[Congressional Record Volume 145, Number 143 (Wednesday, October 20, 1999)]
[House]
[Pages H10423-H10514]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      STUDENT RESULTS ACT OF 1999

  The Committee resumed its sitting.
  Mr. CLAY. Madam Chairman, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. GOODLING. Madam Chairman, I yield myself 4\1/2\ minutes, the 
balance of the time.
  Madam Chairman, I am extremely happy that this is not a status quo 
piece of legislation. We have had status quo in this program for the 
first 20 years of this program, and it was a disaster. In 1994, we 
added a little bit of accountability. We are not sure what that brought 
us yet. We will find that out after the studies are done by the 
Department as to how they messed up the scoring on the tests.
  I am also pleased that this has been a bipartisan effort, as most of 
our education bills have. I am happy to say that, so far, we passed the 
Flexibility Act in a bipartisan fashion. I am happy to say that we 
passed the Teacher Empowerment Act in a bipartisan fashion. The 
bipartisan Teacher Empowerment Act takes care of the class size 
reduction problem. The tax bill takes care of the building problem. I 
am happy that all of those have been passed out of our committee and on 
the floor of the House.
  I am happy to say that, when we get to the amendment process, we will 
model all the preschool programs that they talk about after a program 
that has worked. It is called Even Start. We will make sure that, as a 
matter of fact, that is the model.
  I think we better be careful about increasing funds. Generally, if 
you failed for a period of time, they say, okay, show us what you are 
going to do to be

[[Page H10424]]

successful, and then we will see whether you are successful, and then 
we will determine whether you should receive considerably more money.
  I am sure that, by the time we implement this and it is in vogue for 
a couple of years, we will be able to go to the appropriators and say 
look how successful we have been, and they will be very happy to 
increase funds.
  So when we get to the amendment process, we will all have different 
ideas of how we make this bill better. I have heard the subcommittee 
ranking member say that on many occasions, and I always say, ``but that 
means we have to do it your way.'' So we will see how that process 
goes.
  But to this point, we have had a wonderful time. We had a horrible 4-
day markup. But everybody had an opportunity to vent their emotions and 
whatever else they were doing at that particular time. The end result 
will be that the most disadvantaged youngsters, the children who need 
us the most, will benefit from this program. They will not continue to 
be left behind. We cannot afford to leave them behind.
  Mr. MANZULLO. Madam Chairman, I reluctantly rise today to express my 
concerns about the Student Results Act, H.R. 2.
  The proponents of this bill attempt to accomplish many positive 
reforms to several federal education programs, such as reinforcing 
parental rights in the bilingual education program; offering school 
choice, if states want it, for students in low performing schools; and 
changing the poverty threshold requirement for school-wide program 
eligibility.
  However, while I believe this legislation is well intended, I am 
deeply concerned by this bill's overstepping of the authority of the 
federal government. Just because the federal government is responsible 
for about 6 percent of a state's (or local district's) total education 
budget, it appears that some of my colleagues believe we can exercise 
power to impose our education policies on states and local schools 
districts.
  For example, the Illinois Administrative Code contains a state-
adopted standard for all teachers' aids. This federal legislation 
preempts all state requirements for teachers' aids, and, of course, if 
a state did not follow the federal requirements, then the state or 
local school agency would not be eligible to receive Title I funding. 
The federal government has no authority for dictating standards for 
teachers' aides. The next step is dictating standards for teachers.
  Also, a provision has been included in H.R. 2 that would supersede 
and interfere with state laws for tort liability in an area where there 
is no interstate commerce or other justification for federal 
preemption. This provision would provide limited civil litigation 
immunity to teachers, principals, and other local school officials who 
engage in ``reasonable actions to maintain school discipline.'' This is 
not a federal issue. It is a state issue, and every state, including 
Illinois, has a tort immunity act involving State employees, such as 
teachers. However, H.R. 2 mandates a one-size-fits-all plan on how 
states should handle their local claims.
  I appreciate the efforts that my colleagues have made to reform the 
current education program that funds low-income students. I believe 
that a new approach is needed and applaud many of the innovative ideas 
that have found their way into this legislation. If I were a member of 
the state legislature, I would support this bill. Unfortunately, H.R. 2 
goes way beyond what our Constitution envisions as the proper role for 
the federal government with regard to education policies.
  Mr. CANNON. Madam Chairman, I rise today in support of H.R. 2, the 
Student Results Act of 1999. I would like to thank Chairman Goodling 
for his work on this bill.
  Several weeks ago, I approached the Chairman to discuss some of the 
education issues facing Utah, including a 20 percent cut in Title I 
funding due to changes in the allocation formulas implemented this past 
year. The Chairman has graciously addressed those issues by including 
language to ``Hold Harmless'' those states that are experiencing 
dramatic cuts in their Title I funding.
  This provision will allow Utah, and several other small states, to 
continue funding levels for the education of disadvantaged students.
  Today we seek to empower disadvantaged students across the country by 
providing them access to a better education. We desire to help them 
develop a foundation from which they can succeed. By providing 
educational opportunities we will ensure that these children will have 
the tools to become productive members of society.
  A good education is essential to achieving success in life. Through 
this bill we will help to provide funding for teachers, books, and 
supplies to contribute to a quality education for disadvantaged 
students, helping them to build confidence and self esteem. We need to 
provide them with the tools to enter society and not only survive but 
thrive. In doing so we seek to guarantee the future of our nation and 
our way of life.
  I believe that a good education is one of the greatest gifts that we 
can give our children. By passing this bill we will be improving the 
education of disadvantaged students all across the country. I urge my 
colleagues' support of H.R. 2, the Student Results Act of 1999.
  Mr. GARY MILLER of California. Madam Chairman, I rise today in 
support of H.R. 2 the ``Student Results Act of 1999.''
  H.R. 2 authorizes the Title of the Elementary and Secondary Education 
Act and other programs assisting disadvantaged students.
  Under H.R. 2:
  States, School Districts and Schools Held Accountable to Demonstrate 
Results to Parents.--All states, school districts and schools will be 
held accountable for ensuring their students meet high academic 
standards set by states.
  H.R. 2 Closes Achievement Gaps.--States, local school districts and 
schools must improve the achievement of all groups of students so that 
no one is left behind.
  H.R. 2 Rewards Excellence.--Rewards Title I schools that make 
substantial progress in closing achievement gaps.
  H.R. 2 Empowers Parents.--Parents and the community will be provided 
report cards on student achievement, teacher qualifications, and other 
important indicators of school quality in Title I schools.
  H.R. 2 Expands School Choice Opportunities.--Gives families the 
option to take children out of failing Title I schools and enroll in 
other public or charter schools.
  H.R. 2 Sends More Dollars to the Classroom.--95 percent of Title I 
school district dollars are directed to the classroom.
  H.R. 2 Protects Local Control and Flexibility.--States and Local 
school districts may request waivers to tailor these programs to their 
unique needs through Ed-Flex or from the Secretary.
  H.R. 2 Focuses on What Works.--Ensures that federal education 
programs will fund instruction based on the most current, proven 
research--not the latest trends.
  Once again, I urge my colleagues on both sides of the aisle to 
support the Student Results Act.
  Mr. GOODLING. Madam Chairman, I yield back the balance of my time.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the committee amendment in the nature of a 
substitute printed in the bill is considered as an original bill for 
the purpose of amendment and is considered read.
  The text of the committee amendment in the nature of a substitute is 
as follows:

