003(a)(1) (F) and (G), or 50 percent if an LEA receives 
     funding on behalf of those federally connected children.
       33. Subparagraph (C) of the House bill includes the phrase 
     ``or included Federal property under exclusive Federal 
     jurisdiction.'' Subparagraph (A)(iii) of the Senate amendment 
     does not.
       The House recedes.
       34. Subparagraph (B) of the Senate amendment, but not the 
     House bill, contains provisions relating to LEAs which are 
     found by the Secretary not to be comparable due to unusual 
     geographical factors.
       The House recedes.
       35. Subparagraph (C) of the Senate amendment, but not the 
     House bill, provides that a coterminous LEA shall be deemed 
     to have met the tax effort requirements of eligibility under 
     clause (i)(II) or (ii)(II) of subparagraph (A).
       The House recedes.
       36. Subclause (I) of the House bill requires the Secretary 
     to use the average per pupil expenditure (APPE) of the State 
     in which the LEA is located or of all the States. The Senate 
     amendment requires the Secretary to use just the APPE of the 
     State in which the LEA is located.
       The Senate recedes.
       37. In clause (ii), the House bill reads ``the average 
     amount of State aid per pupil received by the local 
     educational agency''. The Senate amendment reads ``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''.
       The Senate recedes. The managers urge the Secretary, when 
     determining a local educational agency's payment calculation 
     under subsection (f), to adjust the LEA's general fund 
     revenue to account for such agency's capital outlay 
     expenditures when there is no provision to provide for a 
     dedicated revenue source for capital outlay and the agency's 
     capital outlay expenditures are funded from general fund 
     sources.
       38. In clause (iii), the House bill reads ``the sum of the 
     total weighted units of the local educational agency, as 
     computed under subsection (a)(2)''. The Senate amendment 
     reads ``the total number of students in average daily 
     attendance of the local educational agency''.
       The House recedes with an amendment adding ``as determined 
     by the Secretary under subsection (a)(1) of section 8003''.
       39. In clause (iv), the House bill refers to ``94 
     percent''. The Senate amendment refers to ``95 percent''.
       The House recedes.
       40. The Senate amendment, but not the House bill, provides: 
     in clause (i) that the product of the clause (i) computation 
     is multiplied times the number of students served by the LEA 
     and described in subparagraph (A) or (B) of subsection 
     (a)(1); and in clause (ii) that the payment that an LEA 
     described in clauses (ii) and (III) of paragraph (2)(A) 
     receives in a fiscal year is the amount described in clause 
     (i) minus the amounts of its basic payment and its payment 
     for children with disabilities.
       The Senate recedes.
       41. In paragraph (4)(A), the House bill reads ``data from 
     the fiscal year in which''. The Senate amendment reads 
     ``student and revenue data from the fiscal year for which''.
       The House recedes.
       42. In subparagraph (B), the House bill (in so many words) 
     provides that the Secretary shall use the most recent data 
     available which is adjusted to the current fiscal year. The 
     Senate amendment contains a similar but more specific 
     provision describing how such data is adjusted.
       The Senate recedes.
       43. Paragraph (5) of the Senate amendment, but not the 
     House bill, provides that FY 1994 section 3(d)(2)(B) payments 
     shall be made on the basis of 1994 (i.e., current year) data.
       House recedes with an amendment moving this provision to 
     Title V (Miscellaneous Provisions) of the bill.
       44. The Senate amendment, but not the House bill in 
     subsection (g) provides for additional payments for LEAs with 
     high concentrations of children with high concentrations of 
     children with disabilities.
       The House recedes.
       45. The Senate amendment, but not the House bill, in 
     subsection (h) provides that an LEA that receives funds under 
     this section may also receive funds under section 6 of 
     current law or its successor authority.
       The House recedes.
       46. The Senate amendment, but not the House bill, in 
     subsection (i) sets out a local maintenance of effort 
     requirement of 90 percent.
       The House recedes.
     Policies and Procedures Relating to Children Residing on 
         Indian Lands
       47. The Senate amendment, but not the House bill, in 
     subsection (e) provides for a process under which an Indian 
     tribe may file a complaint with the Secretary regarding any 
     action of an LEA related to the requirements of this section.
       The House recedes.
     Application for Payments under Sections 8003 and 8004
       48. The Senate amendment, but not the House bill, in 
     paragraph (4), provides that an SEA that had been accepted as 
     an applicant for funds under section 3 of current law in 
     fiscal year 1994 shall be permitted to continue as an 
     applicant under the same conditions only if the SEA 
     distributes all funds to the LEAs providing educational 
     services.
       House recedes.
     Payments for Sudden and Substantial Increases in Attendance 
         of Military Dependents
       49. In paragraph (2), the House bill reads ``between July 1 
     and September 30, inclusive, of the current school year''. 
     The Senate amendment reads ``between May 15 and September 30, 
     inclusive, of the fiscal year for which the determination is 
     made''.
       The House recedes.
       50. In subsection (d), the House bill directs the Secretary 
     to pay each LEA with an approved application the same amount 
     per child (not to exceed $200) multiplied by the number of 
     children determined for each such LEA. The Senate amendment 
     directs the Secretary to pay each LEA with an approved 
     application an amount equal to one-half the national average 
     per-pupil expenditure multiplied by the number of children 
     determined for each such LEA.
       The House recedes.
       51. The Senate amendment provides--(1) for prorated 
     payments if the appropriation is insufficient to support full 
     payments; and (2) that if additional funds become available, 
     payments shall be increased in the same manner that they were 
     prorated.
       The House recedes.
       52. I subsection (e)(1), the House bill requires the 
     Secretary to ``endeavor'' to establish a notification 
     process, whereas the Senate amendment requires the Secretary 
     to simply establish a notification process (i.e., no 
     ``endeavor'').
       The House recedes.
     Construction
       53. The Senate amendment, but not the House, bill 
     authorizes the Secretary to make grants for school 
     construction to LEAs that receive a basic support payment 
     under section 9003 and either (1) have a number of children 
     residing on Indian lands that constituents at least 50% of 
     the LEAs student enrollment, (2) are heavily impacted LEAs, 
     or (3) experience a sudden and substantial increase in 
     military dependent children. The Senate amendment also 
     provides for the amount of payments and use of funds.
       The House recedes with an amendment adding an additional 
     category of LEAs eligible for construction assistance.
       54. The Senate amendment, but not the House bill, includes 
     a special rule for the Winona R-III School District in 
     Missouri which waives the P.L. 81-815 effort requirement.
       The House recedes with an amendment moving this provision 
     to Title V (Miscellaneous) of the bill.
     State Consideration of Payments in Providing State Aid
       55. The House bill prohibits States from considering Impact 
     Aid payments in determining the eligibility of LEAs for State 
     aid or in determining the amount of such aid (except for 
     those States with approved equalization plans). The Senate 
     amendment provides that no payments may be made under this 
     title (should be ``part'') to any LEA in any State that takes 
     Impact Aid into consideration in determining the eligibility 
     of LEAs for State aid or in determining the amount of such 
     aid to any LEA during that fiscal year or the preceding 
     fiscal year.
       The Senate recedes with an amendment substituting its 
     provision, regarding State consideration of Impact Aid 
     payments in providing State aid, for the House provision 
     regarding reductions of State aid.
       56. In subsection (b)(1), the House bill permits a State to 
     reduce State aid to an LEA that receives a payment under 
     section 8003 and 8004(b) (except the amount calculated in 
     excess of the 1.0 student weighting) if the State has in 
     effect a program of State aid that equalizes expenditures 
     among LEAs in the State. Paragraph (2) of the House bill 
     provides that, in considering whether a State aid program is 
     equalized, the Secretary shall disregard LEAs with per-pupil 
     expenditures or revenues above the 95th percentile and below 
     the 5th percentile. A program of State aid equalizes 
     expenditures among LEAs if, in the second preceding fiscal 
     year, the amount of disparity between the per-pupil 
     expenditures or revenues of the remaining LEAs does not 
     exceed 10 percent. Computations to determine the amount of 
     disparity in a State aid program shall utilize any weighting 
     mechanism that a State uses to take into account special cost 
     differentials in allocating State aid. The Senate amendment 
     takes a different approach by providing that a State, which 
     has in effect a program of State aid designed to equalize 
     expenditures among its LEAs, may take into account payments 
     under this title, except for amounts calculated in excess of 
     the 1.0 student weighting on behalf of children with 
     disabilities, children on Indian lands, and heavily impacted 
     LEAs. Additionally, the Senate amendment provides that 
     ``State aid'' and ``equalize expenditures'' will be defined 
     by the Secretary except that they shall not be construed in 
     any manner adverse to a State aid program which takes into 
     account the additional cost of providing education for 
     particular groups or additional cost of providing education 
     for particular groups or categories of pupils in meeting the 
     special educational needs of such children.
       The Senate recedes with a amendment--(i) clarifying that 
     computations of per-pupil revenue or current expenditures may 
     be based upon units of need as defined by the State; and (ii) 
     providing that, for fiscal years 1995, 1996, and 1997, the 
     disparity standard is 25 percent and, or fiscal years 1998 
     and 1999, the disparity standard is 20 percent.
       57. Both the House bill and the Senate amendment have 
     provisions relating to review of State aid programs. The 
     House provisions are in subsection (c); the Senate provisions 
     are in subsection (b)(4). The House bill requires 120-day 
     written notice to the Secretary which includes the 
     information the Secretary requires, including evidence that 
     the State has notified each LEA of its intention to consider 
     Impact aid payments in providing State aid. The Senate 
     amendment has similar requirements except that the State must 
     provide a 60-day notice to the Secretary (does not specify 
     written notice).
       The Senate recedes.
       58. The House bill proves that: (i) before making a 
     determination, the Secretary shall afford the State and local 
     educational agencies in the State an opportunity to present 
     their views; (ii) if the Secretary determines that a State 
     aid program qualifies, shall certify program, notify the 
     State, and afford an opportunity for a hearing to any 
     adversely affected LEA; and (iii) if the Secretary determines 
     that a State aid program does not qualify, the Secretary will 
     notify the State and afford a hearing to the State and any 
     adversely affected LEA. The Senate amendment provides: (i) in 
     paragraph (4)(B) that prior to certifying any determination, 
     the Secretary shall give the LEAs in the State an opportunity 
     for a hearing at which such agencies may present their views; 
     and (ii) in paragraph (4)(C) that the Secretary shall not 
     finally deny certification to a State without first giving 
     that State an opportunity for a hearing.
       The Senate recedes.
       59. The Senate amendment, but not the House bill, in 
     subsection (b)(5) requires retroactive approval of a State 
     aid program during the period 1989-92 if the State's program 
     was approved in 1988 and in at least 1 year during the period 
     1989-92. This paragraph also provides that, beginning with FY 
     1993, such State shall not take payments under this title 
     into consideration unless the Secretary has previously 
     certified such State's program.
       The Senate recedes.
       60. The Senate amendment, but not the House bill, in 
     subsection (b)(6), grandfathers in States with State aid 
     programs approved by the Secretary on July 1, 1994 and which 
     continue to meet the requirements of section 5(d)(2) of the 
     current law.
       The Senate recedes.
       61. The House bill, in subsection (d), provides how, and in 
     what amount, the State may take Impact Aid payments into 
     consideration in reducing State aid. Additionally, the House 
     bill provides that a State may not reduce State aid before 
     its program of State aid has been certified by the Secretary. 
     The Senate amendment, in subsection (b)(2) provides for 
     similar exclusion of certain types and portions of Impact Aid 
     payments.
       The Senate recedes.
       62. The House bill, but not the Senate amendment, in 
     subsection (e), provides: (i) that an LEA, without exhausting 
     administrative remedies, may bring an action in Federal 
     district court for State violations; (ii) that a State shall 
     not be immune under the 11th amendment from an action brought 
     by an LEA; and (iii) that the court shall grant such relief 
     as it deems appropriate, which may include attorney's fees to 
     a prevailing LEA.
       The Senate recedes with an amendment--(i) providing that 
     neither the Secretary nor an aggrieved LEA may bring an 
     action before 150 days following an adverse determination 
     against a State for a violation of subsections (a) or (d)(2), 
     or for failure to carry out an assurance under subsection 
     (b)(3)(B); and (ii) striking attorney's fees.
     Federal Administration
       63. The Senate amendment, but not the House bill, provides: 
     (i) in paragraph (1), that, for any fiscal year prior to FY 
     1995, Secretary shall treat as eligible under section 3 of 
     current law any child that meets the requirements of 
     paragraph (3) and shall forgive the obligation of any LEA to 
     repay any amounts that LEA received on behalf of any such 
     child who does not meet the requirements of section 3 (but 
     does satisfy paragraph (3) of this subsection); (ii) in 
     paragraph (2)(A), that the Secretary shall treat as eligible 
     under subparagraph (A) of section 9003(a)(1) any child would 
     be eligible except that the Federal property on which the 
     child resides is not in the same State and who satisfies 
     paragraph (3) of this subsection; (iii) in paragraph (2)(B), 
     that the Secretary shall treat as eligible under paragraph 
     (G) of section 9003(a)(1) any child would be eligible under 
     such provision except that such child does not meet the 
     requirements of clause (ii) of such subparagraph if such 
     child satisfies paragraph (3) of this subsection; and (iv) in 
     paragraph (3), that a child meets the requirements of this 
     paragraph on the day preceding the date of enactment [of the 
     Improving America's Schools Act of 1994?] if such child 
     resides in an adjacent State or with a parent employed on 
     Federal property in an adjacent State, the schools of the LEA 
     the child attends are within a more reasonable commuting 
     distance of the child's home that the schools of the LEA 
     where the child resides, attending the schools of the LEA 
     where the child resides will cause the child substantial 
     hardship, and the adjacent State where the child attends 
     school provides funds for the education of such child on the 
     same basis as all other public school children in the State.
       The House recedes with an amendment providing that, in 
     order to qualify under this provision, an LEA must have 
     received a payment for fiscal year 1994 on behalf of such 
     children.
     Forgiveness of Overpayments
       64. The Senate amendment, but not the House bill, 
     authorizes the Secretary to forgive the obligation of an LEA 
     to repay the amount of any overpayment under this title 
     [part?] or under current law if the Secretary determines that 
     the overpayment was the result of an error by (1) the 
     Secretary, or (2) the LEA and repayment of the full amount 
     will result in an undue hardship and serious harm to the 
     LEA's educational program.
       The House recedes.
     Definitions
       65. The Senate amendment, but not the House bill, includes 
     a definition of ``current expenditures''.
       The House recedes.
       66. At the end of subparagraph (B), the House bill, but not 
     the Senate amendment, includes the phrase ``under contract 
     with the Air Force at an airport owned by a State or 
     political subdivision of a State''.
       The Senate recedes.
     Authorization of Appropriations
       67. The House bill authorizes appropriations for Basic 
     Payments in subsection (b) ($775.5 million in FY 1995) and 
     for Payments for Heavily Impacted LEAs in subsection (d) ($42 
     million in FY 1995). The Senate amendment authorizes 
     appropriation for both of these payments in subsection (b)--
     $775 million for FY 1995 of which 6 percent is set aside for 
     Payments for Heavily Impacted LEAs.
       The House recedes.
       68. The Senate amendment, but not the House bill, 
     authorizes $25 million for FY 1995 and such sums for each of 
     the succeeding 4 fiscal years to carry out section 9007 
     (construction).
       The House recedes.


                  Title iii--amendments to other acts

     Amendments to Public Law 815
       69. The House bill extends and amends the Impact Aid 
     construction program (P.L. 81-815) for an additional five 
     fiscal years. The Senate amendment repeals P.L. 81-815.
       The House recedes.


   Title IX--Indian Education, Native Hawaiian Education, and Alaska 
                            Native Education

                        Part A--Indian Education

       1. Drafting Differences.--The House bill is drafted in 
     prose; the Senate amendment is drafted as a series of cut and 
     bites. Where there is a difference but it is not substantive, 
     I have indicated with Technical Difference/Drafting. Also, 
     the Senate uses headings throughout--this should be resolved 
     consistently.
       The Senate recedes to the House bill as the basic document, 
     with an amendment retaining headings throughout.
     Findings
       2. The House bill uses the term ``and others''; the Senate 
     amendment uses the term ``other entities and individuals''. 
     Also, the House bill uses the term ``those standards''; the 
     Senate bill uses the term ``such standards''.
       Legislative Counsel.
       3. The House bill uses the term ``since enactment of the 
     original Indian Education Act in 1972''; the Senate amendment 
     uses the term ``since the date of enactment of 
     the initial Indian Education Act in 1972''. Also, 
     the House bill uses the term ``. . . Indian parents have 
     become significantly more involved in . . .''; the Senate 
     amendment uses the term ``the level of involvement of Indian 
     parents . . . has increased signifi- cantly . . 
     .''
       Legislative Counsel.
       4. The House bill uses the term ``numbers . . . have''; the 
     Senate amendment uses the term ``number . . . has''. Also, 
     the House uses the term ``Indian persons''; the Senate uses 
     the term ``Indian individuals''.
       Legislative Counsel.
       5. The House bill uses the term ``sufficient numbers''; the 
     Senate amendment uses the term ``a sufficient number''.
       Legislative Counsel.
       6. The House bill uses a semi-colon; the Senate amendment 
     uses a comma.
       Legislative Counsel.
       7. The House bill uses the phrase ``from 1980 to 1990, the 
     percentage of Indian persons living in poverty increased from 
     . . .''; the Senate amendment uses the phrase ``during the 
     period from 1980 to 1990, the percentage of Indian 
     individuals living at or below the poverty level increased 
     from . . .''.
       Legislative Counsel.
       8. The Senate amendment, but not the House bill, uses the 
     term ``their''.
       Legislative Counsel.
       9. The House bill uses the term ``of it''; the Senate uses 
     the term ``of the research''. Other Minor technical 
     differences.
       Legislative Counsel.
     Purpose
       10. The House bill uses the term ``so that they''; the 
     Senate amendment uses the term ``so that such students''.
       Legislative Counsel.

          Part A--Formula Grants to Local Educational Agencies

     Purpose
       11. The House bill uses the term ``State content and 
     student performance standards''; the Senate amendment uses 
     the term State content standards and State student 
     performance standards''.
       The House recedes.
     Grants to Local Educational Agencies
       12. The House bill uses the term ``is eligible''; the 
     Senate uses the term ``shall be eligible''. Also, the Senate 
     amendment, but not the House bill, adds the requirement that 
     the children be ``eligible under section 6106''.
       The House recedes.
       13. The House bill requires at least 20 students; the 
     Senate amendment requires at least 10 students.
       The House recedes with an amendment that this requirement 
     not apply in Alaska, California, or Oklahoma or for local 
     educational agencies located on, or in proximity to, a 
     reservation.
       14. The House bill uses the term ``of the agency's total 
     enrollment''; the Senate amendment uses the term ``of the 
     total number of individuals enrolled in the schools of such 
     agency''.
       The Legislative Counsel.
       15. The Senate amendment, but not the House bill, provides 
     a tribal by-pass mechanism where school districts do not 
     apply for the funds.
       The House recedes with an amendment which (1) changes the 
     term ``does not apply'' to ``does not establish a parent 
     committee as required by this Act; and (2) deletes ``has'' in 
     the term ``has children'' and substitutes in lieu thereof the 
     term ``represents at least \1/2\ the eligible''.
     Amount of Grants
       16. The Senate amendment, but not the House bill, adds the 
     phrase, ``Except as provided in subsection (b) and paragraph 
     (2),'' Also, the House bill uses the term ``The Secretary is 
     authorized to allocate . . .''; the Senate amendment uses the 
     term ``The Secretary shall allocate''.
       The House recedes.
       17. The House bill uses the term ``which has an approved 
     application under this part''; the Senate amendment uses the 
     term ``with respect to which the Secretary has approved an 
     application under this part''.
       Legislative Counsel.
       18. The House bill uses the term ``described in section 
     6106''; the Senate amendment uses the term ``who are eligible 
     under section 6106 and served by such agency''.
       Legislative Counsel.
       19. The House bill stipulates that no grant shall be made 
     if the amount for which a l.e.a. is eligible is less than 
     $4,000, unless to a consortium of eligible local educational 
     agencies whose aggregate payment exceeds $4,000 and where the 
     Secretary determines the grant would carry out the purpose of 
     this part; the Senate amendment sets a minimum grant level of 
     $4,000 for all eligible local educational agencies or Indian 
     tribes (includes schools funded by the Bureau of Indian 
     Affairs) (see Note 15).
       The House recedes with an amendment which sets the floor at 
     #3000, provided that the Secretary is authorized to increase 
     the floor to $4,000 if he/she determines it is necessary to 
     run quality programs, and with an amendment maintaining the 
     right to form consortia.
       20. Technical Difference/Drafting--states method of 
     arriving at product differently.
       Legislative Counsel.
       21. The House uses the term ``were in''; the Senate 
     amendment uses the term ``were included in''.
       Legislative Counsel.
       22. The House bill uses the term ``grants determined''; the 
     Senate amendment uses the term ``grants awarded''. Also, the 
     Senate amendment, but not the House bill, includes the caveat 
     ``and subject to paragraph (2)''.
       Legislative Counsel.
       23. The House bill uses the term ``that tribe''; the Senate 
     amendment uses the term ``such tribe.'' Also, the House bill 
     uses the citation ``25 U.S.C. 2501 et seq.''; the Senate 
     amendment uses the term ``part B of title V of the Augustus F 
     Hawkins-Robert T. Stafford Elementary and Secondary School 
     Improvement Amendments of 1988''.
       Legislative Counsel.
       24. The House uses the term ``reduced as may be 
     necessary''; the Senate amendment uses the term ``subject to 
     any reduction as may be necessary''.
       Legislative Counsel.
       25. The House bill cites ``section 9205 of this Act''; the 
     Senate amendment cites section 10205.''.
       Legislative Counsel.
     Applications
       26. The House uses the title ``GENERAL''; the Senate uses 
     the title ``APPLICATION REQUIRED''. Also, the House bill uses 
     the term ``Any''; the Senate amendment uses the term 
     ``Each''.
       The House recedes.
       27. The House bill reads ``Each such application . . . . 
     Indian children in the local educational agency, including 
     their language and cultural needs . . .''; the Senate 
     amendment reads ``Each application submitted under subsection 
     (a) . . . Indian children served by the local educational 
     agency, including the language and cultural needs of the 
     children . . .''.
       Legislative Counsel.
       28. The House bill, but not the Senate amendment, requires 
     that the application be consistent with State GOALS 2000 
     plans or other plans developed under title I of this Act.
       The House recedes with an amendment.
       29. The House bill, but not the Senate amendment, requires 
     applications to include academic content and student 
     performance goals for such children as benchmarks, basing 
     same on GOALS 2000 or under title I of this Act.
       The Senate recedes with an amendment.
       30. The House bill reads ``demonstrates how funds under 
     this part will be used for activities authorized by section 
     6105''; the Senate amendment reads ``demonstrates how funds 
     made available under this part will be used for activities 
     described in section 6105.''
       Legislative Counsel.
       31. The House bill uses the term ``describes the 
     professional development to be provided . . .''; the Senate 
     amendment uses the term ``describes the professional 
     development opportunities that will be provided''.
       The House recedes.
       32. The House bill uses the term ``involved in the project 
     . . . it out''; the Senate amendment uses the term ``involved 
     in the program assisted under this part . . . such program''.
       Legislative Counsel.
       33. Technical difference/Drafting.
       Legislative Counsel.
       34. The House bill uses the term ``in its schools''; the 
     Senate amendment uses the term ``enrolled in the schools of 
     the local educational agency''.
       Legislative Counsel.
       35. Technical Difference/Drafting.
       Legislative Counsel.
       36. The Senate amendment, but not the House bill, adds the 
     term ``that are similar to the assessments described in 
     subparagraph (A)''.
       The House recedes.
       37. The House bill uses the term ``Each such application 
     shall also include''; the Senate amendment uses the term 
     ``Each application submitted under subparagraph (a) shall 
     include assurances that''.
       Legislative Counsel [Note--the term ``subparagraph'' should 
     probably be ``subsection''].
       38. The Senate amendment, but not the House bill, includes 
     the term ``made available under this part''.
       The House recedes.
       39. Technical Difference/Drafting.
       Legislative Counsel.
       40. The House bill uses the phrase ``determine the extent 
     to which funds provided under this part have been effective 
     in improving the educational achievement of Indian students 
     in the local educational agency''; the Senate amendment uses 
     the phrase ``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''.
       Legislative Counsel.
       41. The House bill uses the term ``has been based upon''; 
     the Senate amendment uses the term ``is based upon''. Also, 
     the House bill uses the term ``for which''; the Senate 
     amendment uses the term ``for whom''.
       Legislative Counsel.
       42. Technical Difference/Drafting.
       Legislative Counsel.
       43. The House bill uses the term ``the local educational 
     agency has developed the program''; the Senate amendment uses 
     the term ``was developed by such agency''. Also, the House 
     bill uses the term ``secondary school Indian students''; the 
     Senate amendment uses the term ``Indian students from 
     secondary schools''. Also, the House bill uses the term 
     ``where appropriate''; the Senate amendment uses the term 
     ``if appropriate''. Also, the House bill uses the term ``at 
     which such persons have had a full . . .''; the Senate 
     amendment uses the term ``held by such agency to provide the 
     individuals described in this subparagraph a full . . .''.
       Legislative Counsel.
       44. Technical Difference/Drafting.
       Legislative Counsel.
       45. The House bill uses the term ``parents''; the Senate 
     bill uses the term ``Indian parents''. Also, the House bill 
     uses the term ``local educational agency's schools''; the 
     Senate amendment uses the term ``schools of the local 
     educational agency''.
       The Senate recedes.
       46. the House bill uses the term ``where appropriate''; the 
     Senate amendment uses the term ``if appropriate''. Also, the 
     House bill uses the term ``secondary school Indian 
     students''; the Senate amendment uses the term ``Indian 
     students attending secondary school''.
       Legislative Counsel.
       47. The House bill requires that at least \1/2\ of the 
     members of the Parents Committee be Indian [current law]; the 
     Senate amendment increases this percentage to at least \3/
     4\ths.
       The Senate recedes with an amendment changing ``at least 
     half'' to ``more than one-half''.
       48. Technical Difference/Drafting.
       Legislative Counsel.
       49. The Senate amendment, but not the House bill, requires 
     that the Parent Committee review the schoolwide program.
       The House recedes with an amendment that the review be in a 
     timely fashion.
       50. The House bill uses the term ``finds that such project 
     will not diminish . . .''; the Senate amendment uses the term 
     ``determined that the program will not diminish . . .''.
       The House recedes.
       51. Technical Difference/Drafting.
       Legislative Counsel.
       52. The House bill, but not the Senate amendment requires 
     the State Educational Agency to review all local applications 
     and requires the local educational agency to forward to the 
     Secretary any comments received.
       The House recedes.
     Authorized Services and Activities
       53. The House bill uses the term ``use the grant funds for 
     services and activities, consistent with the purpose of this 
     part''; the Senate amendment uses the term ``use the grant 
     funds, in a manner consistent with the purpose specified in 
     section 6101, for services and activities''.
       Legislative Counsel.
       54. Technical Difference/Drafting.
       Legislative Counsel.
       55. The Senate amendment, but not the House bill, adds the 
     term ``of such agency''.
       Legislative Counsel.
       56. Technical Difference/Drafting.
       Legislative Counsel.
       57. The House bill uses the term ``which support''; the 
     Senate amendment uses the term ``that support''. Also, the 
     House bill uses the term ``set out in the application, as 
     required in section 6104''; the Senate amendment uses the 
     term ``described in the application submitted by the local 
     educational agency''.
       Legislative Counsel.
       58. The House bill uses the term ``State content and 
     student performance standards''; the Senate amendment uses 
     the term ``State content standards and State student 
     performance standards''.
       The House recedes.
       59. The House bill uses the term ``meeting similar needs''; 
     the Senate amendment uses the term ``that meet the needs of 
     Indian children and their families''.
       The House recedes.
       60. The House bill uses the term ``as those supported''; 
     the Senate amendment uses the term ``as the programs 
     supported''. Also, the House bill uses the term ``tech-
     prep''; the Senate uses the term ``technical preparation''.
       The Senate recedes.
       61. The House bill uses the term ``prevention of, and 
     education about, substance abuse''; the Senate amendment uses 
     the term ``activities to educate individuals concerning 
     substance abuse and to prevent substance abuse''.
       Legislative Counsel.
       62. The House bill uses the term ``such acquisition'', The 
     Senate amendment uses the term ``the acquisition of the 
     equipment''. Also, the House bill uses the term ``of this 
     part''; the Senate amendment uses the term ``the purpose 
     described in section 6101.''.
       Legislative Counsel.
       63. The House bill uses the term ``Not 
     withstanding any other provision of this part . . .''; the 
     Senate amendment uses the term ``Notwithstanding any other 
     provision of law . . .''. Also, the House bill uses the term 
     ``funds it receives''; the Senate amendment uses the term 
     ``funds made available''.
       The House recedes.
       64. The Senate amendment, but not the House bill, allows 
     schoolwide projects only in schools with more than \1/2\ 
     Indian students. Also, the House bill requires that in any 
     schoolwide project, the Secretary determine the school has 
     made adequate provision for the participation of Indian 
     Students and parents; the Senate amendment requires the 
     approval of the Indian parent committee.
       The Senate recedes to the House by dropping the \1/2\ 
     Indian student requirement, and the House recedes to the 
     Senate in requiring the approval of the Indian parent 
     committee.
       65. The House bill title is STUDENT ELIGIBILITY FORMS; the 
     Senate amendment title is STUDENT ELIGIBILITY AND FORMS.
       The Senate recedes.
       66. Technical Difference/Drafting.
       Legislative Counsel.
       67. The House bill uses the term ``is providing''; the 
     Senate amendment uses the term ``provides.''
       Legislative Counsel.
       68. The House bill uses the phrase ``as an eligible Indian 
     child''; the Senate amendment uses the phrase ``as an Indian 
     child eligible for assistance under this part and that 
     otherwise meets the requirements of subsection (b).''.
       Legislative Counsel.
       69. The House bill uses the term ``The Secretary shall 
     request on the form required under subsection (a) at least 
     the following information . . .''; the Senate amendment uses 
     the term ``The form described in subsection (a) shall include 
     . . .''.
       Legislative Counsel.
       70. The House bill, but not the Senate amendment, uses the 
     term ``other organized group''. Also, Technical Difference/
     Drafting.
       The House recedes.
       While the selection of the term ``or other organized 
     groups'' is consistent with the rewrite of the definition 
     used in this title (see section 6601(4)), the Conferees wish 
     to make clear that the deletion of the term, both here and in 
     the definition, does not signal a change in policy. The 
     Conferees have been assured that all students currently 
     eligible for the program who have been included as a member 
     of ``an other organized group'' may, with administrative 
     clarification, continue to be served under the term ``band''. 
     The change has been made at the request of the 
     Administration, but only to clear up an administrative 
     problem. The change should not result in any currently 
     eligible student (or student who would be currently eligible 
     if in school) from continuing to receive services.
       71. See preceding note.
       The House recedes.
       72. See preceding note.
       The House recedes.
       73. The House bill uses the term ``of any of the child's 
     parents or grandparents''; the Senate amendment uses the term 
     ``of any parent or grandparent of the child''.
       Legislative Counsel.
       74. See Note 70.
       The House recedes.
       75. The House bill uses the term ``which the Secretary 
     deems necessary''; the Senate amendment uses the term ``that 
     the Secretary considers necessary''.
       Legislative Counsel.
       76. The House bill, but not the Senate amendment, contains 
     a statement that nothing in these requirements shall affect 
     the definition (see Note 80 for similar Senate provision).
       The House recedes.
       77. Technical Difference/Drafting.
       Legislative Counsel.
       78. See Note 70. Also, the House bill uses the term 
     ``Child's name''; the Senate amendment uses the term ``name 
     of the child''. Also, the Senate amendment, but not the House 
     bill, uses the term ``with respect to which the child claims 
     eligibility''.
       The House recedes to the question of ``other organized 
     group''. The rest is for Legislative Counsel.
       79. Technical Difference/Drafting.
       Legislative Counsel.
       80. The Senate amendment, but not the House bill, states 
     that nothing in this subsection shall affect the definition 
     (see Note 76 for similar House provision).
       The House recedes.
       81. Technical Difference/Drafting.
       Legislative Counsel.
       82. Technical Difference/Drafting.
       Legislative Counsel.
       83. See Note 70.
       The House recedes.
       84.The House bill uses the term ``even if enrollment 
     numbers of such tribe, band or groups are available.''; the 
     Senate amendment uses the term ``notwithstanding the 
     availability of an enrollment number for a member of such 
     tribe, band or group.''.
       The House recedes.
       85. Technical Difference/Drafting.
       Legislative Counsel.
       86. The Senate amendment, but not the House bill, uses the 
     term ``Notwithstanding any other provision of law,''.
       The Senate recedes.
       87. The House bill uses the term ``or be otherwise 
     penalized''; the Senate amendment uses the term ``be subject 
     to any penalty''. Also, the House bill uses the term ``that 
     relate''; the Senate amendment uses the term ``that 
     relates''.
       Legislative Counsel.
       88. Technical Difference/Drafting.
       Legislative Counsel.
       89. Technical Difference/Drafting.
       Legislative Counsel.
       90. The House bill, but not the Senate amendment, uses the 
     term ``provided under this part''. The Senate amendment, but 
     not the House bill, uses the term ``to the local educational 
     agency.''
       The House recedes/the Senate recedes.
       91. Technical Difference/Drafting.
       Legislative Counsel.
       92. The Senate amendment, but not the House bill, includes 
     for the use of other forms in lieu of those required under 
     the Act, schools which receive funding under the Johnson-
     O'Malley program of the B.I.A.
       The House recedes.
       The Conferees have agreed to this provision as a paperwork 
     reduction measure. Acceptance does not signal a desire or 
     willingness to accept the incorporation of this program into 
     the Johnson-O'Malley program or administration of this 
     program in public schools by the Bureau of Indian Affairs.
       93. Technical Difference/Drafting.
       Legislative Counsel.
       94. Technical Difference/Drafting.
       Legislative Counsel.
       95. The House bill uses the term ``in which the grant will 
     be paid''; the Senate amendment uses the term `'for which the 
     Secretary makes the payment''.
       Legislative Counsel.
       96. Technical Difference/Drafting.
       Legislative Counsel.
       97. The House bill uses the term ``shall not pay any local 
     . . .''; the Senate amendment uses the term ``may not pay a 
     local . . . amount of a grant award''.
       Legislative Counsel.
       98. Technical Difference/Drafting.
       Legislative counsel.
       99. The House bill, but not the Senate amendment, includes 
     State expenditures in outlining the combined effort to be 
     taken into account.
       The Senate recedes.
       100. Technical Difference/Drafting.
       Legislative counsel.

     Part B--Special Programs and Projects to Improve Educational 
                   Opportunities for Indian Children

     Improvement of Educational Opportunities for Indian Children
       101. The House bill, but not the Senate amendment, uses the 
     term ``that are to''. Also, the House bill contains an 
     error--``text'' should be ``test''.
       The House recedes.
       102. Technical Difference/Drafting.
       Legislative counsel.
       103. The Senate amendment, but not the House bill, uses the 
     term ``For the purpose of this section, the term `eligible 
     entity' means a . . .'' and states the entities in the 
     singular.
       Legislative counsel.
       104. Technical Difference/Drafting.
       Legislative counsel.
       105. Technical Difference/Drafting.
       Legislative counsel.
       106. The House bill lists the core curriculum subjects; the 
     Senate amendment references the core academic subjects in 
     Goal three of the GOALS 2000 legislation.
       Senate recedes with an amendment.
       107. The House bill uses the term ``which meet''; the 
     Senate amendment uses the term ``that address''.
       Legislative counsel.
       108. The House bill uses the term ``high school''; the 
     Senate amendment uses the term ``secondary''.
       The House recedes.
       109. The House bill uses the term ``services to''; the 
     Senate amendment uses the term ``the provision of services 
     to''.
       Legislative counsel.
       110. The House bill uses the term ``high school''; the 
     Senate amendment uses the term ``secondary''.
       The House recedes.
       111. The House bill uses the term ``them''; the Senate 
     amendment uses the term ``such students. Also, see preceding 
     note.
       The House recedes.
       112. Technical Difference/Drafting.
       Legislative counsel.
       113. Technical Difference/Drafting.
       Legislative counsel.
       114. The House bill uses the term ``other services which 
     meet the needs of this section''; the Senate amendment uses 
     the term ``other services that meet the purpose described in 
     subsection (a)(1)''.
       Legislative counsel.
       115. Technical Difference/Drafting.
       Legislative counsel.
       116. Technical Difference/Drafting.
       Legislative counsel.
       117. Technical Difference/Drafting.
       Legislative counsel.
       118. Technical Difference/Drafting.
       Legislative counsel.
       119. The Senate amendment, but not the House bill, requires 
     that the material disseminated by ``exemplary''.
       The House recedes.
       120. The House bill requires that the Secretary make a 
     finding; the Senate amendment requires the Secretary to make 
     a determination. Also, the House bill requires that the 
     material disseminated has shown certain properties; the 
     Senate amendment requires that the material disseminated have 
     demonstrated the same properties.
       The House recedes.
       121. The House bill uses the term ``section''; the Senate 
     amendment uses the term ``subsection''. Also, the House uses 
     the term ``Each application shall contain . . .''; the Senate 
     amendment uses the term ``Each application submitted to the 
     Secretary under subparagraph (A) shall contain . . .''.
       Legislative Counsel.
       122. Technical Difference/Drafting.
       Legislative Counsel.
       123. Technical Difference/Drafting.
       124. The Senate amendment, but not the House bill, adds the 
     term ``to qualified Indian individuals to enable such 
     individuals to become . . .''.
       The House recedes.
       125. The House bill uses the term ``of those presently 
     serving in these capacities''; the Senate amendment uses the 
     term ``of qualified Indian individuals who serve in the 
     capacities described in paragraph (2).''.
       Legislative Counsel.
       126. Technical Difference/Drafting.
       Legislative Counsel.
       127. Technical Difference/Drafting.
       Legislative Counsel.
       128. The Senate amendment, but not the House bill, 
     authorizes the Secretary to make grants under this provision 
     to eligible entities.
       The House recedes.
       129. Technical Difference/Drafting.
       Legislative Counsel.
       130. The House bill uses the term ``may include, but are 
     not limited to,''; the Senate amendment uses the term ``may 
     include''.
       The Senate recedes.
       131. Technical Difference/Drafting.
       Legislative Counsel.
       132. Technical Difference/Drafting.
       Legislative Counsel.
       133. The Senate amendment, but not the House bill, includes 
     a requirement that entities desiring a grant under this 
     provision provide an application.
       The House recedes.
       134. Technical Difference/Drafting.
       Legislative Counsel.
       135. Technical Difference/Drafting.
       Legislative Counsel.
       136. Technical Difference/Drafting.
       Legislative Counsel.
       137. Technical Difference/Drafting.
       Legislative Counsel.
       138. The House bill uses the term ``mechanism''; the Senate 
     amendment uses the term ``a reporting procedure''. Also, the 
     House bill requires reporting to begin within 12 months; the 
     Senate bill requires reporting periodically. Also, some 
     Technical Differences/Drafting.
       The House recedes.
     Fellowships for Indian Students
       139. The House bill, but not the Senate amendment, 
     stipulates that ``During each fiscal year ending prior to 
     October 1, 1999'', the Secretary is authorized to make 
     fellowships.
       The House recedes.
       140. Technical Difference/Drafting.
       Legislative Counsel.
       141. Technical Difference/Drafting.
       Legislative Counsel.
       142. The House bill uses the term ``to persons''; the 
     Senate amendment uses the term ``to Indian students''.
       The House recedes.
       143. The House bill uses the term ``their dependents''; the 
     Senate amendment uses the term ``dependents of such 
     students''. Also, Technical Difference/Drafting.
       The House recedes.
       144. The House bill, but not the Senate amendment, 
     stipulates that payments to an institution are in lieu of 
     tuition charged to the student. Also, Technical Difference/
     Drafting.
       The Senate recedes.
       145. Technical Difference/Drafting.
       Legislative Counsel.
       146. The House bill uses the term ``By no later than the 
     date that is 45 days before . . .''; the Senate amendment 
     uses the term ``Not later than 45 days before . . .''. Also, 
     Technical Difference/Drafting.
       Legislative Counsel.
       147. The House bill stipulates that not more than 10% of 
     the fellowships can be awarded on a priority basis for 
     persons receiving training; the Senate amendment stipulates 
     that not more than 10% of the fellowships are provided to 
     Indian students on a priority basis for the same training.
       The Senate recedes.
       148. The House bill uses the term ``related work''; the 
     Senate amendment stipulates that the work performed must be 
     ``related to the training'' received. Also, Technical 
     Differences/Drafting.
       The House recedes.
       149. See Note 138.
       The House recedes.
       150. The Senate amendment, but not the House bill, 
     stipulates that the Secretary may administer this program 
     through contract or grant or cooperative agreement with an 
     outside, Indian entity with demonstrated capacity.
       The House recedes.
     Gifted and Talented
       151. Technical Difference/Drafting.
       Legislative Counsel.
       152. The Senate amendment, but not the House bill, 
     stipulates that the two grants are also for demonstration 
     activities.
       The House recedes.
       153. Technical Difference/Drafting.
       Legislative Counsel.
       154. The House bill uses the term ``are fully accredited''; 
     the Senate amendment uses the term ``are accredited by a 
     State or regional accrediting agency or organization''.
       The Senate recedes.
       155. Technical Difference/Drafting.
       Legislative Counsel.
       156. Technical Difference/Drafting.
       Legislative Counsel.
       157. Technical Difference/Drafting.
       Legislative Counsel.
       158. Technical Differences/Drafting.
       Legislative Counsel.
       159. The House bill uses the term ``which hold reasonable 
     promise''; the Senate amendment uses the term ``that the 
     Secretary determines holds a reasonable promise . . .''.
       Legislative Counsel.
       160. The House bill uses the term ``including, but not 
     limited to''; the Senate amendment uses the term 
     ``including''.
       The Senate recedes.
       161. The House bill cites subsection (c); the Senate 
     amendment cites subsection (d).
       Legislative Counsel.
       162. Technical Difference/Drafting.
       Legislative Counsel.
       163. Technical Difference/Drafting.
       Legislative Counsel.
       164. The House bill uses the term ``their families''; the 
     Senate amendment uses the term ``families of such children.
       The House recedes.
       165. The Senate amendment, but not the House bill, requires 
     that each entity desiring a grant under this provision submit 
     an application.
       The House recedes.
       166. The House uses the term ``shall provide''; the Senate 
     amendment uses the term ``shall award''.
       Legislative Counsel.
       167. Technical Difference/Drafting.
       Legislative Counsel.
       168. The House bill, but not the Senate amendment, has the 
     word ``regarding'' after development.
       The House recedes.
       169. Technical Difference/Drafting.
       Legislative Counsel.
       170. Technical Difference/Drafting.
       Legislative Counsel.
       171. Technical Difference/Drafting.
       Legislative Counsel.
       172. Technical Difference/Drafting.
       Legislative Counsel.
       173. The House bill, but not the Senate amendment, 
     stipulates that grants may be for one or more of the 
     enumerated activities.
       The Senate recedes.
       174. Technical Difference/Drafting.
       Legislative Counsel.
       175. The House bill, but not the Senate amendment, requires 
     that the definition of gifted and talented to be used in this 
     and another provision be expeditiously developed.
       The House recedes.
       176. The House uses the term ``Subject to the availability 
     of appropriated funds . . .''; the Senate amendment uses the 
     term ``Subject to the availability of appropriations''.
       Legislative Counsel.
       177. Technical Difference/Drafting.
       Legislative Counsel.
       178. Technical Difference/Drafting.
       Legislative Counsel.
       179. Technical Difference/Drafting.
       Legislative Counsel.
       180. The House bill, but not the Senate amendment, requires 
     the Secretary of Education to report to the Secretary of the 
     Interior and Congress on activities under this provision.
       The Senate recedes.
       181. Technical Difference/Drafting.
       Legislative Counsel.
       182. Technical Difference/Drafting.
       Legislative Counsel.
       183. Technical Difference/Drafting.
       Legislative Counsel.
       184. The House bill uses the term ``persons to whom a grant 
     is made, or with whom a contract is entered into,''; the 
     Senate amendment uses the term ``each recipient of a grant or 
     contract under this section''.
       Legislative Counsel.
       185. Technical Difference/Drafting.
       Legislative Counsel.
       186. The Senate amendment, but not the House bill, uses the 
     term ``of the United States''.
       The Senate recedes.
     Grants for Evaluation and Technical Assistance
       187. The Senate amendment, but not the House bill, 
     authorizes regional technical assistance centers. $8,000,000 
     are authorized for each fiscal year 1995 through 1999 for 
     these centers.
     Grants to Tribes for Education Administrative Planning and 
         Development
       188. The Senate amendment, but not the House bill, includes 
     an authority for grants for tribes for education 
     administrative planning and development. $3,000,000 is 
     authorized in each fiscal year 1995 through 1999 for these 
     grants.
       The House recedes with an amendment that the same tribe may 
     not also receive a grant under the Department of Interior 
     authority for Tribal Departments of Education.
       The Conferees wish to point out the provision in this 
     section which precludes a tribe currently receiving funds 
     under the Bureau of Indian Affairs program for Tribal 
     Divisions of Education from receiving funds under this 
     section.

  Part C--Special Education Programs Relating to Adult Education for 
                                Indians

     Improvement of Educational Opportunities for Adult Indians
       189. Technical Difference/Drafting.
       Legislative Counsel.
       190. The House bill uses the term ``the provision of basic 
     literacy opportunities''; the Senate amendment uses the term 
     basic literacy opportunities''.
       Legislative Counsel.
       191. The House bill uses the term ``high school equivalency 
     certificate''; the Senate amendment uses the term ``secondary 
     school diploma, or its recognized equivalent,''.
       The House recedes.
       192. See preceding Note.
       The House recedes.
       193. See preceding Note.
       The House recedes.
       194. Technical Difference/Drafting.
       Legislative Counsel.
       195. Technical Difference/Drafting.
       Legislative Counsel.
       196. The House uses the term ``evaluations thereof''; the 
     Senate amendment uses the term ``evaluations of the programs, 
     services and resources . . .''.
       The House recedes.
       197. Technical Difference/Drafting.
       Legislative Counsel.
       198. The Senate amendment, but not the House bill, adds the 
     term ``and the objectives to be achieved''.
       The House recedes.
       199. Technical Difference/Drafting.
       Legislative Counsel.
       200. Technical Difference/Drafting.
       Legislative Counsel.
       201. The Senate amendment, but not the House bill, uses the 
     term ``appropriate tribal communities''.
       The House recedes.
       202. The House bill uses the term ``of the project''; the 
     Senate amendment uses the term ``of the activities to be 
     assisted''.
       Legislative Counsel.
       203. Technical Difference/Drafting.
       Legislative Counsel.
       204. The House BILL title is PART D--NATIONAL ACTIVITIES 
     AND GRANTS TO STATES; the Senate amendment title is PART D--
     NATIONAL RESEARCH ACTIVITIES.
       The House recedes.
     National Activities
       205. Technical Difference/Drafting.
       Legislative Counsel.
       206. The House bill uses the term ``Act''; the Senate 
     amendment uses the term ``title''.
       Legislative Counsel.
       207. The House bill uses the term ``Office of Educational 
     Research . . .''; the Senate amendment uses the term ``the 
     Assistant Secretary for Educational Research . . .''.
       The Senate recedes.
       208. Technical Difference/Drafting.
       Legislative Counsel.
       209. The House bill, but not the Senate amendment, requires 
     each local educational agency to submit their application 
     under this title to the appropriate State Educational Agency 
     for comment, allows the SEA to send such comments to the 
     Secretary, with the Secretary taking such comments as are 
     transmitted into account in reviewing the application.
       The Senate recedes with an amendment which; (1) stipulates 
     this requirement applies to all entities except B.I.A. funded 
     schools; (2) stipulates that if it wishes to comment on any 
     applications, the S.E.A. must comment on all applications and 
     do so within 45 days of their receipt; (3) stipulates the 
     S.E.A. will provide each entity with a copy of its comments 
     and that each entity shall have an opportunity to respond; 
     and (4) stipulates that the Secretary may waive this 
     provision if he/she determines it impedes the application 
     process.

                     Part E--Federal Administration

       210. The House bill, but not the Senate amendment, sets 
     forth the Office of Indian Education, and sets requirements 
     for such Office and its Director.
       The Senate recedes with an amendment deleting (b)(3).
     National Advisory Council on Indian Education
       211. The House uses the term ``There shall be a . . .''; 
     the Senate amendment uses the term ``There is established .  
     .  .''.
       Legislative Counsel.
       212. The House bill uses the term ``areas of the country''; 
     the Senate amendment uses the term ``areas of the United 
     States''/
       The House recedes.
       213. Technical Differences/Drafting.
       Legislative Counsel.
       214. The House uses the term ``for which the Secretary is 
     responsible''; the Senate amendment uses the term ``with 
     respect to which the Secretary has jurisdiction''.
       The House recedes.
       215. Technical Difference/Drafting.
       Legislative Counsel.
       216. Technical Difference/Drafting.
       Legislative Counsel.
       217. Technical Differences/Drafting.
       Legislative Counsel.
     Peer Review
       218. Technical Difference/Drafting.
       Legislative Counsel.
     Preference for Indian Applicants
       219. The House uses the term ``parts B and C of this 
     title''; the Senate amendment uses the term ``part B, C, or 
     D,''.
       The House recedes.
       220. Technical Difference/Drafting.
       Legislative Counsel.
     Minimum Grant Criteria
       221. Technical Difference/Drafting.
       Legislative Counsel.
       222. Technical Difference/Drafting.
       Legislative Counsel.

         Part F--Definitions; Authorizations of Appropriations

     Definitions
       223. Technical Difference/Drafting.
       Legislative Counsel.
       224. Technical Difference/Drafting.
       Legislative Counsel.
       225. Technical Difference/Drafting.
       Legislative Counsel.
       226. The Senate amendment, but not the House bill, includes 
     in the definition any member of an organized Indian group 
     that received a grant under this title prior to the enactment 
     of this Act.
       The House recedes. The Managers wish to make it clear that 
     by deleting the term ``other organized group'' from the 
     definition above and by including this provision, they do not 
     intend to make a substantive change to the pool of student 
     eligible to benefit from this program. The Managers are 
     simply agreeing to an Administration recommendation that such 
     a change would simplify administering the program, without 
     cutting any students or groups out of participation. Groups 
     which have been covered under the umbris of ``other organized 
     group'' in the past would still qualify as a ``band''.
     Authorization of Appropriations
       227. Technical Differences/Drafting.
       Legislative Counsel.
       228. The House bill authorizes $20,925,000 for FY 1995 for 
     parts B, C, and D. The Senate amendment authorizes 
     $31,925,000 for FY 1995 for the same provisions.
       The House recedes with an amendment cutting the Fiscal Year 
     1995 amount to $26 Million.
       229. Technical Difference/Drafting.
       Legislative Counsel.
       230. Technical Difference/Drafting.
       Legislative Counsel.
     Native Hawaiian Education
       Findings
       1. The House bill and Senate amendment have similar, but 
     not identical, findings concerning the history of Hawaii and 
     its move towards sovereignty.
       Legislative Counsel.
       2. Language in the House bill and Senate amendment is 
     similar, but not identical, concerning the special 
     relationship which exists between the United States and the 
     Native Hawaiian people.
       Legislative Counsel.
       3. The Senate amendment, but not the House bill, notes the 
     decline in the Native Hawaiian population from 1778 to 1921.
       The House recedes.
       4. Technical difference.
       Legislative Counsel.
       5. The House bill, but not the Senate amendment, refers to 
     the Act of June 20, 1938, where the U.S. Congress 
     acknowledged the unique status of the Hawaiian people.
       The Senate recedes.
       5(a) The House bill, but not the Senate amendment, refers 
     to the U.S. establishing educational programs to benefit 
     Native Hawaiians.
       The Senate recedes.
       6. The House bill refers to ``the Native American Programs 
     Act of 1992, as amended'' and the ``National Historic Act 
     Amendments of 1992''. The Senate amendment refers to ``the 
     National Museum of the American Indian Act'', ``National 
     Historic Preservation Act'', and the ``Native American 
     Languages Act''.
       The House recedes with an amendment to combine the House 
     and Senate provisions.
       7. The House bill lists the special provisions the U.S. 
     Congress has passed recognizing the trust relationship 
     between the U.S. and the Native Hawaiian people. The Senate 
     amendment simply states ``numerous special provisions of law 
     for the benefit of Native Hawaiians in the areas of health, 
     education, labor, and housing.
       The House recedes.
       8. The House bill, but not the Senate amendment, recognizes 
     that a lower educational attainment among Native Hawaiians 
     has been related to lower socioeconomic outcomes.
       The House recedes.
       9. The House bill, but not the Senate amendment, indicates 
     that Native Hawaiian students are disproportionately 
     underrepresented in Institutions of Higher Education.
       The House recedes.
       10. The House bill, but not the Senate amendment, states 
     that Native Hawaiians are underrepresented in traditional 
     white collar and health care professions, while being 
     overrepresented in service occupations.
       The House recedes.
       11. The Senate amendment, but not the House bill, refers to 
     the 1988 enactment of title IV of the Augustus F. Hawkins-
     Robert T. Stafford Elementary and Secondary School 
     Improvement Amendments of 1988.
       The House recedes.
       12. Technical difference.
       Legislative Counsel.
       13. The House bill and the Senate amendment, in similar, 
     yet not identical, language refer to Native Hawaiian 
     children's educational risk factors.
       The House recedes.
       14. The House bill, but not the Senate amendment, states 
     ``special efforts in education recognizing the unique 
     cultural and historical circumstances of Native Hawaiians are 
     required.''
       The House recedes.
       15. The Senate amendment, but not the House bill, refers to 
     the underrepresentation of Native Hawaiians in institutions 
     of higher education and among adults who have completed four 
     or more years of college.
       The House recedes.
       16. The Senate amendment, but not the House bill, refers to 
     high retainment and absenteeism rates among Native Hawaiian 
     students.
       The House recedes.
       17. The Senate amendment, but not the House bill, states 
     that Native Hawaiian students are the highest drug and 
     alcohol users.
       The House recedes with amendment, adding ``in the State of 
     Hawaii'' after ``alcohol'' in paragraph (ii).
       18. The Senate amendment, but not the House bill, states 
     that Native Hawaiian children continue to be 
     disproportionately victimized by child abuse and neglect.
       The House recedes.
       19. The Senate amendment, but not the House bill, refers to 
     the 23% of the students served by the State of Hawaii's 
     Department of Education and their residence in rural, 
     isolated areas.
       The House recedes.
       20. The Senate amendment, but not the House bill, refers to 
     contradictions between findings listed in paragraphs (1) 
     through (15) and the high rate of literacy and integration of 
     traditional culture and Western education achieved by Native 
     Hawaiians through a Hawaiian language-based public school 
     system.
       The House recedes.
       21. The Senate amendment, but not the House bill, refers to 
     the ``Native Hawaiian Educational Assessment Project'' 
     released in 1983 by the Office of Education to Congress and 
     its findings.
       The House recedes.
       21.(a) The Senate amendment, but not the House bill, notes 
     that the Kamehameha Schools Bishop Estate released a ten-year 
     update of the Native Hawaiian Educational Assessment Project.
       The House recedes.
       22. The Senate amendment, but not the House bill, mentions 
     the banning of Hawaiian medium schools.
       The House recedes.
       23. The Senate amendment, but not the House bill, refers to 
     the Native Hawaiians' determination to ``preserve, develop, 
     and transmit to future generations their ancestral 
     territory''.
       The House recedes.
       24. The Senate amendment, but not the House bill, to the 
     distinct land rights of the Native Hawaiian people.
       The Senate recedes.
       25. The Senate amendment, but not the House bill, mentions 
     the distinct land rights of Native Hawaiians and their unique 
     religious customs and beliefs.
       The House recedes.
       26. The Senate amendment, but not the House bill, 
     recognizes the traditional language of the Native Hawaiian 
     people as an official language of the State of Hawaii.
       The House recedes.
       Purpose
       27. The House bill states educational programs are to 
     ``assist'' Native Hawaiians in ``reaching the National 
     Educational Goals''. The Senate amendment simply states 
     educational programs are to ``benefit'' Native Hawaiians.
       The Senate recedes.
       28. The Senate amendment, but not the House bill, refers to 
     the establishment of a Native Hawaiian Education Council and 
     five island councils.
       The House recedes.
       29. The House bill states the purpose of this part includes 
     the ``encouragement of maximum participation of Native 
     Hawaiians in planning and management of Native Hawaiian 
     Education Programs.'' The Senate amendment refers to this 
     concept in the findings.
       The Senate recedes.
       Establishment
       30. Both the House bill and the Senate amendment provide 
     for a Native Hawaiian Education Council. The Senate 
     amendment, but not the House bill, includes the provision for 
     island councils.
       The House recedes.
       Composition
       31. The Senate amendment, but not the House bill, states 
     the Education Council shall consist of not more than 25 
     members.
       The House recedes.
       32. The House bill, but not the Senate amendment, states 
     the composition of the council shall consist of, ``but not be 
     limited to'', ``representatives of each of the programs which 
     receive Federal funding under this part''; ``a representative 
     from the Office of the Governor''; ``a representative from 
     the Office of Hawaiian Affairs''; ``representatives of other 
     Native Hawaiian Educational organizations and Native Hawaiian 
     organizations which receive Federal or state education 
     funds''; and ``parent, student, educator, and community 
     organizations''.
       The House recedes.
       33. The Senate amendment, but not the House bill, includes 
     in its member list, ``each recipient of funds from the 
     Secretary under this part''; a representative from the Office 
     of Hawaiian Affairs, Department of Education in Hawaii, and 
     specifically mentioned educational organizations.
       The House recedes.
       34. The Senate amendment, but not the House bill, states a 
     representative will serve on the council from ``each Native 
     Hawaiian education island council established under 
     subsection (f)''.
       The House recedes.
       Conditions and Terms
       35. The House bill indicates that at least half of the 
     members shall be Native Hawaiians. The Senate amendment 
     states that at least three-fourths of the members shall be 
     Native Hawaiians.
       The House recedes.
       36. The House bill states that members of the Education 
     Council will serve for five year terms. The Senate amendment 
     states members will be appointed for three-year terms.
       The House recedes.
       Duties and Responsibilities
       37. The House bill and the Senate amendment state the 
     Education Council will provide information to Congress. The 
     Senate amendment, not the House bill, specifically states 
     particular entities to which the reports will be delivered.
       The House recedes.
       37(a). The House bill, but not the Senate amendment, states 
     that they Secretary shall, whenever practicable, consult with 
     the Council before taking any significant action related to 
     the education of Native Hawaiians.
       The House recedes.
       38. The Senate amendment, but not the House bill, refers to 
     island councils and the support the Education Council will 
     provide these councils.
       The House recedes.
       Administrative Provisions
       39. The House bill, but not the Senate amendment, makes a 
     statement that the Council will meet at the call of the 
     Chair, or upon the request of the majority of the Council.
       The Senate recedes.
       40. The Senate amendment, but not the House bill, outlines 
     the purpose of the administrative grant for the Education 
     Council.
       The House recedes.
       Compensation
       41. The House bill, but not the Senate amendment, requires 
     that compensation for service will not be given to any member 
     of the Native Hawaiian Council.
       The Senate recedes.
       Report to Congress
       42. The House bill, but not the Senate amendment mandates a 
     report to Congress not later than 4 years after the date of 
     enactment of the Improving America's Schools Act.
       The Senate recedes.
       Establishment of Island Councils
       43. The Senate amendment, but not the House bill, 
     introduces island councils and their composition. Specific 
     administrative provisions, compensation, report requirements, 
     and authorization of appropriations are described.
       The House recedes.
       Application Required
       44. The Senate amendment, but not the House bill, 
     articulates the application required for a grant that is to 
     be made to the Secretary in order to carry out the provisions 
     of this part.
       The House recedes.
       Native Hawaiian Language Immersion Authority
       45. The House bill, but not the Senate amendment details a 
     state-wide effort to revitalize the Native Hawaiian language. 
     Administrative costs are set at no more than 7 percent of the 
     funds appropriated. Authorized appropriations are to be 
     $1,500,000 for fiscal year 1995 and such sums as may be 
     necessary for fiscal years 1996 through 1999.
       The House recedes.
       Native Hawaiian Family-Based Education Centers
       46. The Senate amendment, but not the House bill, states 
     educational entities with ``experience'' in developing or 
     operating Native Hawaiian programs. The House bill does not 
     use ``experience''.
       The House recedes.
       47. The House bill states that a minimum of eleven Family-
     Based Education Centers throughout the Hawaiian Islands be 
     developed. The Senate amendment refers to no such minimum.
       The House recedes.
       48. The Senate amendment, but not the House bill, 
     articulates that the programs of such centers ``may be 
     conducted in either the Hawaiian language, the English 
     language, or a combination thereof''.
       The House recedes.
       49. Technical difference.
       Legislative Counsel.
       Native Hawaiian Higher Education Demonstration Program
       50. The House bill, but not the Senate amendment, states 
     that the Secretary shall make grants to the Kamehameha 
     Schools/Bernice Pauahi Bishop Estate. The Senate amendment 
     generalizes, stating grants will be given to Native Hawaiian 
     educational organizations.
       The House recedes.
       Mandatory Activities
       51. The Senate amendment, but not the House bill states 
     mandatory activities include full or partial fellowship 
     support for Native Hawaiian students enrolled in higher 
     institutions of education. The House bill simply says ``may 
     include''.
       The Senate recedes.
       52. The Senate amendment, but not the House bill, includes 
     ``fellowship'' in its conditions of recipients.
       The Senate recedes.
       53. The Senate amendment, but not the House bill, includes 
     a section titled ``Permitted Activities'' listing those which 
     the House bill mentions under no such subsection.
       The Senate recedes.
       54. Technical differences.
       Legislative Counsel.
       55. The House bill, but not the Senate amendment, has a 
     section titled ``Grants Authorized''.
       The House recedes.
       56. The Senate amendment, but not the House bill, specifies 
     ``fellowship'' recipients.
       Legislative Counsel.
       57. The Senate amendment, but not the House bill, refers to 
     the completion of a baccalaureate program.
       The House recedes.
       58. The House bill, but not the Senate amendment, includes 
     ``within the State of Hawaii'' after ``Native Hawaiian 
     community''.
       The House recedes.
       Special Rule
       59. The House bill, but not the Senate amendment, includes 
     a special rule that no policy be implemented to prevent a 
     Native Hawaiian student enrolled at a higher education 
     institution outside of the State of Hawaii from receiving a 
     fellowship.
       The Senate recedes.
       Authorization of Appropriations
       60. The House bill, but not the Senate amendment, 
     authorizes $1,500,000 for fiscal year 1995 and such sums may 
     be necessary for fiscal year 1996 through 1999 for funding 
     fellowship assistance demonstration project provided under 
     subsection (b).
       The House recedes.
       Native Hawaiian Gifted and Talented Program
       61. The House bill, but not the Senate amendment, states 
     there will be an establishment of a Native Hawaiian Gifted 
     and Talented Center at the University of Hawaii at Hilo. The 
     Senate amendment does not specify a program at the 
     University.
       The House recedes. (on title as well)
       62. The House bill, but not the Senate amendment, specifies 
     demonstration projects will be designed to address gifted and 
     talented students. The Senate amendment makes no reference to 
     demonstration projects.
       The House recedes.
       63. The House bill, but not the Senate amendment, details 
     the terms of the grant or contract.
       The House recedes.
       64. The House bill, but not the Senate amendment, states 
     that ``such grant or contract shall be subject to the 
     availability of appropriated funds and, contingent on 
     satisfactory performance by the grantee''.
       The House recedes.
       Uses of Funds
       65. The Senate amendment, but not the House bill, specifies 
     ``Native Hawaiian'' gifted and talented students.
       The House recedes.
       66. The House bill, but not the Senate amendment, 
     incorporates public television in meeting educational needs 
     of gifted and talented children.
       The House recedes.
       67. The Senate amendment, but not the House bill, refers to 
     coordination with ``other Native American gifted and talented 
     programs.''
       The House recedes.
       Information Provision
       68. The House bill, but not the Senate amendment, states 
     the Secretary will establish a national network of Native 
     Hawaiian and American Indian Gifted and Talented Centers and 
     impart any information to the educational community.
       The Senate recedes with an amendment striking ``shall'' and 
     inserting ``is authorized to''.
       69. The House bill provides $2,000,000 for fiscal year 1995 
     and such necessary sums for fiscal years 1996 through 1999. 
     The Senate amendment provides $1,500,000 for fiscal year 
     1995, and necessary sums for each of the succeeding 4 fiscal 
     years.
       The House recedes.
       Special Education Authority
       70. The House bill, but not the Senate amendment, refers to 
     Pihana Na Mamo, while the Senate amendment mentions general 
     educational organizations.
       The House recedes.
       71. The House bill uses ``children''; the Senate amendment 
     uses ``students''.
       The House recedes.
       72. The Senate amendment, but not the House bill, refers to 
     emotional impairments.
       The House recedes with amendment, striking ``learning'' and 
     ``mental or physical disabilities, emotional impairments''.
       73. The House bill, but not the Senate amendment, refers to 
     children at the elementary school level.
       The House recedes.
       73.(a) The Senate amendment, but not the House bill, refers 
     to part B of the Education of Individuals with Disabilities 
     Education Act.
       The House recedes.
       74. The Senate amendment, but not the House bill, refers to 
     ``the conduct of educational, psychosocial, and developmental 
     activities'' of Native Hawaiian students.
       The House recedes.
       75. The Senate amendment, but not the House bill, refers to 
     ``appropriate research, evaluation, and related activities''.
       The House recedes.
       76. The House bill, but not the Senate amendment, refers to 
     the Secretary who may not make a grant or provide funds 
     pursuant to a contract under this subsection.
       The House recedes.
       77. The House bill, but not the Senate amendment, discusses 
     non-Federal contributions.
       The House recedes.
       Application Required
       78. The House bill, but not the Senate amendment, refers to 
     an ``application required'' to be submitted to the Secretary.
       The Senate recedes.
       Definitions
       79. The House bill and the Senate amendment have similar, 
     but not identical, language defining the term ``Native 
     Hawaiian''. The House bill states specifically ``a citizen of 
     the United States'', and a ``resident of the State of 
     Hawaii''.
       The Senate recedes.
       80. The House bill states ``birth records of the State of 
     Hawaii'', where the Senate amendment merely states 
     ``certified birth records''.
       The House recedes.
       The conferees intend that genealogical records should be 
     defined to include birth, marriage and death records.
       81. The House bill, but not the Senate amendment, mentions 
     the term ``Secretary'' as meaning the Secretary of Education.
       The House recedes.
       82. The House bill, but not the Senate amendment, refers to 
     ``demonstrated expertise in research and program 
     development''.
       The Senate recedes.
       83. The House bill, but not the Senate amendment, includes 
     the definition of a ``Native Hawaiian Organization''.
       The Senate recedes.
       84. The House bill, but not the Senate amendment, includes 
     the term ``elementary school'' as meaning the same as 
     indicated section 9101 of the same act.
       The House recedes.
       85. The Senate amendment, but not the House bill, refers to 
     the definition of ``Native Hawaiian language'' and the term 
     ``Office of Hawaiian Affairs''.
       The House recedes.
       86. The Senate amendment, but not the House bill, refers to 
     the definition of ``Native Hawaiian community-based 
     organization''.
       The House recedes.
       87. The House bill, but not the Senate amendment, includes 
     the term ``local educational agency''.
       The House recedes.
       88. The House bill, but not the Senate amendment, includes 
     the term ``secondary school''.
       The House recedes.
       89. The Senate amendment, but not the House bill, includes 
     Native Hawaiian Curriculum Development, Teacher Training and 
     Recruitment Program. Specifics mentioned are curricular 
     development, preteacher training, inservice teacher training, 
     and teacher recruitment. Administrative costs are to be not 
     more than 7 percent of the funds appropriated for fiscal year 
     1995 and such necessary sums for each of the 4 succeeding 
     fiscal years.
       The The House recedes, with an amendment: in paragraph (b) 
     PRIORITY: insert after ``(a) that'' a ``(1)'' and insert 
     after ``youth or'' a ``(2)'' and add after the end of the 
     sentence ``provided that entities receiving grants award 
     pursuant to (b)(2) of this subsection coordinate in the 
     development of new curricula''.
       90. The Senate amendment, but not the House bill, refers to 
     Native Hawaiian Community-Based Education Learning Centers. 
     Authorization appropriations are to be $1 million for FY 95, 
     and such sums as may be necessary for each of the 4 
     succeeding fiscal year.
       The House recedes.
     Alaska Native Education
       10. The Senate amendment, but not the House bill, contains 
     a provision authorizing $5 million for an Alaska Native 
     Education program, $2 million for an Alaska Native Home Based 
     Education for Preschool Children program, and $1,000,000 for 
     an Alaska Native Student Enrichment program.
       The House recedes, moving the provision to a new Title IX.