                                 H.R. 2

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Student 
     Results Act of 1999''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.

                        TITLE I--STUDENT RESULTS

                         Part A--Basic Program

Sec. 101. Low-achieving children meet high standards.
Sec. 102. Purposes and intent.
Sec. 103. Authorization of appropriations.
Sec. 104. Reservation and allocation.
Sec. 105. State plans.
Sec. 106. Local educational agency plans.
Sec. 107. Eligible school attendance areas.
Sec. 108. Schoolwide programs.
Sec. 109. Targeted assistance schools.
Sec. 110. School choice.
Sec. 111. Assessment and local educational agency and school 
              improvement.
Sec. 112. State assistance for school support and improvement.
Sec. 113. Academic achievement awards program.
Sec. 114. Parental involvement changes.
Sec. 115. Qualifications for teachers and paraprofessionals.
Sec. 116. Professional development.
Sec. 117. Participation of children enrolled in private schools.
Sec. 118. Coordination requirements.
Sec. 119. Grants for the outlying areas and the Secretary of the 
              Interior.
Sec. 120. Amounts for grants.
Sec. 121. Basic grants to local educational agencies.
Sec. 122. Concentration grants.
Sec. 123. Targeted grants.
Sec. 124. Special allocation procedures.
Sec. 125. Secular, neutral, and nonideological.

                Part B--Education of Migratory Children

Sec. 131. State allocations.
Sec. 132. State applications; services.
Sec. 133. Authorized activities.
Sec. 134. Coordination of migrant education activities.

                 Part C--Neglected or Delinquent Youth

Sec. 141. Neglected or delinquent youth.
Sec. 142. Findings.

[[Page H10425]]

Sec. 143. Allocation of funds.
Sec. 144. State plan and State agency applications.
Sec. 145. Use of funds.
Sec. 146. Purpose.
Sec. 147. Transition services.
Sec. 148. Programs operated by local educational agencies.
Sec. 149. Local educational agency applications.
Sec. 150. Uses of funds.
Sec. 151. Program requirements.
Sec. 152. Accountability.
Sec. 153. Program evaluations.

                       Part D--General Provisions

Sec. 161. General provisions.

                  Part E--Comprehensive School Reform

Sec. 171. Comprehensive school reform.

      TITLE II--MAGNET SCHOOLS ASSISTANCE AND PUBLIC SCHOOL CHOICE

Sec. 201. Magnet schools assistance.
Sec. 202. Continuation of awards.

                TITLE III--TEACHER LIABILITY PROTECTION

Sec. 301. Teacher liability protection.

     TITLE IV--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

       Subtitle A--Elementary and Secondary Education Act of 1965

Sec. 401. Amendments.

                   Part B--Native Hawaiian Education

Sec. 402. Native Hawaiian education.

                    Part C--Alaska Native Education

Sec. 403. Alaska Native education.

       Subtitle B--Amendments to the Education Amendments of 1978

Sec. 410. Amendments to the Educations Amendments of 1978.

          Subtitle C--Tribally Controlled Schools Act of 1988

Sec. 420. Tribally controlled schools.

                 TITLE V--GIFTED AND TALENTED CHILDREN

Sec. 501. Amendment to esea relating to gifted and talented children.

                  TITLE VI--RURAL EDUCATION ASSISTANCE

Sec. 601. Rural education.

    TITLE VII--MCKINNEY HOMELESS EDUCATION IMPROVEMENTS ACT OF 1999

Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Purpose.
Sec. 704. Education for homeless children and youth.

               TITLE VIII--SCHOOLWIDE PROGRAM ADJUSTMENT

Sec. 801. Schoolwide funds.

     SEC. 2. REFERENCES.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a title, chapter, part, subpart, 
     section, subsection, or other provision, the reference shall 
     be considered to be made to a title, chapter, part, subpart, 
     section, subsection, or other provision of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

                        TITLE I--STUDENT RESULTS

                         PART A--BASIC PROGRAM

     SEC. 101. LOW-ACHIEVING CHILDREN MEET HIGH STANDARDS.

       The heading for title I is amended by striking 
     ``DISADVANTAGED'' and inserting ``LOW-ACHIEVING''.

     SEC. 102. PURPOSES AND INTENT.

       Section 1001 (20 U.S.C. 6301) is amended to read as 
     follows:

     ``SEC. 1001. FINDINGS; STATEMENT OF PURPOSE; AND RECOGNITION 
                   OF NEED.