                Title X--Small but significant programs

       The House bill cites this title as ``Title II-Expanding 
     Opportunities For Learning''. The Senate amendment cites this 
     title as ``Title VIII-Programs of National Significance.'' 
     The House recedes.
     Fund for the Improvement of Education
       Authorization
       In paragraph (a), the House bill refers to ``challenging 
     standards.'' The Senate amendment refers to challenging State 
     content standards and challenging State student performance 
     standards.'' The House recedes.
       Use of Funds
       The House bill, but not the Senate amendment, permits 
     research and development on content and performance standards 
     and opportunity-to-learn standards. The Senate recedes with a 
     amendment, inserting ``or strategies'' after ``standards.''
       In paragraph (A)(i), the Senate amendment provides for the 
     elimination of grouping practices and the development of 
     programs that place all students on a college preparatory 
     path of study. The House does not. The House recedes with an 
     amendment, striking all language beginning with ``and'' after 
     ``practices'' paragraph (i).
       In paragraph (A)(ii,) the Senate amendment provides for the 
     development and evaluation of programs with strong parental 
     involvement. The House does not. The House recedes.
       In paragraph (A)(iii), the Senate amendment provides for 
     the development and evaluation of strategies for integrating 
     instruction and assessment. The House does not. The House 
     recedes.
       In paragraph (A)(iv), the Senate amendment provides for the 
     development and evaluation of strategies for supporting 
     professional development for teachers, counselors, and 
     administrators. The House recedes with an amendment, 
     inserting ``pupil services personnel, including'' before 
     ``guidance counselors.''
       The House bill refers to ``public school choice in 
     accordance with the requirements of part C.'' The Senate 
     amendment refers to ``public school choice.''
       The Senate recedes.
       The Senate amendment refers to ``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 learning to assist the effort to 
     achieve the National Education Goals''. The House bill refers 
     to ``agencies to assist the effort to achieve the National 
     Education Goals.''
       The Senate recedes.
       The Senate amendment refers to ``activities to promote and 
     evaluate coordinated pupil service programs''. The House bill 
     has no such provision.
       The House recedes.
       The House bill refers to ``(G) activities to promote 
     consumer, economic, and personal finance education''. The 
     Senate amendment refers to ``(K) activities to promote 
     consumer education, such as saving, investing, and 
     entrepreneurial education.'' The Senate recedes with an 
     amendment, adding ``such as saving, investing, and 
     entrepreneurial education;'' after ``education;''.
       The Senate amendment refers to `` activities to promote 
     metric education''. The House bill has no such provision.
       The House recedes.
       The House bill refers to ``the identification and 
     recognition of exemplary schools and programs, such as Blue 
     Ribbon Schools''. The Senate amendment has no such provision.
       The Senate recedes.
       The House bill refers to programs to reduce student 
     mobility. The Senate amendment has no such provision.
       The Senate recedes.
       The House bill refers to public-private partnerships which 
     would permit students to bring computers home. The Senate 
     amendment has no such provision.
       The Senate recedes.
       The House bill has no parallel provisions to Senate 
     amendment items: ``(M)'', ``(N)'', ``(O)'', ``(P)'', ``(R)'', 
     ``(T).'' The House recedes with an amendment striking 
     paragraphs ``(N)'' and ``(T)'' and modifying ``(R)'' to read 
     as follows: ``demonstrations relating to the planning and 
     evaluation of the effectiveness of projects under which LEAs 
     or schools contract with private management organizations to 
     reform a school or schools.''
       In paragraph (2)(A), (B) and (C), the House bill provides 
     for the establishment, content, and mission of the National 
     Center for Second Language Development. The Senate amendment 
     has no such provisions.
       The House recedes.
     Awards
       Authorization
       1. The House bill refers to ``fiscal years 1196, 1997, 
     1998, and 1999.'' The Senate amendment refers to ``4 
     succeeding fiscal years.'' The House recedes with an 
     amendment authorizing FIE at $50,000,000.
     Gifted and Talented Students
       Findings
       The House bill refers to the standards ``high''; the Senate 
     amendment describes standards as ``challenging State content 
     standards and challenging State student performance 
     standards.''
       The House recedes.
       The Senate amendment, but not the House bill, notes the 
     experience gained should be used as a basis to ``provide all 
     students with important and challenging subject matter to 
     study and encourage the habits of hard work.''
       The House recedes.
       Definitions
       The House bill, but not the Senate amendment, defines 
     gifted and talented students as youth exhibiting a high 
     performance capability and require services or activities not 
     ordinarily provided by the school in order to fully develop 
     their capabilities.
       The House recedes.
       Construction
       The Senate amendment, but not the House bill, clarifies 
     that a ``recipient of funds under this part'' will not be 
     precluded from ``serving gifted students simultaneously with 
     students with similar educational needs, in the same 
     educational setting.''
       The House recedes.
     Establishment of Program
       Uses of Funds
       The Senate amendment, but not the House bill, refers to 
     parents involved in gifted and talented programs.
       The House recedes.
       The Senate amendment, but not the House bill, includes the 
     implementation of innovative strategies, such as cooperative 
     learning, peer tutoring and service learning as programs 
     using funding. The House recedes.
     Establishment of National Center
       Limitation
       The House bill states a limitation of not more than 30 
     percent of available funds in a fiscal year for a program 
     authorized by this section to carry out activities pursuant 
     to subsections (b)(5) or (c). The Senate amendment limits 
     programs authorized by this section and its activities 
     pursuant to subsection (b)(7) or (c) to not more than 
     $1,750,000. The Senate recedes.
       General Priority
       The House bill, but not the Senate amendment includes 
     ``such as mentoring and apprenticeship program.'' The Senate 
     recedes.
       Review, Dissemination, and Evaluation
       The House bill refers to ``results of projects''. The 
     Senate amendment refers to ``results of programs and 
     projects.'' The House recedes.
       The Senate amendment states that the programs shall be 
     evaluated under this part in accordance with section 10701. 
     The House bill states the programs will be evaluated under 
     this part. The House recedes.
       Administration
       The House bill states specific duties of the administrative 
     unit. The Senate amendment simply states that this 
     administrative unit shall serve as a ``focal point of 
     national leadership and information on mechanisms to carry 
     out the purpose of this part.'' The Senate recedes with an 
     amendment, moving the Senate language regarding a person in 
     the Department to administer these programs, ``The Secretary 
     . . . who shall'', replacing the House language ``The 
     Secretary shall . . .'', keeping the House's list of duties.
       Authorization of Appropriations
       The House bill authorizes appropriations of $10,000,000 for 
     fiscal year 1995 and such sums as may be necessary for each 
     of the fiscal years 1996, 1997, 1998, and 1999. The Senate 
     amendment authorizes appropriations of $20,000,000 for fiscal 
     year 1995, and such sums as may be necessary for each of the 
     4 succeeding fiscal years. The Senate recedes.
       The Senate amendment includes a trigger for appropriations, 
     the House bill does not. The senate recedes.
     Public Charter Schools
       The conferees intend that public entities authorized under 
     state law have some relation to education and be capable of 
     carrying out oversight, fiduciary and other administrative 
     requirements related carry out such a grant.
       Purpose
       The House bill refers to ``SEC. 3401. PURPOSE.'' The Senate 
     amendment refers to ``SEC. 8201. FINDINGS AND PURPOSE.'' The 
     House recedes.
       The House bill refers to ``those schools on improving 
     student achievement''. The Senate amendment refers to ``such 
     schools.'' The House recedes with an amendment inserting 
     ``student achievement,'' after ``students.''
       Findings
       The Senate amendment, but not the House bill, presents 
     findings on charter schools. The House recedes with 
     amendments striking ``new schools developed through such 
     process should be free to test'' at the beginning of 
     paragraph (3) and in inserting ``Charter Schools are a 
     mechanism for testing''; and inserting ``educationally 
     disadvantaged'' before students the first time it appears.
       Program Authorized
       The Senate amendment, but not the House bill, specifies 
     that applications be approved pursuant to section 8203 and in 
     accordance with this part. The House recedes.
       The Senate amendment refers to ``(b) SPECIAL RULE.--''. The 
     House has no such provision. The House recedes.
       Project Periods
       The Senate amendment, but not the House bill, creates two 
     subparts: ``GRANTS TO STATES'' and ``GRANTS TO ELIGIBLE 
     APPLICANTS.'' The House recedes.
       Limitation
       The Senate amendment, but not the House bill, refers to 
     ``and State educational agencies shall not award more than 
     one subgrant under this part.'' The House recedes.
       Applications
       The House bill heading reads in part ``APPLICATIONS 
     REQUIRED''. The Senate amendment reads in part ``APPLICATIONS 
     FROM STATE AGENCIES.'' The House recedes.
       The House bill and Senate amendment use different language 
     to convey the same provision. However, the Senate amendment, 
     but not the House bill, refers to ``and containing or 
     accompanied by such information as the Secretary may 
     require.'' The House recedes.
       The House bill, but not the Senate amendment, refers to 
     ``(b) SCOPE OF APPLICATION''. The House recedes.
       The House bill refers to ``(c) APPLICATION CONTENTS.--Each 
     such application shall include, for each charter school for 
     which assistance is sought--''. The Senate amendment refers 
     to ``(b) CONTENTS OF A STATE EDUCATIONAL AGENCY.--Each 
     application submitted pursuant to subsection (a) shall--''. 
     The House recedes.
       In paragraph (b)(1), the Senate amendment, but not the 
     House bill, provides that applicants describe which 
     objectives are to be fulfilled and how they will be 
     accomplished. The House recedes.
       In paragraph (3), the Senate amendment, but not the House 
     bill, establishes that agencies desiring to be awarded a 
     subgrant submit an application. The House recedes.
       The House bill refers to ``the local educational agency 
     that will authorize or approve the school's charter and act 
     as the grantee under this act''. The Senate amendment refers 
     to ``the authorized public chartering agency.'' The House 
     recedes.
       The House refers to ``local educational agency'' and ``the 
     school is successful''. The Senate amendment refers to 
     ``authorized public chartering agency'' and ``the school has 
     met the objectives described in subparagraph (C)(i).'' The 
     House recedes.
       The House bill, but not the Senate amendment, refers to ``a 
     description of any State or local rules, generally applicable 
     to public schools, that will be waived for, or otherwise not 
     apply to, the school.'' The Senate recedes.
       The Senate amendment, but not the House bill, refers to 
     ``subgrant funds or grant funds, as appropriate, will be 
     used, including a description of how such funds will be used 
     in conjunction with other Federal programs administered by 
     the Secretary.'' The House recedes.
       The Senate amendment, but not the House bill, refers to 
     ``and the State educational agency.'' The House recedes.
       The Senate amendment refers to ``and the State educational 
     agency in evaluating the program assisted under this part''. 
     The House bill refers to ``in evaluating the program 
     authorized by this part.'' The House recedes.
       The Senate amendment, but not the House bill, refers to 
     ``and the State educational agency.'' The House recedes with 
     an amendment inserting ``Consistent with Section 8202(b)'' 
     before ``Each''.
       The House bill heading in part reads ``STATE EDUCATIONAL 
     AGENCY APPROVAL REQUIRED.--'' The Senate amendment reads 
     ``APPLICATIONS FROM ELIGIBLE APPLICANTS.'' The House recedes 
     with an amendment striking ``Eligible Agency.''
       The Senate amendment, but not the House bill, details 
     content to be included in applications and the process by 
     which an application shall be submitted. The House recedes 
     with an amendment striking ``sentence'' and inserting 
     ``subsection.''
       Administration
       The Senate amendment, but not the House bill, provides for 
     the administration of the selection of applicants.
       The House recedes with an amendment inserting ``assisting 
     educationally disadvantaged and other students'' after ``make 
     to.''
       Selection of Grantees; Waivers
       The House bill refers to ``(a) CRITERIA.--The Secretary 
     shall select''. The Senate amendment refers to ``(b) 
     SELECTION CRITERIA FOR ELIGIBLE APPLICANTS.--The Secretary 
     shall award'' and includes ``submitted under section 8203, 
     after.'' The House recedes.
       The Senate amendment refers to ``State educational agency'' 
     and ``charter school''. The House bill refers to ``State'' 
     and ``school''. The House recedes.
       The House bill refers to ``the plan''. The Senate amendment 
     refers to ``the process.'' The House recedes with an 
     amendment changing ``process'' to ``strategy.''
       The House bill refers to ``school''. The Senate amendment 
     refers to ``charter school.'' The House recedes.
       Peer Review
       The Senate heading reads in part ``(c).'' The House reads 
     ``(b).'' The House recedes.
       The Senate amendment refers to ``assistance under this 
     part''. The House bill refers to ``grants under this 
     section.'' The House recedes.
       Diversity of Projects
       The Senate amendment, but not the House bill, refers to 
     ``such as approaches designed to reduce school size.'' The 
     House recedes.
       Waivers
       The Senate heading reads in part ``(e).'' The House reads 
     ``(d).'' The House recedes.
       Uses of Funds
       The House bill and Senate amendment headings differ 
     throughout this section. The House recedes.
       Allowable Activities
       The House bill refers to ``(B) acquiring necessary 
     equipment''. The Senate amendment refers to ``(ii) acquiring 
     necessary equipment and educational materials and supplies.'' 
     The House recedes.
       The Senate amendment, but not the House bill, permits minor 
     remodeling. The House recedes.
       The Senate, but not the House, includes ``ADMINISTRATIVE 
     EXPENSES'' and ``REVOLVING LOAN FUNDS.'' The Senate recedes.
       National activities
       The House bill refers to ``up to 10 percent of the funds 
     appropriated for this part''. The Senate amendment refers to 
     ``not more than 10 percent of the funds available to carry 
     out this part.'' The House recedes.
       The Senate amendment, but not the House bill, lists other 
     activities assisted under this part. The Senate recedes.
       Definitions
       The House bill, but not the Senate amendment, refers to 
     ``the following terms have the following means.'' The House 
     recedes with amendment striking ``(C).''
       In paragraph (B), the Senate amendment includes ``and is 
     operated under public supervision and direction.'' The House 
     recedes.
       In paragraph (C), The House bill refers to ``the local 
     educational agency applying for a grant on behalf of the 
     school''. The Senate amendment refers to ``the authorized 
     public chartering agency.'' The House recedes.
       In paragraph (I), the House refers to ``public schools''. 
     The Senate refers to ``schools.'' The House recedes.
       The House, but not the Senate, refers to ``(K).'' The 
     Senate recedes.
       The House bill and Senate amendment use different language 
     to convey the same provision in ``(3).'' The Senate recedes.
       The Senate, but not the House, defines ``authorized public 
     chartering agency.'' The House recedes.
       Authorization of Appropriations
       2. The House bill refers to ``the fiscal years 1996, 1997, 
     1998, and 1999.'' The Senate amendment refers to ``the 4 
     succeeding fiscal years.'' The House recedes with an 
     amendment inserting ``and approved by the Secretary'' after 
     ``state law.''
     Arts in Education
       Findings
       The Senate amendment but not the House bill finds that 
     participation in performing arts activities has proven to be 
     an effective strategy for promoting the inclusion of persons 
     with disabilities in mainstream settings. The House recedes.
       The Senate amendment but not the House bill finds that 
     opportunities in the arts have enabled persons of all ages 
     with disabilities to participate more fully in school and 
     community activities. The House recedes.
       The House bill, but not the Senate amendment, finds that 
     the arts can motivate at-risk students to stay in school and 
     become active participants in the educational process.
       The Senate recedes.
       Purpose
       The House bill states that a purpose of the bill is to help 
     ensure that all students have the opportunity to learn 
     challenging standards in the arts. The Senate bill refers to 
     State content standards and State student performance 
     standards. The House recedes.
       Eligible Recipients
       The Senate amendment, but not the House bill, includes 
     museums and other cultural institutions as eligible 
     recipients. The House recedes.
       Authorized Activities
       The Senate amendment, but not the House bill, includes as 
     an authorized activity supporting collaborative activities 
     with Very Special Arts. The House recedes.
       The House bill states that authorized activities include 
     supporting model projects and programs in the arts for 
     individuals with disabilities through arrangements with the 
     organization, Very Special Arts. The Senate amendment states 
     that authorized activities include supported 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. The House 
     recedes with an amendment, striking ``developed'' and ``of 
     all ages'' in paragraph (8).
       Coordination
       The Senate amendment, but not the House bill, includes Very 
     Special Arts. Technical difference. The House recedes.
       The Senate amendment, not the House bill, states that if 
     the amount appropriated for any fiscal year is $9 million or 
     less, such amount shall only be available to support 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 
     and such projects and programs in the performing arts for 
     children and youth through arrangements made with the John F. 
     Kennedy Center for the Performing Arts. The House recedes.
     Inexpensive Book Distribution Program
       Authorization
       The Senate amendment, but not the House bill, refers to 
     (RIF). The House recedes.
       Requirements of Contract
       The House bill refers to ``children up through high school 
     age, including those in family literacy programs.'' The 
     Senate amendment refers to ``children from birth through 
     secondary school age.'' The House recedes with an amendment, 
     adding ``including those in family literacy programs'' after 
     ``secondary school age.''
       The House bill, but not the Senate amendment, refers to 
     children with disabilities ``including those with serious 
     emotional disturbance.'' The House recedes.
       Definition of Federal Share
       The Senate amendment, but not the House bill, refers to 100 
     percent ``of such costs to the subcontractor.'' The House 
     recedes.
       The House bill states that the federal share ``shall not 
     exceed 75 percent.'' The Senate amendment states that the 
     federal share shall be 75 percent. The House recedes.
       The House bill authorizes $10.3 million for Fiscal Year 
     1995 and such sums for 1996, 1997, 1998 and 1999. The Senate 
     amendment authorizes $11 million for Fiscal 1995 and such 
     sums for each of the four succeeding fiscal years. The Senate 
     recedes.
     Civic Education
       General Authority
       The House bill says the Secretary ``shall.'' The Senate 
     amendment say the Secretary ``is authorized.'' The House 
     recedes.
       Contract or Grant Authorized
       The House bill refers to ``the program required by 
     paragraph (1). The Senate amendment refers to ``the program 
     described in paragraph (1). The House recedes.
       Special Rule
       The House bill refers to ``advanced training of teachers in 
     civics and government.'' The Senate amendment refers to 
     ``advanced training of teachers about the United States 
     Constitution and the political system the United States 
     created.'' The House recedes.
       The Senate amendment, but not the House bill, refers to a 
     course of instruction in the middle school level. The House 
     recedes.
       Program Established
       The House bill says the Secretary ``shall.'' The Senate 
     amendment says the Secretary ``is authorized.'' The House 
     recedes.
       The House bill refers to ``challenging content standards.'' 
     The Senate amendment refers to ``challenging State content 
     standards and challenging State student performance 
     standards.'' The House recedes.
       Authorized Activities
       The House bill refers to ``our system of government.'' The 
     Senate amendment refers to ``our Nation's system of 
     government.'' The House recedes.
       The Senate amendment, but not the House bill, refers to 
     ``respect for cultural diversity and acceptance of cultural 
     differences.'' The House recedes.
       Report
       The Senate amendment, but not the House bill, refers to 
     section 10701. The Senate recedes.
       Authorization of Appropriations
       The House bill authorizes $15 million for Fiscal 1995 and 
     such sums for 1996, 1997, 1998, and 1999. The Senate 
     amendment authorizes $20 million for Fiscal 1997 and such 
     sums for each of the succeeding four fiscal years. The Senate 
     recedes.
       The House bill allocates 40% for section 3701 and 60% for 
     section 3702. The Senate amendment allocates 50% for section 
     8251 and 50% for section 8252. The Senate recedes.
     Native Hawaiian Education
       Findings
       The Senate amendment, but not the House bill, notes the 
     decline in the Native Hawaiian population from 1778 to 1921. 
     The House recedes.
       The House bill, but not the Senate amendment, refers to the 
     Act of June 20, 1938, where the U.S. Congress acknowledged 
     the unique status of the Hawaiian people. The Senate recedes.
       The House bill, but not the Senate amendment, refers to the 
     U.S. establishing educational programs to benefit Native 
     Hawaiians. The Senate recedes.
       The House bill refers to ``the Native American Programs Act 
     of 1992, as amended'' and the ``National Historic Act 
     Amendments of 1992''. The Senate amendment refers to ``the 
     National Museum of the American Indian Act'', ``National 
     Historic Preservation Act'', and the ``Native American 
     Languages Act.'' The House recedes with an amendment to 
     combine the House and Senate provisions.
       The House bill lists the special provisions the U.S. 
     Congress has passed recognizing the trust relationship 
     between the U.S. and the Native Hawaiian people. The Senate 
     amendment simply states ``numerous special provisions of law 
     for the benefit of Native Hawaiians in the areas of health, 
     education, labor, and housing. The House recedes.
       The House bill, but not the Senate amendment, recognizes 
     that a lower educational attainment among Native Hawaiians 
     has been related to lower socioeconomic outcomes. The House 
     recedes.
       The House bill, but not the Senate amendment, indicates 
     that native Hawaiian students are disproportionately under-
     represented in Institutions of Higher Education. The House 
     recedes.
       The House bill, but not the Senate amendment, states that 
     Native Hawaiians are under-represented in traditional white 
     collar and health care professions, while being over-
     represented in service occupations. The House recedes.
       The Senate amendment, but not the House bill, refers to the 
     1988 enactment of title IV of the Augustus F. Hawkins-Robert 
     T. Stafford Elementary and Secondary School Improvement 
     Amendments of 1988. The House recedes.
       The House bill and the Senate amendment, in similar, yet 
     not identical, language refer to native Hawaiian children's 
     educational risk factors. The House recedes.
       The House bill, but not the Senate amendment, states 
     ``special efforts in education recognizing the unique 
     cultural and historical circumstances of Native Hawaiians are 
     required.'' The House recedes.
       The Senate amendment, but not the House bill, refers to the 
     under-representation of Native Hawaiians in institutions of 
     higher education and among adults who have completed four or 
     more years of college. The House recedes.
       The Senate amendment, but not the House bill, refers to 
     high retainment and absenteeism rates among Native Hawaiian 
     students. The House recedes.
       The Senate amendment, but not the House bill, states that 
     Native Hawaiian students are the highest drug and alcohol 
     users. The House recedes with amendment, adding ``in the 
     State of Hawaii'' after ``alcohol'' in paragraph (ii).
       The Senate amendment, but not the House bill, states that 
     Native Hawaiian children continue to be disproportionately 
     victimized by child abuse and neglect. The House recedes.
       The Senate amendment, but not the House bill, refers to the 
     23% of the students served by the State of Hawaii's 
     Department of Education and their residence in rural, 
     isolated areas. The House recedes.
       The Senate amendment, but not the House bill, refers to 
     contradictions between findings listed in paragraphs (1) 
     through (15) and the high rate of literacy and integration of 
     traditional culture and Western education achieved by Native 
     Hawaiians through a Hawaiian language-based public school 
     system. The House recedes.
       The Senate amendment, but not the House bill, refers to the 
     ``Native Hawaiian Educational Assessment Project'' released 
     in 1983 by the Office of Education to Congress and its 
     findings. The House recedes.
       The Senate amendment, but not the House bill, notes that 
     the Kamehameha Schools Bishop Estate released a ten-year 
     update of the Native Hawaiian Educational Assessment Project. 
     The House recedes.
       The Senate amendment, but not the House bill, mentions the 
     banning of Hawaiian medium schools. The House recedes.
       The Senate amendment, but not the House bill, refers to the 
     Native Hawaiians' determination to ``preserve, develop, and 
     transmit to future generations their ancestral territory.'' 
     The House recedes.
       The Senate amendment, but not the House bill, refers to the 
     distinct land rights of the Native Hawaiian people. The 
     Senate recedes.
       The Senate amendment, but not the House bill, mentions the 
     distinct land rights of Native Hawaiians and their unique 
     religious customs and beliefs. The House recedes.
       The Senate amendment, but not the House bill, recognizes 
     the traditional language of the Native Hawaiian people as an 
     official language of the State of Hawaii. The House recedes.
       Purpose
       The House bill states educational programs are to 
     ``assist'' Native Hawaiians in ``reaching the National 
     Educational Goals''. The Senate amendment simply states 
     educational programs are to ``benefit'' Native Hawaiians. The 
     Senate recedes.
       The Senate amendment, but not the House bill, refers to the 
     establishment of a Native Hawaiian Education Council and five 
     island councils. The House recedes.
       The House bill states the purpose of this part includes the 
     ``encouragement of maximum participation of Native Hawaiians 
     in planning and management of Native Hawaiian Education 
     Programs.'' The Senate amendment refers to this concept in 
     the findings. The Senate recedes.
       Establishment
       Both the House bill and the Senate amendment provide for a 
     Native Hawaiian Education Council. The Senate amendment, but 
     not the House bill, includes the provision for island 
     councils. The House recedes.
       Composition
       The Senate amendment, but not the House bill, states the 
     Education Council shall consist of not more than 25 members. 
     The House recedes.
       The House bill, but not the Senate amendment, states the 
     composition of the council shall consist of, ``but not be 
     limited to'', ``representatives of each of the programs which 
     receive Federal funding under this part''; ``a representative 
     from the Office of the Governor''; ``a representative from 
     the Office of Hawaiian Affairs''; ``representatives of other 
     Native Hawaiian Educational organizations and Native Hawaiian 
     organizations which receive Federal or state education 
     funds''; and ``parent, student, educator and community 
     organizations.'' The House recedes.
       The Senate amendment, but not the House bill, includes in 
     its member list, ``each recipient of funds from the Secretary 
     under this part''; a representative from the Office of 
     Hawaiian Affairs, Department of Education in Hawaii, and 
     specifically mentioned educational organizations. The House 
     recedes.
       The Senate amendment, but not the House bill, states a 
     representative will serve on the council from ``each Native 
     Hawaiian education island council established under 
     subsection (f).'' The House recedes.
       Conditions and Terms
       The House bill indicates that at least half of the members 
     shall be Native Hawaiians. The Senate amendment states that 
     at least three-fourths of the members shall be Native 
     Hawaiians. The House recedes.
       The House bill states that members of the Education Council 
     will serve for five year terms. The Senate amendment states 
     members will be appointed for three-year terms. The House 
     recedes.
       Duties and Responsibilities
       The House bill and the Senate amendment state the Education 
     Council will provide information to Congress. The Senate 
     amendment, not the House bill, specifically states particular 
     entities to which the reports will be delivered. The House 
     recedes.
       The House bill, but not the Senate amendment, states that 
     the Secretary shall, whenever practicable, consult with the 
     Council before taking any significant action related to the 
     education of Native Hawaiians. The House recedes.
       The Senate amendment, but not the House bill, refers to 
     island councils and the support the Education Council will 
     provide these councils. The House recedes.
       Administrative Provisions
       The House bill, but not the Senate amendment, makes a 
     statement that the Council will meet at the call of the 
     Chair, or upon the request of the majority of the Council. 
     The Senate recedes.
       The Senate amendment, but not the House bill, outlines the 
     purpose of the administrative grant for the Education 
     Council. The House recedes.
       Compensation
       The House bill, but not the Senate amendment, requires that 
     compensation for service will not be given to any member of 
     the Native Hawaiian Council. The Senate recedes.
       Report to Congress
       The House bill, but not the Senate amendment mandates a 
     report to Congress not later than 4 years after the date of 
     enactment of the Improving America's Schools Act. The Senate 
     recedes.
       Establishment of Island Councils
       The Senate amendment, but not the House bill, introduces 
     island councils and their composition. Specific 
     administrative provisions, compensation, report requirements, 
     and authorization of appropriations are described. The House 
     recedes.
       Application Required
       The Senate amendment, but not the House bill, articulates 
     the application required for a grant that is to be made to 
     the Secretary in order to carry out the provisions of this 
     part. The House recedes.
       Native Hawaiian Language Immersion Authority
       The House bill, but not the Senate amendment details a 
     state-wide effort to revitalize the Native Hawaiian language. 
     Administrative costs are set at no more than 7 percent of the 
     funds appropriated. Authorized appropriations are to be 
     $1,500,000 for fiscal year 1995 and such sums as may be 
     necessary for fiscal years 1996 through 1999. The House 
     recedes.
       Native Hawaiian Family-Based Education Centers
       The Senate amendment, but not the House bill, states 
     educational entities with ``experience'' in developing or 
     operating Native Hawaiian programs. The House bill does not 
     use ``experience.'' The House recedes.
       The House bill states that a minimum of eleven Family-Based 
     Education Centers throughout the Hawaiian Islands be 
     developed. The Senate amendment refers to no such minimum. 
     The House recedes.
       The Senate amendment, but not the House bill, articulates 
     that the programs of such centers ``may be conducted in 
     either the Hawaiian language, the English language, or a 
     combination thereof.'' The House recedes.
       Native Hawaiian Higher Education Demonstration Program
       The House bill, but not the Senate amendment, states that 
     the Secretary shall make grants to the Kamehameha Schools/
     Bernice Pauahi Bishop Estate. The Senate amendment 
     generalizes, stating grants will be given to Native Hawaiian 
     educational organizations. The House recedes.
       Mandatory Activities
       The Senate amendment, but not the House bill states 
     mandatory activities include full or partial fellowship 
     support for Native Hawaiian students enrolled in higher 
     institutions of education. The House bill simply says ``may 
     include.'' The Senate recedes.
       The Senate amendment, but not the House bill, includes 
     ``fellowship'' in its conditions of recipients. The Senate 
     recedes.
       The Senate amendment, but not the House bill, includes a 
     section titled ``Permitted Activities'' listing those which 
     the House bill mentions under no such subsection. The Senate 
     recedes.
       The House bill, but not the Senate amendment, has a section 
     titled ``Grants Authorized.'' The House recedes.
       The Senate amendment, but not the House bill, refers to the 
     completion of a baccalaureate program. The House recedes.
       The House bill, but not the Senate amendment, includes 
     ``within the State of Hawaii'' after ``Native Hawaiian 
     community.'' The House recedes.
       Special Rule
       The House bill, but not the Senate amendment, includes a 
     special rule that no policy be implemented to prevent a 
     Native Hawaiian student enrolled at a higher education 
     institution outside of the State of Hawaii from receiving a 
     fellowship. The Senate recedes.
       Authorization of Appropriations
       The House bill, but not the Senate amendment, authorizes 
     $1,500,000 for fiscal year 1995 and such sums may be 
     necessary for fiscal years 1996 through 1999 for funding 
     fellowship assistance demonstration project provided under 
     subsection (b). The House recedes.
       Native Hawaiian Gifted and Talented Program
       The House bill, but not the Senate amendment, states there 
     will be an establishment of a Native Hawaiian Gifted and 
     Talented Center at the University of Hawaii at Hilo. The 
     Senate amendment does not specify a program at the 
     University. The House recedes.
       The House bill, but not the Senate amendment, specifies 
     demonstration projects will be designed to address gifted and 
     talented students. The Senate amendment makes no reference to 
     demonstration projects. The House recedes.
       The House bill, but not the Senate amendment, details the 
     terms of the grant or contract. The House recedes.
       The House bill, but not the Senate amendment, states that 
     ``such grant or contract shall be subject to the availability 
     of appropriated funds and, contingent on satisfactory 
     performance by the grantee.'' The House recedes.
       Uses of Funds
       The Senate amendment, but not the House bill, specifies 
     ``Native Hawaiian'' gifted and talented students. The House 
     recedes.
       The House bill, but not the Senate amendment, incorporates 
     public television in meeting educational needs of gifted and 
     talented children. The House recedes.
       The Senate amendment, but not the House bill, refers to 
     coordination with ``other Native American gifted and talented 
     programs.'' The House recedes.
       Information Provision
       The House bill, but not the Senate amendment, states the 
     Secretary will establish a national network of Native 
     Hawaiian and American Indian Gifted and Talented Centers and 
     impart any information to the educational community. The 
     Senate recedes with an amendment striking ``shall'' and 
     inserting ``is authorized to''.
       The House bill provides $2,000,000 for fiscal year 1995 and 
     such necessary sums for fiscal years 1996 through 1999. The 
     Senate amendment provides $1,500,000 for fiscal year 1995, 
     and necessary sums for each of the succeeding 4 fiscal years. 
     The House recedes.
       Special Education Authority
       The House bill, but not the Senate amendment, refers to 
     Pihana Na Mamo, while the Senate amendment mentions general 
     educational organizations. The House recedes.
       The House bill uses ``children''; the Senate amendment uses 
     ``students.'' The House recedes.
       The Senate amendment, but not the House bill, refers to 
     emotional impairments. The House recedes with amendment, 
     striking ``learning'' and ``mental or physical disabilities, 
     emotional impairments.''
       The House bill, but not the Senate amendment, refers to 
     children at the elementary school level. The House recedes.
       The Senate amendment, but not the House bill, refers to 
     part B of the Education of Individuals with Disabilities 
     Education Act. The House recedes.
       The Senate amendment, but not the House bill, refers to 
     ``the conduct of educational, psychosocial, and developmental 
     activities'' of Native Hawaiian students. The House recedes.
       The Senate amendment, but not the House bill, refers to 
     ``appropriate research, evaluation, and related activities.'' 
     The House recedes.
       The House bill, but not the Senate amendment, refers to the 
     Secretary who may not make a grant or provide funds pursuant 
     to a contract under this subsection. The House recedes.
       The House bill, but not the Senate amendment, discusses 
     non-Federal contributions. The House recedes.
       Application Required
       The House bill, but not the Senate amendment, refers to an 
     ``application required'' to be submitted to the Secretary. 
     The Senate recedes.
       Definitions.
       The House bill and the Senate amendment have similar, but 
     not identical, language defining the term ``Native 
     Hawaiian''. The House bill states specifically ``a citizen of 
     the United States'', and a ``resident of the State of 
     Hawaii.'' The Senate recedes.
       The House bill states ``birth records of the State of 
     Hawaii'', where the Senate amendment merely states 
     ``certified birth records.'' The House recedes. The conferees 
     intend that genealogical records should be defined to include 
     birth, marriage and death records.
       The House bill, but not the Senate amendment, mentions the 
     term ``Secretary'' as meaning the Secretary of Education. The 
     House recedes.
       The House bill, but not the Senate amendment, refers to 
     ``demonstrated expertise in research and program 
     development.'' The Senate recedes.
       The House bill, but not the Senate amendment, includes the 
     definition of a ``Native Hawaiian Organization.'' The Senate 
     recedes.
       The House bill, but not the Senate amendment, includes the 
     term ``elementary school'' as meaning the same as indicated 
     section 9101 of the same act. The House recedes.
       The Senate amendment, but not the House bill, refers to the 
     definition of ``Native Hawaiian language'' and the term 
     ``Office of Hawaiian Affairs.'' The House recedes.
       The Senate amendment, but not the House bill, refers to the 
     definition of ``Native Hawaiian community-based 
     organization,'' The House recedes.
       The House bill, but not the Senate amendment, includes the 
     term ``local educational agency.'' The House recedes.
       The House bill, but not the Senate amendment, includes the 
     term ``secondary school.'' The House recedes.
       The Senate amendment, but not the House bill, includes 
     Native Hawaiian Curriculum Development, Teacher Training and 
     Recruitment Program. Specifics mentioned are curricular 
     development, preteacher training, inservice teacher training, 
     and teacher recruitment. Administrative costs are to be not 
     more than 7 percent of the funds appropriated for fiscal year 
     1995 and such necessary sums for each of the 4 succeeding 
     fiscal years. The House recedes, with an amendment: in 
     paragraph (b) PRIORITY: insert after ``(a) that'' a ``(1)'' 
     and insert after ``youth or'' a ``(2)'' and add after the end 
     of the sentence ``provided that entities receiving grants 
     awarded pursuant to (b)(2) of this subsection coordinate in 
     the development of new curricula''.
       The Senate amendment, but not the House bill, refers to 
     Native Hawaiian Community-Based Education Learning Centers. 
     Authorization appropriations are to be $1 million for FY 95, 
     and such sums as may be necessary for each of the 4 
     succeeding fiscal years. The House recedes.
       Allen J. Ellender Fellowship Program
       The House bill refers to ``physically challenged students, 
     visually- and hearing-impaired students.'' The Senate 
     amendment refers to ``students with disabilities.'' The House 
     recedes.
       Contents of Application
       The House bill refers to ``physically challenged students, 
     visually- and hearing-impaired individuals.'' The Senate 
     amendment refers to ``individuals with disabilities.'' The 
     House recedes.
       Authorization of Appropriations
       18. The House bill authorizes $4.4 million and such sums 
     for each of the fiscal years 1996, 1997, 1998, and 1999. The 
     Senate amendment authorizes $4.5 million for Fiscal year 1995 
     and such sums as may be necessary for each of the four 
     succeeding fiscal years. The Senate recedes.
       Territorial Education Improvement Program
       The House bill entitles the program the ``Territorial 
     Education Improvement Program. The Senate amendment entitles 
     the program the ``Territorial Teacher Training Program.'' The 
     Senate recedes with an amendment inserting ``deLugo'' in the 
     program title.
       The House bill, but not the Senate amendment, has 
     provisions for Findings and Purposes. The Senate recedes.
       Authorization
       The House bill authorizes $5 million for each of the fiscal 
     years 1994 through 1999. The Senate amendment authorizes $2 
     million for Fiscal Year 1995 and such sums for each of the 
     succeeding four fiscal years. The Senate recedes with an 
     amendment changing the authorization from $5 million to $3 
     million.
       Grant Authorization
       The House bill authorizes ``an education improvement 
     program.'' The Senate amendment refers to ``assisting teacher 
     training programs.'' The Senate recedes.
       The House bill authorizes ``an education improvement 
     program''. The Senate amendment refers to ``assisting teacher 
     training programs.'' The Senate recedes.
       The House bill refers to ``Palau until the effective date 
     of the Compact of Free Association with the Government of 
     Palau.'' The Senate amendment refers to ``Palau.'' The Senate 
     recedes.
       The House bill refers to the ``Northern Mariana Islands.'' 
     The Senate amendment refers to ``the Commonwealth of the 
     Northern Mariana Islands.'' The House recedes.
       The Senate amendment also includes the Republic of the 
     Marshall Islands and the Federated States of Micronesia. The 
     House recedes.
       The House bill refers to making ``grants to fund innovative 
     education improvement programs which will increase student 
     learning.'' The Senate amendment refers to ``grants or 
     contracts with any organization considered qualified to 
     providing training for teachers in such schools and shall 
     allot such sums among such territories on the basis of the 
     need for such training.'' The Senate recedes.
       The House bill contains a section on restrictions. The 
     Senate recedes.
       Blue Ribbon Schools Program
       The Senate amendment, but not the House bill, contains a 
     provision authorizing a $1 million Blue Ribbon Schools 
     program. The Senate recedes with an amendment to move this to 
     the Fund for the Improvement of Education.
       National Student and Parent Mock Election
       The Senate amendment, but not the House bill, contains a 
     provision authorizing a $125,000 National Student and Parent 
     Mock Election Program. The House recedes with an amendment to 
     place program in FIE and with an amendment in paragraph (a) 
     to strike ``in'' after ``grants'' and to strike ``election'' 
     after ``every'' and to strike the authorization of 
     appropriations in subsection (c).
       Elementary School Counseling Demonstration
       The Senate amendment, but not the House bill, contains a 
     provision authorizing $1 million for an Elementary School 
     Counseling Demonstration Act. The House recedes with an 
     amendment, moving this program to FIE.
       Model Projects
       The Senate amendment, but not the House bill, contains a 
     provision authorizing $5 million for a Model Projects program 
     for grants to cultural institutions for outreach activities 
     for at-risk children.
       The House recedes with an amendment moving this program to 
     FIE and striking the authorization of appropriations in 
     subsection (c).
       Extended Time for Learning
       The Senate amendment, but not the House bill, contains a 
     provision authorizing $20 million for an Extended Time for 
     Learning program.
       Longer School Year
       The Senate amendment, but not the House bill, contains a 
     provision authorizing $100 million for a Longer School Year 
     incentive program.
       Creating Smaller Learning Communities
       8. The Senate amendment, but not the House bill, contains a 
     provision authorizing $20 million for a Creating Smaller 
     Learning Communities program. The House recedes with an 
     amendment moving this program to FIE.
       Partnerships in Character Education Pilot Project
       The Senate amendment, but not the House bill, contains a 
     provision authorizing $6 million for a Partnerships in 
     Character Education Pilot Project. The House recedes with an 
     amendment moving the program to FIE. See attached language at 
     back.
       Alaska Native Education
       The Senate amendment, but not the House bill, contains a 
     provision authorizing $5 million for an Alaska Native 
     Education program, $2 million for an Alaska Native Home Based 
     Education for Preschool Children program, and $1,000,000 for 
     an Alaska Native Student Enrichment Program. The House 
     recedes, moving the provision to a new Title IX.
       Promoting Scholar-Athlete Competitions
       The Senate amendment, but not the House bill, contains a 
     provision authorizing $1 million for a program to promote 
     Scholar-Athlete Competitions. The House recedes with an 
     amendment to move it to FIE with language to appear as 
     follows: ``The Secretary is authorized to award a grant to a 
     non-profit organization to reimburse such organization for 
     the costs of conducting scholar-athlete games to be held in 
     1995. In awarding the grant the Secretary shall give priority 
     to a non-profit organization that (A) is described in section 
     501(c)(3) of, and exempt from taxation under section 501(a) 
     of, the Internal Revenue Code of 1986, and is affiliated with 
     a university capable of hosting a large educational, 
     cultural, and athletic event that will serve as a national 
     model; (B) has the capability and experience in administering 
     federally funded scholar athlete games; (C) has the ability 
     to provide matching funds, on a dollar-for-dollar basis, from 
     foundations and the private sector for the purpose of 
     conducting a scholar-athlete program; which has the 
     organizational structure and capability to administer a model 
     scholar-athlete program in the summer of 1995; (E) has the 
     organizational structure and expertise to replicate the 
     scholar-athlete program in various venues throughout the 
     United States in 1996 and thereafter, as replicate such 
     program internationally; and (F) has plans for conducting 
     scholar-athlete games after 1995 without federal 
     assistance.''
       Cultural Partnershps for At-Risk Children and Youth Act of 
           1994
       The House bill part is entitled ``Community Arts 
     Partnership Act of 1994'' while the Senate amendment part is 
     entitled ``Cultural Partnerships for At-Risk Children and 
     Youth Act of 1994.'' The House recedes.
       The House bill refers only to the inadequacy of arts 
     programs available for children in schools; the Senate 
     amendment refers to ``arts and cultural programs available 
     for children and youth.'' The House recedes.
       The House bill, but not the Senate amendment, finds that 
     the art promote progress in academic subjects as shown by 
     research conducted by the National Endowment for the Arts. 
     The Senate recedes.
       The House bill, but not the Senate amendment, finds that 
     the arts access multiple human intelligences and develop 
     higher-order thinking skills. The House recedes.
       The House bill, but not the Senate amendment, finds that 
     the ``arts generate self-esteem and positive emotional 
     responses to learning.'' The Senate recedes with an amendment 
     deleting 3502(a)(4) and inserting in lieu thereof: ``Learning 
     in the arts and humanities promotes progress in other 
     academic subjects, and generates positive self-esteem and a 
     greater sense of accomplishment in young people.''
       The House bill states only that ``children who receive 
     instruction in the arts remain in school longer and are more 
     successful than children who do not receive such 
     instruction''; the Senate amendment refers to children and 
     youth who receive instruction in the arts and humanities, or 
     who are involved in cultural activities. The House recedes.
       The Senate amendment, but not the House bill, finds that 
     ``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.'' The House recedes with an amendment 
     inserting ``and school-cultural institution'' after ``school-
     university'' and inserting a new paragraph after Senate 
     section 11102(4) stating: ``The Goals 2000: Educate America 
     Act, other legislation and local, state and national 
     resources support the integration of the arts and humanities 
     into the regular curriculum and school day of all children. 
     While all children benefit from this instruction in the arts 
     and the humanities, at-risk children and youth have a 
     special, additional need for arts and cultural programs both 
     in school and after school.''
       The Senate amendment, but not the House bill, finds that 
     museum outreach, cultural activities and informal education 
     for at-risk children and youth have contributed significantly 
     to their educational achievement. The House recedes.
       The House bill includes a statement of purpose, the Senate 
     amendment does not. The Senate amendment part is entitled 
     ``Subgrants'' and involves grants from a Committee. The 
     Senate recedes.
       The House bill part is titled ``Grants Authorized,'' the 
     Senate amendment is titled ``Award of Subgrants.'' The Senate 
     recedes.
       The House bill states that the ``Secretary is authorized to 
     award grants to eligible entities to pay the Federal share of 
     the costs of activities'' authorized under this title. The 
     Senate amendment states that the Committee shall award 
     subgrants to eligible entities. The Senate recedes.
       The House bill part is entitled ``Special Requirements'' 
     and states that the Secretary shall award grants under this 
     Act to programs; the Senate amendment contains no such 
     statement. The Senate recedes.
       The House bill permits the Secretary to award grants to 
     ``programs designed to promote educational and cultural 
     services''; the Senate speaks of ``promoting and enhancing 
     educational and cultural activities.'' The House recedes.
       The House bill permits the Secretary to award grants to 
     programs designed to provide multi-year services to at-risk 
     children and youth; the Senate amendment contains no such 
     part. The Senate recedes with an amendment inserting ``and to 
     integrate community cultural resources into in-school and 
     after-school educational programs;'' after ``children and 
     youth.''
       The Senate amendment, but not the House bill refers to a 
     Committee which shall award subgrants to improve educational 
     performance. The Senate recedes with an amendment striking 
     all of Senate section 11103(a)(2).
       The House bill, but not the Senate amendment, permits the 
     Secretary generally to award grants to programs designed to 
     serve the needs of at-risk children and youth. The House 
     recedes.
       The House bill permits the Secretary to award grants for 
     programs designed to provide integration of community 
     cultural resources in the regular curriculum; the Senate 
     amendment speaks of integration into the regular curriculum 
     and the school day. The House recedes.
       The House bill permits the Secretary to award grants to 
     programs designed to ``provide effective cultural linkages 
     from preschool programs,'' including preschool grants under 
     the Individuals with Disabilities Education Act, to 
     elementary schools. The Senate amendment refers to the 
     provision of 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.'' The House 
     recedes.
       The Senate amendment, but not the House bill, states that 
     facilitation of school to work shall be done through 
     educational programs and activities that utilize school 
     resources. The House recedes.
       The House bill permits the Secretary to award grants to 
     programs designed to increase parental and community 
     involvement in the development of at-risk youth. The Senate 
     amendment states that such development shall be of at-risk 
     children and youth. The House recedes.
       The House bill permits the Secretary to award grants to 
     programs designed to ``replicate programs and strategies that 
     provide high quality coordinated educational and cultural 
     services and that are designed to integrate such coordination 
     into the regular curriculum.'' The Senate amendment refers to 
     the development of such programs and strategies that are 
     designed also to replicate the services in other schools. The 
     House recedes with an amendment striking Senate section 
     11103(c)(1)(G)(ii) and inserting in lieu thereof: ``provide a 
     model to replicate these services in other schools and 
     communities.''
       The Senate amendment, but not the House bill, refers to a 
     Demonstration Program and states that the Secretary shall 
     award all funds appropriated under this title to the 
     Committee. The House recedes with an amendment striking 
     Senate section 1103(a)(1) and inserting in lieu thereof a 
     paragraph entitled ``Partnership'' and stating: ``An 
     interagency partnership comprised of the Secretary of 
     Education, the Chairman of the National Endowment for the 
     Humanities, the Chairman of the National Endowment for the 
     Arts, and the Director of the Institute of Museum Services, 
     or their designees, shall establish criteria and procedures 
     for awarding grants, including the establishment of panels to 
     review the applications, and shall administer the grants 
     program authorized by this Section. The Secretary shall 
     publish such criteria and procedures in the Federal 
     Register.''
       The Senate amendment states that the Committee may reserve 
     up to 5% of grant funds for administration and that grant 
     recipients may also reserve 5% of grants for administration. 
     The House bill has no such provisions. The House recedes with 
     an amendment striking the word ``Committee'' and inserting in 
     lieu thereof the word ``Secretary.''
       The House bill part is entitled ``Requirement of 
     Coordination'' and refers to grants received by the members 
     of the partnership for purposes and target populations 
     described into an integrated service delivery system located 
     at a school, cultural, or other community-based site 
     accessible to and utilized by at-risk youth. The Senate 
     amendment is entitled ``Coordination'' and does not refer to 
     such an integrated service delivery system. The Senate 
     recedes with an amendment eliminating ``Requirement of'' in 
     the title of the subsection.
       The House bill part is entitled ``Duration'' and states 
     that grants made under this part may be renewable upon the 
     Secretary's determination of satisfactory progress for a 
     maximum of 5 years. The Senate amendment part is entitled 
     ``Renewal'' and states that the Committee is to make the 
     determination of satisfactory progress. The Senate recedes.
       The House bill states that the ``Secretary shall ensure an 
     equitable geographic distribution'' and an ``edquitable 
     distribution to both urban and rural areas with a high 
     proportion of at-risk youth.'' The Senate bill states that 
     the ``Committee, to the extent feasible, shall ensure an 
     equitable geographic distribution of subgrants.'' The House 
     recedes with an amendment striking the word ``Committee'' and 
     replacing it in lieu thereof with the word ``Secretary.''
       The House bill part is entitled ``Eligibility'' and the 
     subpart entitled ``Services for In-School Youth; the Senate 
     amendment is entitled ``Eligible Entities.'' The House 
     recedes with an amendment adding ``and after school'' after 
     ``in-school'' in Senate section 11103(a)(3)(A).
       The House bill defines an ``eligible entity'' as a 
     partnership between a Title I eligible LEA and an institution 
     of higher education or cultural entity located within or 
     accessible to the boundaries of the LEA. The Senate amendment 
     defines an ``eligible entity'' to include an individual 
     school eligible to participate in a schoolwide program, 
     explicitly makes museums and local arts agencies eligible for 
     such partnerships and requires that the entity partnering 
     with a school or LEA be accessible to individuals within the 
     local school district. The House recedes.
       The House bill, but not the Senate amendment, explicitly 
     permits ``libraries, performing, presenting and exhibiting 
     arts organizations; literary arts organizations'' and local 
     arts organizations to enter into partnerships. The Senate 
     amendment, but not the House bill explicitly includes 
     cultural institutions and local arts agencies. The Senate 
     recedes with an amendment adding ``state and'' prior to the 
     phrase ``local arts organizatins,'' and an amendment adding 
     ``cultural institutions;'' before the word zoological.
       The House bill requires that ``private for-profit 
     entities'' have a history of training children and youth in 
     the arts. The Senate amendment specifies an ``effective 
     history of training'' such individuals in the arts or 
     humanities. The House recedes with an amendment striking the 
     word ``effective.''
       The House bill makes Title 1 eligible for partnerships for 
     out of school youth. The senate amendment permits any LEA or 
     schoolwide program eligible school to be so qualified. The 
     House recedes with an amendment striking Senate section 
     11103(a)(3)(b).
       The Senate amendment, but not the House bill, states that 
     the families of students shall only be served ``to the extent 
     practical.'' The House recedes.
       The House bill, but not the Senate amendment includes in 
     its target population out-of-school youth at risk of having 
     limited future options as a result of teenage pregnancy, 
     family migration or being a high school dropout. The Senate 
     amendment refers to out-of-school children and youth at risk 
     of disadvantages resulting from dropping out of school. The 
     House recedes.
       The House bill refers to at-risk youth; the Senate 
     amendment refers to at-risk children and youth. The House 
     recedes.
       The House bill refers to ensuring the smooth transition of 
     preschool children to elementary school, the Senate amendment 
     refers to fostering such a transition. The House recedes.
       The House bill includes as authorized activities, work with 
     existing school personnel to develop curriculum materials and 
     programs in the arts. The Senate amendment refers only to 
     curriculum materials, not programs, in the arts. The Senate 
     recedes.
       The House bill includes as authorized activities, work with 
     existing school personnel on staff development activities 
     that encourage the integration of the arts into the 
     curriculum. The Senate amendment does not refer to work with 
     such school personnel. The Senate recedes.
       The Senate amendment and the House bill refer to stipends 
     for arts and humanities professionals to work with at-risk 
     children and youth in schools. The House recedes with an 
     amendment to Senate Section 11104(a)(8) striking the word 
     ``arts'' and inserting in lieu thereof the word ``artists.''
       The Senate amendment, but not the House bill, refers to 
     training individuals who are not trained to work with 
     children and youth. The House recedes.
       The House bill refers to stipends for local artists work 
     with at-risk children and youth; the Senate amendment refers 
     to arts and humanities professionals working with such at-
     risk individuals. The House recedes.
       The House bill states that the arts should be used to 
     reform school practices; the Senate amendment refers to the 
     arts and culture. The House recedes.
       The House bill refers to appropriate equipment and 
     necessary supplies. The Senate amendment refers to 
     appropriate equipment or supplies. The House recedes.
       The House bill requires the Secretary to give priority to 
     eligible entities providing services beyond traditional 
     school hours and refers to year round programs that provide 
     services in the evenings and on weekends. The Senate version 
     gives discretion to the Committee as to whether to give 
     priority to programs extending beyond traditional school 
     hours and does not refer to year round programs. The Senate 
     recedes with an amendment striking Senate section 
     11103(c)(5).
       The Senate amendment establishes a Committee comprised of 8 
     members of whom 2 shall be appointed by the Secretary of 
     Education, 2 by the National Endowment for the Arts, 2 by the 
     National Endowment for the Humanities and 2 by the Institute 
     of Museum Services. The House bill contains no such 
     provision. The Senate recedes.
       The House bill part is entitled ``Planning Grants,'' the 
     Senate amendment is entitled ``Planning Subgrants.'' The 
     Senate recedes.
       The House bill refers to applications made to the 
     Secretary, the Senate amendment refers to awards by the 
     Committee. The Senate recedes.
       The House bill refers to applications made to the 
     Secretary. The Senate amendment refers to applications made 
     to the Committee. The Senate recedes.
       The Senate amendment, but not the House bill, refers to 
     applications submitted to the Committee. The Senate recedes.
       The Senate amendment, but not the House bill, permits an 
     individual school to apply for grants under this title. The 
     House recedes.
       The House bill, but not the Senate amendment, requires that 
     applications describe the nature and location of sites where 
     services will be delivered and a description of those 
     services. The Senate recedes.
       The Senate amendment, but not the House bill, requires that 
     applications describe the training that will be provided to 
     individuals who are not trained to work with children and 
     youth and how teachers will be involved. The House recedes.
       The House bill states that the amount of a grant may not be 
     less than $100,000 nor more than $500,000 in the first year. 
     The Senate amendment states that subgrants awarded under this 
     title shall be of sufficient size, scope and quality to be 
     effective. The House recedes.
       The Senate amendment, but not the House bill, permits that 
     the 20% of the non-federal share of programs required may 
     include the provision of equipment. The House recedes.
       The House bill, but not the Senate amendment restrict the 
     scope of this section to amounts that exceed the amounts 
     expended for such activities in the year preceding the year 
     for which the grant is awarded. The Senate recedes.
       The Senate amendment, but not the House bill, requires that 
     the Secretary disseminates information concerning successful 
     models under this title in consultation with the Committee. 
     The House recedes with an amendment striking the language of 
     Senate Section 11107 and inserting in lieu thereof: ``The 
     Secretary, in consultation with the Chairman of the National 
     Endowment for the Humanities, the Chairman of the National 
     Endowment for the Arts and the Director of the Institute of 
     Museum Services, or their designees, shall submit successful 
     models under this Title to the National Diffusion Network for 
     its review.''
       The House bill authorizes $75 million for FY 1995 and such 
     sums as may be necessary for the each of fiscal years 1996, 
     1997, 1998, 1999. The Senate bill authorizes $25 million for 
     FY 1995, and such sums as may be necessary for each of the 4 
     succeeding fiscal years. The House recedes with an amendment 
     striking the term $20,000,000'' and placing in lieu thereof 
     ``$45,000,000.''
       The Senate amendment but not the House bill requires that 
     before any appropriations are made for this title, $177 
     million shall be appropriated for the National Endowment for 
     the Humanities, $170 million shall be appropriated for the 
     National Endowment for the Arts and $28 million shall be 
     appropriated for the Institute of Museum Services. The Senate 
     recedes.
       The Senate amendment, but not the House bill, states that 
     the Committee shall award subgrants under this title so as to 
     ensure nonduplication of services provided by subgrant 
     recipients and services provided by the National Endowment 
     for the Humanities, the National Endowment for the Arts, and 
     the Institute for Museum Services. The House recedes with an 
     amendment deleting the words ``subgrant'' and ``subgrants'' 
     where they appear and inserting in lieu thereof ``grant'' or 
     ``grants'' respectively and deleting the word ``Committee'' 
     and inserting in lieu thereof the word ``Secretary.''
       The Senate amendment, but not the House bill, states that 
     the Committee is to establish and transmit to the Secretary 
     criteria and procedures for awarding subgrants under this 
     Title. The Secretary is to publish such criteria and 
     procedures in the Federal Register. The Senate recedes.
       The Senate amendment but not the House bill requires the 
     involvement of a certified teacher or trained instructor in 
     carrying out the activities of a subgrant. The Senate 
     recedes.