       ``(a) Findings.--Congress finds the following:
       ``(1) Schools that enroll high concentrations of children 
     living in poverty face the greatest challenges but effective 
     educational strategies based on scientifically based research 
     can succeed in educating children to high standards.
       ``(2) High-poverty schools are much more likely to be 
     identified as failing to meet State standards for 
     satisfactory progress. As a result, these schools are 
     generally the most in need of additional resources and 
     technical assistance to build the capacity of these schools 
     to address the many needs of their students.
       ``(3) The educational progress of children participating in 
     programs under this title is closely associated with their 
     being taught by a highly qualified staff, particularly in 
     schools with the highest concentrations of poverty, where 
     paraprofessionals, uncertified teachers, and teachers 
     teaching out of field frequently provide instructional 
     services.
       ``(4) Congress and the public would benefit from additional 
     data in order to evaluate the efficacy of the changes made to 
     this title in the Improving America's Schools Act of 1994.
       ``(5) States, local educational agencies, and schools 
     should be given as much flexibility as possible in exchange 
     for greater accountability for improving student achievement.
       ``(6) Programs funded under this part must demonstrate 
     increased effectiveness in improving schools in order to 
     ensure all children achieve to high standards.
       ``(b) Purpose and Intent.--The purpose and intent of this 
     title are to ensure that all children have a fair and equal 
     opportunity to obtain a high quality education.
       ``(c) Recognition of Need.--The Congress recognizes the 
     following:
       ``(1) 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.
       ``(2) Despite more than 3 decades of Federal assistance, a 
     sizable achievement gap remains between minority and 
     nonminority students, and between disadvantaged students and 
     their more advantaged peers.
       ``(3) Too many students must attend local schools that fail 
     to provide them with a quality education, and are given no 
     alternatives to enable them to receive a quality education.
       ``(4) States, local educational agencies and schools should 
     be held accountable for improving the academic achievement of 
     all students, and for identifying and turning around low-
     performing schools.
       ``(5) Federal education assistance is intended not only to 
     increase pupil achievement overall, but also more 
     specifically and importantly, to help ensure that all pupils, 
     especially the disadvantaged, meet challenging standards for 
     curriculum content and pupil performance. It can only be 
     determined if schools, local educational agencies, and 
     States, are reaching this goal if pupil achievement results 
     are reported specifically by disadvantaged and minority 
     status.''.

     SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

       (a) Local Educational Agency Grants.--Subsection (a) of 
     section 1002 (20 U.S.C. 6302(a)) is amended by striking 
     ``$7,400,000,000 for fiscal year 1995'' and inserting 
     ``$8,350,000,000 for fiscal year 2000''.
       (b) Education of Migratory Children.--Subsection (c) of 
     section 1002 (20 U.S.C. 6302(c)) is amended by striking 
     ``$310,000,000 for fiscal year 1995'' and inserting 
     ``$400,000,000 for fiscal year 2000''.
       (c) Prevention and Intervention Programs for Youth Who Are 
     Neglected, Delinquent, or at Risk of Dropping Out.--
     Subsection (d) of section 1002 (20 U.S.C. 6302(d)) is amended 
     by striking ``$40,000,000 for fiscal year 1995'' and 
     inserting ``$50,000,000 for fiscal year 2000''.
       (d) Capital Expenses.--Subsection (e) of section 1002 (20 
     U.S.C. 6302(e)) is amended to read as follows:
       ``(e) Capital Expenses.--For the purpose of carrying out 
     section 1120(e), there are authorized to be appropriated 
     $15,000,000 for fiscal year 2000, $15,000,000 for fiscal year 
     2001, and $5,000,000 for fiscal year 2002.''.
       (e) Additional Assistance.--Subsection (f) of section 1002 
     is amended to read as follows:
       ``(f) School Improvement.--Each State may reserve for the 
     purpose of carrying out its duties under section 1116 and 
     1117, the greater of one half of 1 percent of the amount 
     allocated under this part, or $200,000.''.
       (f) State Administration.--Section 1002 is amended by 
     adding at the end the following:
       ``(h) State Administration.--
       ``(1) State reservation.--Each State may reserve, from the 
     grants it receives under parts A, C, and D, of this title, an 
     amount equal to the greater of 1 percent of the amount it 
     received under parts A, C, and D, for fiscal year 1999, or 
     $400,000 ($50,000 for each outlying area), to carry out 
     administrative duties assigned under parts A, C, and D.
       ``(2) Authorization of appropriations.--There are 
     authorized to be appropriated $10,000,000 for fiscal year 
     2000 and such sums as may be necessary for each of the 4 
     succeeding fiscal years for additional State administration 
     grants. Any such additional grants shall be allocated among 
     the States in proportion to the grants received by each State 
     for that fiscal year under parts A, C, and D of this title.
       ``(3) Special rule.--The amount allocated to each State 
     under this subsection may not exceed the amount of State 
     funds expended by the State educational agency to administer 
     elementary and secondary education programs in such State.''.

     SEC. 104. RESERVATION AND ALLOCATION.

       Section 1003 (20 U.S.C. 6303) is repealed.

     SEC. 105. STATE PLANS.

       Section 1111 (20 U.S.C. 6311) is amended to read as 
     follows:

     ``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 (including 
     administrators of programs described in other parts of this 
     title), other staff, and parents, that satisfies the 
     requirements of this section and that is coordinated with 
     other programs under this Act, the Individuals with 
     Disabilities Education Act, the Carl D. Perkins Vocational 
     and Technical Education Act of 1998, and the Head Start Act.
       ``(2) Consolidated plan.--A State plan submitted under 
     paragraph (1) may be submitted as part of a consolidated plan 
     under section 14302.
       ``(b) Standards, Assessments, and Accountability.--
       ``(1) Challenging standards.--(A) Each State plan shall 
     demonstrate that the State has 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) The standards required by subparagraph (A) shall be 
     the same standards that the State applies to all schools and 
     children in the State.
       ``(C) The State shall have such standards for elementary 
     and secondary school children served under this part in 
     subjects determined by the State, but including at least 
     mathematics and reading or language arts, which 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--

[[Page H10426]]