                         Statement of Managers


                        National Writing Project

       1. The House bill, but not the Senate amendment, amends 
     Section 201 of the National Writing Project provisions.
       The House recedes.
       2. The House bill eliminates a finding in current law which 
     states that only 25 percent of 11th grade students have 
     adequate analytical writing skills, and replaces that 
     provision with (2), which states that the writing problem has 
     been magnified by the rapidly changing student populations 
     and the growing number of at-risk students due to limited 
     English proficiency.
       The Senate recedes.
       3. The House bill amends current law finding to read as 
     follows:
       ``(6) 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.''
       The Senate recedes.
       4. The House bill amends finding (10) in current law by 
     giving examples of fields in which the National Writing 
     Project has become a model from programs to improve teaching.
       The Senate recedes.
       5. The House bill amends current law finding (15) by 
     changing the number of teachers seeking NWP training from 
     85,000 to 100,000. The House bill also strikes the statement 
     that these teachers seek training through word of mouth 
     endorsements from other NWP teachers, and instead, states 
     that they seek the training through one of the 154 regional 
     sites located in 45 States, the Commonwealth of Puerto Rico, 
     and in 4 sites that serve U.S. teachers teaching in U.S. 
     dependent and independent schools. The Senate recedes.
       6. The House bill eliminates a finding (17) in current law 
     which states that 13 National Writing Project sites in 8 
     different states have been discontinued in 1988 due to lack 
     of funding.
       The Senate recedes.
       7. The House bill adds two new findings to current law 
     findings stating that independent evaluation studies have 
     found the NWP to be highly cost effective and that during 
     1991, the first year of Federal support for the NWP, 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.
       The Senate recedes.
       8. The Senate amendment adds a new provision to Section 
     202(a) which authorizes grants to coordinate activities 
     assisted under this section with activities assisted under 
     Part A--Eisenhower Professional Development Program. The 
     House bill has no comparable provision.
       The House recedes.
       9. Both the House bill and the Senate amendment make 
     identical changes to 202(d)--Federal Share such that the 
     subsection reads as it is laid out here on the Senate 
     version.
       The House recedes.
       10. Technical changes in House bill changing ``to enable'' 
     as written in Senate amendment to ``to pay the Federal share 
     of the cost of enabling''.
       The Senate recedes.
       11. The House bill,but not the Senate amendment, adds a new 
     paragraph (4) which provides that for the purpose of this 
     subsection, the term ``Federal share'' means, with respect to 
     the costs of activities assisted under this subsection, 50 
     percent of such costs to the elementary or secondary school 
     teacher.''
       The Senate recedes.
       12. The House bill, but not the Senate amendment both make 
     changes to current law section (g)--Evaluation. The Senate 
     amendment provides that 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. The House bill does not 
     specify ``by grant or contract'', and refers to programs 
     assisted under this section.
       The House recedes.
       13. The House bill does not the Senate amendment adds a 
     subsection (2) entitled Funding Limitation, which provides 
     that the Secretary shall reserve not more than $150,000 from 
     the total amount appropriated pursuant to the authority of 
     subsection (i) for fiscal year 1994 and the 4 succeeding 
     fiscal years to conduct the evaluation described in paragraph 
     (1).
       The Senate recedes.
       14. The House bill makes technical changes to current law, 
     section (h) entitled Research and Development Activities, and 
     provides that the National Writing Project shall make grants 
     to individuals and institutions of higher education that 
     either have participated in a National Writing Project 
     institute or are institutions designated as NWP sites, to 
     enable such individuals and institutions to conduct research 
     activities involving the teaching of writing. [Under current 
     law, this provision provides that the Secretary, through 
     OERI, shall make grants to individuals and institutions of 
     higher education to conduct research activities involving the 
     teaching of writing.] The Senate amendment eliminates this 
     entire section.
       The House recedes.
       15. The House bill adds a new provision, (2) entitled 
     Application Review, which provides that the National Writing 
     Project shall establish a National Review Board.
       The Senate recedes.
       16. The House bill, but not the Senate amendment, updates 
     subsection (i) by authorizing for the National Writing 
     Project $10,000,000 for FY 1994 and such sums as may be 
     necessary for each of the four succeeding fiscal years. The 
     House bill also amends paragraph (2) of subsection (i) to 
     provide that in each fiscal year in which the appropriation 
     equals or exceeds $10,000,000, there are authorized to be 
     appropriated $500,000 to carry out subsection (h). The Senate 
     amendment authorizes to be appropriated for the National 
     Writing Project $4,000,000 for FY 1995, and such sums. The 
     Senate amendment does not have a corresponding provision for 
     R&D appropriations because it eliminated that provision.
       The House recedes.
       17. The House bill maintains current law by requiring the 
     Secretary to give priority to junior researchers and to award 
     at least 25 percent of the funds received to junior 
     researchers. The House bill also eliminates a provision 
     requiring the Secretary to make available to the National 
     Writing Project and other information dissemination networks 
     the findings of the research conducted through OERI. The 
     Senate amendment eliminates these provisions.
       The House recedes.


                title xi--coordinated services projects

       The House bill includes a separate title in ESEA which 
     allows local educational agencies to use up to 5 percent of 
     the funds they receive under ESEA programs (see the ESEA 
     general provisions side-by-side) for the coordination of 
     social, health and education services necessary for students 
     to succeed in school and for their families to take an active 
     role in ensuring that children receive the best possible 
     education; the Senate amendment allows targeted assistance 
     schools to use Title I funds for similar purposes (see the 
     Title I side-by-side).
       The Senate recedes.


              title xii--School facilities infrastructure

     Findings
       1. Both the House bill and the Senate amendment have a 
     Title relating to school facilities: The House has a loan 
     program called ``School Facilities Improvement Act,'' while 
     the Senate has a grant program called ``Education 
     Infrastructure.''
       The Senate recedes with amendment inserting 
     ``infrastructure'' after ``Facilities.''
       2. The Senate amendment, but not the House bill, has a 
     short title.
       Legislative Counsel.
       3. The House bill finds that according to a 1991 survey 
     conducted by the American Association of School 
     Administrators, 74 percent of all public school buildings in 
     the United States need to be replaced.
       The Senate recedes.
       4. The House bill finds that almost one-third of such 
     buildings were built prior to World War II.
       The Senate recedes.
       5. The House bill finds that it is estimated that 1 out of 
     every 4 public school buildings in the U.S. is in inadequate 
     condition, and of such buildings, 61 percent need maintenance 
     or major repairs, 43 percent are obsolete, 42 percent contain 
     environmental hazards, 25 percent are overcrowded, and 13 
     percent are structurally unsound.
       The Senate recedes.
       6. The House bill finds that large numbers of local 
     educational agencies have difficulties securing financing for 
     school facility improvement.
       The Senate recedes with amendment adding ``school libraries 
     and media centers.''
       7. The Senate amendment finds that improving the quality of 
     public elementary and secondary school libraries, media 
     centers, and facilities will help our Nation meet the 
     National Education Goals.
       The House recedes with amendment striking ``libraries, 
     media centers and facilities'' and adding an ``s'' on the end 
     of ``school.''
       8. The Senate amendment finds that 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.
       The House recedes with amendment striking libraries, media 
     centers and facilities and adding an ``s'' on the end of 
     ``school.''
       9. The Senate amendment finds that the challenge 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.
       The House recedes.
     Purpose
       10. The purpose in the House bill is to leverage limited 
     federal funds to enable LEAs to finance the costs of 
     improving school facilities. The purpose in the Senate 
     amendment is to help our nation meet the National Education 
     Goals through the repair, renovation, alteration, and 
     construction of public school libraries, media centers, and 
     facilities used for academic or vocational instruction.
       The House recedes with an amendment striking ``through the 
     repair . . .'' through the end of the paragraph, ending with 
     the word ``instruction'', and replacing it with language from 
     the House provision, such that the paragraph now reads:
       ``It is the purpose of this title to help our Nation meet 
     the National Education Goals through the provision of federal 
     funds to enable local educational agencies to meet the costs 
     associated with the improvement of schools within their 
     jurisdiction.''
       11. The House authorizes a loan program for construction, 
     reconstruction, or renovation of schools; the Senate 
     authorizes a grant program for the activities described in 
     section 15008 of the Senate amendment.
       The House recedes.
     Reservation of Funds for Indian Schools
       12. The Senate amendment, but not the House bill, allows 
     the Secretary to reserve not more than 1% of the 
     appropriations for Indian schools.
       The House recedes.
     Eligible LEAs and Criteria
       13. Under the House bill, an LEA is eligible if it is 
     eligible for a Concentration Grant under section 1124A of the 
     House bill. Under the Senate amendment, an LEA is eligible if 
     at least 15 percent of its children are poor if at least 90 
     percent of its property is owned by the Federal Government 
     (as defined under the Impact Aid provisions of the Senate 
     amendment). To be eligible under the Senate amendment, an LEA 
     must also demonstrate urgent need.
       The House recedes.
       14. The House bill, but not the Senate amendment, has a 
     provision stating that the Secretary may provide assistance 
     for construction only if it will be undertaken in an 
     economical manner.
       The House recedes.
       15. The Senate amendment further defines an eligible LEA as 
     one which demonstrates in the application submitted under 
     section 15006 that such agency 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.
       The House recedes with amendment striking libraries, media 
     centers, and facilities and adding an ``s'' after ``school.''
       16. The Senate amendment, but not the House bill, 
     classifies eligible LEAs into 6 award categories based on 
     district enrollment.
       The House recedes.
     Priorities/Criteria
       Note 17. The House bill lists priorities for approving 
     loans. The Senate amendment lists criteria for awarding 
     grants.
       The House recedes with an amendment changing ``including'' 
     to ``such as'' and moving (2), (3) and (4) to the Senate list 
     under ``(a) Criteria'', so that the criteria list includes 
     the following:
       1. High numbers or percentages of poor children;
       2. school district's lack of fiscal capacity;
       3. the threat that the condition of facilities poses to 
     safety of students;
       4. demonstrated needed construction;
       5. the age of the facility to be renovated or replaced; and
       6. other criteria the Secretary determines to be necessary.
       Note 18. The Senate amendment lists a criteria for 
     allocating funds among the six categories of LEAs: 1) 
     relative numbers or percentages of poor children, and 2) 
     relative costs of carrying out activities under this title.
       The House recedes with amendment adding after ``among'' the 
     words ``each of'' and striking the word ``category'' and 
     changing it to ``categories''; striking the words ``after 
     considering such factors as'' and inserting ``including'' 
     after the word ``appropriate,'' so that the section reads:
       ``(2) ALLOCATION AMONG CATEGORIES--The Secretary shall 
     allocate funds under this title among each of the categories 
     described in paragraph (1) on such basis as the Secretary 
     determines is appropriate, including:
       (A) The relative numbers or percentages of students counted 
     under section 1123(c)(1); and
       (B) the relative costs of carrying out activities under 
     this title in eligible local educational agencies in each 
     such category.''
     Loans/Grants--On Hold
       19. The House bill allows the Secretary to determine the 
     maximum loan amount for each recipient based on the total 
     development cost of the facility. The Senate amendment 
     requires that the Secretary determine a maximum grant amount 
     for each category of LEAs.
       The House recedes.
       20. Under the House bill, the Secretary may, within certain 
     guidelines, determine repayment periods and terms for each 
     loan.
       The House recedes.
       21. The House bill, but not the Senate amendment, has a 
     section called ``General Provisions'' regarding the 
     Secretary's budget and accounting procedures, use of funds, 
     and legal powers for the loan program.
       The House recedes.
       22. Budget and Accounting: The Secretary must prepare a 
     budget and maintain accounts which shall be audited by the 
     Comptroller General.
       The House recedes.
       23. Use of Funds: Funds shall be deposited in a checking 
     account with the Treasurer of the United States. Congress may 
     authorize funds for the Secretary's administrative expenses.
       The House recedes.
       24. Legal Powers: The Secretary may prescribe rules and 
     regulations, sue and be sued, foreclose property or take 
     action to enforce rights, dispose of acquired property, sell 
     or exchange property and securities, obtain insurance, and 
     include necessary conditions in contracts made under this 
     part.
       The House recedes.
       25. The House bill, but not the Senate amendment, says that 
     section 3709 of the Revised Statutes shall not apply to 
     contracts for under $1,000 for services or supplies under 
     this part.
       The House recedes.
       26. The House bill, but not the Senate amendment, provides 
     that the Government Corporation Control Act shall apply to 
     the Secretary's activities under this part.
       The House recedes.
       27. Both bills require that laborers and mechanics be paid 
     in accordance with the Davis-Bacon Act, but the provisions 
     are drafted differently.
       Legislative Council.
       28. The House bill, but not the Senate amendment, also has 
     a provision requiring overtime pay.
       The House recedes.
       29. The House bill, but not the Senate amendment, allows 
     the Secretary waive the Davis-Bacon and overtime provisions 
     if laborers or mechanics voluntarily donate their services 
     and the resulting savings are credited to the educational 
     institution undertaking construction.
       The House recedes.
       30. The House bill prohibits an LEA from receiving more 
     than one loan in a five-year period unless the second loan is 
     used for a facility damaged by a natural disaster. The Senate 
     amendment prohibits an LEA from receiving more than one grant 
     in a five-year period.
       The House recedes.
       31. The House bill prohibits more than 12.5% of the total 
     loan funds from going to any one state in any given year.
       The House recedes.
     Definitions
       32. Both bills have definition sections, but the House bill 
     defines the term ``school,'' while the Senate amendment 
     defines the following terms: alteration, construction, 
     renovation, and repair.
       33. The Senate recedes with amendment adding ``public'' 
     before ``structures'' and before ``elementary and secondary 
     school students,'' and adding ``media centers'' after the 
     word ``libraries.''.
       34. The Senate amendment includes a definition of the term 
     ``alteration.''.
       The Senate recedes.
       35. The Senate amendment includes a definition of the term 
     ``construction.''
       The House recedes with an amendment such that the 
     definition reads:
       ``The term construction means the alteration or renovation 
     of a building, structure, or facility, including the 
     concurrent installation of equipment, including the complete 
     or partial replacement of an existing facility, but only if 
     such replacement is less expensive and more cost-effective 
     than alteration, renovation, or repair of the facility.''
       36. The Senate defines the term ``renovation.''
       The Senate recedes.
       37. The Senate defines the term ``repair.''
       The Senate recedes.
     Applications
       38. The Senate amendment, but not the House bill, requires 
     an application from LEAs that desire to receive a grant. The 
     application must contain:
       (a) an assurance that the application was developed in 
     consultation with parents and teachers.
       The House recedes.
       (b) a description of repairs to be made, with a priority 
     for each.
       The House recedes.
       (c) the criteria used by the LEA to determine the type of 
     corrective action necessary to meet the purpose of this 
     title.
       The House recedes.
       (d) a description of this corrective action.
       The House recedes with amendment changing ``corrective 
     action'' to ``improvement.''
       (e) a cost estimate of this corrective action.
       The House recedes with amendment changing the term 
     ``corrective action'' to ``improvement.''
       (f) an indentification of other resources, including 
     bonding capacity, that are available to carry out activities 
     funded under this title.
       The House recedes with amendment changing ``including'' to 
     ``such as.''
       (g) a description of how activities funded under this title 
     will support energy conservation.
       The House recedes.
       (h) other information the Secretary requires.
       The House recedes.
       39. The Senate amendment, but not the House bill, has a 
     provision saying that the Secretary shall only award grants 
     if sufficient funds will be provided (from this title or 
     other sources) to carry out the activities for which 
     assistance is sought.
       The House recedes with amendment replacing ``including'' 
     with ``such as'' and adding after ``issuance of bonds'' the 
     phrase ``or savings generated from performance contracting''.
     Authorized Activities
       40. The Senate amendment, but not the House bill, has a 
     separate section listing authorized activities, both general 
     and particular.
       The House recedes.
       41. The House bill (in section 11003) listed the authorized 
     activities as ``construction, reconstruction, or renovation'' 
     (these terms are not defined). The Senate amendment lists the 
     authorized activities as ensuring the health and safety of 
     students through repair, renovation, alteration, and 
     construction (these terms are defined in section 15004 of the 
     Senate amendment) and accommodating new instructional 
     technology.
       The House recedes with amendment striking ``(2) upgrade or 
     alter such library, center or facility in order to 
     accommodate new instructional technology.'' This amendment 
     reflects the conferees' intent that funds awarded under this 
     title are not to be authorized for the accommodation of new 
     instructional technology.
     Definition of Facilities
       42. The House bill allows authorized activities to take 
     place in schools and defines schools (in section 11005; see 
     note 23) as ``structures suitable for use as classrooms, 
     laboratories, libraries, and related facilities, the primary 
     purpose of which is the instruction of elementary and 
     secondary school students.'' The Senate amendment allows 
     authorized activities to take place in ``a public elementary 
     or secondary school library, media center, or facility, used 
     for academic or vocational instruction.''
       The House recedes.
     Permissive Activities
       43. The Senate amendment, but not the House bill, list 
     several examples of permissive activities under this title, 
     including: meeting requirements of the Rehabilitation Act and 
     the Americans with Disabilities Act; the removal or 
     containment of hazardous materials; meeting federal, state, 
     or local codes; replacing an old facility if replacement is 
     more cost-effective than renovation.
       The House recedes with an amendment striking (2) concerning 
     the removal or containment of hazardous materials; striking 
     (3) concerning the meeting federal, states, or local codes 
     and (4) relating to the replacement of an old facility if it 
     is more cost-effective. Although these provisions are deleted 
     from the text of the bill, the conferees intend that each 
     eligible local educational agency receiving a grant under 
     this title may use the grant funds for the removal or 
     containment of severely hazardous material such as asbestos, 
     lead, and radon using a cost effective method. The conferees 
     also intend that such funds may be used to meet 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 school library, media center 
     or facility, and to replace an old such school library, media 
     center or facility that is more cost-effective to tear down 
     than to renovate.
     General
       44. The Senate amendment, but not the House bill, includes 
     a maintenance of effort provision.
       The House recedes with cross-referencing language to 
     maintenance of effort in Title X--General Provisions.
       45. The Senate amendment, but not the House bill, provides 
     that an eligible LEA shall use funds received under this 
     title only to supplement, not supplant funds from non-Federal 
     sources.
       The House recedes with cross-referencing language to Title 
     X--General Provisions.
       46. The Senate amendment, but not the House bill, includes 
     limitations regarding acquisition of real property, 
     maintenance costs, environmental safeguards, and athletic 
     facilities.
       The House recedes.
       47. The Senate amendment, but not the House bill, requires 
     that the Secretary reserve not more than 1% of the 
     appropriations to collect data, conduct studies and 
     evaluations, and report of Congress on activities supported 
     under this title.
       The Senate recedes.
       48. The House bill authorized $200 million for FY 1995 and 
     such sums for each of the 4 succeeding fiscal years; the 
     Senate amendment authorizes $400 million for FY 1995 and such 
     sums for each of the 4 succeeding fiscal years.
       The Senate recedes.