       ``(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, basic, 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) Adequate yearly progress.--
       ``(A) In general.--Each State plan shall demonstrate, based 
     on assessments described under paragraph (4), what 
     constitutes adequate yearly progress of--
       ``(i) any school served under this part toward enabling all 
     children to meet the State's challenging student performance 
     standards;
       ``(ii) any local educational agency that received funds 
     under this part toward enabling all children in schools 
     receiving assistance under this part to meet the State's 
     challenging student performance standards; and
       ``(iii) the State in enabling all children in schools 
     receiving assistance under this part to meet the State's 
     challenging student performance standards.
       ``(B) Definition.--Adequate yearly progress shall be 
     defined in a manner that--
       ``(i) applies the same high standards of academic 
     performance to all students in the State;
       ``(ii) takes into account the progress of all students in 
     the State and in each local educational agency and school 
     served under section 1114 or 1115;
       ``(iii) uses the State challenging content and challenging 
     student performance standards and assessments described in 
     paragraphs (1) and (4);
       ``(iv) compares separately, within each State, local 
     educational agency, and school, the performance and progress 
     of students by gender, each major ethnic and racial 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 (except that such 
     disaggregation shall not be required in a case in which the 
     number of students in a category is insufficient to yield 
     statistically reliable information or the results would 
     reveal individually identifiable information about an 
     individual student);
       ``(v) compares the proportions of students at the `basic', 
     `proficient', and `advanced' levels of performance with the 
     proportions of students at each of the 3 levels in the same 
     grade in the previous school year;
       ``(vi) at the State's discretion, may also include other 
     academic measures such as promotion, completion of college 
     preparatory courses, and high school completion, except that 
     inclusion of such other measures may not change which schools 
     or local educational agencies would otherwise be subject to 
     improvement or corrective action under section 1116 if the 
     discretionary indicators were not included;
       ``(vii) includes annual numerical goals for improving the 
     performance of all groups specified in clause (iv) and 
     narrowing gaps in performance between these groups; and
       ``(viii) includes a timeline for ensuring that each group 
     of students described in clause (iv) meets or exceeds the 
     State's proficient level of performance on each State 
     assessment used for the purposes of section 1111 and section 
     1116 within 10 years from the date of enactment of the 
     Student Results Act of 1999.
       ``(C) Annual improvement for states.--For a State to make 
     adequate yearly progress under subparagraph (A)(iii), not 
     less than 90 percent of the local educational agencies within 
     its jurisdiction shall meet the State's criteria for adequate 
     yearly progress.
       ``(D) Annual improvement for local educational agencies.--
     For a local educational agency to make adequate yearly 
     progress under subparagraph (A)(ii), not less than 90 percent 
     of the schools within its jurisdiction must meet the State's 
     criteria for adequate yearly progress.
       ``(E) Annual improvement for schools.--For a school to make 
     adequate yearly progress under subparagraph (A)(i), not less 
     than 90 percent of each group of students described in 
     subparagraph (A)(iv) who are enrolled in such school are 
     required to take the assessments consistent with section 
     612(a)(17)(A) of the Individuals with Disabilities Education 
     Act and paragraph (4)(F)(iv) on which adequate yearly 
     progress is based.
       ``(F) Public notice and comment.--Each State shall ensure 
     that in developing its plan for adequate yearly progress, it 
     diligently seeks public comment from a range of institutions 
     and individuals in the State with an interest in improved 
     student achievement and that the State makes and will 
     continue to make a substantial effort to ensure that 
     information under this part is widely known and understood by 
     the public, parents, teachers, and school administrators 
     throughout the State. Such efforts shall include, at a 
     minimum, publication of such information and explanatory 
     text, broadly to the public through such means as the 
     Internet, the media, and public agencies.
       ``(G) Review.--The Secretary shall review the information 
     from States on the adequate yearly progress of schools and 
     local educational agencies required under subparagraphs (A) 
     and (B) for the purpose of determining State and local 
     compliance with section 1116.
       ``(3) State authority.--If a State educational agency 
     provides evidence, which is satisfactory to the Secretary, 
     that neither the State educational agency nor any other State 
     government official, agency, or entity has sufficient 
     authority, under State law, to adopt curriculum content and 
     student performance standards, and assessments aligned with 
     such standards, which will be applicable to all students 
     enrolled in the State's public schools, then the State 
     educational agency may meet the requirements of this 
     subsection by--
       ``(A) adopting standards and assessments that meet the 
     requirements of this subsection, on a statewide basis, 
     limiting their applicability to students served under this 
     part; or
       ``(B) adopting and implementing policies that ensure that 
     each local educational agency in the State which receives 
     grants under this part will adopt curriculum content and 
     student performance standards, and assessments aligned with 
     such standards, which meet all of the criteria in this 
     subsection and any regulations regarding such standards and 
     assessments which the Secretary may publish, and which are 
     applicable to all students served by each such local 
     educational agency.
       ``(4) Assessments.--Each State plan shall demonstrate that 
     the State has implemented a set of high-quality, yearly 
     student assessments that include, at a minimum, assessments 
     in mathematics and reading or language arts, that will be 
     used, starting not later than the 2000-2001 school year, as 
     the primary means of determining the yearly performance of 
     each local educational agency and school served under this 
     title in enabling all children served under this part to meet 
     the State's challenging 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 not less 
     than one or more times 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 disabilities defined under 602(3) of the 
     Individuals with Disabilities Education Act necessary to 
     measure the achievement of such students relative to State 
     content and State student performance standards;
       ``(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 in 
     content areas;
       ``(iv) notwithstanding clause (iii), the assessment (using 
     tests written in English) of reading or language arts of any 
     student who has attended school in the United States (not 
     including Puerto Rico) for 3 or more consecutive school 
     years, except if the local educational agency determines, on 
     a case-by-case individual basis, that assessments in another 
     language and form would likely yield more accurate and 
     reliable information on what such students know and can do, 
     the local educational agency may assess such students in the 
     appropriate language other than English for 1 additional 
     year; and
       ``(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, except 
     that the performance of students who have attended more than 
     one school in the local educational agency in any academic 
     year shall be used only in determining the progress of the 
     local educational agency;
       ``(H) provide individual student reports, which include 
     assessment 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.
       ``(5) Special rule.--
       ``(A) In general.--Assessment measures that do not meet the 
     requirements of paragraph (4)(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.
       ``(B) Student proficiency in grades k-2.--States may 
     measure the proficiency of students in the academic subjects 
     in which a State has

[[Page H10427]]

     adopted challenging content and student performance standards 
     one or more times during grades K-2.
       ``(6) 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, but shall not mandate a specific assessment 
     or mode of instruction.
       ``(7) Assessment development.--A State shall develop, and 
     implement State assessments that are aligned to challenging 
     State content standards that include, at a minimum, 
     mathematics and reading or language arts by the 2000-2001 
     school year.
       ``(8) Requirement.--Each State plan shall describe--
       ``(A) how the State educational agency will assist each 
     local educational agency and school affected by the State 
     plan to develop the capacity to comply with each of the 
     requirements of sections 1112(c)(1)(D), 1114(c), and 1115(c) 
     that is applicable to such agency or school; and
       ``(B) such other factors the State considers appropriate 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) 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
       ``(2)(A) where educational service agencies exist, the 
     State educational agency will consider providing professional 
     development and technical assistance through such agencies; 
     and
       ``(B) 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;
       ``(3) the State educational agency will notify local 
     educational agencies and the public of the content and 
     student performance 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;
       ``(4) 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;
       ``(5) the State educational agency will inform the 
     Secretary and the public of how Federal laws, if at all, 
     hinder the ability of States to hold local educational 
     agencies and schools accountable for student academic 
     performance;
       ``(6) the State educational agency will encourage schools 
     to consolidate funds from other Federal, State, and local 
     sources for schoolwide reform in schoolwide programs under 
     section 1114;
       ``(7) the State educational agency will modify or eliminate 
     State fiscal and accounting barriers so that schools can 
     easily consolidate funds from other Federal, State, and local 
     sources for schoolwide programs under section 1114;
       ``(8) the State educational agency has involved the 
     committee of practitioners established under section 1603(b) 
     in developing the plan and monitoring its implementation; and
       ``(9) the State educational agency will inform local 
     educational agencies of the local educational agency's 
     authority to obtain waivers under title XIV and, if the State 
     is an Ed-Flex Partnership State, waivers under the Education 
     Flexibility Partnership Act of 1999 (30 U.S.C. 589a et seq.).
       ``(d) Peer Review and Secretarial Approval.--
       ``(1) Secretarial duties.--The Secretary shall--
       ``(A) establish a peer review process to assist in the 
     review of State plans;
       ``(B) approve a State plan after its submission unless the 
     Secretary determines that the plan does not meet the 
     requirements of this section;
       ``(C) 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;
       ``(D) 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;
       ``(E) 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; and
       ``(2) State revisions.--States shall revise their plans if 
     necessary to satisfy the requirements of this section. 
     Revised plans shall be submitted to the Secretary for 
     approval not later than 1 year after the date of the 
     enactment of the Student Results Act of 1999.
       ``(e) Duration of the Plan.--
       ``(1) In general.--Each State plan shall--
       ``(A) be submitted for the first year for which this part 
     is in effect after the date of the enactment of the Student 
     Results Act of 1999;
       ``(B) remain in effect for the duration of the State's 
     participation under this part; and
       ``(C) 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 
     yearly 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, 
     curriculum, or program of instruction, as a condition of 
     eligibility to receive funds under this part.
       ``(g) Penalties.--
       ``(1) In general.--If a State fails to meet the statutory 
     deadlines for demonstrating that it has in place challenging 
     content standards and student performance standards and 
     assessments, and a system for measuring and monitoring 
     adequate yearly progress, the State shall be ineligible to 
     receive any administrative funds under section 1002(h) that 
     exceed the amount received by the State for such purpose in 
     the previous year.
       ``(2) Additional funds.--Based on the extent to which such 
     content standards, performance standards, assessments, and 
     monitoring of adequate yearly progress, are not in place, 
     additional administrative funds shall be withheld in such 
     amount as the Secretary determines appropriate, except that 
     for each additional year that the State fails to comply with 
     such requirements, the Secretary shall withhold not less than 
     \1/5\ of the amount the State receives for administrative 
     expenses under section 1002(h).
       ``(3) Waiver.--Notwithstanding title XIV of this Act and 
     the Education Flexibility Partnership Act or any other 
     provision of law, a waiver shall not be granted except that a 
     State may request a 1-time, 1-year waiver to meet the 
     requirements of this section.''.
       ``(h) School Reports.--
       ``(1) In general.--
       ``(A) Annual report.--Except as provided in subparagraph 
     (C), not later than the beginning of the 2001-2002 school 
     year, a State that receives assistance under this Act shall 
     prepare and disseminate an annual report on all schools that 
     receive funds under this part. States and local educational 
     agencies may issue report cards under this section only for 
     local educational agencies and schools receiving funds under 
     this part, except that if a State or local educational agency 
     issues a report card for all students, the State or local 
     educational agency may include the information under this 
     section as part of such report card.
       ``(B) Implementation.--The State shall ensure the 
     dissemination of this information at all levels. Such 
     information shall be--
       ``(i) concise; and
       ``(ii) presented in a format and manner that parents can 
     understand, and which, to the extent practicable, shall be in 
     a language the parents can understand.
       ``(C) Public dissemination.--In the event the State does 
     not include such information through a report card, the State 
     shall, not later than the beginning of the 2001-2002 school 
     year, publicly report the information described in paragraph 
     (2) through other public means, such as posting on the 
     Internet, distribution to the media, and distribution through 
     public agencies, for all schools that receive funds under 
     this part.
       ``(2) Content of annual state reports.--
       ``(A) Required information.--The State shall, at a minimum, 
     include in the annual State reports information for the State 
     on each local educational agency and school receiving funds 
     under this part regarding--
       ``(i) student performance on statewide assessments for the 
     current and preceding years in at least reading or language 
     arts and mathematics, including--

       ``(I) a comparison of the proportions of students who 
     performed at `basic', `proficient', and `advanced' levels in 
     each subject area, for each grade level at which assessments 
     are required under this part, with proportions in each of the 
     same 3 categories at the same grade levels in the previous 
     school year; and
       ``(II) a statement of the percentage of students not tested 
     and a listing of categories of the reasons why they were not 
     tested;

       ``(ii) retention in grade, completion of advanced placement 
     courses, and 4-year graduation rates;
       ``(iii) the professional qualifications of teachers in the 
     aggregate, including the percentage of teachers teaching with 
     emergency or provisional credentials, and the percentage of 
     class sections not taught by fully qualified teachers; and
       ``(iv) the professional qualifications of 
     paraprofessionals, the number of paraprofessionals in the 
     aggregate and the ratio of paraprofessionals to teachers in 
     the classroom.
       ``(B) Student data.--Student data in each report shall 
     contain disaggregated results for the following categories:
       ``(i) gender;
       ``(ii) racial and ethnic group;
       ``(iii) migrant status;
       ``(iv) students with disabilities, as compared to students 
     who are not disabled;
       ``(v) economically disadvantaged students, as compared to 
     students who are not economically disadvantaged; and

[[Page H10428]]

       ``(vi) students with limited English proficiency, as 
     compared to students who are proficient in English.
       ``(C) Optional information.--A State may include in its 
     report any other information it determines appropriate to 
     reflect school quality and school achievement, including 
     information on average class size by grade level, and 
     information on school safety, such as the incidence of school 
     violence and drug and alcohol abuse, and the incidence of 
     student suspensions and expulsions.
       ``(3) Content of local educational agencies reports.--
       ``(A) Minimum requirements.--The State shall ensure that 
     each local educational agency collects appropriate data and 
     includes in its annual report for each school that receives 
     funds under this part, at a minimum--
       ``(i) the information described in paragraphs (2)(A) and 
     (2)(B) for each local educational agency and school--