                               title xiii

                Support and Assistance for ESEA Programs

       1. The Senate amendment, but not the House bill, organizes 
     the part into three subparts and entitles the first one 
     ``Subpart 1 Comprehensive Regional Centers'' before the 
     findings section.
       The House recedes with an amendment to begin subpart 1 
     after the findings and purpose.
     Findings
       2. Technical difference. (The Senate amendment, but not the 
     House bill, adds the word ``assisted'' after ``programs.'')
       The House recedes.
       3. The House bill, but not the Senate amendment, includes 
     ``effective program dissemination'' as an essential 
     ingredient to the implementation of this Act.
       The Senate recedes.
       4. Technical difference. (The House bill refers to the 
     ``strategy of the reauthorization of this Act'' while the 
     Senate amendment refers to ``the strategy of the Improving 
     America's Schools Act of 1994.'')
       Legislative counsel.
       5. The House bill refers to ``challenging State performance 
     standards and challenging State student performance 
     standards.''
       The House recedes.
       6. The House bill, but not the Senate amendment, lists 
     ``tribes'' among agencies delivering educational services.
       The Senate recedes.
       7. In listing types of students with special needs, the 
     Senate amendment but not the House bill, lists ``Students 
     with disabilities''.
       The House recedes.
       8. The House bill refers to ``challenging State standards'' 
     while the Senate amendment uses the term ``challenging State 
     content standards and challenging State student performance 
     standards.''
       The House recedes.
       9. The House bill finding describes ``technical assistance 
     and dissemination efforts'' as fragmented while the Senate 
     amendments includes only ``technical assistance efforts.''
       The Senate recedes.
       10. The House bill, but not the Senate amendment, includes 
     ``tribes.''
       The Senate recedes.
       11. The House bill uses the term ``to reach challenging 
     State student standards'' while the Senate amendment uses 
     ``to meet challenging State content standards and challenging 
     State student performance standards.''
       The House recedes.
       12. The House bill refers to ``as they implement'' while 
     the Senate amendment refers to ``as such schools and systems 
     implement.''
       Legislative counsel.
       13. The House bill states that comprehensive technical 
     assistance ``would provide coordinated assistance'' while the 
     Senate amendment states that it ``will provide one-stop 
     shopping.''
       The Senate recedes.
       14. The House bill, but not the Senate amendment, includes 
     tribes as a recipient of technical assistance.
       The Senate recedes.
       14. The House bill but not the Senate amendment, includes 
     tribes as a recipient of technical recedes.
       The Senate recedes.
       15. The Senate amendment, but not the House bill, includes 
     ``pupil services'' as an entity to receive technical 
     assistance.
       The Senate recedes.
       16. The House bill, but not the Senate amendment, includes 
     State Literacy Resource Centers and vocational resource 
     centers among the explicitly named entities with which the 
     assistance providers supported under this part should 
     coordinate.
       The Senate recedes.
       17. The House bill, but not the Senate amendment, includes 
     a finding on prioritizing assistance to LEAs and schools.
       The Senate recedes.
       18. The House bill, but not the Senate amendment, includes 
     a finding on the need to both encourage program integration 
     and maintain services for special needs students, such as 
     limited English proficiency students.
       The House recedes.
     Purpose
       19. The House bill, but not the Senate amendment, states 
     that a purpose of this part is to ``create a national 
     technical assistance and dissemination system.''
       The Senate recedes.
       20. The House bill, but not the Senate amendment, includes 
     ``tribes'' among the list of explicitly named recipients of 
     technical assistance.
       The Senate recedes.
       21. The Senate amendment, but not the House bill, includes 
     ``administering'' programs as part of the purpose.
       The House recedes.
       22. In the House bill, the purpose of this part includes 
     implementing programs ``in a manner that improves teaching 
     and learning for all students'' while the Senate amendment 
     includes a separate purpose of providing technical assistance 
     in ``implementing school reform programs.''
       The House recedes with an amendment to merge the House and 
     Senate provisions.
       23. The House bill states ``those programs'' while the 
     Senate amendment states ``such programs.''
       The House recedes.
       24. The House bill, but not the Senate amendment, includes 
     ``plans'' along with activities as part of what must be 
     coordinated with other entities.
       The Senate recedes.
       25. The House bill uses the term ``challenging State 
     performance standards'' while the Senate amendment uses 
     ``challenging State content standards and challenging State 
     student performance standards.''
       The House recedes.
       26. The House bill, but not the Senate amendment, lists 
     specifically ``students at risk of educational failure'' as 
     those who need assistance in meeting high standards.
       The Senate recedes.
       27. The House bill, but not the Senate amendment, includes 
     a separate purpose of adopting, adapting, and implementing 
     promising and proven practices for improving teaching and 
     learning.
       The Senate recedes.
     Programs Authorized
       28. The House bill, but not the Senate amendment, 
     authorizes more than one program in this section.
       The House recedes.
       29. The House bill refers to ``Comprehensive Assistance 
     Centers'' whereas the Senate amendment refers to 
     ``Comprehensive Regional Centers.''
       The House recedes with an amendment to make the name 
     ``Comprehensive Regional Assistance Centers''.
       30. The Senate amendment, but not the House bill, includes 
     the provision ``Notwithstanding section 6205'' which 
     maintains separate, categorical Indian technical assistance 
     centers.
       The Senate recedes with an amendment to add:
       ``(b) Service to Indians and Alaska Natives--The Secretary 
     shall ensure that each regional center that serves a region 
     with a significant population of Indian or Alaska Native 
     students shall--
       (1) be awarded to a consortium which includes a tribally-
     controlled community college or other Indian organization; 
     and
       (2) assist in the development and implementation of 
     instructional strategies, methods and materials which address 
     the specific cultural and other needs of Indian or Alaska 
     Native students;''
       31. The House bill authorizes the Secretary to ``award 
     grants or enter into contracts'' with technical assistance 
     entities. The Senate amendment authorizes the Secretary to 
     carry out this part directly or though grants, contracts or 
     cooperative agreements.
       The House recedes.
       32. In the House bill, eligible entities for such grants or 
     contracts are ``public or private nonprofit entities or 
     consortia.'' In the Senate amendment, they are ``public or 
     private agencies or organizations or consortia of such 
     agencies and organizations.''
       The Senate recedes.
       33. The House bill establishes ``a networked system of 15 
     centers'' to be placed by the Secretary while the Senate 
     amendment establishes 11 centers, one center in each of the 
     Departments 10 regions and one at the Pacific Regional 
     Education Laboratory in Honolulu, HI.
       The Senate recedes with an amendment adding ``including one 
     center in Hawaii. Such centers''
       34. The Senate amendment, but not the House bill, 
     authorizes the Secretary to authorize field offices for each 
     of the centers.
       The Senate recedes.
       35. Technical difference. (The Senate amendment, but not 
     the House bill, uses the phrase ``in order to provide.'')
       Legislative counsel.
       36. The House bill, but not the Senate amendment, includes 
     ``research-based training'' as an activity to be provided.
       The House recedes.
       37. The House bill, but not the Senate amendment, includes 
     ``tribes'' and ``community-based organizations'' as entities 
     to receive technical assistance.
       The Senate recedes.
       38. Technical difference. (The House bill refers to ``their 
     administration while the Senate amendment refers to ``the 
     administration.'')
       Legislative counsel.
       39. The House bill states ``in establishing centers and 
     allocating resources'' while the Senate amendment states ``in 
     allocating resources.''
       The Senate recedes.
       40. Both the House bill and Senate bill require the 
     Secretary to consider the geographic distribution of special 
     needs students when allocating resources to centers however 
     the House lists explicitly several types of special needs 
     students as well as the needs of areas in geographic 
     isolation.
       The Senate recedes with an amendment adding ``and urban'' 
     after ``rural.''
       41. The House bill authorizes the National Diffusion 
     Network and state-based technical assistance as a subsection 
     of this section while the Senate authorizes it as a separate 
     sub-part. (See note #609)
       The House recedes with an amendment to merge the House and 
     Senate language authorizing the National Diffusion Network as 
     follows: ``In order to implement the purposes of this part, 
     the Secretary shall carry out a State-based outreach, 
     consultation, training and dissemination program through the 
     National Diffusion Network and its State Facilitators. To 
     carry out such program, the Secretary shall make awards in 
     each State and territory and in the Bureau of Indian Affairs 
     in order to assist state and local educational agencies, 
     schools, and other appropriate educational entities to 
     identify and secure appropriate, high-quality technical 
     assistance from the comprehensive assistance centers and 
     other sources and to identify and implement exemplary or 
     promising educational programs and practices. The Secretary 
     shall carry out this subpart through grants to or contracts 
     with public or private nonprofit organizations or 
     institutions with demonstrated expertise in the areas of 
     applied education research and program dissemination.''
       42. Regarding the National Diffusion Network (NDN) state-
     based programs, the House bill authorizes the Secretary to 
     award grants or enter into contracts in each State, 
     territory, and the Bureau of Indian Affairs whereas the 
     Senate amendment requires the Secretary to make ``one or more 
     awards in each State'' to establish state-based technical 
     assistance entities.
       The Senate recedes.
       42. The Senate amendment, but not the House bill, 
     establishes NDN in order to increase the effectiveness of the 
     comprehensive centers.
       The Senate recedes.
       44. In the House bill, the eligible entities for the NDN 
     awards are public and private nonprofit entities. In the 
     Senate amendment, eligible entities for NDN awards are 
     ``public educational agencies or public or private nonprofit 
     educational organizations or institutions.''
       The Senate recedes.
       45. The House bill, but not the Senate amendment, 
     explicitly identifies this state-based program as the 
     National Diffusion Network.
       The Senate recedes.
       46. The House bill (in section 2347), but not the Senate 
     amendment, includes ``training'' in addition to ``outreach, 
     consultation, and dissemination'' as part of the state-based 
     program.
       The Senate recedes.
       47. The House bill define the NDN role as helping education 
     providers in identifying and securing high quality technical 
     assistance for as well as information on and assistance in 
     adopting effective programs and practices and working with 
     the comprehensive assistance centers to provide these 
     services. The Senate amendment identifies the NDN role only 
     as assisting education providers to identify and implement 
     exemplary or promising educational programs and practices.
       The Senate recedes.
       48. The House bill, but not the Senate amendment, includes 
     a number of accountability measures including providing for 
     an external peer review system, surveys, and performance 
     measures.
       The Senate recedes with amendments to strike the peer 
     review provisions and the annual report provision and to 
     require that the surveys be conducted of eligible recipients 
     of services rather than simply of users of services.
       49. Both the House bill and the Senate amendment provide 
     for an evaluation. The House bill authorizes an ``independent 
     evaluation of the comprehensive centers and the NDN'' while 
     the Senate amendment authorizes an evaluation of all the 
     activities assisted under this part.
       The House recedes and the Senate recedes striking the 
     evaluation provisions.
       50. The House bill requires the evaluation to be reported 
     to Congress prior to the next reauthorization of ESEA, while 
     the Senate amendment requires it be reported to the President 
     and Congress by January 1, 1998.
       The House recedes and the Senate recedes.
       51. The House bill, but not the Senate amendment, specifies 
     that all funds under this section will be awarded for five-
     year periods.
       The Senate recedes with an amendment striking the extension 
     of contracts provision.
     Requirements of Comprehensive Assistance Centers
       52. The House bill section is entitled ``Requirements of 
     Comprehensive Assistance Centers'' while the Senate amendment 
     section is entitled ``Comprehensive Regional Centers.''
       The Senate recedes with an amendment to merge the House 
     requirements and duties of the centers and the Senate list of 
     duties of the centers as follows:
       ``(b) Support and Assistance.--Comprehensive regional 
     assistance centers shall maintain appropriate staff expertise 
     and shall provide support, training and assistance to State 
     educational agencies, tribal divisions of education, local 
     educational agencies, schools and other grant recipients 
     under this Act in--
       (1) improving the quality of instruction, curricula and 
     assessments supported with funds under Title 1 of this Act;
       (2) implementing effective schoolwide programs under Title 
     1 of this Act;
       (3) meeting the needs of children served under this Act, 
     including children in high-poverty areas, migratory children, 
     immigrant children, children with limited English 
     proficiency, neglected or delinquent children, homeless 
     children and youth, Indian children, children with 
     disabilities, and, where applicable, Alaska Native and Native 
     Hawaiian children;
       (4) implementing high quality professional development 
     activities for teachers and, where appropriate 
     administrators, pupil service personnel, and other staff;
       (5) improving the quality of bilingual education, including 
     programs that emphasize English and native language 
     proficiency and promote multicultural understanding;
       (6) creating safe and drug-free environments, especially in 
     areas experiencing high levels of drug use and violence in 
     the community and schools;
       (7) implementing educational applications of technology;
       (8) coordinating services and programs to meet the needs of 
     students so that they can fully participate in the 
     educational program of the school;
       (9) expanding the involving and participation of parents in 
     the education of their children;
       (10) reforming schools, school systems and the governance 
     and management of schools;
       (11) evaluating programs; and
       (12) meeting the special needs of students living in urban 
     and rural areas and the special needs of local educational 
     agencies serving urban and rural areas.
       53. The House refers to each center as a ``comprehensive 
     assistance'' while the Senate refers to each ``comprehensive 
     regional center.''
       The House recedes with an amendment to name the centers 
     ``comprehensive regional assistance centers''.
       54. The Senate amendment includes ``shall'' in the 
     introduction to the paragraphs. The House bill includes 
     ``shall'' at the beginning of each paragraph.
       Legislative counsel.
       55. The House bill, but not the Senate amendment, specifies 
     that staff at the centers maintain expertise in 
     ``assessment.''
       The Senate recedes.
       56. The House bill specifies that staff at the centers must 
     maintain expertise in of ``title I of the Act'' while the 
     Senate amendment states only ``title I.''
       The Senate recedes.
       57. The House bill, but not the Senate amendment, includes 
     ``immigrant children'' in the types of children to be served.
       The Senate recedes.
       58. In listing the types of children whose needs should be 
     served by the centers, the House bill, but not the Senate 
     amendment, includes ``where applicable, Alaskan Native 
     children and Native Hawaiian children.''
       The Senate recedes.
       59. In listing areas of professional development expertise, 
     the Senate amendment, but not the House bill, includes 
     ``pupil services personnel.''
       The House recedes.
       60. The House bill uses the term ``challenging State 
     performance standards'' while the Senate amendment uses 
     ``challenging State content standards and challenging State 
     student performance standards.''
       The House recedes and the Senate recedes.
       61. The House bill, but not the Senate amendment, includes 
     ``coordination of services'' in the list of areas of 
     expertise to be maintained by the centers.
       The Senate recedes.
       62. The House bill, but not the Senate amendment, includes 
     ``school governance and management'' in the list of areas of 
     expertise to be maintained by the centers.
       The Senate recedes.
       63. The House bill, but not the Senate amendment, includes 
     ``partnerships between the public and private sector'' in the 
     list of areas of expertise to be maintained by the centers.
       The House recedes.
       64. The House bill includes a separate paragraph requiring 
     that the centers ``shall ensure, where appropriate'' staff 
     expertise in the needs of rural students and LEAs and 
     includes ``in'' before ``the special needs of LEAs.'' The 
     Senate bill lists the needs of rural students and LEAs as a 
     subparagraph of the paragraph outlining expertise to be 
     maintained by each center.
       The House recedes.
       65. The Senate amendment, but not the House bill, uses 
     ``assisted'' under this Act.
       Legislative counsel.
       66. The House bill, but not the Senate amendment, requires 
     that the centers reflect the ``diverse linguistic and 
     cultural expertise appropriate to the region served.''
       The House recedes.
       67. The Senate amendment, but not the House bill, requires 
     that the centers work collaboratively with the Departments' 
     regional offices.
       The House recedes.
       68. The House bill requires the centers to ``coordinate 
     services, work cooperatively, and regularly share information 
     with'' other technical assistance providers. The Senate 
     amendment requires the centers to ``work collabortively, and 
     coordinates the services such centers provide with'' other 
     technical assistance providers.
       The Senate recedes.
       69. The House bill requires that the centers work with 
     virtually all technical assistance providers funded by the 
     Department of Education (and lists many of them) while the 
     Senate amendment specifies that they work with the regional 
     laboratories and NDN.
       The Senate recedes.
       70. The House bill, but not the Senate amendment, lists as 
     the purposes of this ``to provide a broad range of services 
     to schools in the region while minimizing the duplication of 
     such services.
       The Senate recedes.
       71. The Senate amendment, but not the House bill, requires 
     that the centers consult with ``representatives of State 
     educational agencies, local educational agencies, and 
     populations served under this Act.''
       The House recedes.
       72. The House bill states that centers will work with or 
     through NDN State Facilitators to provide services to SEAs, 
     LEAs, tribes and schools and to provide the support that NDN 
     agents need to carry out their mission. The Senate amendment 
     requires the centers to provide information on exemplary and 
     promising practices.
       The Senate recedes.
       73. The House bill, but not the Senate amendment, has a 
     number of provisions specifying the duties of the 
     comprehensive centers. These duties include providing the 
     following assistance in the following areas to SEAs, LEAs, 
     tribal divisions of education, schools and others: 
     development of plans; development and use of curricula; 
     development and use of instructional strategies and 
     materials; development of non-discriminatory assessments; 
     development and implementation of school-wide projects; 
     professional development; parental involvement; creating safe 
     and drug-free schools; coordination of services; evaluation 
     of school programs; uses of technology; school governance; 
     and establishing public/private partnerships.
       Additional duties includes working with the NDN State 
     Facilitators to disseminate promising programs, policies, and 
     practices and working with States to establish school support 
     teams for schoolwide projects.
       The House recedes with an amendment to add the last duty in 
     this section to the merged list of responsibilities for the 
     centers.
       74. The House bill, but not the Senate amendment, provides 
     for maintaining at least current service levels for 
     assistance to bilingual, migrant, immigrant, and Indian 
     students.
       The Senate recedes with an amendment adding ``educationally 
     disadvantaged students, including students in urban and rural 
     areas'' to those for whom services must be maintained.
       75. The House bill, but not the Senate amendment, provides 
     for maintaining the current ratio of technical assistance 
     funds devoted to limited-English proficient, immigrant, and 
     migrant relative to the whole of technical assistance funds.
       The House recedes.
       76. The House bill, but not the Senate amendment, provides 
     for maintaining the current ratio of technical assistance 
     funds devoted to Indian students relative to the whole of 
     technical assistance funds.
       The House recedes.
       77. The House bill, but not the Senate amendment, requires 
     that applications for grants or contracts for technical 
     assistance centers include provisions concerning expertise, 
     outreach, support from area served, how they will allocate 
     services and how they will utilize technology to provide 
     services.
       The Senate recedes with an amendment to place this in 
     subpart 1 and an amendment to strike the provision on 
     technology.
       78. The House bill, but not the Senate amendment, requires 
     the Secretary to give priority to consortia including Indians 
     when approving applications for centers serving Indians.
       The House recedes.
       79. Regarding transition activities, the House bill extends 
     current technical assistance center and NDN contracts through 
     fiscal year 1995. The Senate amendment requires the Secretary 
     to use funds from this part ``for at least fiscal years 1995 
     and 1996'' for transition efforts. The Secretary shall use 
     these funds to ``draw on the expertise of staff and services 
     from existing categorical assistance centers'' and, where 
     appropriate, to extend grants or awards to ``ensure that 
     services will not be interrupted . . .''
       The Senate recedes with an amendment to extend the 
     transition period through FY96 and add Senate language on 
     drawing on the expertise of the current categorical centers.
       80. The House bill includes a section on the purpose and 
     duties of NDN while the Senate includes a separate subpart on 
     NDN. See note #570.
       The House recedes.
       81. The House bill, but not the Senate amendment, includes 
     ``training'' as part of this state-based program. See note 
     #575.
       Delete note.
       82. The House bill authorizes OERI ``to award grants or 
     enter into contracts'' for NDN State Facilitators. The Senate 
     amendment requires that the OERI Office of Reform Assistance 
     and Dissemination administer the NDN State Facilitators 
     program.
       The Senate recedes with an amendment to merge the House and 
     Senate provisions on administration of NDN as follows:
       Administration.--The National Diffusion Network State 
     Facilitators programs 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. Such office shall 
     award grants or enter into contracts in each State with 
     public or private nonprofit educational organizations or 
     institution with demonstrated experience and expertise in the 
     areas of implementation of education programs and program 
     dissemination to carry out activities described in section   
     .
       83. The House bill's provisions under ``National Diffusion 
     Network State Facilitators'' (subsection c) are similar to 
     the Senate amendment's Coordination provisions (paragraph 1) 
     except that the Senate amendment, but not the House bill, 
     includes ``close'' before ``coordination'' and it includes 
     ``and coordinate their activities.''
       The House recedes.
       84. The House bill, but not the Senate amendment, lists the 
     recipients of technical assistance.
       The Senate recedes with an amendment to write the 
     introduction to the State Facilitator duties as follows:
       State Facilitator Activities.--The National Diffusion 
     Network State Facilitators for each State shall provide 
     professional development and technical assistance services to 
     assist State educational agencies, local educational 
     agencies, tribal divisions of education, schools, and other 
     entities assisted under this Act in--''
       85. The House states that the duties of the NDN State 
     facilitators Facilitators shall be to: help define technical 
     assistance needs and align them with school reform, 
     professional development and technology plans; secure 
     technical assistance services from all Department of 
     Education and other technical assistance providers; identify 
     and address educational technology needs; assist in 
     preparation for intensive on-site technical assistance; 
     assist in the use of technology including the development of 
     regional and national electronic networks; deliver 
     professional development services; and provide organizational 
     development services.
       The Senate amendment defines the State Facilitator duties 
     as: identifying programs and practices for dissemination; 
     identifying technical assistance needs, including those for 
     technology; providing professional development services; 
     identifying programs for dissemination; promoting and 
     facilitating teacher networks throughout the State; and 
     conducting outreach.
       The Senate recedes with an amendment to combine the House 
     and Senate list of activities as follows: defining technical 
     assistance needs and aligning them with title 1, school 
     reform, professional development, and technology plans and 
     activities; securing the technical assistance and 
     professional development services that can best fulfill such 
     needs by utilizing the services of the comprehensive regional 
     assistance centers, the regional education laboratories, the 
     Eisenhower Math-Science regional consortia, State Literacy 
     Resource Centers, and other technical assistance providers 
     including local providers of professional development 
     services; identifying educational technology needs and 
     securing the necessary technical assistance to address them 
     in coordination with the Eisenhower regional consortia; 
     utilizing technology, including regional and national 
     electronic networks, to increase their access to technical 
     assistance, professional development services, and 
     dissemination of effective programs and promising practices.
       86. The House bill, not the Senate amendment, lists 
     additional duties for NDN State Facilitators which include: 
     sharing promising practices; working with school support 
     teams; distinguished educators and the comprehensive centers; 
     and conducting outreach.
       The Senate recedes with an amendment to strike the House 
     (2), (3), (4), and (6) and add the Senate's (1), (4), and (5) 
     from note #614 to the Additional Duties provisions.
       87. The House bill titles this subsection ``National 
     Diffusion Network Effective Practices'' while the Senate 
     amendment titles it ``National Diffusion Network Effective 
     Programs and Promising Practices System.''
       The House recedes.
       88. Technical difference. (The House bill refers to ``such 
     programs'' while the Senate amendment refers to ``such 
     system.'')
       Legislative Counsel.
       89. Technical difference. (The House bill refers to the 
     ``Department of Education'' while the Senate amendment refers 
     to the ``Department.'')
       Legislative counsel.
       90. The House bill states ``such a system should'' while 
     the Senate amendment states ``such a system shall.''
       The House recedes.
       91. Technical difference. (The House bill and Senate 
     amendment refer to the ``Office of Reform Assistance and 
     Dissemination'' differently.)
       Legislative counsel.
       92. The House bill refers to ``a grants program to such 
     validated Effective Practices''; the Senate amendment refers 
     to ``a grant program'' and to regarding such systems.''
       Legislative counsel.
       93. The House bill, but not the Senate amendment, gives 
     service priority to schoolwide projects and to the poorest 
     LEAS and BIA schools.
       The Senate recedes.
       94. Technical difference. (The House bill, but not the 
     Senate amendment, includes ``also'' before ``authorized.'')
       The House recedes.
       95. The Senate amendment, but not the House bill, lists 
     ``community-based organizations'' as an entity to which 
     technology-based technical assistance will be accessible.
       The House recedes on ``community-based organizations''. The 
     Senate recedes on keeping this provision a separate section 
     paid for by funds other than those authorized in this title.
       96. The House bill, but not the Senate amendment, states 
     that the program under this part will be administered jointly 
     by three offices in the Department of Education.
       The House recedes.
       97. The House bill authorizes the entire part at $70 
     million for 1995 with not less than $25 million of that 
     amount to be for the NDN and such sums through 1999 while the 
     Senate amendment authorizes $70 million in 1995 and such sums 
     through 1999 for the comprehensive centers and $25 million in 
     1995 and such sums through 1999 for NDN.
       The House recedes with an amendment to change subpart to 
     part.
       98. The House bill authorizes funds in this section for the 
     entire part while the Senate amendment authorizes funds for 
     each subpart at the end of each subpart.
       The House recedes.
     Program Established
       99. The Senate amendment, but not the House bill, 
     reauthorizes the Eisenhower Regional Math and Science 
     Education Consortia as a subpart of this part. The Secretary, 
     in consultation with the Director of the National Science 
     Foundation, is authorized to award grants or contracts for 
     such consortia for the purpose of disseminating math and 
     science materials and providing technical assistance. One 
     consortium shall be in each regional education laboratory 
     region. Grants or contracts shall be for not more than five 
     years.
       The House recedes.
     Use of Funds
       100. The Senate amendment, but not the House bill, 
     authorizes funds to: work with the Eisenhower Clearinghouse; 
     assisting and providing technical assistance in the use of 
     math and science materials; provide training in math and 
     science instruction; provide financial assistance so that 
     educators may attend consortium activities; implement 
     programs and activities for groups underrepresented in and 
     underserved by math and science education; help SEAs and LEAs 
     assess science equipment needs and the need for math and 
     science academies; develop and disseminate early childhood 
     math and science instructional materials; disseminate 
     information on informal math and science activities in the 
     region; collect data for the purpose of evaluating the work 
     of the consortia; identify exemplary practices and materials 
     within the region and report it to the Eisenhower 
     Clearinghouse, communicate with other entities delivering 
     services to students and teachers of mathematics; assist with 
     State and regional plans for systemic reform in math and 
     science; and increase the use of informal educational 
     entities.
       The House recedes.
     Application and Review
       101. In the Senate amendment, but not the House bill, 
     applications must demonstrate: expertise in math and science 
     education; the ability to implement and disseminate math and 
     science materials, teaching methods, and assessment tools; 
     the ability to carry out the functions of the regional 
     consortium; an emphasis on meeting the needs of those 
     underrepresented in and underserved by math and science 
     education; that the business community will play an integral 
     in the consortium's work; that the entity will consider Star 
     School resources in carrying out this subpart; an assurance 
     that activities will be conducted in compliance with 
     copyright laws.
       The House recedes.
       102. In the Senate amendment, but not the House bill, the 
     Secretary must develop procedures and criteria to ensure that 
     grants or contracts are awarded based on merit through a peer 
     review process consisting of national panels appointed by the 
     Secretary.
       The House recedes.
       103. In the Senate amendment, but not the House bill, each 
     entity receiving a grant or award shall establish a broadly 
     representative regional board to oversee the administration 
     and program priorities of the consortia. No federal funds may 
     be used for this board except for travel or accommodations 
     for board members who could not otherwise participate.
       The House recedes.
     Payments; Federal Share; Non-Federal Share
       104. In the Senate amendment, but not the House bill, the 
     federal share in funding the activities of the consortia 
     shall be 80%. The remaining 20% may be cash or inkind 
     contributions and at least 10% of the non-federal share must 
     come from non-governmental sources.
       The House recedes.
     Evaluation
       105. In the Senate amendment, but not the House bill, the 
     Secretary, through OERI, shall collect data on, evaluate, and 
     report on the effectiveness of the consortia by the end of 
     each grant contract period, including an evaluation of how 
     well the consortia meet the needs of the schools, teachers, 
     administrators, and students of their respective regions.
       The House recedes.
     Definitions
       106. In the Senate amendment, but not the House bill, this 
     subsection defines several terms including eligible entity, 
     mathematics, science, region, regional consortium, and State 
     agency for higher education.
       The House recedes.
     Authorization of Appropriations
       107. The Senate amendment, but not the House bill, 
     authorizes $23 million for FY 95 and ``such sums'' for the 
     following four years for this subpart.
       The House recedes.