       ``(I) in the case of a local educational agency--

       ``(aa) the number and percentage of schools identified for 
     school improvement, including schools identified under 
     section 1116(c) of this Act;
       ``(bb) information that shows how students in its schools 
     perform on the statewide assessment compared to students in 
     the State as a whole;

       ``(II) in the case of a school--

       ``(aa) whether it has been identified for school 
     improvement; and
       ``(bb) information that shows how its students performed on 
     the statewide assessment compared to students in the local 
     educational agency and the State as a whole.
       ``(B) Other information.--A local educational agency may 
     include in its annual reports any other appropriate 
     information whether or not such information is included in 
     the annual State report.
       ``(C) Public dissemination.--In the event the local 
     educational agency does not include such information through 
     a report card, the local educational agency shall, not later 
     than the beginning of the 2001-2002 school year, publicly 
     report the information described in paragraph (3) through 
     other public means, such as posting on the Internet, 
     distribution to the media, and distribution through public 
     agencies, only for schools that receive funds under this 
     part, except that if a local educational agency issues a 
     report card for all students, the local educational agency 
     may include the information under this section as part of 
     such report.
       ``(4) Dissemination and accessibility of reports.--
       ``(A) State reports.--State annual reports under paragraph 
     (2) shall be, disseminated to all schools and local 
     educational agencies in the State, and made broadly available 
     to the public through means such as posting on the Internet, 
     distribution to the media, and distribution through public 
     agencies.
       ``(B) Local educational agency reports.--Local educational 
     agency reports under paragraph (3) shall be disseminated to 
     all schools receiving funds under this part, in the school 
     district and to all parents of students attending these 
     schools and made broadly available to the public through 
     means such as posting on the Internet, distribution to the 
     media, and distribution through public agencies.
       ``(5) Parents Right-to-Know.--
       ``(A) Qualifications.--A local educational agency that 
     receives funds under this part shall provide, upon request, 
     in an understandable and uniform format, to any parent of a 
     student attending any school receiving funds under this part, 
     information regarding the professional qualifications of the 
     student's classroom teachers, including, at a minimum, the 
     following:
       ``(i) Whether the teacher has met State qualification and 
     licensing criteria for the grade levels and subject areas in 
     which the teacher provides instruction.
       ``(ii) Whether the teacher is teaching under emergency or 
     other provisional status through which State qualification or 
     licensing criteria have been waived.
       ``(iii) The baccalaureate degree major of the teacher and 
     any other graduate certification or degree held by the 
     teacher, and the field of discipline of the certification or 
     degree.
       ``(iv) Whether the child is provided services by 
     paraprofessionals and the qualifications of such 
     paraprofessional.
       ``(B) Additional information.--In addition to the 
     information which parents may request under subparagraph (A), 
     and the information provided in subsection (c), a school 
     which receives funds under this part shall provide to each 
     individual parent or guardian--
       ``(i) information on the level of performance of the 
     individual student for whom they are the parent or guardian 
     in each of the State assessments as required under this part; 
     and
       ``(ii) timely notice that the student for whom they are the 
     parent or guardian has been assigned or has been taught for 2 
     or more consecutive weeks by a substitute teacher or by a 
     teacher not fully qualified.
       ``(6) Plan content.--A State shall include in its plan 
     under subsection (b) an assurance that it has in effect a 
     policy that meets the requirements of this section.
       ``(i) Privacy.--Information collected under this section 
     shall be collected and disseminated in a manner that protects 
     the privacy of individuals.''.

     SEC. 106. LOCAL EDUCATIONAL AGENCY PLANS.

       (a) Subgrants.--Paragraph (1) of section 1112(a) (20 U.S.C. 
     6312(a)(1)) is amended by striking ``the Goals 2000: Educate 
     America Act'' and all that follows and inserting the 
     following: ``the Individuals with Disabilities Education Act, 
     the Carl D. Perkins Vocational and Technical Education Act of 
     1998, the Head Start Act, and other Acts, as appropriate.''.
       (b) Plan Provisions.--Subsection (b) of section 1112 (20 
     U.S.C. 6312(b)) is amended--
       (1) by striking ``Each'' in the matter preceding paragraph 
     (1) and inserting ``In order to help low-achieving children 
     achieve to high standards, each'';
       (2) in paragraph (1)--
       (A) by striking ``part'' each place it appears and 
     inserting ``title'';
       (B) in subparagraph (B), by inserting ``low-achieving'' 
     before ``children'';
       (C) by striking ``and'' at the end of subparagraph (B);
       (D) by inserting ``and'' at the end of subparagraph (C); 
     and
       (E) by adding at the end the following new subparagraph:
       ``(D) determine the literacy levels of first graders and 
     their need for interventions, and a description of how the 
     local educational agency will ensure that any such 
     assessments--
       ``(i) are developmentally appropriate; and
       ``(ii) use multiple measures to provide information about 
     the variety of skills that scientifically based research has 
     identified as leading to early acquisition of reading 
     skills.'';
       (3) in paragraph (4)--
       (A) in subparagraph (A), by striking ``, and school-to-work 
     transition programs''; and
       (B) in subparagraph (B), by striking ``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'' and 
     inserting ``under part C, neglected or delinquent youth, 
     Indian children served under title IX,'';
       (4) in paragraph (7), by striking ``eligible homeless 
     children'' and inserting ``homeless children'';
       (5) by striking the period at the end of paragraph (9) and 
     inserting ``; and''; and
       (6) by adding at the end the following new paragraphs:
       ``(10) a description of the actions the local educational 
     agency will take to assist its low-performing schools, 
     including schools identified under section 1116 as in need of 
     improvement; and
       ``(11) a description of how the agency will promote the use 
     of extended learning time, such as an extended school year 
     and before and after school and summer programs.''.
       (c) Assurances.--Subsection (c) of section 1112 (20 U.S.C. 
     6312(c)) is amended to read as follows:
       ``(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 and the ability of such schools to 
     consolidate funds from Federal, State, and local sources;
       ``(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 student performance standards;
       ``(D) fulfill such agency's school improvement 
     responsibilities under section 1116, including taking 
     corrective actions under section 1116(b)(9);
       ``(E) 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;
       ``(F) take into account the experience of model programs 
     for the educationally disadvantaged, and the findings of 
     relevant scientifically based research indicating that 
     services may be most effective if focused on students in the 
     earliest grades at schools that receive funds under this 
     part;
       ``(G) in the case of a local educational agency that 
     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;
       ``(H) comply with the requirements of section 1119 
     regarding the qualifications of teachers and 
     paraprofessionals;
       ``(I) inform eligible schools of the local educational 
     agency's authority to obtain waivers on the school's behalf 
     under title XIV of this Act, and if the State is an Ed-Flex 
     Partnership State, waivers under the Education Flexibility 
     Partnership Act of 1999; and
       ``(J) 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.
       ``(2) Special rule.--In carrying out subparagraph (G) of 
     paragraph (1) the Secretary--
       ``(A) 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) upon publication, shall disseminate to local 
     educational agencies the Head Start performance standards as 
     in effect under section 641A(a) of the Head Start Act, and 
     such agencies affected 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