                     Title XIV--General Provisions

     Title
       Definitions
       The Senate amendment excludes the National Teacher Training 
     Project from the definition of ``covered program.''
       The House recedes.
       The Senate amendment excludes from the definition of 
     ``covered program'' the State and Local Programs for School 
     Technology Resources, Technical Support, and Professional 
     Development.
       The House recedes.
       The House bill excludes the definition of the targeted 
     assistance program.
       The House recedes.
       The Senate amendment excludes from the definition of 
     ``current expenditures'' the expenditures made from funds 
     received under Title XIII.
       The Senate recedes.
       The House bill defines ``educational service agency'' to 
     include agencies authorized to ``provide services and 
     programs;'' the Senate amendment defines ``educational 
     service agency'' to include agencies authorized to ``provide 
     services or programs.''
       The House recedes.
       The House bill defines ``elementary school'' to mean a 
     ``nonprofit institutional day or residential school;'' the 
     Senate amendment defines ``elementary school'' to mean a 
     ``day or residential school.''
       The Senate recedes.
       The Senate amendment, but not the House bill, defines 
     ``gifted and talented.''
       The House recedes.
       The House bill defines ``institution of higher education'' 
     to have the meaning given that term in section 1201(a) of the 
     Higher Education Act of 1965; the Senate amendment defines 
     ``institution of higher education'' to have the meaning given 
     that term in section 1201 of the Higher Education Act of 
     1965.
       The Senate recedes.
       The Senate amendment, but not the House bill, defines 
     ``interoperable and interoperability.''
       The Senate recedes.
       12. The Senate amendment, but not the House bill, includes 
     in its definition of ``local educational agency'' a BIA-
     funded elementary or secondary school to the extent the 
     inclusion makes the school eligible for programs not provided 
     in other provisions of law, except that the school shall not 
     be subject to the jurisdiction of any State educational 
     agency other than the BIA; see section 9104 of the House bill 
     for a related provision.
       The House recedes with an amendment to include in the 
     definition of a local educational agency an elementary or 
     secondary school funded by the Bureau of Indian Affairs, but 
     only to the extent that such school is not smaller in student 
     population than the smallest local educational agency 
     eligible for and receiving assistance under this Act.
       13. The House bill, but not the Senate amendment, defines 
     ``mentoring.''
       The Senate recedes.
       14. The House bill includes Palau in its definition of 
     ``outlying areas'' but only until the effective date of the 
     Compact of Free Association with the Government of Palau; the 
     Senate amendment includes Palau without the proviso and also 
     includes the Republic of the Marshall Islands and the 
     Federated States of Micronesia.
       The House recedes.
       15. The Senate amendment, but not the House bill, defines 
     ``public telecommunications entity.''
       The House recedes with an amendment defining the 
     territories as the Virgin Islands Guam, American Samoa, and 
     the Commonwealth of the Northern Mariana Islands and for the 
     purpose of the Competitive Grants section--under Title I of 
     this Act and discretionary grants under this Act, the 
     Republic of the Marshall Islands, the Federated States of 
     Micronesia, and the Republic of Palau. The conferees intend 
     that the Republic of the Marshall Islands, the Federated 
     States of Micronesia and the Republic of Palau are not 
     considered territories under this Act and may only receive 
     funds under the Competitive Grants section--under Title I of 
     this Act and discretionary grant programs under this Act.
       16. In addition to technical drafting differences between 
     the House and Senate versions of the definition of ``pupil 
     services personnel'' and ``pupil services,'' the Senate 
     amendment, but not the House bill, specifies ``other 
     necessary services'' to include ``related services as such 
     term is defined in section 602 of the Individuals with 
     Disabilities Education Act.''
       The House recedes.
       17. The House bill defines ``secondary school'' to mean a 
     ``nonprofit institutional day or residential school;'' the 
     Senate amendment defines ``secondary school'' to mean a ``day 
     or residential school.'' Also includes technical drafting 
     differences.
       The Senate recedes.
       18. The Senate amendment, but not the House bill, defines 
     ``technology.''
       The House recedes with an amendment adding ``and fiber 
     optic transmission, computer, video'' after ``copper''.
     Applicability of This Title
       19. The House bill, but not the Senate amendment, provides 
     that references to section 1471 of this Act prior to 
     enactment of the bill, ``shall be deemed to refer to this 
     section.''
       The Senate recedes with amendment changing ``section'' to 
     ``part.''
       20. The House bill, but not the Senate amendment, provides 
     that certain consortia of BIA-operated schools shall be given 
     the same consideration as a local educational agency and 
     shall apply through the BIA, which shall apply to the 
     Department of Education on their behalf; see related 
     provision in the Senate amendment's definition of ``local 
     educational agency.''
       The Senate recedes with amendment striking ``Such consortia 
     shall apply through the Bureau of Indian Affairs which shall 
     apply to the Department of Education on their behalf.
     Flexibility in the Use of Administrative and Other Funds
       21. The House bill, but not the Senate amendment, provides 
     that a State educational agency may consolidate 
     administrative funds ``if such State educational agency can 
     demonstrate that the majority of such agency's resources come 
     from non-Federal sources.'' Also includes technical drafting 
     differences.
       The Senate recedes.
       22. The Senate amendment, regarding the applicability of 
     consolidation authority, includes those programs it defines 
     under ``covered programs'' that are not included in the House 
     bill; see comments 4 through 7. Also includes technical 
     drafting differences.
       Legislative counsel.
       23. The Senate amendment, but not the House bill, regarding 
     the applicability of consolidation authority, includes the 
     administrative funds under section 308(c) of the Goals 2000: 
     Education America Act.
       The House recedes.
       24. The provision concerning the additional uses of 
     consolidated funds includes technical drafting differences.
       Legislative counsel.
       25. The provision concerning unused administrative funds 
     includes technical drafting differences.
       Legislative counsel.
       26. The Senate amendment, but not the House bill, provides 
     that a State educational agency may consolidate funds 
     available to it under title I of the ESEA and title III of 
     Goals 2000 in order to develop State content standards, 
     student performance standards, or assessments.
       The House recedes with an amendment striking ``State 
     student performance standards'' and adding ``challenging'' 
     before State content standards.
       27. The provision concerning single local educational 
     agency States include technical drafting differences.
       Legislative counsel.
     Consolidation of Funds for Local Administration
       28. The House bill provides for regulations ``of the 
     Secretary;'' the Senate amendment provides for regulations 
     ``issued by the Secretary.''
       Legislative counsel.
       29. The House bill provides for a percentage ``established 
     in each covered program;'' the Senate amendment provides for 
     a percentage ``determined by its State educational agency.''
       The House recedes.
       30. The provision concerning State procedures for fund 
     consolidation includes technical drafting differences.
       Legislative counsel.
       31. The provision concerning uses of consolidated 
     administrative funds includes technical drafting differences.
       Legislative counsel.
     Administrative Funds Study
       32. The House bill provides that the Secretary's 
     administrative funds study include the percentage of 
     administrative funds ``in all covered programs;'' the 
     administrative funds ``in all covered programs.''
       The House recedes with amendment to: change section heading 
     to ``Administrative Funds Studies''; change the subsection 
     heading to ``(a) Federal Funds Study''; move the language on 
     State submission of data on Title I administration activities 
     from the Senate bill (section 1702(d)) to here and make it a 
     new subsection (a)(2) and call it ``Title I State Data''; and 
     modify the language from section 1702(d) to change the 
     reference from ``this title'' to ``Title I'' and references 
     to ``this section'' to ``section 1702.''
       33. The House bill, but not the Senate amendment, requires 
     the Secretary to develop a definition of what types of 
     activities constitute the administration of ESEA programs by 
     State and local educational agencies.
       The Senate recedes with amendments to merge the House bill 
     paragraphs #2 and #3 concerning results of such study with 
     the Senate paragraph #2 which also deals with results, and 
     change the paragraph number to be #4; and make the language 
     concerning reporting requirements following the words ``the 
     Secretary shall'' in the House bill a new subparagraph (A).
       34. The House bill authorizes the Secretary to issue 
     regulations on the use of administrative funds; the Senate 
     amendment requires the Secretary to promulgate final 
     regulations on administrative funds within one year of the 
     completion of the administrative funds study.
       The House recedes with amendments to make the language 
     following the words ``the Secretary shall'' in the Senate 
     amendment concerning reporting requirement'' a new 
     subparagraph (B); change the reference in the Senate 
     amendment from ``paragraph (1),'' to ``paragraph (a)(1)'' and 
     insert after this reference the following: ``which may 
     included collection and analysis of the data under paragraph 
     (2) and section 14010(b);'' and modify the new subparagraph 
     (B) to add the words ``or guidelines'' after the words 
     ``final regulations.''
       35. The House bill provides that the administrative funds 
     regulations includes provisions on the limitation of the 
     amount of administrative funds ``where such limitation is not 
     otherwise provided by law;'' the Senate amendment does not 
     contain this qualifying clause.
       The Senate recedes.
       36. The provision concerning administrative funds 
     regulations also includes technical drafting differences.
       The House recedes with amendments to move the language from 
     subsection (b) to paragraph (a)(3) and change the heading 
     from ``Report'' to ``Federal Funds Report.''
       37. The Senate amendment, but not the House bill, requires 
     the Secretary to complete the administrative funds study not 
     later than one year after enactment of this bill. The 
     reporting provision also includes technical drafting 
     differences.
       The House recedes with amendment striking all after the 
     words ``not later than'' through 1994'' and inserting ``July 
     1997.''
       38. The House bill authorizes the Department of the 
     Interior to use ``up to'' 1.5 percent of consolidated funds 
     for administration; the Senate amendment authorizes the 
     Department of the Interior to use ``not more than'' 1.5 
     percent of consolidated funds for administration.
       Legislative Counsel.
     Availability of Unneeded Program Funds
       39. The provision concerning availability of unneeded 
     program funds includes technical drafting differences.
       Legislative Counsel.
     Coordination of Programs; Consolidated State and Local 
         Applications
       40. The House bill, but not the Senate amendment, 
     authorizes a local educational agency, individual school, or 
     consortium of schools to use a total of up to 5% of ESEA 
     funds to establish and implement a coordinated services 
     project consistent with the requirements of title X 
     (Coordinated Services Projects).
       The Senate receds.
     Optional Consolidated State Application
       41. The House bill, regarding optional consolidated State 
     applications, refers to a ``State application;'' the Senate 
     amendment refers to a ``State plan or application.'' However, 
     both the House and Senate versions provide that a State 
     educational agency shall not be required to submit separate 
     State plans or not be required to submit separate State plans 
     or applications in any program to which consolidation 
     applies. Also includes technical drafting differences.
       The House recedes on phrase ``plan or application.''
       42. The House bill, but not the Senate amendment, 
     authorizes a consolidated application also for the Goals 
     2000: Education America Act and the School-to-Work 
     Opportunities Act.
       The Senate recedes.
       43. The House bill, but not the Senate amendment, provides 
     that Secretary shall require such consolidated application 
     materials as are absolutely necessary for the consideration 
     of the State application.
       The Senate recedes.
     Consolidated Local Applications
       44A. The House bill, regarding consolidated local 
     applications, refers to an ``application;'' the Senate 
     amendment refers to a ``plan or application.''
       The House recedes with amendments including ``Plan or'' in 
     title and throughout text.
     Other General Assurances
       44B. The House bill, but not the Senate amendment, provides 
     that the Secretary shall require such consolidated 
     application materials as are absolutely necessary for the 
     consideration of the local application.
       The Senate recedes with amendment including ``plan'' 
     throughout text with ``application.''
     Relationship of State and Local Plans to Plans Under the 
         Goals 2000: Educate America Act
       44C. The Senate amendment, but not the House bill, provides 
     that each State or local plan submitted under certain ESEA 
     programs shall be integrated with each other and with the 
     State plan developed under title III of the goals 2000: 
     Educate America Act. If a State or local plan requirement in 
     these programs is satisfied for that program need not 
     separately address that requirement. State and local plans 
     may be submitted as an amendment to the Goals 2000 plan. Each 
     plan of operation under the Even Start program must be 
     consistent with plans under title III of the Goals 2000: 
     Educate America Act or, if there are no such plans, with the 
     State and local plans under the basic program (part A of 
     title I) of the ESEA.
       The House recedes.
     Waivers
       45. The Senate amendment, but not the House bill, 
     authorizes the Secretary to waive any requirement of, or 
     regulations under, the General Education Provisions Act.
       The Senate recedes. This section allows the Secretary to 
     waive programmatic requirements on State educational 
     agencies, local educational agencies and institutions 
     receiving federal funds under applicable programs, in an 
     effort to more effectively achieve the purposes of this Act. 
     Nothing in this section allows the Secretary to waive 
     requirements or provisions that Congress has placed on the 
     Department of Education, including but not limited to section 
     432 of GEPA or sections 10602 and 10603 of this Act.
     Waivers of Statutory and Regulatory Requirements
       46. The House bill authorizes the Secretary to waive 
     requirements or regulations for a ``State educational agency, 
     local educational agency, Indian tribe, or school;'' the 
     Senate amendment authorizes the Secretary to waive 
     requirements or regulations for a ``State educational agency, 
     local educational agency, Indian tribe, or other agency, 
     organization, or institution.''
       The Senate recedes with an amendment inserting ``through an 
     LEA'' after ``school.''
       Note: There is a probable error in the House bill. The last 
     ``or'' preceding section 9401(a)(1) should probably be 
     deleted, thus making the requirements of paragraphs (1) and 
     (2) apply to the entities in the matter preceding paragraph 
     (1).
       Legislative Counsel.
       47. The Senate amendment, but not the House bill, limits 
     the waiver authority to funds authorized by the ESEA ``from 
     the Department.''
       Legislative Counsel.
       48. The House bill, but not the Senate amendment, sets 
     forth the descriptions that must be in a request for waiver.
       The Senate recedes with amendment adding the word 
     ``reasonable'' such that the provision reads that in the case 
     of a waiver proposal submitted by an SEA, the SEA ``(A) 
     provides all interested local educational agencies in the 
     State with notice and a reasonable opportunity to comment on 
     the proposal.''
       49. The House bill provides that local educational agencies 
     submit waiver requests to State educational agencies which, 
     in turn, submit waiver requests to the Secretary; the Senate 
     amendment provides that waiver requests submitted by a local 
     educational agency or other agency, institution, or 
     organization receiving ESEA funds from a State educational 
     agency and is accompanied by any comments of the State 
     educational agency.
       The House recedes with an amendment striking ``or other 
     agency, institution, or organization'' such that the 
     provision reads ``in the case of a waiver proposal submitted 
     by a local educational agency that receives funds under this 
     Act from a State educational agency--''
       50. The House bill, but not the Senate amendment, provides 
     that waiver requests from Indian tribes shall be submitted to 
     the Secretary.
       The Senate recedes.
       51. The House bill requires a State educational agency, 
     local educational agency, or Indian tribe requesting waivers 
     to provide notice and information to the public. The Senate 
     amendment, in addition to requiring notice and information to 
     the public by a State educational agency, local educational 
     agency or other agency, institution, or organization, 
     requires a State educational agency to (1) provide notice to 
     all interested local educational agencies and an opportunity 
     for them to comment, and to (2) submit any comments to the 
     Secretary.
       The House recedes with amendments providing that the 
     opportunity to comment be ``reasonable.''
       52. The House bill, but not the Senate amendment, prohibits 
     waivers relating to the allocation of funds, Federal non-
     supplanting requirements, elements of a charter school, and 
     prohibitions regarding State aid (section 9502) and use of 
     funds for religious worship (section 9507).
       The Senate recedes.
       53. The Senate amendment, but not the House bill, prohibits 
     waivers relating to the distribution of funds to States or to 
     local educational agencies or other recipients of funds under 
     the ESEA, applicable civil rights requirements, or 
     requirements of section 438 and 439 of the General Education 
     Provisions Act.
       The House recedes.
       54. The House bill prohibits waivers regarding the 
     equitable participation of private school students and 
     teachers; the Senate amendment prohibits waivers regarding 
     the equitable participation of students attending private 
     schools.
       The Senate recedes.
     Waiver Period
       55. The House bill provides that the wavier period not 
     exceed 3 years; the Senate amendment provides that the waiver 
     period not exceed 4 years.
       The Senate recedes.
       56. The House bill provides for extension of the waiver 
     period if the Secretary determines that the waiver has 
     increased the quality of instruction or the academic 
     performance of students; the Senate amendment provides for 
     extension if the Secretary determines that the waiver has 
     been effective in enabling recipients to carry out activities 
     for which the waiver was requested, the waiver contributed to 
     improved performance, and extension would be in the public 
     interest.
       The House recedes.
       56. The House bill requires the Secretary to terminate a 
     waiver if the Secretary determines that the waiver hasn't 
     increased the quality of instruction, or improved students' 
     academic performance, or is no longer needed to achieve the 
     objectives of the recipients' the Senate amendment requires 
     termination if the Secretary determines that a recipient's 
     performance has been inadequate or if the waiver is no longer 
     needed to achieve its original purposes.
       The House recedes.
       58. The House bill, but not the Senate amendment, sets 
     forth reporting requirement from the local education agency 
     to the State educational agency, from the State educational 
     agency or Indian tribe to the Secretary, and from the 
     Secretary to the Congress.
       The Senate recedes with amendment striking the word 
     ``annually'' before ``shall submit'' and paragraph (A) which 
     reads ``summarizing the uses of waivers by State educational 
     agencies, local educational agencies, Indian tribes, and 
     schools; and'' such that the relevant provision reads:
       ``(4) The Secretary, at the end of the second year and 
     every year thereafter, shall submit to the Committee on 
     Education and Labor of the House of Representatives and the 
     Committee on Labor and Human Resources of the Senate a report 
     including whatever information the Secretary determines to be 
     necessary.''
       59. The Senate amendment, but not the House bill, requires 
     that notice of the Secretary's decision to grant a waiver be 
     published in the Federal Register and requires the Secretary 
     to disseminate the notice to interested parties.
       The House recedes.
     Prohibition Regarding State Aid
       60. The House bill provides that no State ``may'' take ESEA 
     funding into consideration in determining a local educational 
     agency's eligibility to receive State aid; the Senate 
     amendment provides that no State ``shall'' do so.
       The House recedes.
       61. The House bill, but not the Senate amendment, exempts 
     impact aid funding from the prohibition regarding State aid.
       The Senate receds.
     Participation by Private School Children and Teachers
       62. The House bill refers to services for the ``teachers or 
     other educational personnel'' in private schools; the Senate 
     amendment refers to services for the ``teacher, 
     administrators, and other staff'' in these schools. Also 
     includes technical drafting differences.
       The Senate recedes.
       63. The House bill, but not the Senate amendment includes 
     in the provisions regarding the applicability of programs for 
     participation by private school children and teachers the 
     library media program.
       The Senate recedes.
       64. The Senate amendment, but not the House bill, includes 
     in the provisions regarding the applicability of programs for 
     participation by private school children and teachers the 
     Star Schools program, the elementary mathematics and science 
     equipment program, and the targeted assistance program.
       The House recedes leaving open the question of science and 
     math equipment program.
       65. The Senate amendment, but not the House bill, requires 
     the educational agency or consortium to conduct a timely 
     consultation with private school officials on ESEA programs.
       The House recedes.
     Standards for By-Pass
       66. The House bill refers to by-pass standards for ``a 
     State, local or intermediate educational agency or 
     consortium,'' the Senate amendment refers to by-pass 
     standards for ``a State, local or intermediate educational 
     agency or consortium of such agencies.''
       Legislative Counsel.
       67. The provision concerning petition for review from the 
     by-pass determination includes technical drafting 
     differences.
       Legislative Counsel.
       68. The provision concerning prior determination for by-
     pass includes technical drafting difference.
       The House recedes with an amendment adding that the 
     provision shall not apply with respect to civil rights laws.
     General Provisions Regarding Nonrecipient Nonpublic Schools
       69. The general provision regarding nonrecipient nonpublic 
     schools includes technical drafting differences.
       Legislative Counsel
       70. The House bill, but not the Senate amendment, sets 
     forth provisions to comply with the Buy America Act.
       The House recedes.
       71. The House bill, but not the Senate amendment, provides 
     that it is the sense of Congress that ESEA funding recipients 
     should use ESEA funds for American-made products, and 
     requires Federal agency heads to notify recipients of this 
     ``sense.''
       The Senate recedes.
       72. The House bill, but not the Senate amendment, provides 
     that anyone convicted of falsely affixing a Made in America 
     label to a product shall be ineligible to receive a contract 
     or subcontract made with ESEA funds.
       The House recedes.
     School Prayer
       73. The House bill denies Department of Education funding 
     to any State or local educational agency that has a policy of 
     denying, or effectively denies, an individual's voluntary 
     participation in constitutionally protected prayer in public 
     schools, and bans the United States or any State or local 
     educational agency from requiring prayer or influencing the 
     content of constitutionally protected prayer in public 
     schools. The Senate amendment denies Federal funding during a 
     noncompliance period to any State or local agency judged to 
     have willfully violated a court order to remedy a violation 
     of students' rights with respect to prayer in public schools.
       The House recedes with an amendment striking ``Federal 
     funds'' and inserting ``funds under this Act.''
     Youth Programs Limitation
       74. The House bill mandates that public schools receiving 
     ESEA funds stress abstinence and age appropriate materials in 
     sex education courses, while providing that this section may 
     not be construed to authorize Federal control of, or 
     administrative action with regard to curriculum. Two Senate 
     amendments (section 407 and 408, respectively prohibit using 
     ESEA funds to promote sexual activity and to make condoms 
     available in schools.
       The House recedes with an amendment striking section 406 of 
     the Senate amendment and combining the remaining provisions 
     of the House bill and Senate amendment.
     Prohibition Against Funds for Homosexual Support
       75. The House bill provides that no local educational 
     agency ``shall use funds made available under this Act to 
     implement'' activities encouraging homosexuality; the agency 
     ``that receives funds under this Act shall implement'' such 
     activities.
       The Senate recedes with an amendment striking section 406 
     of the Senate amendment and combining the remaining 
     provisions of the House bill and Senate amendment.
       76. The House bill, but not the Senate amendment, prohibits 
     local educational agencies from using funds under the ESEA to 
     distribute or aid in the distribution by any organization of 
     any obscene material to minors on school grounds.
       The House recedes with an amendment striking section 406 of 
     the Senate amendment and combining the remaining provisions 
     of the House bill and Senate amendment.
       77. The House bill, but not the Senate amendment, provides 
     that the section prohibiting funds for homosexual support may 
     not be construed to authorize Federal control of, or 
     administrative action with regard to curriculum.
       The House recedes with an amendment striking section 406 of 
     the Senate amendment and combining the remaining provisions 
     of the House bill and Senate amendment.
       78. The Senate amendment, but not the House bill, sets an 
     effective date for the section prohibiting funds for 
     homosexual support as one day after enactment.
       The House recedes with an amendment striking section 406 of 
     the Senate amendment and combining the remaining provisions 
     of the House bill and Senate amendment.
     Nonsmoking Policy
       79. The House bill, but not the Senate amendment, (1) 
     mandates that each person receiving ESEA funds and providing 
     services to elementary and secondary school students 
     establish and make a good-faith effort to enforce a 
     nonsmoking policy that bans the smoking in indoor school 
     facilities used by children, (2) establishes due process and 
     civil penalties for noncompliance, (3) sets forth an 
     effective date, with exceptions for collective bargaining 
     agreements, of 180 days after enactment, and (4) prohibits 
     preemption of State laws at least as restrictive as the 
     Federal law.
       The House recedes.
     Policy Regarding Criminal Justice System Referral
       80. The House bill requires each local educational agency 
     receiving ESEA funds to have a policy addressing student 
     possession and use of a gun on school property, and suggests 
     possible policy content. The Senate amendment mandates that 
     no ESEA funds shall be made available to any local 
     educational agency unless that agency has a policy requiring 
     referral to the criminal justice or juvenile delinquency 
     system of any student bringing a firearm or weapon to a 
     school served by that agency.
       The House recedes.
     Gun-Free Schools
       81. The Senate amendment, but not the House bill, 
     prohibits, under the ``Gun-Free Schools Act of 1994,'' a 
     local educational agency from receiving ESEA funds unless 
     that agency has a policy of requiring expulsion from school 
     for not less than 1 year for any student bringing a weapon to 
     a school under that agency's jurisdiction. This amendment 
     allows for placement of the student in an alternative 
     setting, sets forth a 1-year grace period for States having 
     less restrictive expulsion laws, defines ``weapon'' and 
     requires local educational agencies to report on State 
     educational agencies on this matter.
       Also, sections 404 and 405 of the Senate amendment, mandate 
     disciplinary action for a student possessing a weapon in any 
     school that receives Federal funds, and amend the Individuals 
     with Disabilities Education Act to provide for an alternative 
     setting in cases of life-threatening behavior by a child with 
     a disability.
       The House recedes with several amendments: requiring states 
     receiving assistance under this Act to enact a law requiring 
     the expulsion of students who bring a weapon to school for up 
     to one year; directing the Secretary of Education to widely 
     disseminate the current policy of the Department of Education 
     with respect to disciplining children with disabilities; 
     directing the Secretary of Education to collect data on the 
     incidence of children with disabilities (as such term is 
     defined in section 602(1) of IDEA) engaging in life-
     threatening behavior or bringing all types of weapons to 
     schools and submit a report to Congress by January 31, 1995 
     analyzing the strengths and problems with the current 
     approaches regarding disciplining children with disabilities. 
     The Conferees expect that this information will assist us in 
     our deliberations around this issue next year when the 
     Individuals with Disabilities Education Act is reauthorized. 
     Additionally, the House recedes with amendments to define the 
     term ``weapons'' by incorporating by reference the definition 
     used in the Gun-Free Schools Act, i.e., ``a firearm as such 
     term is defined in section 921 of title 18, United States 
     Code.''; to modify the length of time in the alternative 
     placement is modified by inserting ``45 days'' in lieu of 90 
     days; and to clarify the construction clause by adding at the 
     end of the following phrase: ``except that this section shall 
     be interpreted in a manner that is consistent with the U.S. 
     Department of Education's Guidance Concerning State and Local 
     Responsibilities Under the Gun-Free Schools Act of 1994, as 
     printed in the Congressional Record of July 28, 1994, at S. 
     10017.''
       It is the conferees' intent that the IEP team meet to 
     determine whether an alternative placement is appropriate as 
     soon as possible after the incident occurs, especially when 
     there is reason to believe that the action of bringing the 
     gun to school is related to the child's disability.
     Ethnical Principles
       83. The House bill, but not the Senate amendment, provides 
     that it is the sense of the Congress that States, local 
     educational agencies, and schools encourage families in 
     teaching ethical principles to their children.
       The House recedes.
     Custodial Services
       84. The House bill, but not the Senate amendment, provides 
     that a local educational agency containing 5 counties and 
     with a student population exceeding 900,000 may not use ESEA 
     funding to compensate custodial personnel.
       The House recedes.
     Sense of the Congress to Increase the Total Share of Federal 
         Spending on Education
       85. The House bill, but not the Senate amendment, sets 
     forth findings and provides that it is the sense of the 
     Congress that the total share of Federal spending on 
     education should increase by 1% per year until the share 
     reaches 10% of the total Federal budget.
       The Senate recedes.
     Other Provisions
       State Recognition of Exemplary Performance
       86. The Senate amendment, but not the House bill, 
     authorizes State educational agency to implement a program of 
     State recognition awards to ESEA recipients demonstrating 
     outstanding performance.
       The Senate recedes.
     Prohibition on Federal Mandates, Direction, and Control
       87. The Senate amendment, but not the House bill, provides 
     that nothing in the ESEA shall be construed to authorize a 
     Federal employee to control a ``State, local educational 
     agency, or school's curriculum or allocation of resources, or 
     mandate costs not paid for under the ESEA.
       The House recedes.
     Report
       88. The Senate amendment, but not the House bill, requires 
     the Secretary to report to the Congress, within 180 days 
     after enactment, regarding how the Secretary shall ensure 
     that the Department's ESEA audits comply with changes made to 
     the Act, particularly with regard to permitting children with 
     similar educational needs to be observed in the same 
     educational setting.
       The House recedes.
     Required Participation Prohibited
       89. The Senate amendment, but not the House bill, provides 
     that no State shall be required to participate in Goals 2000 
     programs or to have content or student performance standards 
     approved under Goals 2000 in order to receive ESEA funds.
       The House recedes.
     Privately Managed Schools
       90. The Senate amendment, but not the House bill, provides 
     that the ESEA shall not be construed to deny States or local 
     educational agencies the opportunity to use Federal funds to 
     contract with private management firms.
       The Senate recedes.
     Evaluations
       91. The Senate amendment, but not the House bill, 
     authorizes the Secretary to reserve not more than 0.5% of 
     ESEA appropriations to carry out evaluations of the 
     effectiveness of ESEA and other Federal education programs. 
     The amendment sets forth in detail the type of evaluations 
     and studies to be undertaken, mandates the use of an 
     independent panel to review the evaluation plan, and requires 
     a report to the Congress by January 1, 1998. The amendment 
     also authorizes the Secretary to provide guidance and 
     technical assistance to ESEA recipients and provides that 
     nothing in this provision shall be construed to establish a 
     national data system.
       The House recedes with amendments to merge the House and 
     Senate language.


   iasa title II--amendments to the general education provisions act

     Drafting Style
       1. The Senate amendment uses subsection headings and U.S. 
     Code citations throughout its GEPA provisions. The House bill 
     does not.
       The House recedes.
     Title; Applicability; Definitions
       2. The Senate amendment, but not the House bill, contains a 
     parenthetical exception providing that a reference to the 
     ``Act'' does not include Part G (Conforming Amendments).
       The House recedes.
       3. The House bill heading for section 400 reads in part 
     ``TITLE''. The Senate amendment reads in part ``SHORT 
     TITLE''.
       Legislative Counsel.
     Title; Applicability; Definitions
       4. The definitions of ``applicable program'' in the House 
     bill uses the term ``statutes''. The Senate amendment uses 
     the term ``Federal law''.
       Legislative Counsel.
     Repeal and Redesignation
       5. The House bill places all of the repeal provisions in 
     one place (i.e., section 212(a)). The Senate amendment has 
     them spread among five different sections.
       The Senate recedes.
       6. The House bill, but not the Senate amendment, 
     redesignates the remaining sections and parts.
       The Senate recedes with an amendment adding section 403 to 
     the list of sections that repealed in section 212(a), and 
     striking section 403 (and its redesignation as section 401) 
     from section 212(b).
       7. The House bill, but not the Senate amendment, repeals 
     section 405 (OERI).
       This section, which authorizes the Office of Educational 
     Research and Improvement, was repealed by section 911 of P.l. 
     103-227, the Educational Research, Development, 
     Dissemination, and Improvement Act of 1994. The House 
     recedes.
       8. The Senate amendment, but not the House bill, repeals 
     sections 403, 411, and 426.
       The House recedes with an amendment providing for the 
     repeal of section 403 only.
     Office of Non-Public Education
       9. The House bill, but not the Senate amendment, amends 
     section 403 (section 401 as redesigned) to change the section 
     heading to ``Office of Non-Public Education'', strike 
     subsections (a), (b), and (c), and change ``(d)(1)'' to 
     ``(1)''.
       The House recedes.
     General Authority of the Secretary
       10. The House bill refers to ``vested''. The Senate 
     amendment refers to ``vested in the Secretary''.
       Legislative Counsel.
     Forward Funding
       11. The House bill amends the current law advance funding 
     section (411 redesignated as 420) to authorize forwarding 
     funding. The Senate amendment repeals the underlying section 
     (411).
       The Senate recedes.
     Availability of Appropriations
       12. The House bill amends the heading of section 421 (as 
     redesignated), using the term ``expenditure''. The Senate 
     amendment amends the heading of section 412, using the term 
     ``obligation''.
       The House recedes.
       13. The Senate amendment, but not the House bill, in 
     paragraph (1)(A), strikes ``to educational agencies or 
     institutions''.
       The House recedes.
       14. The Senate amendment, but not the House bill, in 
     paragraph (1)(B), changes ``expenditure'' to ``obligation''.
       The House recedes.
       15. The Senate amendment, but not the House bill, in 
     paragraph (1)(C) changes ``agency or institution concerned'' 
     to ``recipient''.
       The House recedes.
       16. The Senate amendment, but not the House bill, amends 
     section 412(b) to restrict carryover authority to 
     ``applicable State formula grant programs'', to defines the 
     term, and to make conforming changes.
       The Senate recedes.
       17. The Senate amendment strikes subsection (c) of section 
     412 pertaining to obligation of funds following the 
     institution of a judicial proceeding. The House bill retains 
     subsection (c) and changes a Revised Statues citation to a 
     U.S. Code citation.
       The Senate recedes.
     Contingent Extension of Programs
       18. The House bill provides for the contingent extension of 
     otherwise expiring programs for one additional fiscal year. 
     The Senate amendment provides for two fiscal years.
       The Senate recedes.
       19. The House bill refers to the regular congressional 
     session which ``ends prior to the beginning of the terminal 
     fiscal year''. The comparable reference in the Senate 
     amendment is ``ends prior to the terminal fiscal year'' 
     (i.e., no ``the beginning of the'').
       Legislative Counsel.
       20. The Senate amendment provides that the contingent 
     extension occurs unless the Congress ``extends or has 
     rejected legislation that would have extended'' the 
     authorization. The House bill refers to ``extends or 
     repeals''.
       The Senate recedes.
       21. The House bill and Senate amendment provision regarding 
     the amount of the authorization in the extension period are 
     worded differently but have the same effect.
       Legislative Counsel.
       22. The House bill and the Senate amendment provisions 
     regarding the Secretary's acts and determinations in the 
     extension year have the same effect but are worded 
     differently.
       Legislative Counsel.
       23. The House bill, but not the Senate amendment, provides 
     that the contingent extension authority does not apply to 
     commissions, councils, or committees.
       The Senate recedes.
     State Reports
       24. The House bill, but not the Senate amendment, requires 
     States biennially to furnish certain types of information to 
     the Secretary, and requires the Secretary to annually submit 
     a report to the House and Senate authorizing committees.
       The Senate recedes.
     Biennial Evaluation Report
       25. The House bill and the Senate amendment require the 
     same dates for submission of the reports to the House and 
     Senate committees but have different wording.
       Legislative Counsel.
       26. The Senate amendment provides that this be a report on 
     the effectiveness of programs in achieving their ``legislated 
     intent and purposes''. The House bill refers only to 
     ``legislated purposes''.
       The House recedes.
       27. Both the House bill and the Senate amendment require 
     that the report include information on the achievement of 
     program objectives. In two places in paragraph (2), the House 
     bill refers to ``evaluation information''. The Senate 
     amendment refers only to ``information''.
       The House recedes.
       28. In paragraph (3), the House bill reads ``contain 
     selected significant program activities''. The Senate 
     amendment reads ``contain selected significant program 
     activities''.
       The House recedes.
       29. In paragraph (5), the House bill, but not the Senate 
     amendment, requires the report be prepared in concise summary 
     form with necessary detailed data and appendices.
       The Senate recedes.
       30. At the end of paragraph (5), House bill reads ``of 
     their beneficiaries;''. The Senate amendment reads ``of the 
     beneficiaries of such programs and projects; and''.
       Legislative Counsel.
       31. The Senate amendment, but not the House bill requires, 
     in paragraph (6), that the report include results of the 
     Title I program evaluations under section 10107 of the 
     Elementary and Secondary Education Act of 1965 (ESEA).
       The House recedes with an amendment changing the ESEA 
     reference to section 10701.
     Technical Amendments
       32. The section heading in the House bill reads ``Technical 
     Amendment''. The heading in the Senate amendment reads 
     ``Technical Amendments.''
       Legislative Counsel.
       33. The House bill and the Senate amendment provide 
     different references to the Elementary and Secondary 
     Education Act of 1965.
       Legislative Counsel.
       34. The House bill and the Senate amendment provide 
     different references to certain provisions in the Impact Aid 
     law relating to children with disabilities and the definition 
     of low-rent housing. (Note: the House references are wrong; 
     it should read ``section 8004(d) or residing on property 
     described in section 8012(4)(A)(iii)'')
       Legislative Counsel.
     Coordination
       35. The House bill, but not the Senate amendment requires 
     that the National Assessment Governing Board, the Advisory 
     Council on Statistics, the National Education Goals Panel, 
     the National Education Statistics and Improvement Council and 
     other boards relating to standards and assessments must 
     coordinate with one another.
       The Senate recedes with an amendment correcting the names 
     of the Advisory Council on Education Statistics and the 
     National Education Standards and Improvement Council, and 
     making this provision a new section 428 of GEPA.
     Joint Funding of Programs
       36. The House bill and Senate amendment provision, 
     pertaining to the use of funds in joint funding arrangement, 
     have minor wording differences. Additionally, the Senate 
     amendment, but not the House bill, provides that the funds 
     must be used in accordance with appropriations Acts.
       The Senate recedes.
       37. In paragraph (2), the House bill refers to ``by 
     contract or grant only to recipients''. The Senate amendment 
     refers to ``only to parties''.
       The Senate recedes.
       38. In paragraph (3), the House bill refers to ``an 
     agreement''. The Senate amendment refers to ``a agreement''.
       The Senate recedes.
       39. In paragraph (3), the House bill refers to ``its 
     procedures''. The Senate amendment refers to ``such agency's 
     procedures''.
       Legislative Counsel.
       40. In paragraph (3), the House bill refers to ``award 
     contracts or grants'' and ``such awards''. The Senate 
     amendment refers to ``select recipients of funds under such 
     project'' and ``the awards'', respectively.
       Legislative Counsel.
       41. In paragraph (4), the House bill refers to ``subsection 
     (a) of this section''. The Senate amendment refers to ``this 
     subsection''.
       Legislative Counsel.
       43. In paragraph (4) the Senate amendment refers to 
     ``provides funding under the joint project''. The House bill 
     refers to ``provides funding''.
       Legislative Counsel
       43 In paragraph (4), the House bill refers to ``jointly 
     funded projects'' and to ``those projects''. The Senate 
     amendment refers to ``the jointly funded project'' and ``for 
     such project'', respectively.
       Legislative Counsel.
       44. In subsection (b), the House bill provides ``awards are 
     made''. The Senate amendment provides ``funds are awarded''.
       Legislative Counsel.
       45. In subsection (b), the House bill refers to ``must 
     meet''. The Senate amendment refers to ``shall meet''.
       Legislative Counsel.
       46. The House bill, but not the Senate amendment, provides 
     in subsection (c) that the Secretary may not construe the 
     provisions of this section to take precedence over a 
     limitation on joint funding contained in an applicable 
     statute.
       The Senate recedes.
       47. The House bill, but not the Senate amendment, requires 
     in subsection (d) that the Secretary to give notice of joint 
     funding agreements to the House and Senate committees within 
     60 days of making such agreements and describes the kind of 
     information to be provided in the notices.
       The Senate recedes.
     Collection and Dissemination of Information
       48. The House amendment and Senate amendment both amend 
     section 422 of GEPA (redesignated section 431 by the House 
     bill) to strike ``(a)'', change ``Commissioner'' to 
     ``Secretary'', and strike paragraph (4) and subsections (b) 
     and (c). The House bill makes the changes with cut and bite 
     amendments. The Senate amendment rewrites the section and, in 
     paragraph (3), changes ``their purposes.'' to ``the intended 
     purposes of such programs.''.
       The House recedes.
     Review of Applications
       49. The Senate amendment, in subparagraphs (C) and (D) of 
     paragraph (1) omits the word ``thereof'' found in paragraph 
     (1)(C) and (D) of the House bill.
       The Senate recedes.
       50. In paragraph (2), the House bill uses ``it''. The 
     Senate amendment uses ``such term''.
       Legislative Counsel.
       51. The Senate amendment, but not the House bill, breaks 
     the text of paragraph (3) into subparagraphs.
       Legislative Counsel.
       52. In paragraph (3), the House bill refers to ``each time 
     it appears''. The Senate amendment refers to ``each place 
     such term appears''.
       Legislative Counsel.
       53. The House bill, but not the Senate amendment, requires 
     that, whenever feasible, statistics and other data collection 
     and analysis be collected, cross-tabulated, analyzed and 
     reported by sex within race or ethnicity and socioeconomic 
     status. In the event that the Secretary determines that such 
     statistics or data collection and analysis reveals no 
     significant differences among such categories, the Secretary 
     shall include in the relevant report an explanation of such 
     determination.
       The House recedes.
     Technical Amendment
       54. The House bill, but not the Senate amendment, in 
     section 427 (redesignated 434), changes ``he'' to 
     ``Secretary''. Note that the House bill puts this provision 
     in a separate section while the Senate amendment places it in 
     a later section containing other technical amendments.
       The Senate recedes.
     Use of Funds Withheld
       55. The House bill, in subsection (b)(1) refers to 
     ``allotments of other local educational agencies within the 
     State, or the allotments of all States, in accordance with 
     the statutes governing the program''. The Senate amendment 
     reads: ``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''.
       The House recedes.
     Applications
       56. The Senate amendment, but not the House bill, provides 
     that the amendment is to subsection (a) of the applications 
     section (although that is the intent of the House bill).
       The House recedes.
     Regulations
       57. The House bill strikes obsolete and unnecessary 
     provisions from the current law (i.e., in cut and bite 
     provisions), keeping many of the current law requirements. 
     The Senate amendment contains similar requirements but does 
     so in a rewrite of the current law.
       The House recedes.
       58. In addition to technical differences, the Senate 
     amendment provides that, in order for one of the enumerated 
     actions to be a ``regulation'', it must have a ``legally 
     binding effect in connection with, or affecting, the 
     provision of financial assistance under any applicable 
     program.'' The House bill leaves similar language in the 
     current law provision requiring citations of legal authority.
       The House recedes.
       59. The Senate amendment requires that regulations issued 
     by the Secretary or the Department contain citations of legal 
     authority. The House bill preserves the similar current law 
     provision which differs from the Senate amendment by not 
     having the above underlined language and by providing that 
     the citation requirement applies to regulations ``in 
     connection with, or affecting, the administration of any 
     applicable program''.
       The House recedes.
       60. The uniform application provision in the Senate 
     amendment refers to ``the 50 States''. The current law 
     language preserved by the House bill refers to ``the fifty 
     States''.
       Legislative Counsel.
       61. The House bill preserves the current law provisions 
     requiring the publication of proposed regulations, a 30-day 
     comment period, publication of final regulations, 
     transmission of such final regulations to the Congress and a 
     45-day delay in their effectiveness. The Senate amendment 
     provides (i) for promulgation of regulations in accordance 
     with section 553 of the Administrative Procedure Act (with no 
     45-day delay), and (ii) that the APA grant exemption shall 
     apply only to regulations (i) that govern a grant competition 
     for the first year of a new program, or (ii) where the 
     Secretary determines that the requirements of this subsection 
     will cause extreme hardship to intended program beneficiaries 
     (similar to current law).
       The House recedes with an amendment clarifying the language 
     describing the regulations to which the APA grant exemption 
     applies.
       62. The regulations schedule provision in the Senate 
     amendment is similar to the current law provisions preserved 
     by the House bill, the major difference being that, under the 
     provisions of the Senate amendment, the schedule does not 
     have to be submitted to Congress within 60 days and 
     regulations do not have to be promulgated within 180 days 
     following the submission of the schedule. Instead, the Senate 
     amendment requires that the schedule and promulgation of 
     regulations be completed within 480 days.
       The House recedes with an amendment providing that the 
     regulations schedule must be submitted to the Congress within 
     60 days of the date of enactment of any Act, and providing 
     that the regulations must be promulgated within 360 days of 
     the date of enactment of any Act.
       63. The Senate amendment, but not the House bill (or 
     current law), provides that, if the Secretary determines, in 
     an exceptional case and for good cause, that a final 
     regulation cannot be promulgated within the 480-day period, 
     the Secretary shall include in the schedule the reasons for 
     the determination and the date when the regulation will be 
     promulgated. The Senate amendment also provides that 
     regulations will be promulgated in accordance with the 
     schedule and if, for good cause, the Secretary later 
     determines that the Department cannot comply with the 
     schedule, the Secretary shall notify the Congress with 
     reasons why and submit a new schedule.
       The Senate recedes.
     Records Reduction in Retention Requirements
       64. In paragraph (1)(A), the House bill refers to 
     ``striking out''. The Senate amendment refers to 
     ``striking''.
       Legislative Counsel.
       65. In paragraph (1)(A), the House bill refers to 
     ``inserting in lieu thereof''. The Senate amendment refers to 
     ``inserting''.
       Legislative Counsel.
       66. In paragraph (1)(C), the House bill changes current law 
     to reduce from 5 to 3 years the amount of time following a 
     grant that a recipient must retain records. The Senate 
     amendment eliminates the time period requirement altogether.
       The Senate recedes.
       67. In paragraph (2), the House refers to ``striking out''. 
     The Senate amendment refers to ``striking''.
       Legislative Counsel.
       68. In paragraph (2), the House bill refers to ``inserting 
     the lieu thereof''. The Senate amendment refers to 
     ``inserting''.
       Legislative Counsel.
       69. In paragraph (2), the House bill refers to ``currently 
     maintained''. The Senate amendment refers to ``maintained''.
       Legislative Counsel.
     Privacy Rights
       70. The Senate amendment, but not the House bill, includes 
     provisions on privacy rights which amend various portions of 
     FERPA (section 438 or 444 as redesignated by the House bill). 
     In particular, the Senate amendment (would deny funding under 
     any applicable program to any SEA which has a policy of 
     denying (or which effectively prevents) the parents of 
     students the right to inspect their children's education 
     records maintained by the SEA, (ii) provides that the 
     educational interests of other school officials, to whom 
     students' educational records may be released without 
     parental consent, include ``the educational interests of the 
     child for whom consent would otherwise be required,'' (iii) 
     adds the entity or persons designated in a Federal grand jury 
     or other subpoena to those individuals and organizations to 
     whom students' educational records may be released without 
     parental consent, (iv) provides that an educational agency or 
     institution may be prohibited for a period of 5 years from 
     providing information from educational records to a third 
     party which illegally has permitted access to students' 
     educational records or failed to properly destroy 
     information, (v) places a time constraint of 240 days 
     following enactment of the reauthorization bill on the 
     requirement for the Secretary to adopt or identify 
     appropriate regulations regarding student and family privacy 
     rights, and (vi) adds a proviso that nothing in FERPA is 
     designed to prohibit an educational agency from including 
     appropriate information in the records of a student who poses 
     a significant safety risk to other students and from 
     disclosing such information to teachers and other school 
     officials who have legitimate educational interests in the 
     behavior of the student.
       The House recedes with an amendment adding ``or 
     procedures'' to the ``appropriate regulations'' language, 
     clarifying that ``appropriate information'' is that 
     concerning disciplinary actions taken against such student 
     for conduct that poses a significant safety risk for others, 
     and making technical corrections.
     Release of Records
       71. The House bill, but not the Senate amendment, amends 
     FERPA to permit in limited circumstances the release of 
     records concerning the ability of the juvenile justice system 
     to more effectively serve students and describes the specific 
     requirements for such release.
       Senate recedes with an amendment clarifying that the 
     disclosed information concerns the juvenile justice system 
     and its ability to effectively serve the student whose 
     records are released prior to adjudication.
     Protection of Pupil Rights
       72. The House bill, but not the Senate amendment, adds new 
     provisions to section 439 (445 as redesignated by the House 
     bill) requiring instructional materials be available for 
     parental inspection, ensuring that students may not be 
     required to reveal certain types of information through 
     surveys, analyses or evaluations without prior consent, 
     requiring that parents be advised of their rights under this 
     section, requiring the Secretary to take appropriate action 
     to enforce this section, and requiring the Secretary to 
     designate an office and review board within the Department to 
     investigate, process, review, and adjudicate violations of 
     the rights established under this section.
       An identical amendment was enacted as part of Goals 2000: 
     Educate America Act, section 1017, P.L. 103-227. The House 
     recedes.
     Enforcement
       73. The House bill, but not the Senate amendment, amends 
     the GEPA audit and enforcement provisions to: clarify the 
     congressional intent regarding the establishment of a prima 
     facie case for the recovery of grant funds; extend from 30 to 
     60 days the time for filing for a review of a preliminary 
     departmental decision; prohibit ex parte contact which 
     otherwise could prejudice the review; confines the decision 
     on the making of grantbacks to whether the recipient 
     corrected the violations of law; and ensure that recovered 
     funds remain available for a reasonable period of time if a 
     recipient files for judicial review.
       The Senate recedes with an amendment preserving the current 
     law grantback language which requires that a recipient, in 
     all other respects, be in compliance with the requirements of 
     that program but provides that the recipient must have been 
     notified of its noncompliance with such requirements within 
     100 days of receiving a preliminary departmental decision 
     under section 452(a)(1).
     Technical Amendments
       74. Subsection (b) of the House bill contains ``thereof''. 
     Subsection (b)(2) of the Senate amendment contains ``of the 
     matter preceding paragraph (1)''.
       Legislative Counsel.
       75. Subsection (c) of the House bill uses ``it''. 
     Subsection (c) of the Senate amendment uses ``such term''.
       Legislative Counsel.
       76. The Senate amendment, but not the House bill, replaces 
     an exception related to an Impact Aid section with ``All 
     laborers''.
       The House recedes.
       77. Subsection (d)(1) of the House bill reads ``heading 
     of''. Subsection (e)(1) of the Senate amendment reads 
     ``heading for''.
       Legislative Counsel.
       78. Subsection (2)(A) uses ``it''. The Senate amendment 
     uses ``such term''.
       Legislative Counsel.
       79. Subsection (e)(1) of the House bill uses ``it''. The 
     Senate amendment in subsection (f)(1) uses ``such term''.
       Legislative Counsel.
       80. Subsection (e)(2)(B) of the House amendment strikes an 
     entire parenthetical phrase. Subsection (f)(2) of the Senate 
     amendment amends the language to read ``in the case of 
     programs under chapter 1 and chapter 2 of title I of the 
     Elementary and Secondary Education Act of 1965.
       Legislative Counsel.
       81. The Senate amendment, but not the House bill, strikes 
     ``title V of such Act'' and inserts ``part A of title V of 
     the Elementary and Secondary Education Act of 1965''.
       Legislative Counsel.
       82. Paragraph (2)(B) of the House bill uses ``it''. The 
     Senate amendment in subsection (2)(B) uses ``such term''.
       Legislative Counsel.
       83. In paragraph (2)(C), the House bill refers to ``(7)''. 
     The Senate amendment refers to ``(7)(B)''.
       Legislative Counsel.
       84. Subsection (g) (1) of the House bill contains the 
     phrase ``at the end thereof''. Subsection (h)(1) of the 
     Senate amendment does not.
       Legislative Counsel.
       85. Paragraph (4)(A) of the House bill and the Senate 
     amendment use different drafting styles to strike ``, or an 
     administrative head of an education agency,''.
       Legislative Counsel.
       86. Paragraph (4)(B) of the House bill and the Senate 
     amendment use different drafting styles to strike 
     ``provisions of''.
       Legislative Counsel.
       87. Paragraph (4)(D) of the House bill and the Senate 
     amendment use different drafting styles to strike 
     ``provisions of''.
       Legislative Counsel.
       88. Paragraph (5)(A) of the House bill amends ``the 
     Department of Health, Education, and Welfare'' in section 
     438(g) (redesignated section 444) to read ``the Department of 
     Education''. The paragraph (5)(A) of the Senate amendment 
     amends such language to read ``The Department''.
       Legislative Counsel.
     Equity for Students, Teachers, and Other Program 
         Beneficiaries
       89. The House bill inserts this new section as section 427. 
     The Senate amendment inserts it in section 426.
       Legislative Counsel.
       90. The House bill, near the end of subsection (a), reads 
     ``their ability''. The Senate amendment reads ``the ability 
     of such students, teachers, and beneficiaries''.
       Legislative Counsel.
       91. The House bill, in subsection (b), reads ``its 
     application the steps it proposes to take''. The Senate 
     amendment reads ``such applicant's application the steps such 
     applicant proposes to take''.
       Legislative Counsel.
       92. The House bill, in subsection (d), refers to ``is 
     intended''. The Senate amendment refers to ``shall be 
     construed''.
       Legislative Counsel.
     Disclosure Requirements
       93. The House bill is organized in a section of GEPA; the 
     Senate amendment is organized in Title XII Disclosure 
     Requirements.
       The Senate recedes with an amendment providing that this is 
     a new section 429 of GEPA.
       94. The Senate bill, but not the House amendment refers to 
     each educational agency ``prior to enrolling a minor'', and 
     in subparagraph (B) any recruitment through ``a local school 
     official''.
       The House recedes.
       95. The House bill says ``any enticements offered to such 
     teacher or personnel''; the Senate amendment says ``any 
     compensation or other benefit offered to such official, 
     teacher, or personnel''.
       The House recedes.
       96. The House bill refers to a verifiable statement ``on'' 
     all enrollment; the Senate amendment refers to a verifiable 
     statement ``in'' all enrollment.
       The House recedes.
       97. The House bill has a entitles the paragraph 
     ``Enforcement'' and has a subparagraph heading ``In 
     General''; the Senate amendment has entitles the section 
     ``Enforcement''.
       The House recedes.
       98. The House bill says the Secretary of Education shall 
     monitor compliance with the provisions of this section; the 
     Senate amendment says the Secretary shall widely disseminate 
     information about the requirements of this section, and 
     require educational organizations to submit appropriate 
     information regarding compliance with this title.
       The House recedes.
       99. The House bill says if an educational organization 
     knowingly violates any provision of this Act, the Secretary 
     of Education, after notice and opportunity for hearing, may 
     impose a civil fine of not more than $1000 for each such 
     violation; the Senate amendment says the Secretary shall take 
     whatever steps the Secretary determines are appropriate to 
     enforce this title, including imposing civil fines (not to 
     exceed $1,000 per violation) on educational organizations 
     that knowingly violate this title.
       The House recedes.
       100. The Senate bill, but not the House amendment has a 
     section heading and defines the term disability.
       The House recedes.
       101. The House bill says that educational organizations, as 
     defined by this section, means an organization or groups 
     which provides special honors programs, seminars or other 
     educational experiences or honors generally directed toward 
     minors or high school students and charges a tuition or 
     enrollment fee; the Senate has a paragraph heading and says 
     except as provided in subparagraph (B) and (C), the term 
     educational organization means any organization or entity 
     that provides an education program for a fee.
       The House recedes.
       102. The House bill, but not the Senate amendment, defines 
     further defines educational organization as an organization 
     or group which offers its program away from a students 
     regular place of school attendance, includes not less than 1 
     supervised night away from home, and is intended to enhance a 
     student's regular course of study.
       The House recedes.
       103. The House bill says advertises and recruits students 
     through commercial media, direct mailings, school recruitment 
     programs, or school administrators or teachers; the Senate 
     amendment says recruits student through means such as 
     commercial media, direct mailings, school recruitment 
     programs, school administrators, teachers, or staff, or 
     current or former participants in an education program 
     offered by such organization or entity.
       The House recedes.
       104. The House bill says the definition in subparagraph (A) 
     shall not include a local educational agency, State education 
     agency, a State department of education, or an elementary or 
     secondary school as defined by this Act; the Senate amendment 
     says such term shall not include a local educational agency, 
     a State educational agency, a State department of education, 
     or an elementary or secondary school.
       The Senate recedes with an amendment changing the reference 
     to ``this Act'' to ``the Elementary and Secondary Education 
     Act of 1965''.
       105. The House amendment, but not the Senate bill says ``as 
     defined by the Higher Education Act of 1965.
       The Senate recedes with an amendment adding a section 
     reference to the Higher Education Act of 1965 reference.
       106. The House bill says a recreational or entertainment 
     organization; the Senate amendment says a recreational 
     organization, an entertainment organization.
       The House recedes.
       107. The Senate amendment, but not the House bill, exempts 
     certain organizations or entities from the definition.
       The House recedes with an amendment simplifying the wording 
     of subparagraph (C).
       108. The Senate amendment, but not the House bill, defines 
     the term ``educational program''.
       The House recedes.
       109. The Senate amendment, but not the House bill, defines 
     the term ``local school official''.
       The House recedes.
       110. The Senate amendment, but not the House bill, defines 
     the term ``minor''.
       The House recedes.
       111. The Senate amendment, but not the House bill, defines 
     the term ``membership organization''.
       The House recedes.
       112. The Senate amendment, but not the House bill, defines 
     the term ``recreational organization''.
       The House recedes.
       113. The Senate amendment, but not the House bill defines 
     the term ``recreational program''.
       The House recedes.
     Department of Education Organization Act
       114. The Senate amendment, but not the House bill, amends 
     DEOA to establish an Office of Private Education.
       The House recedes with an amendment changing the section 
     heading to ``Office of Nonpublic Education'' and the text to 
     an updated version of the language in section 203(a) of 
     current law.
       115. The House bill amends the DEOA to repeal section 414 
     (Rules) in its entirety. The Senate amendment strikes 
     subsection (b) leaving a general statement of the Secretary's 
     authority to issue rules.
       The House recedes.
       116. The House bill, but not the Senate amendment, 
     redesignates the remaining sections of the DEOA.
       The Senate recedes with an amendment striking the 
     redesignation of sections 415 through 426.
       117. The Senate amendment, but not the House bill, amends 
     the gifts and bequests section to add ``and to accept 
     donations of services''.
       The House recedes.
       118. The House bill, but not the Senate amendment, amends 
     the DEOA table of contents.
       The Senate recedes with an amendment adding ``Sec. 214. 
     Office of Non-Public Education'', adding ``Sec. 414. Rules'', 
     and redesignating the succeeding sections accordingly.
       119. The House bill, but not the Senate amendment, 
     establishes a Special Assistant for Gender Equity within the 
     Department appointed by the Secretary.
       The Senate recedes.
     The Rehabilitation Act of 1973
       120. The Senate amendment, but not the House bill, repeals 
     sections and 9 and 100 of the Rehabilitation Act of 1973.
       The House recedes with an amendment repealing section 9 
     only.