[[Page H10429]]

     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.--Section 1112 is amended 
     by striking subsection (d) and inserting the following:
       ``(d) Plan Development and Duration.--
       ``(1) Consultation.--Each local educational agency plan 
     shall be developed in consultation with teachers, 
     administrators (including administrators of programs 
     described in other parts of this title), and other 
     appropriate school personnel, and with parents of children in 
     schools served under this part.
       ``(2) Duration.--Each such plan shall be submitted for the 
     first year for which this part is in effect following the 
     date of the enactment of the Student Results Act of 1999 and 
     shall remain in effect for the duration of the agency's 
     participation under this part.
       ``(3) Review.--Each such local educational agency shall 
     periodically review, and as necessary, revise its plan.''.
       (e) State approval.--Section 1112 (20 U.S.C. 6312(e)) is 
     amended by striking subsection (e) and inserting the 
     following:
       ``(e) State Approval.--
       ``(1) In general.--Each local educational agency plan shall 
     be filed according to a schedule established 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--
       ``(A) will enable schools served under this part to 
     substantially help children served under this part meet the 
     standards expected of all children described in section 
     1111(b)(1); and
       ``(B) will meet the requirements of this section.''.
       (f) Parental Notification and Consent for English Language 
     Instruction.--Section 1112 (20 U.S.C. 6312) is amended by 
     adding at the end the following:
       ``(g) Parental Notification and Consent for English 
     Language Instruction.--
       ``(1) Notification.--If a local educational agency uses 
     funds under this part to provide English language instruction 
     to limited English proficient children, the agency shall 
     inform a parent or the parents of a child participating in an 
     English language instruction program for limited English 
     proficient children assisted under this part of--
       ``(A) the reasons for the identification of the child as 
     being in need of English language instruction;
       ``(B) the child's level of English proficiency, how such 
     level was assessed, and the status of the child's academic 
     achievement; and
       ``(C) how the English language instruction program will 
     specifically help the child acquire English and meet age-
     appropriate standards for grade promotion and graduation;
       ``(D) what the specific exit requirements are for the 
     program;
       ``(E) the expected rate of graduation from the program into 
     mainstream classes; and
       ``(F) the expected rate of graduation from high school for 
     the program if funds under this part are used for children in 
     secondary schools.
       ``(2) Consent.--
       ``(A) Agency requirements.--
       ``(i) Each local educational agency that receives funds 
     under this part shall obtain informed parental consent prior 
     to the placement of a child in an English language 
     instruction program for limited English proficient children 
     funded under this part which does not include classes which 
     exclusively or almost exclusively use the English language in 
     instruction or if instruction is not tailored for limited 
     English proficient children.
       ``(ii) If written consent is not obtained, the local 
     educational agency shall maintain a written record that 
     includes the date and the manner in which such informed 
     consent was obtained.
       ``(iii)(I) If a response cannot be obtained after written 
     notice and a reasonable and substantial effort has been made 
     to obtain such consent, the local educational agency shall 
     document, in writing, that it has given such written notice 
     and its specific efforts made to obtain such consent.
       ``(II) The proof of documentation shall be mailed or 
     delivered in writing to the parents or guardian of the child 
     at least 10 business days prior to providing any services 
     under this part, and include a final notice requesting 
     parental consent for such services.
       ``(B) Parental rights.--A parent or the parents of a child 
     participating in an English language instruction program for 
     limited English proficient children assisted under this Act 
     shall--
       ``(i) select among methods of instruction, if more than one 
     method is offered in the program; and
       ``(ii) have the right to have their child immediately 
     removed from the program upon their request.
       ``(3) Receipt of information.--A parent or the parents of a 
     child identified for participation in an English language 
     instruction program for limited English proficient children 
     assisted under this part shall receive, in a manner and form 
     understandable to the parent or parents, the information 
     required by this subsection. At a minimum, the parent or 
     parents shall receive--
       ``(A) timely information about English language instruction 
     programs for limited English proficient children assisted 
     under this Act; and
       ``(B) if a parent of a participating child so desires, 
     notice of opportunities for regular meetings for the purpose 
     of formulating and responding to recommendations from such 
     parents.
       ``(4) Basis for admission or exclusion.--Students shall not 
     be admitted to or excluded from any federally assisted 
     education program on the basis of a surname or language-
     minority status.''.

     SEC. 107. ELIGIBLE SCHOOL ATTENDANCE AREAS.

       Section 1113 (20 U.S.C. 6313) is amended to read as 
     follows:

     ``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) Local educational agency discretion.--
       ``(A) In general.--Notwithstanding paragraph (2), a local 
     educational agency may--
       ``(i) designate as eligible any school attendance area or 
     school in which at least 35 percent of the children are from 
     low-income families;
       ``(ii) 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;
       ``(iii) designate and serve a school attendance area or 
     school that is not eligible under subsection (b), but that 
     was eligible and that was served in the preceding fiscal 
     year, but only for one additional fiscal year; and
       ``(iv) 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.