                LASA Title III--Amendments to Other Acts

     Amendments to the Individuals with Disabilities Education Act
     Grant Amounts
       1. The House bill refers to Grant Amounts. Senate Amendment 
     refers to Maximum Amount. House bill uses the phrase 
     ``referred to in this title as the `IDEA''' in parentheses. 
     Senate amendment uses the phrase ``hereinafter in this part 
     referred to as the `Act','' and cites 20 U.S.C. 1141(a).
       The House recedes.
     Grant Amounts
       2. The House bill refers to ``the grant for which a State 
     is eligible under this section.'' Senate amendment refers to 
     ``grant for which a State is entitled under this section.''
       The House recedes.
       3. The House bill and the Senate provisions have the same 
     provision, but structure the sentence differently.
       The House recedes.
       4. The House bill and the Senate amendment have similar 
     provisions, with technical differences throughout section 
     3(A)(i) and (ii). House bill refers to 199--; Senate 
     amendment refers to 1994. House bill refers to ``as in effect 
     the day before the date of the enactment of the Improving 
     America's School Act of 1994; the Senate amendment refers to 
     ``as such subpart was in existence on the day preceding the 
     date of enactment of the Improving America's School Act of 
     1994.
       The House recedes.
       5. The House bill refers to ``as in effect the day before 
     the date of the enactment of the Improving America's Schools 
     Act of 1994,'' and the Senate amendment refers to ``(as such 
     subpart was in existence on the day preceding the date of 
     enactment of the Improving America's Schools Act of 1994)''.
       The House recedes.
       6. The House bill inserts ``and'' at the end thereof. 
     Senate bill does not.
       The Senate recedes.
       7. House bill and Senate amendment have technical 
     differences throughout (i) and (ii).
       The House recedes.
       8. The House bill refers to ``as in effect the day before 
     the date of the enactment of the Improving America's Schools 
     Act of 1994, the amount determined . . .'' while the Senate 
     amendment refers to ``(as such subpart was in existence on 
     the day preceding the date of enactment of the Improving 
     America's School's Act of 1994)''.
       The House recedes.
       9. The House bill uses the word ``semicolon'' and the 
     phrase ``at the end thereof'' while the Senate amendment 
     simply uses the symbol for semicolon and does not use the 
     phrase ``at the end thereof.''
       The House recedes.
       10. The House bill entitles (b) ``Amount Received.'' The 
     Senate amendment titles it ``State Uses.'' Technical 
     differences in the description 611(b) of IDEA.
       The House recedes.
       11. The House bill adds the phrase ``of this section'' and 
     refers to less than the combined amount it received for 
     fiscal year 1994'' while the Senate amendment refers to 
     ``less than the sum of the amount such State received for 
     fiscal year 1994.''
       The House recedes.
       12. The House bill refers to ``as in effect the day before 
     the date of the enactment of the Improving America's Schools 
     Act of 1994'' while the Senate amendment refers to ``(as such 
     subpart was in existence on the day preceding the date of 
     enactment of the Improving America's Schools Act of 1994).''
       The House recedes.
       13. The House bill refers to ``such State's fiscal year 
     1994 grants'' and the Senate amendment refers to ``that 
     State's fiscal year 1994 grants.'' The House bill refers to 
     ``as in effect the day before the date of the enactment of 
     the Improving America's Schools Act of 1994'' while the 
     Senate amendment refers to ``(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 House recedes.
       14. The House bill provides that in any fiscal year in 
     which the amount appropriated for grants under this section 
     is less, in real dollar terms, than the amount appropriated 
     in the immediate preceding fiscal year, the amount for each 
     State under this subsection will be reduced proportionately. 
     The Senate amendment provides in (3)(A) that 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.
       The House recedes.
       15. The Senate amendment further provides that 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.
       The House recedes.
       16. House bill entitles this section ``Uses of Funds.'' 
     Senate amendment entitles it ``Distribution.''
       The House recedes.
       17. House bill refers to ``up to 25 percent.'' Senate 
     amendment refers to ``not more than 25 percent.''
       The House recedes.
       18. The House bill refers to ``75 percent to local 
     educational agencies . . .'' while the Senate amendment 
     refers to 75 percent of such funds to local educational 
     agencies . . .'' and includes the word ``and'' at the end of 
     the provision.
       The House recedes.
       19. The House bill entitles the section ``State Funds;'' 
     the Senate amendment entitles it ``Formula.''
       The House recedes.
       20. The House bill refers to ``receives, from the 
     combination of such funds'' while the Senate amendment 
     includes ``(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. . 
     . .''
       The House recedes.
       21. The House bill states that the State ``may use such 
     funds to ensure that each local educational agency that 
     received fiscal year 1994 funds . . .'' The Senate amendment 
     states that the State ``shall use such funds, for fiscal 
     years 1995 and 1996, and may use such funds, for fiscal years 
     1997, 1998 and 1999, to ensure that each local educational 
     agency that received funds for fiscal year 1994 under such 
     subpart . . .''
       The Senate recedes.
       22. The House bill provides that in any fiscal year in 
     which the amount appropriated for grants under this section 
     is less, in real dollar terms, than the amount appropriated 
     in the preceding fiscal year, the amount for each State under 
     this subsection will be reduced proportionately.
       The House recedes.
       23. The House bill entitles this section ``Jurisdiction'' 
     while the Senate entitles it ``Jurisdiction.'' Technical 
     differences in describing Section 611(e)(1) of IDEA.
       Legislative Counsel.
       24. Both the House bill and the Senate amendment list the 
     jurisdictions to which the subsection applies, but the House 
     bill adds the phrase ``(until the effective date of the 
     Compact of Free Association with the Government of Palau).''
       The Senate recedes.
       25. The House bill entitles this section ``Possible Ratable 
     Reduction.'' The Senate amendment entitles it ``Insufficient 
     Appropriations'' Technical differences in the wording of the 
     section.
       The House recedes.
       26. Identical provisions except that in (B), the House 
     refers to ``the same basis as they were reduced'' while the 
     Senate amendment refers to ``the same basis as such payments 
     were reduced.'' In (C), the House bill uses the phrase 
     ``shall distribute them in accordance with this section'' 
     while the Senate amendment uses the phrase ``shall distribute 
     such funds in accordance with this section.''
       The House recedes.
       27. The House bill refers to ``such funds as it so used'' 
     and the Senate amendment refers to ``such funds as the State 
     so used.''
       The House recedes.
       28. The House bill uses the phrase ``the amount of funds 
     available to it under this section that it estimates it will 
     expend.'' The Senate amendment uses the phrase ``the amount 
     of funds available to such agency under this section that 
     such agency estimates such agency will expend.''
       The House recedes.
       29. The House bill, when referring to the state, uses the 
     word ``it.'' The Senate amendment uses the term ``the 
     State.'' See similar technical differences throughout section 
     (B).
       The House recedes.
       30. The House bill refers to ``IDEA'' while the Senate 
     amendment refers to ``the Act (U.S.C. 1141 et seq.).''
       The House recedes.
       31. The Senate amendment adds the parenthetical: ``(as such 
     subpart was in existence on the day preceding the day of 
     enactment of the Improving America's Schools Act of 1994)''.
       The House recedes.
       32. Both the House bill states that the SEA shall ensure 
     that each State agency that owns or operates or supports a 
     program or school for children with disabilities with funds 
     under this part provides each child with a disability in a 
     school or program a free appropriate public education in 
     accordance with this part, and submit an application to the 
     SEA that meets the requirements of Section 614 that the 
     Secretary finds appropriate. The Senate amendment requires 
     the same, but requires the agency to provide an application 
     to the SEA containing assurances that such measures will be 
     taken. Technical differences in the structure of the 
     provisions.
       The House recedes.
       33. The House bill entitles section (a) ``Allotments.'' 
     Senate amendment entitles it ``Amendment.'' Technical 
     differences in sentence formation. House bill amends 
     paragraph (1) of subsection (c) in the act by exempting 
     paragraphs (3) and (4). Senate amendment exempts paragraphs 
     (3), (4), and (5). in its amendment.
       The House recedes.
       34. Technical difference in provision structure. Senate 
     amendment includes ``(3) by inserting after paragraph (1) the 
     following new paragraphs:''
       The House recedes.
       35. The House bill refers to ``the relative numbers of 
     infants and toddlers'' and the Senate amendment refers to 
     ``the relative number of infants and toddlers with 
     disabilities.''
       The House recedes.
       36. The House bill refers to ``as in effect before the 
     enactment of the Improving America's Schools Act of 1994'' 
     while the Senate refers to ``(as such section was in effect 
     on the day preceding the date of enactment of the Improving 
     America's Schools Act of 1994).''
       The House recedes.
       37. The Senate amendment includes ``Except as provided in 
     paragraph (5),'' before the provision of (4)(A).
       The House recedes.
       38. The Senate amendment includes (5)(A), which is a 
     ratable reduction provision.
       The House recedes.
       39. The Senate amendment includes (5)(B) which provides 
     that 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.
       The House recedes.
     Family Support for Families of Children with Disabilities
       40. The Senate amendment includes the Support for Families 
     of Children with Disabilities Act of 1994, and amends the 
     Individuals with Disabilities Education Act by adding a new 
     part, entitled Family Support.
       The House recedes with amendments, the first amendment 
     adding a 75/25 matching requirement; the second amendment 
     clarifying the obligation of States to conduct outreach to 
     underrepresented populations such as minorities, the poor, 
     and persons with limited-English proficiency. The third 
     amendment clarifies that a state desiring to receive 
     assistance must designate an existing council or establish a 
     new council to be considered as a State Policy Council for 
     Families of Children with Disabilities. The conferees intend 
     that States should use existing councils, to the maximum 
     extent appropriate.
       41. The Senate amendment provides that a State desiring to 
     receive financial assistance under this part shall establish 
     a State Policy Council for Families of Children with 
     Disabilities.
       The House recedes with amendments, the first amendment 
     adding a 75/25 matching requirement; the second amendment 
     clarifying the obligation of States to conduct outreach to 
     underrepresented populations such as minorities, the poor, 
     and persons with limited-English proficiency. The third 
     amendment clarifies that a state desiring to receive 
     assistance must designate an existing council or establish a 
     new council to be considered as a State Policy Council for 
     Families of Children with Disabilities. The conferees intend 
     that States should use existing councils, to the maximum 
     extent appropriate.
     Stewart B. McKinney Homeless Assistance Act
       42. In General: The House bill, but not the Senate 
     amendment, amends the table of contents of Part B.
       The Senate recedes.
     Adult Education for the Homeless
       43. In General: Both the House bill and the Senate 
     amendment make amendments to the section in the McKinney Act 
     regarding education programs for homeless adults. Both the 
     House bill and the Senate amendment refer to the section as 
     ``state literacy initiatives'' but there are technical 
     differences in the structure of the section's title. Section 
     321 of the House bill is entitled ``Statement of Policy.'' 
     Section 321 of the Senate amendment is entitled ``State 
     Literacy Initiatives.''
       Legislative Counsel.
       44. The House bill includes a ``Subtitle A--Adult Education 
     for the Homeless'' and follows with a section 701 entitled 
     ``State Literacy Initiatives'' The Senate amendment amends 
     this provision at Section 702.
       Legislative Counsel.
       45. The House bill refers to ``funding recipients'' while 
     the Senate amendment refers to ``recipients of funds;'' the 
     Senate amendment refers to part H of title IV of the Job 
     Training Partnership Act, while the House bill does not refer 
     to part H; the Senate amendment refers to part A of title I 
     of the Domestic Volunteer Service Act of 1973, while the 
     House bill makes no such reference; the Senate amendment 
     refers to part F of title IV of the Social Security Act, 
     while the House bill contains no such reference; the Senate 
     amendment refers to part F of title IV of the Social Security 
     Act, while the House bill contains no such reference.
       Legislative Counsel.
       46. The Senate amendment includes the title ``Estimates and 
     Amount.'' Technical differences with respect to placement of 
     the word ``shall;'' the House bill refers to ``he or she'' 
     while the Senate amendment refers to ``such Secretary.''
       Legislative Counsel.
     Education for Homeless Children and Youth
       47. Technical differences in the structure of the title.
       Legislative Counsel.
       48. The House bill refers to ``its'' while the Senate 
     amendment refers to ``the State's.''
       Legislative Counsel.
       49. The House bill refers to ``they'' while the Senate 
     amendment refers to ``such children and youth.''
       Legislative Counsel.
       50. Technical difference in the position of the section 
     headings and in the structure of provision on general 
     authority.
       Legislative Counsel.
       51. The House bill refers to ``and use these funds under 
     terms that the Secretary determines best meet the purposes of 
     the covered programs.'' The Senate amendment refers to ``and 
     use of the funds described in clause (i) under terms that the 
     Secretary determines best meet the the purposes of the 
     programs described in such clause.''
       Legislative Counsel.
       52. Activities: The House bill entitles this section 
     ``Activities'' while the Senate amendment entitles it 
     ``Mandated Activities.'' Both the House bill and the Senate 
     amendment make the activities mandatory, by use of the word 
     ``shall.''
       The Senate recedes.
       53. Grants: The House bill refers to ``shall provide grants 
     to local educational agencies for purposes of section 723.'' 
     The Senate amendment refers to ``shall use 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.''
       The Senate recedes.
       54. The House bill refers to ``at its discretion, may 
     provide such grants;'' the Senate amendment refers to ``at 
     such agency's discretion, may provide grants.''
       Legislative Counsel.
     Functions of the Office of Coordinator
       55. The House bill refers to ``homeless children and youth 
     and their families, including children who are preschool 
     age;'' the Senate amendment refers to ``homeless children and 
     youth, including children and youth who are preschool age, 
     and families of such children and youth.''
       Legislative Counsel.
     State Plan
       56. The House bill refers to ``equal access to the same 
     public preschool programs, administered by the State agency, 
     as provided to other children'' while the Senate amendment 
     refers to ``equal access to preschool programs provided to 
     other children.''
       The Senate recedes.
       57. The House bill refers to ``that serves each homeless 
     child and youth;'' the Senate amendment refers to ``of each 
     homeless child and youth.''
       Legislative Counsel.
       58. The House bill refers to ``any public school;'' the 
     Senate amendment refers to ``any school.''
       The Senate recedes.
       59. In General: The House bill provides that in determining 
     the best interests of the child or youth under subparagraph 
     (A), the local educational agency shall comply with the 
     request made by a parent or guardian regarding school 
     selection unless there is a compelling reason for not 
     complying with this request. The Senate amendment provides 
     for the same compliance requirement, but states that the 
     local educational agency shall comply with the request ``to 
     the extent feasible.''
       The House recedes with an amendment deleting provision 
     requiring that a compelling reason be shown for 
     noncompliance.
     Provision and Coordination of Services
       60. In General: Transportation: The House bill requires 
     that 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 transportation services. The Senate amendment 
     includes the same provision, but states that transportation 
     services shall be one of the comparable services provided to 
     homeless children and youth,'' except as required by 
     paragraph (9),'' which requires that the state plan 
     demonstrate that transportation will be provided at no cost 
     to homeless children and youth attending the school in which 
     such children are enrolled.
       The Senate recedes.
       61. In General. The House bill provides that each local 
     educational agency serving homeless children and youth that 
     receives assistance under this subtitle shall coordinate with 
     local social service agencies and other agencies or programs 
     providing services to such children or youth or their 
     families including services and amendment has the identical 
     provision, but does not require coordination with services or 
     programs funded under the Runaway and Homeless Youth Act.
       The Senate recedes.
       62. The House bill refers to each local educational agency 
     ``in a state'' and ``receives a grant under this subtitle;'' 
     the Senate amendment refers to ``receives assistance under 
     this subtitle.''
       Legislative Counsel.
       63. In General: Homelessness Liaison: The House bill 
     provides that each local educational agency receiving 
     assistance under this subtitle appoint a homelessness liaison 
     to ensure that ``homeless families, children and youth 
     receive educational services for which they are eligible, 
     including preschool programs administered by the local 
     educational agency''; the Senate amendment refers only to 
     ``preschool programs.''
       The Senate recedes with an amendment to include Head Start 
     so that the provision would read ``including Head Start 
     programs and preschool programs administered by the local 
     education agency. . .''.
       64. LEA Plan: The Senate amendment provides that each plan 
     adopted shall demonstrate that transportation will contain 
     procedures for resolving disputes between LEAs or within as 
     LEA concerning transportation costs for homeless children and 
     youth.
       The Senate recedes.
       65. In General: Coordination of Services: The House bill 
     refers to ``A State and local educational agency shall 
     coordinate'' and ``Consideration shall be given to State and 
     local housing and shelter policies described in the 
     Comprehensive Housing Affordability Strategy;'' the Senate 
     amendment provides that ``Where applicable, each State and 
     local educational agency shall coordinate'' and includes 
     after strategy ``described in section 105 of the Cranston-
     Gonzalez National Affordable Housing Act.
       The House recedes.
     Local Education Agency Grants For the Education of Homeless 
         Children and Youth
       66. Technical differences in structure of the heading.
       Legislative Counsel.
       67. The House bill refers to ``and with amounts made 
     available;'' the Senate amendment refers to ``and from 
     amounts made available.''
       Legislative Counsel.
       68. LEA Grants: General Authority: The House bill provides 
     that where services are provided through programs to homeless 
     students to homeless students on school grounds, schools may 
     provide services to other children and youth who are 
     determined by the local educational agency to be at risk of 
     failing in, or dropping out of, schools, on an incidental 
     basis. The Senate amendment does not include the provision 
     ``on an incidental basis.'' Instead, it includes the 
     identical provision stated above, and adds ``except that 
     priority for such services shall be given to homeless 
     children and youth.''
       The Senate recedes.
       69. The House bill provides that ``Services provided under 
     this section are not intended to replace the regular academic 
     program and shall be designed to expand upon or improve 
     services provided as part of the school's regular academic 
     program.'' The Senate amendment states that Services shall be 
     designed to expand upon or improve services provided as part 
     of the schools' regular academic program, but does not 
     include that services are not intended to replace the regular 
     academic program.
       The Senate recedes.
     Authorized Activities
       70. The House bill refers to ``and with amounts made 
     available;'' the Senate amendment refers to ``and from 
     amounts made available.''
       Legislative Counsel.
       71. Authorized Activities: The House bill and the Senate 
     amendment both provide that authorized activities include the 
     provision of before- and after-school and summer enrichment 
     programs in which a teacher or other qualified individual 
     provides tutoring, homework assistance, and supervision of 
     educational activities. The House bill, however, includes 
     mentoring programs in this list while the Senate amendment 
     does not.
       The Senate recedes.
       72. Authorized Activities: The House bill includes 
     ``including programs funded under the Runaway Homeless Youth 
     Act.''
       The Senate recedes.
       73. Authorized Activities: The House bill refers to the 
     provision of counseling as an authorized activity; the Senate 
     amendment refers to the provision of pupil services.
       The Senate recedes.
       73A. (page 137 of the side-by-side) Add ``1989'' after 
     ``1988.''
       74. Authorized Activities: The House bill includes the 
     provision of school supplies; the Senate amendment does the 
     same, but expands the provision to school supplies to be 
     distributed at shelters or temporary housing facilities, or 
     other appropriate locations.''
       The House recedes with an amendment such that the provision 
     would read: ``the provision of school supplies, including 
     those to be distributed at shelters or temporary housing 
     facilities, or other appropriate locations;''.
     Secretarial Responsibilities
       75. Technical differences in heading.
       Legislative Counsel.
       76. Submission and Distribution: The House bill, but not 
     the Senate amendment, provides that the Secretary shall 
     require applications for grants to be submitted to the 
     Secretary not later than the expiration of the 60-day period 
     beginning on the date that funds are available, and shall 
     make such grants not later then 120 days later than that 
     date.
       The Senate recedes.
       77. Secretarial Responsibilities: The House bill, but not 
     the Senate amendment, provides that the Secretary shall 
     determine the extent to which State educational agencies are 
     ensuring that each homeless child and youth have access to a 
     free appropriate public education.
       The Senate recedes.
       78. Reporting Requirements: The House bill provides that 
     the Secretary shall prepare and submit a report to ``the 
     Committee on Education and Labor of the House of 
     Representatives and the Committee on Labor and Human 
     Resources of the Senate on the programs and activities 
     authorized by this subtitle by December 31, 1997, and every 
     third year thereafter. The Senate amendment has a similar 
     provision, except it states that the Secretary shall prepare 
     and submit a report ``to Congress.''
       The Senate recedes.
     Other Act
       Goals 2000: Educate America Act
       79. The Senate amendment repeals various sections of Goals 
     2000: Educate America Act, and amends other sections.
       The House recedes.
       80. The Senate amendment amends Section 204 of the Goals 
     2000: Educate America Act by providing that the National 
     Education Goals Panel and the National Education Standards 
     and Improvement Council may accept, administer, and utilize 
     gifts or donations of services, money, or property, whether 
     real or personal, tangible or intangible.
       The House recedes.
       81. The Senate amendment amends paragraph (4) of section 
     309(a) of the Goals 2000: Educate America Act by inserting 
     the words ``made by the local educational agency'' after the 
     words ``modifications.''
       The House recedes.
       82. The Senate amendment amends paragraph (2) of section 
     702(b) of the Safe Schools Act of 1994 (20 U.S.C. 5962(b)(2) 
     by striking ``10 percent'' and inserting ``5 percent.''
       The Senate recedes.
       83. The Senate amendment provides that 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.
       The House recedes with amendment reserving 1 percent to 
     outlying areas and BIA.
       84. The Senate amendment repeals Title II of the Education 
     Council Act of 1991.
       The House recedes.
       85. The Senate amendment repeals Title IV of the Hawkins-
     Stafford Elementary and Secondary School Improvement 
     Amendments of 1988.
       The House recedes.
       86. The Senate amendment repeals the Star Schools Program 
     Assistance Act.
       The House recedes.
       87. The Senate amendment repeals the Fund for the 
     Improvement and Reform of Schools and Teaching Act.
       The House recedes.
       88. The Senate amendment makes amendments to Title II of 
     the Technology-Related Assistance for Individuals with 
     Disabilities Act of 1988.
       The House recedes.
       89. The Senate amendment amends Title II of the Dept. of Ed 
     Organization Act by adding provisions for an Office of Indian 
     Education.
       The Senate recedes.
       90. The Senate amendment amends Title XI of the Higher 
     Education Act of 1965 by including provisions regarding rural 
     community service.
       The Senate recedes.
       92. The Senate amendment amends the Carl D. Perkins 
     Vocational and Applied Technology Education Act.
       The House recedes.
       93. The Senate amendment makes technical amendments to 
     section 101A, striking ``and Palau'' and all that follows 
     through the end of the subsection, and inserting ``the 
     Federated States of Micronesia, the Republic of the Marshall 
     Islands, and the Republic of Palau.'' This provision states 
     that the set-aside for the outlying areas shall include these 
     regions listed here.
       The House recedes.
       94. The Senate amendment amends the Second Morrill Act.
       The House recedes.
       95. The Senate amendment amends section 312 of the Higher 
     Ed Act of 1965.
       The House recedes with an amendment:
       The House recedes with an amendment to strike the special 
     definition of a ``state'' contained in the Senate amendment 
     and add to section 312(b)(1)(C) of the Higher Education Act 
     the names of the three institutions in the Freely Associated 
     States (College of the Marshall Islands, College of 
     Micronesia/Federate States of Micronesia, and Palau Community 
     College.
       96. The Senate amendment further amends the McKinney 
     Homeless Assistance Act Regarding the Family Support Center 
     Program.
       The House recedes.
       97. The Senate amendment amends the National Foundation on 
     the Arts and the Humanities Act of 1965, increasing the 
     authorization level to $100,000.
       The House recedes.
       98. The Senate amendment amends the Library Services and 
     Construction Act. The House recedes. The Senate amendment 
     effectively extends the Library Services and Construction Act 
     for an additional fiscal year.
       The House recedes.
       99. The Senate amendment amends Section 315 of Goals 2000: 
     Educate America Act with respect to the Bureau of Indian 
     Affairs.
       The House recedes.
       100. The Senate amendment includes a part G covering cross 
     references and conforming amendments.
       Legislative Counsel.
       ``Community School Partnership Act''
       1. The Senate amendment, but not the House bill, authorizes 
     the ``Community School Partnership Act''. This amendment 
     provides a 1-year, $10 million authorization of 
     appropriations to enable the Secretary of Education to make 
     an endowment grant to a national nonprofit organization to 
     promote higher education goals for students from low income 
     families through the development of local affiliated chapters 
     in high-poverty areas.
       The House recedes with an amendment to strike ``the 
     presence of any mental, sensory, or physical'' in Section 
     8943(2)(E) of the Senate amendment and, in Section 8947 of 
     the Senate amendment, to strike ``1995'' and insert ``1996''.
       Technical Amendments to the Carl D. Perkins Vocational and 
           Applied Technology Education Act
       2. The Senate amendment, but not the House bill, restores 
     the definition of the term ``institution of higher 
     education'' for purposes of the Perkins Act as it applied 
     prior to passage of the Higher Education Amendments of 1992. 
     The amendment permits a State that previously distributed 
     FY94 funds to proprietary institutions of higher education, 
     however, to continue to distribute such funds to those 
     institutions until July 1, 1995.
       The House recedes.
       3. The Senate amendment, but not the House bill, clarifies 
     the eligibility of institutions in the Freely Associated 
     States, formerly ``Trust Territory of the Pacific Islands,'' 
     for vocational education programs.
       The House recedes with an amendment to substitute for the 
     language of the Senate amendment a technical clarification of 
     Section 101A of the Carl D. Perkins Vocational and Applied 
     Technology Education Act updating the statutory reference to 
     the Republic of Palau, formerly Palau, and Pacific Region 
     Educational Laboratory (PREL), formerly the Center for 
     Advancement of Pacific Education (CAPE).
       Technical Amendment to the Second Morrill Act
       4. The Senate amendment, but not the House bill clarifies 
     the continued land grant status for the three institutions of 
     higher education located in the successor governments of the 
     former Trust Territory of the Pacific Islands (the Federated 
     States of Micronesia, the Republic of the Marshall Islands, 
     and the Republic of Palau).
       The House recedes.
       Technical Amendments to the Higher Education Act
       5. The Senate amendment, but not the House bill, amends 
     Section 312 of the Act to clarify the eligibility of 
     institutions in the Freely Associated States for Title III 
     programs by adding to that section a special definition of a 
     ``state'' for the purposes of Part A of Title III of the Act.
       The House recedes with an amendment to strike the special 
     definition of a ``state'' contained in the Senate amendment 
     and add to Section 312(b)(1)(C) of the Higher Education Act 
     the names of the three institutions in the Freely Associated 
     States (College of the Marshall Islands, College of 
     Micronesia/Federated States of Micronesia, and Palau 
     Community College).
       6. The Senate amendment, but not the House bill, amends 
     Section 404G of the Act to eliminate the funding trigger for 
     the National Early Intervention Scholarship and Partnership 
     Program.
       The House recedes.
       7. The Senate amendment, but not the House bill, makes a 
     conforming change to Section 428(c)(1) of the Act to remove 
     Lender-of-Last-Resort loans from the calculation of a 
     guaranty agency's reinsurance ``trigger'' rate.
       The House recedes.
       8. The Senate amendment, but not the House bill, amends 
     Section 428C of the Act to allow the inclusion of HHS nursing 
     loans in the HEA, Title IV Consolidation Loan Program.
       The House recedes.
       9. The Senate amendment, but not the House bill, amends 
     Section 439 of the Act to increase from 15% to 30% the 
     current restriction on the value of transactions that the 
     Student Loan Marketing Association may enter into which 
     involve student and faculty housing. THe Senate amendment 
     also expands the category of student and faculty housing to 
     include athletic facilities, dining halls, and student 
     unions.
       The House recedes with an amendment to strike ``athletic 
     facilities'' and insert ``facilities generally open for 
     promoting fitness and health for students, faculty, and staff 
     or for physical education courses''.
       10. The Senate amendment, but not the House bill, amends 
     Part G of Title IV of the Act to exempt public and private, 
     nonprofit nursing schools that award a diploma, rather than a 
     degree, from the clock-credit hour conversion formula for the 
     purposes of calculating eligibility for Title IV assistance.
       The House recedes.
       11. The Senate amendment, but not the House bill, amends 
     Section 484(j) of the Act to clarify the eligibility of 
     citizens of the Freely Associated States, formerly the Trust 
     Territory of the Pacific Islands, for the Pell Grant, TRIO, 
     FSEOG, SSIG, Robert C. Byrd Honors Scholarship Program, and 
     Federal Work Study programs.
       The House recedes with an amendment to strike from the 
     language of the Senate amendment ``subparts 1, 2, 3, 4, and 6 
     of part A, . . .'' and insert ``subpart 1, chapter 1 of 
     subpart 2, subpart 3, and subpart 6 or part A, . . .'', 
     thereby striking the reference to SSIG and restricting to 
     chapter 1 TRIO programs such eligibility under subpart 2 of 
     Title IV of the Higher Education Act.
       12. The Senate amendment, but not the House bill, amends 
     Section 723 of the Act to allow a participating institution's 
     escrow funds to be returned when it repays its loan(s) made 
     under this part, as opposed to when all loans made to all 
     institutions under this part are retired.
       The House recedes with an amendment to clarify that an 
     eligible institution is required to maintain in escrow an 
     amount equal to, but not in excess of, 10 percent of its own 
     outstanding principal.
       13. The Senate amendment, but not the House bill, amends 
     Section 435(o) of the Act to allow borrowers with a 20 
     percent or greater federal education debt to disposable 
     income ratio, to obtain an ``economic hardship deferment'' 
     for a maximum of 3 years on their subsidized Title IV student 
     loans (Stafford and FISL loans).
       The House recedes with an amendment rewriting the 
     additional criterion for economic hardship deferments to 
     provide such deferments for borrowers whose federal education 
     debt burden equals or exceeds 20 percent of their adjusted 
     gross income (AGI) and whose AGI, minus federal education 
     debt burden, is less than 220 percent of the poverty level 
     measurement specified in the Department of Education's final 
     regulations of June 29, 1994, pertaining to the ``economic 
     hardship'' deferment.
       The Managers adopted this provision to clarify the meaning 
     of the term ``economic hardship.'' Our action should not be 
     interpreted as a change in the course of action we took 
     regarding student loan deferments in the 1992 Higher 
     Education Amendments. Those amendments eliminated categorical 
     deferments for subsidized Title IV Loans, and we continue to 
     support this policy.
       The 1992 Higher Education Amendments directed the Secretary 
     of Education to consider income and debt-to-income ratio as 
     primary factors in developing criteria to determine borrower 
     eligibility for the ``economic hardship'' deferment. Although 
     the Secretary's Notice of Proposed Rulemaking did take into 
     account a borrower's debt-to-income ratio as specified by 
     Section 435(o)(2) of the Higher Education Act as amended, the 
     final regulation does not do so. The Managers, therefore, 
     agreed to language to clarify that borrowers with a very 
     significant federal education debt burden, relative to their 
     level of income, are considered to have an ``economic 
     hardship.''
       In implementing this language, the Managers intend that 
     ``federal education debt burden'', as used in this amendment 
     to Section 435(o) of the Act, shall consist of the annual 
     total payments a borrower would be expected to make on all 
     his federal education loans pursuant to a standard 10-year 
     repayment schedule.
       14. The Senate amendment, but not the House Bill, amends 
     Section 1544 of the Higher Education Amendments of 1992 to 
     permit institutions that practice need-blind admissions to 
     voluntarily agree with other such institutions to: award non-
     federal HEA financial aid to students only on the basis of 
     demonstrated financial need, determine student financial aid 
     for non-federal HEA aid on common principles of need 
     analysis, use common aid application forms for non-federal 
     HEA aid, and exchange through an independent 3rd party 
     certain financial data on commonly admitted applicants. The 
     Senate amendment does not waive any requirements or 
     obligations imposed under HEA nor does it affect any pending 
     litigation. The provision sunsets on September 30, 1999.
       This provision extends for an additional three years the 
     temporary antitrust exemption for certain collegiate 
     financial aid award analysis, which was originally enacted 
     with the Higher Education Amendments of 1992 as a two-year 
     exemption. The temporary exemption has also been revised in 
     light of the ``standards of conduct'' adopted as part of the 
     settlement of the antitrust action between the Department of 
     Justice and Massachusetts Institute of Technology in the case 
     of United States v. Brown University, et al., Civ. Action No. 
     91-3274 (E.D. Pa.), on December 22, 1993.
       As revised, the temporary exemption applies only to 
     institutions of higher education that admit students on a 
     need-blind basis. The definition of ``on a need-blind basis'' 
     in subsection (c)(6) is based on language in the ``standards 
     of conduct'' adopted in the MIT settlement. See also United 
     States v. Brown University, 5 F.3d 658(1993).
       The managers have decided against elaborating on the need-
     blind admissions standard in the statutory text. As should be 
     obvious, however, evidence of a practice among admissions 
     personnel at an institution of higher education of examining, 
     discussing, or otherwise considering information relating to 
     a student's financial circumstances that is derived from such 
     student's financial aid application form, or from any other 
     document or record obtained for the purpose of ascertaining 
     such financial circumstances, before the decision is made 
     regarding the student's admission will substantially increase 
     the institution's burden of demonstrating that the school's 
     admissions policy is truly need-blind. Prudence would counsel 
     that schools wishing to make use of this provision insulate 
     their admissions, process and admissions personnel as 
     completely as possible from such student financial aid 
     information, until after the admissions process is complete.
       The term ``principles of need analysis'' in subsection 
     (a)(2) has been substituted for the term ``principles of 
     professional judgment'' in the earlier provision, and the 
     inclusion of limited exchange of data specified in subsection 
     (a)(4) has been added, in light of the ``standards of 
     conduct'' adopted in the MIT settlement.
       The sunset provision has been extended to September 30, 
     1997. While the Managers have decided to continue a temporary 
     exemption for this limited period, it is expected that the 
     exemption will not be extended further. Upon the expiration 
     of this extension, those who support extending the exemption 
     must meet the burden of demonstrating that it is truly needed 
     in order to advance the generally pro-competitive goal of 
     enhancing access by needy students to higher education.
       15. The Senate amendment, but not the House bill, amends 
     Section 455(f) of the Act to clarify that ``old borrowers'' 
     (those who took out their first Title IV loan prior to July 
     1, 1993), who take out a Title IV, Part D loan will be 
     eligible for the same deferment opportunities on such Part D 
     loans as will ``old borrowers'' who take out additional Title 
     IV, Part B loans.
       The House recedes.
     Equity in Athletics Disclosure Act
       16. The Senate amendment, but not the House bill, 
     authorizes the ``Equity in Athletics Disclosure Act''. This 
     amendment to Section 485 of the Higher Education Act requires 
     each institution that participates in Title IV student aid 
     programs, and has an intercollegiate athletic program, to 
     submit to the Secretary of Education an annual report 
     detailing its expenditures for each of its sports teams, 
     differentiating between the levels of participation and 
     expenditures for its men's, women's, and coeducational teams. 
     The amendment further requires that these expenditures be 
     broken down into various specific categories and that, upon 
     request, the information gathering pursuant to this new 
     authority be disclosed to prospective students and to the 
     public. The amendment requires the Secretary to compile and 
     publish this information, breaking it down by both 
     institution and athletic conference, in an annual report, the 
     first of which is to be issued on or before July 1, 1995. The 
     effective date of the amendment is July 1, 1994.
       The House recedes with an amendment eliminating the 
     requirement that institutions submit an annual report to the 
     Secretary of Education. The amendment adds language requiring 
     the Secretary to issue final regulations to eliminate the 
     gender equity provisions within 180 days after enactment of 
     this subsection. Each coeducational institution with an 
     intercollegiate athletic program must, upon request, make 
     available to prospective students, students, and the public 
     its first annual report pertaining to its men's and women's 
     varsity sports teams no later than October 1, 1996.
       The House amendment modifies the Senate amendment's 
     definition of ``operating expenses'' and requires that 
     institutions report each team's total annual ``operating 
     expenses''. The House amendment allows institutions to, at 
     their discretion, additionally report team operating expenses 
     on a per capita basis. The House amendment also permits 
     institutions to report revenues generated on an individual 
     team basis, in addition to the mandatory reporting of 
     revenues generated across all men's sports and revenues 
     generated across all women's sports.
       In developing regulations to implement the gender equity in 
     athletics provisions, the Managers intend that the Secretary 
     ensure that those institutions electing to include the 
     optional reporting elements of per capita operating expenses 
     by team and individual team revenues do so alongside of the 
     total team operating expenses and the total team revenues 
     aggregated by gender, respectively, as required pursuant to 
     (g)(1)(B)(ii) and (g)(1)(F). The Managers agree that these 
     additional reporting elements are to be included at the 
     discretion of the individual institution.
     Equity in Educational Land-Grant Status Act of 1994
       17. The Senate amendment, but not the House bill, 
     authorizes the ``Equity in Educational Land-Grant Status Act 
     of 1994'' to establish land-grant college status for 29 
     Native American institutions of higher education. For each of 
     fiscal years 1996-2000, the amendment authorizes $4.6 million 
     to establish an endowment fund for the ``1994 Institutions'' 
     and $1.7 million for institutional capacity building grants. 
     The amendment also authorizes $6.45 million under existing 
     land-grant program authorities for FY96 and for each fiscal 
     year thereafter for the ``1994 Institutions.''
       The House recedes with an amendment to strike ``research'' 
     and insert ``instructional activities''.
       The conferees in recognition of the distinguished service 
     of William D. Ford agree to re-name the Federal Direct 
     Student Loan Program the William D. Ford Federal Direct 
     Student Loan program, and that henceforth such direct loans 
     shall be called Stafford-Ford Loans. In conferring this 
     honor, the conferees are fully aware that the Department of 
     Education has numerous printed forms and materials referring 
     to the current program. The conferees, therefore, intend that 
     the Department and direct loan program participants continue 
     to use existing materials and forms until they are exhausted, 
     but that any new programs and materials that are prepared and 
     printed after the effective date of this legislation shall 
     bear designation of the program as the William D. Ford 
     Federal Direct Student Loan Program and refer to such loans 
     as Stafford-Ford loans.


              IASA TITLE IV--NATIONAL EDUCATION STATISTICS

       1. The House bill places the National Education Statistics 
     Act as Title IV of the Improving America's Schools Act; the 
     Senate amendment places it as Title XIV of ESEA.
       The Senate recedes.
     Findings; Purpose; Definitions
       2. The House bill, but not the Senate amendment, defines 
     various terms because the National Education Statistics Act 
     is freestanding and not part of ESEA.
       The Senate recedes.
       3. The House bill defines ``United States'' and ``State'' 
     to, for the purposes of the NAEP assessment to mean the 50 
     states, the District of Columbia, Puerto Rico, Guam, American 
     Samoa, the Virgin Islands, the Commonwealth of the Northern 
     Marianas and the Republic of Palau (until the effective date 
     of the Compact of Free Association with the Government of 
     Palau); the Senate amendment defines ``State'' and ``United 
     States'' to mean the 50 states, D.C., Puerto Rico, Guam, 
     American Samoa, the Virgin Islands, the Commonwealth of the 
     Northern Marianas, the Republic of the Marshall Islands, the 
     Federated States of Micronesia, and Palau.
       The House recedes with an amendment clarifying that the 
     definition in subparagraph (B) includes the language in 
     subparagraph (A).
     Duties of the National Center for Education Statistics
       4. The House bill, but not the Senate amendment, provides 
     that the duties are to collect statistics on the condition of 
     education at the preschool, elementary, secondary, and 
     postsecondary level.
       The Senate recedes.
       5. The House bill says in subparagraph (B) that data should 
     be collected ``at all levels of education, and includes ``out 
     of school youth and adults in subparagraph (C);'' the Senate 
     amendment in subparagraph (B) says ``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.''
       The Senate recedes with an amendment including ``secondary 
     school completions, dropouts, and adult literacy''.
       6. The Senate amendment, but not the House bill, includes 
     data on educational access and opportunity, including data on 
     financial aid to postsecondary students.
       The House recedes with an amendment inserting postsecondary 
     education.
       7. The House bill includes data on teachers, 
     administrators, counselors, and other educational personnel 
     at all levels of education, including the supply and demand 
     for such teachers; the Senate amendment includes data on 
     teaching, including curriculum, instruction, the conditions 
     of the education workplace, and the supply 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.
       The House recedes with an amendment changing ``curriculum'' 
     to ``course-taking''.
       8. The House bill includes data on the learning and 
     teaching environment including the nature and incidence of 
     violence affecting students, school personnel, and other 
     individuals participating in school activities; the Senate 
     amendment included data the learning environment, and on 
     libraries, the incidence of crime, violence, and substance 
     abuse.
       The House recedes with an amendment combining the two 
     provisions.
       9. The House bill, but not the Senate amendment, includes 
     data on violence against teachers and students and other 
     indices of school safety.
       The Senate recedes with an amendment combining the 
     provisions.
       10. The Senate amendment, but not the House bill, includes 
     data on revenues and expenditures.
       The House recedes.
       11. The House bill says collecting, analyzing, cross-
     tabulating, and reporting to the extent feasible so as to 
     provide information by gender, race, socioeconomic status, 
     limited-English proficiency, and other population 
     characteristics when such information would facilitate 
     decisionmaking; the Senate amendment has a subsection 
     heading, and states the Center shall ensure that data in 
     subsection (a)(1) whenever feasible, are collected by race, 
     ethnicity, and socioeconomic status.
       The Senate recedes.
     Performance of Duties
       12. The Senate amendment, but not the House bill, provides 
     a time limit for grants, contracts, and cooperative 
     agreements.
       The House recedes.
       13. The House bill, but not the Senate amendment, refers to 
     ``public and private'' schools and ``preschools''.
       The Senate recedes.
     Advisory Council on Education Statistics
       14. The House bill provides for a 18 member council 
     appointed on the basis of their experience ``within the 
     field'' with practicing educators at the preschool, 
     elementary, or secondary school level, and 3 experts in 
     educational measurement; the Senate amendment provides for a 
     15 member council appointed on the basis of their experience 
     ``within the field of education statistics'', with 3 
     educators and a paragraph heading.
       The Senate recedes with an amendment striking ``at the 
     preschool, elementary, or secondary level''.
       15. The House bill, but not the Senate amendment, provides 
     for 3 individuals representing the public.
       The Senate recedes.
       16. The House bill requires the Commissioner to appoint the 
     presiding officer; the Senate amendment requires the 
     Secretary to appoint the presiding officer and entitles the 
     paragraph ``Presiding Officer''.
       The Senate recedes.
       17. The House amendment says six members; the Senate 
     amendment says 5 members and includes a paragraph heading.
       The Senate recedes.
       18. The House bill says the council shall meet in public 
     session at the call of the presiding officer and whenever 10 
     members request a meeting; the Senate amendment has a 
     paragraph heading, and says that the council shall meet at 
     the call of the presiding officer and whenever 8 members 
     requesting a meeting.
       The Senate recedes.
       19. The House bill says that 11 members constitute a 
     quorum; the Senate amendment says 9 members constitute a 
     quorum and has a subparagraph heading.
       The Senate recedes.
       20. The House bill, but not the Senate amendment, says that 
     the Council shall advise the Commissioner and National 
     Assessment Governing Board on matters related to the National 
     Assessment.
       The Senate recedes with an amendment clarifying that the 
     advice is on technical and statistical matters.
       21. The House bill, but not the Senate amendment, provides 
     that the council shall appoint a staff.
       The Senate recedes with an amendment providing that the 
     staff shall consist of not more than 6 individuals with 
     technical expertise.
     Confidentiality
       22. The House bill, but not the Senate amendment, provides 
     that no collection of information and data to review except 
     as required by OMB.
       The Senate recedes.
     Dissemination
       23. The House bill says funds for work in this paragraph 
     ``shall be deposited in a separate account that may be used 
     to pay''; the Senate amendment says funds for work in this 
     subsection ``may be used for the fiscal year for which such 
     funds are received to pay'' and has a paragraph heading.
       The House recedes with an amendment striking ``for the 
     fiscal year for which such funds are received''.
       24. The House bill says the Center shall cooperate with 
     other federal agencies; the Senate amendment says the Center 
     shall, consistent with section 14008, participate with other 
     federal agencies, and has a subsection heading.
       The Senate recedes with an amendment ensuring that this 
     provision is administered consistent with the provisions of 
     section 408.
       25. The House bill says the Commissioner shall establish 1 
     or more national cooperative education statistics systems; 
     the Senate says the Commissioner may establish such systems.
       The House recedes.
       26. The Senate amendment, but not the House bill, 
     authorizes a model data system to yield information about 
     spending for administration at the school and local 
     educational agency level and directs the Secretary to report 
     to the Congress on several factors relating to the potential 
     to reduce such administrative costs.
       The House recedes with an amendment striking the required 
     study and report.
     National Assessment of Educational Progress
       27. The House bill provides that the Commissioner shall 
     carry out a national assessment with the advice of the 
     Council established by section 407 and says (the National 
     Assessment); the Senate amendment says with the advice of the 
     National Assessment Governing Board established under section 
     14012 and says (hereafter in this part referred to as the 
     National Assessment).
       The House recedes with an amendment combining the 
     provisions.
       28. The House bill, but not the Senate amendment, says that 
     data is collected on students in public and private schools.
       The Senate recedes.
       29. The House bill says to include information on special 
     groups; the Senate amendment says to include, whenever 
     feasible, information collected, cross-tabulated, analyzed 
     and reported by sex, race or ethnicity and socioeconomic 
     status.
       The House recedes with an amendment combining the 
     provisions.
       30. The Senate amendment, but not the House bill, says to 
     collect and report data on students receiving services under 
     part A of Title I.
       The Senate recedes.
       31. The House bill, but not the Senate amendment, provides 
     that state assessments be conducted on a trial basis.
       The Senate recedes with an amendment changing ``trial'' to 
     ``developmental'' and providing the State assessments will be 
     developmental until the Commissioner, based on evaluation 
     results, determines that they produce high quality data that 
     is valid and reliable.
       32. The House bill says the Commissioner may decline to 
     make cognitive questions available to the public; the Senate 
     amendment says the Secretary may do this and has a 
     subparagraph heading.
       The Senate recedes.
       33. The House bill, but not the Senate amendment, says the 
     Commissioner may make test instruments available for 
     assessments at the local educational agency level of 
     requested by an State educational agency or local educational 
     agency and only in a limited number of cases.
       The House recedes.
       34. The House bill, but not the Senate amendment, says 
     participation by a local educational agency shall be 
     voluntary.
       The House recedes.
       35. The House bill, but not the Senate amendment, says that 
     a local educational agency must provide a written statement 
     of concurrence for participating in local assessments.
       The House recedes.
       36. The House bill, but not the Senate amendment, requires 
     that an agency give assurances to the Commissioner.
       The House recedes.
       37. The House bill says the Commissioner shall enter into 
     agreements with states; the Senate amendment says the 
     Secretary shall enter into agreements and has a paragraph 
     heading.
       The Senate recedes.
       38. The House bill, but not the Senate amendment, provides 
     that the non-federal share shall include the analysis and 
     reporting of the data; the Senate amendment has paragraph and 
     subparagraph headings.
       The House recedes with an amendment adding analysis and 
     reporting costs as examples of the reasonable costs 
     associated with the non-Federal share.
       39. The House bill, but not the Senate amendment, says that 
     the implementation of subparagraph (C) shall involve no costs 
     to the federal government.
       The House recedes.
       40. The House bill, but not the Senate amendment, says the 
     National Assessment Governing Board working with the 
     Assistant Secretary shall develop student performance levels, 
     and that the Commissioner, with the advice of the Council, 
     establish standards for the evaluation of the levels.
       The Senate recedes with an amendment striking ``working 
     with the Assistant Secretary'' and the provision requiring 
     the Commissioner to develop evaluation standards.
       41. The House bill, but not the Senate amendment, says that 
     the levels shall be devised through a consensus approach, 
     used on a trial basis, updated as appropriate, and reported 
     separately from the national assessment when used on a trial 
     basis.
       The Senate recedes with an amendment changing ``trial'' to 
     ``developmental'' and providing that the Commissioner and the 
     Board shall ensure that reports that use the developmental 
     student performance levels do so in a manner that makes clear 
     their developmental status.
       42. The House bill, but not the Senate amendment, says that 
     after determining the levels are reasonable, valid, and 
     informative to the public, the Commissioner may use them in 
     reporting the results of the National Assessment and State 
     assessments.
       The Senate recedes with an amendment (i) clarifying that 
     the Commissioner determines their reasonableness, validity, 
     and informative value through an evaluation under subsection 
     (f), and (ii) providing that once the Commissioner has made 
     this determination, the Commissioner shall use the levels to 
     report NAEP results.
       43. The House bill provides that the Commissioner shall 
     provide for review by the National Academy of Education or 
     the National Academy of Sciences of national, state, and 
     local assessments, including each trial state assessment, and 
     student performance levels, and describes factors to be 
     reviewed in the trial state assessments; the Senate amendment 
     says the Secretary shall provide for the review of national 
     and state assessments and does not specify the entities to 
     carry it out.
       The House recedes with an amendment (i) including 
     developmental student performance levels, and (ii) providing 
     that the evaluations are to be performed by one or more 
     nationally recognized evaluation organizations such as the 
     National Academy of Education and the National Academy of 
     Sciences.
     National Assessment Governing Board
       44. The Senate amendment, but not the House bill, says that 
     the testing and measurement experts shall have training and 
     experience in the field of testing and measurement.
       The House recedes.
       45. The House bills says the Secretary shall ensure the 
     membership of the Board reflects regional, racial, gender, 
     and cultural diversity and balance; the Senate amendment says 
     the Secretary and Board shall ensure this, that the Board 
     exercises independent judgment, free from inappropriate 
     influences and special interests, and has a paragraph 
     heading.
       The House recedes.
       46. The House bill limits terms to 3 years and no member 
     may serve more than 2 consecutive terms; the Senate amendment 
     limits service to one 4 year term.
       The Senate recedes with an amendment limiting service to 
     not more than two 3 year terms.
       47. The House bill says that the Secretary shall fill 
     vacancies after soliciting recommendations from a variety of 
     organizations including those representing the types of 
     individuals on the Board, and in a manner that maintains the 
     composition and diversity of the Board; the Senate amendment 
     says the Secretary shall fill vacancies from individuals 
     recommended by the Board which shall nominate 3 people for 
     each vacancy.
       The Senate recedes with an amendment providing that (i) 
     nominees will be supplied by organizations representing the 
     types of individuals needed to fill the vacancy, (ii) each 
     group will nominate 6 people for each vacancy, (iii) the 
     Secretary, in making appointments will maintain the 
     composition, diversity, and balance of the Board, and (iv) 
     the Secretary may request that each organization submit 
     additional nominees if the Secretary determines that none of 
     the individuals nominated by such organization has 
     appropriate experience.
       48. The House bill says the Board, working with the 
     Assistant Secretary, shall develop student performance 
     levels; the Senate amendment says in carrying out its 
     functions under this section the Board shall identify 
     appropriate achievement goals.
       The Senate recedes with an amendment striking the 
     requirement that the Board work with the Assistant Secretary.
       49. The House bill says that assessment objectives and 
     tests specifications shall be developed through a national 
     consensus approach; the Senate amendment says that each 
     learning area assessment shall have goal statements devised 
     through a national consensus approach.
       The Senate recedes.
       50. The Senate amendment, but not the House bill, says the 
     Board shall select subject areas to be assessed, design the 
     methodology of the assessment, and develop standards and 
     procedures for comparisons.
       The House recedes with an amendment providing that the 
     Board shall design the methodology of the assessment in 
     consultation with appropriate technical experts including the 
     Advisory Council on Education Statistics.
       51. The House bill says recommendations for actions needed 
     to improve the National Assessment; the Senate amendment says 
     take appropriate actions needed to improve the Assessment.
       The House recedes.
       52. The Senate amendment, but not the House bill, says the 
     Board may delegate certain functions to its staff.
       The House recedes.
       53. The Senate amendment, but not the House bill, says the 
     Board shall have final authority on the appropriateness of 
     cognitive items.
       The House recedes.
       54. The House bill says the Board working with the 
     Commissioner shall take steps to ensure items are free from 
     bias; the Senate amendment says the Board shall take steps to 
     ensure items are free from bias.
       The Senate recedes with an amendment striking the 
     requirement that the Board work with the Commissioner in 
     ensuring that items used in the National Assessment are free 
     of bias.
       55. The House bill, but not the Senate amendment, says the 
     Board shall seek technical advice from the Commissioner and 
     Advisory Council.
       The Senate recedes with an amendment providing that the 
     Board ``may'' seek technical advice from the Advisory Council 
     and includes ``other experts.''
       56. The House bill, but not the Senate amendment, says the 
     Board shall report on steps it is taking to respond to 
     recommendations of the evaluations of the student performance 
     levels.
       The Senate recedes.
       57. The Senate amendment, but not the House bill, says that 
     the Board shall be independent of the Secretary and the 
     Department.
       The House recedes.
       58. The House bill allows the Secretary to appoint staff at 
     the request of the Board ''as will enable the Board to carry 
     out its responsibilities''; the Senate amendment allows the 
     Secretary to appoint staff at the direction of the Board ``as 
     the Board requires.''
       The Senate recedes with an amendment striking the reference 
     to subsection (e)(1).
       59. The House bill refers to ``not more than 6 technical 
     employees''; the Senate amendment refers to ``not more than 6 
     technical employees to administer this subsection.''
       The Senate recedes.
       60. The House bill says the Commissioner and Board shall 
     meet to coordinate their duties and activities relating to 
     the National Assessment; the Senate amendment says the 
     Commissioner shall report to the Board on Department actions 
     to implement the Board's decisions.
       The Senate recedes with an amendment combining the 
     provisions.
       61. The House bill says that only sections 10, 11, and 12 
     of Federal Advisory Committee Act shall apply to the Board; 
     the Senate amendment says the Board shall have the 
     authorities authorized by the Federal Advisory Committee Act 
     and be subject to its open meeting provisions.
       The Senate recedes.
       62. The House bill, but not the Senate amendment, says that 
     no member or employee of the Board may lobby on legislation 
     except when a representative of the Board has been requested 
     to testify, and establishes penalties for violations of this 
     provision.
       The House recedes.
     Authorization of Appropriations
       63. The House bill authorizes $103,200,000 for fiscal year 
     1995 and such sums for fiscal years 1996 through 1999 for 
     this title except for section 412; the Senate amendment 
     authorizes $100 million for fiscal year 1995 and such sums 
     for each of the 4 succeeding fiscal years.
       The House recedes with an amendment authorizing (i) $65 
     million for fiscal year 1995 and such sums as may be 
     necessary for each of the four succeeding fiscal years for 
     NCES, and (ii) $35 million for fiscal year 1995 and such sums 
     as may be necessary for the succeeding two fiscal years for 
     NAEP.
       64. The House bill authorizes $2 million for fiscal years 
     1995 and 1996 for section 412; the Senate amendment says not 
     more than 10 percent of the funds available for the National 
     Assessment may be used for the National Assessment Governing 
     Board and has a subsection and paragraph heading.
       The Senate recedes with an amendment and authorizes $3 
     million for fiscal years 1995, and such sums as may be 
     necessary for each of the two succeeding fiscal years.


                 iasa title v--miscellaneous provisions

       The Senate amendment, but not the House bill, provides 
     that, 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.
       The House recedes.
       1. The House bill, but not the Senate amendment, requires 
     that the Secretary conduct an evaluation of how the federal 
     government has assisted the states to reform their 
     educational systems, through the various education laws 
     enacted during the 103rd Congress.
       The House recedes.
     Budget Compliance
       2. The House bill, but not the Senate amendment, says that 
     any authority or requirement to make funds available under 
     this Act shall be effective only to the extent provided in 
     appropriations Acts.
       The Senate recedes.
     Parental Involvement
       3. The Senate amendment, but not the House bill, declares 
     that it is the policy of the Congress that states, in 
     cooperation with LEAs, schools, and parents' groups, should 
     be encouraged to involve parents of children who display 
     criminal or violent behavior at school in disciplinary 
     actions affecting such children.
       The Senate recedes.
     Grants to States for Workplace and Community Transition 
         Training for Incarcerated Youth Offenders
       4. The Senate amendment, but not the House bill, 
     establishes a program to provide grants to states to assist 
     and encourage incarcerated youths to acquire literacy, life, 
     and job skills through the pursuant of education while in 
     prison and on parole.
       The House recedes with amendments to insert ``education'' 
     between ``State correction'' and ``agency'' and insert ``for 
     each eligible student'' after ``State'' in paragraph (e)(3) 
     and change the authorization from $18 million to $5 million.
     Criminal History Investigations of School Bus Drivers
       5. The Senate amendment, but not the House bill, requires 
     that notwithstanding any other provision of law, an LEA may 
     not employ a school bus driver until the LEA conducts a 
     background check of the driver. The background check must 
     meet the guidelines of section 3(b) of the National Child 
     Protection Act of 1993.
       The Senate recedes.
     Rate of Pay for the Deputy Director of the National Institute 
         on Disability and Rehabilitation Research
       6. The Senate amendment, but not the House bill, allows the 
     Secretary to compensate anyone appointed during 1994 to be 
     Deputy Director of the National Institute on Disability and 
     Rehabilitation Research at level 5 of the Senior Executive 
     Services Schedule.
       The House recedes.
       7. The Senate amendment, but not the House bill, includes a 
     title called ``Workers Technology Skill Development.''
       The House recedes with amendments to section 505(c) 
     clarifying that in the development and dissemination of 
     materials, the grant recipient could include information 
     dealing with labor-management cooperation as well as the 
     involvement of workers in designing new workplace practices.
       8. Community School Partnerships. The Senate amendment 
     authorizes the Secretary to competitively award an endowment 
     grant to a national organization to enable such organization 
     to support the establishment of area program centers that 
     foster the development of local affiliated chapters in high-
     poverty areas which work to improve high-school graduation 
     rates and postsecondary attendance through scholarship and 
     other support services.
       The House recedes.
     Albert Einstein Distinguished Educator Fellowship Act
       The Senate amendment establishes the ``Albert Einstein 
     Distinguished Educator Fellowship Act of 1994.''
       The House recedes.
     Waste Management Education Research Consortium (WERC)
       1. The Senate amendment authorizes the Secretary to 
     establish a partnership of Department of Energy laboratories, 
     academic institutions, and private sector industries to 
     conduct environmentally related education programs, including 
     programs involving environmentally conscious manufacturing 
     and waste management activities that have undergraduate and 
     graduate educational training as a component.
       The House recedes.
       The Senate amendment establishes ``The Multi-Ethnic 
     Placement Act of 1994'', the purpose of which is to decrease 
     the length of time that children wait to be adopted, to 
     prevent discrimination in the placement of children on the 
     basis of race, color or national origin, and to facilitate 
     the identification and recruitment of foster and adoptive 
     families that can meet children's needs.
       The House recedes with amendments replacing references to 
     ``racial identity needs'' with ``racial background'' and 
     requiring an agency to comply with this subtitle not later 
     than 6 months after publication of the guidance referred to 
     in subsection (c), or 1 year after enactment, whichever is 
     sooner.


                         multiethnic placement

                   Subtitle A--Multiethnic Placement

     Multiethnic Foster Care and Adoption Placements
       Title VI of the Civil Rights Act of 1964 provides that 
     programs that receive federal funds cannot discriminate on 
     the basis of race, color, or national origin. Although race, 
     color, or national origin may not be used as a basis for 
     providing benefits or services, the federal policy guidelines 
     that interpret Title VI's meaning in the context of adoption 
     and foster care permit officials to consider these factors in 
     making placements. The guidelines state that: ``In placing a 
     child in an adoptive or foster home it may be appropriate to 
     consider race, color, or national origin as one of several 
     factors . . . This policy is based on unique aspects of the 
     relationship between a child and his or her adoptive or 
     foster parent. It should not be construed as applicable to 
     any other child welfare or human services area covered by 
     Title VI.''

                      Subtitle B--Other Provision

     Effect of Failure to Carry Out State Plan
       The ``State plan'' titles of the Social Security Act 
     include Aid to Families with Dependent Children (AFDC) (Title 
     IV-A), Child Welfare Services (Title IV-B), Child Support and 
     Establishment of Paternity (Title IV-D), Foster Care and 
     Adoption Assistance (Title IV-E), Job Opportunities and Basic 
     Skills Training (JOBS) (Title IV-F), and Medicaid (Title 
     XIX). Under these titles, as a precondition of funding, each 
     participating State is required to develop a written ``State 
     plan'' that meets certain statutory requirements in order to 
     be approved by the Secretary of the Department of Health and 
     Human Services (HHS).
       The Adoption Assistance and Child Welfare Act of 1980 
     amended the Social Security Act to require States to provide 
     in their Title IV-E plans that, in the case of each child, 
     reasonable efforts will be made (a) prior to the placement of 
     the child in foster care, to prevent or eliminate the need 
     for removal of the child from his home, and (b) to make it 
     possible for the child to return to his home (sec. 
     471(a)(15)).
       On March 25, 1992, the U.S. Supreme Court held in Suter v. 
     Artist M., that the ``reasonable efforts'' clause does not 
     confer a federally-enforceable right on its beneficiaries, 
     nor does it create an implied cause of action on their 
     behalf. In rendering its opinion, the Court also stated that 
     although section 471(a) does place a requirement on the 
     States, that requirement ``only goes so far as to ensure that 
     the States have a plan approved by the Secretary which 
     contains the 16 listed features.''
     House Bill
       No provision.
     Senate Amendment
       The official title of the Senate Amendment is the 
     Multiethnic Placement Act of 1994. The stated purpose of the 
     Multiethnic Placement Act is to decrease the length of time 
     that children wait to be adopted and to prevent 
     discrimination in the placement of children on the basis of 
     race, color or national origin. It has the following 
     provisions:
       Prohibition
       Agencies or entities receiving Federal funds who are 
     involved in adoption or foster care placements may not, 
     solely on the basis of the race, color, or national origin of 
     the adoptive or foster parent, or the child, involved: (1) 
     categorically deny to any person the opportunity to become an 
     adoptive or foster parent, or (2) delay or deny the placement 
     of a child for adoption or into foster care, or otherwise 
     discrimination in making a placement decision.
       Permissible Consideration
       Any agency or entity may consider the race, color or 
     national origin of child as a foster in making a placement 
     decision if the factor is relevant to the best interests of 
     the child involved and is considered in conjunction with 
     other factors.
       Definition
       The term ``placement decision'' means the decision to 
     place, or to delay or deny the placement of, a child in a 
     foster care or an adoptive home, and includes the decision of 
     the agency or entity involved to seek the termination of 
     birth parent rights or otherwise make a child legally 
     available for adoptive placement.
       Limitation
       The Secretary of HHS is prohibited from providing funds 
     under Title IV-E of the Social Security Act for placement and 
     administrative expenditures to any agency or entity that is 
     not in compliance with the anti-discrimination policy 
     outlined above.
       Equitable Relief
       The Act would provide a right to bring an action seeking 
     relief in U.S. district court to any individual who is 
     aggrieved by a violation of the anti-discrimination policy 
     outlined above.
       Construction
       Nothing in the Multiethnic Placement Act shall be construed 
     to affect the application of the Indian Child Welfare Act.


                          conference agreement

                   Subtitle A--Multiethnic Placement

     Multiethnic Foster Care and Adoption Placements
       The conference agreement follows the Senate amendment with 
     the following modifications:
       Purpose
       Change the purpose to read: It is the purpose of this Act 
     to promote the best interests of children by: (1) decreasing 
     the length of time that children wait to be adopted; (2) 
     preventing discrimination in the placement of children on the 
     basis of race, color, or national origin; and (3) 
     facilitating the identification and recruitment of foster and 
     adoptive families that can meet children's needs.
       Permissible Consideration
       Change permissible consideration to read: An agency or 
     entity to which the prohibition against discrimination 
     applies may consider the cultural, ethnic, or racial 
     background of the child and the capacity of the prospective 
     foster or adoptive parents to meet the needs of the child of 
     this background as one of a number of factors used to 
     determine the best interests of a child.
       Limitation
       Substitute the following language: Noncompliance with this 
     Act constitutes a violation of Title VI of the Civil Rights 
     Act of 1964.
       Amendment to Title IV-B Child Welfare Services program
       Add the following Title IV-B State plan requirement: The 
     State plan must provide for the diligent recruitment of 
     potential foster and adoptive families that reflect the 
     ethnic and racial diversity of children in the State for whom 
     foster and adoptive homes are needed.
       Federal Guidance and Deadline for Compliance
       Add the following: Not later than 6 months after enactment 
     the Secretary of HHS must publish guidance to concerned 
     public and private agencies and entities with respect to 
     compliance with the Multiethnic Placement Act. An agency or 
     entity that receives Federal assistance and is involved with 
     adoption or foster care placements shall comply not later 
     than 6 months after publication of guidance or 1 year after 
     enactment, whichever is sooner. In cases where a State 
     demonstrates to the Secretary's satisfaction that a 
     particular practice cannot be changed without amending State 
     law, the Secretary may extend the compliance date for such 
     State a reasonable number of days after the closing of the 
     first State legislative session beginning after the Federal 
     guidance is published.

                      Subtitle B--Other Provision

     Effect of Failure To Carry Out State Plan
       The provision would amend Title XI of the Social Security 
     Act by adding a new section that reads as follows: ``In an 
     action brought to enforce a provision of the Social Security 
     Act, such provision is not to be deemed unenforceable because 
     of its inclusion in a section of the Act requiring a State 
     plan or specifying the required contents of a State plan. 
     This section is not intended to limit or expand the grounds 
     for determining the availability of private actions to 
     enforce State plan requirements other than by overturning any 
     such grounds applied in Suter v. Artist M., 112 S. Ct. 1360 
     (1992), but not applied in prior Supreme Court decisions 
     respecting such enforceability; provided, however, that this 
     section is not intended to alter the holding in Suter v. 
     Artist M. that section 471(a)(15) of the Act is not 
     enforceable in a private right of action.''
       The intent of this provision is to assure that individuals 
     who have been injured by a State's failure to comply with the 
     Federal mandates of the State plan titles of the Social 
     Security Act are able to seek redress in the federal courts 
     to the extent they were able to prior to the decision in 
     Suter v. Artist M. while also making clear at that there is 
     no intent to overturn or reject the determination in Suter 
     that the reasonable efforts clause to Title IV-E does not 
     provide a basis for a private right of action.
       The amendment would apply to actions pending on the date of 
     enactment and to actions brought on or after the date of 
     enactment.
     For consideration of the House bill and the Senate amendment 
     (except for sections 601-603 and 801-805):
     William D. Ford,
     George Miller,
     Dale E. Kildee,
     Pat Williams,
     Major R. Owens,
     Tom Sawyer,
     Donald M. Payne,
     Jolene Unsoeld,
     Patsy T. Mink,
     Jack Reed,
     Tim Roemer,
     Eliot L. Engel,
     Xavier Becerra,
     Gene Green,
     Lynn C. Woolsey,
     Carlos Romero-Barcelo,
     Karan English,
     Ted Strickland,
     Robert A. Underwood,
     From the Committee on Education and Labor for consideration 
     of sections 601-603 of the Senate amendment:
     William D. Ford,
     Major R. Owens,
     Donald M. Payne,
     From the Committee on Ways and Means for consideration of 
     sections 601-603 of the Senate amendment:
     Sam Gibbons,
     Harold Ford,
     From the Committee on Education and Labor for consideration 
     of sections 801-805 of the Senate amendment:
     William D. Ford,
     Pat Williams,
     Tom Sawyer,
     From the Committee on Agriculture for consideration of 
     sections 801-805 of the Senate amendment:
     Kika de la Garza,
     Charlie Stenholm,
     Pat Roberts,
                                Managers on the Part of the House.

     Edward M. Kennedy,
     Claiborne Pell,
     Howard M. Metzenbaum,
     Christopher J. Dodd,
     Paul Simon,
     Tom Harkin,
     Barbara A. Mikulski,
     Jeff Bingaman,
     Paul Wellstone,
     Harris Wofford,
     Nancy Landon Kassebaum,
     James M. Jeffords,
     Orrin Hatch,
     Dave Durenberger,
                               Managers on the Part of the Senate.