       ``(B) Special rule.--Notwithstanding subparagraph (A)(iv), 
     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 subparagraph (A).
       ``(b) Ranking Order.--If funds allocated in accordance with 
     subsection (f) are insufficient to serve all eligible school 
     attendance areas, a local educational agency--
       ``(1) shall annually rank from highest to lowest according 
     to the percentage of children from low-income families in 
     each agency's eligible school attendance areas in the 
     following order--
       ``(A) eligible school attendance areas in which the 
     concentration of children from low-income families exceeds 75 
     percent; and
       ``(B) all remaining eligible school attendance areas in 
     which the concentration of children from low-income families 
     is 75 percent or lower either by grade span or for the entire 
     local educational agency;
       ``(2) shall, within each category listed in paragraph (1), 
     serve schools in rank order from highest to lowest according 
     to the ranking assigned under paragraph (1);
       ``(3) notwithstanding paragraph (2), may give priority, 
     within each such category and in rank order from highest to 
     lowest subject to paragraph (4), to eligible school 
     attendance areas that serve children in elementary schools; 
     and
       ``(4) not serve a school described in paragraph (1)(B) 
     before serving a school described in paragraph (1)(A).
       ``(c) Low-Income Measures.--In determining the number of 
     children ages 5 through 17 who are from low-income families, 
     the local educational agency shall apply the measures 
     described in paragraphs (1) and (2) of this subsection:
       ``(1) Allocation to public school attendance areas.--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 State program funded under part A of 
     title IV of the Social Security Act, 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 (f).
       ``(2) Allocation for equitable service to private school 
     students.--
       ``(A) Calculation.--A local educational agency shall have 
     the final authority, consistent with section 1120 to 
     calculate the number of private school children, ages 5 
     through 17, who are low-income by--
       ``(i) using the same measure of low-income used to count 
     public school children;
       ``(ii) using the results of a survey that, to the extent 
     possible, protects the identity of families of private school 
     students and allowing such

[[Page H10430]]

     survey results to be extrapolated if complete actual data are 
     not available; or
       ``(iii) applying the low-income percentage of each 
     participating public school attendance area, determined 
     pursuant to this section, to the number of private school 
     children who reside in that attendance area.
       ``(B) Complaint process.--Any dispute regarding low-income 
     data on private school students shall be subject to the 
     complaint process authorized in section 14505.
       ``(d) Exception.--This section (other than subsections 
     (a)(3) and (f)) shall not apply to a local educational agency 
     with a total enrollment of less than 1,500 children.
       ``(e) 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 (f), and 
     permit such agency to treat as eligible, and serve, any 
     school that children attend under a desegregation plan 
     ordered by a State or court or approved by the Secretary, or 
     such a plan that the agency continues to implement after it 
     has expired, if--
       ``(1) the number of economically disadvantaged children 
     enrolled in the school is not less than 25 percent of the 
     school's total enrollment; and
       ``(2) 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 part.
       ``(f) 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 (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) 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.
       ``(4) School improvement reservation.--A local educational 
     agency shall reserve such funds as are necessary under this 
     part to meet such agency's school improvement 
     responsibilities under section 1116, including taking 
     corrective actions under section 1116(b)(9).
       ``(5) Financial incentives and rewards reservation.--A 
     local educational agency may reserve such funds as are 
     necessary under this part to provide financial incentives and 
     rewards to teachers who serve in eligible schools under 
     subsection (b)(1)(A) and identified for improvement under 
     section 1116(b)(1) for the purpose of attracting and 
     retaining qualified and effective teachers.''.

     SEC. 108. SCHOOLWIDE PROGRAMS.

       Section 1114 (20 U.S.C. 6314) is amended to read as 
     follows:

     ``SEC. 1114. SCHOOLWIDE PROGRAMS.

       ``(a) Purpose.--The purpose of a schoolwide program under 
     this section is--
       ``(1) to enable a local educational agency to consolidate 
     funds under this part with other Federal, State, and local 
     funds, to upgrade the entire educational program in a high 
     poverty school; and
       ``(2) to help ensure that all children in such a school 
     meet challenging State standards for student performance, 
     particularly those children who are most at-risk of not 
     meeting those standards.
       ``(b) Use of Funds for Schoolwide Programs.--
       ``(1) In general.--A local educational agency may 
     consolidate funds under this part, together with other 
     Federal, State, and local funds, in order to upgrade the 
     entire educational program of a school that serves an 
     eligible school attendance area in which not less than 50 
     percent of the children are from low-income families, or not 
     less than 50 percent of the children enrolled in the school 
     are from such families.
       ``(2) State assurances.--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 educational agency has established the 
     statewide system of support and improvement required by 
     subsections (c)(1) and (e) of section 1117.
       ``(3) Identification of students not required.--(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) Exemption from statutory and regulatory 
     requirements.--(A) Except as provided in subsection (c), 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 (other than formula or discretionary grant programs 
     under the Individuals with Disabilities Education Act, except 
     as provided in section 613(a)(2)(D) of such Act), or any 
     discretionary grant program administered by the Secretary, 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, student and parental 
     participation and involvement, services to private school 
     children, maintenance of effort, 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.
       ``(C)(i) A school that consolidates funds from different 
     Federal programs under this section shall not be required to 
     maintain separate fiscal accounting records, by program, that 
     identify the specific activities supported by those 
     particular funds as long as it maintains records that 
     demonstrate that the schoolwide program, considered as a 
     whole addresses the intent and purposes of each of the 
     Federal programs that were consolidated to support the 
     schoolwide program.
       ``(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 (c)(1)(E) in accordance with section 
     1119A for such fiscal year, except that a school may enter 
     into a consortium with another school to carry out such 
     activities.
       ``(c) 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 
     (including taking into account the needs of migratory 
     children as defined in section 1309(2)) that is based on 
     information which includes 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) use effective methods and instructional strategies 
     that are based upon scientifically based research that--

       ``(I) strengthen the core academic program in the school;
       ``(II) 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
       ``(III) include strategies for meeting the educational 
     needs of historically underserved populations;

       ``(iii)(I) address the needs of all children in the school, 
     but particularly the needs of low-achieving children and 
     those at risk of not meeting the State student performance 
     standards who are members of the target population of any 
     program that is included in the schoolwide program;
       ``(II) address how the school will determine if such needs 
     have been met; and
       ``(iv) are consistent with, and are designed to implement, 
     the State and local improvement plans, if any.
       ``(D) Instruction by fully qualified (as defined in section 
     1610) teachers.
       ``(E) In accordance with section 1119A, high quality and 
     ongoing professional development for teachers and 
     paraprofessionals, 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.
       ``(F) Strategies to increase parental involvement in 
     accordance with section 1118, such as family literary 
     services.
       ``(G) 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.
       ``(H) Measures to include teachers in the decisions 
     regarding the use of assessments described in section 
     1111(b)(4) in order to provide information on, and to 
     improve, the performance of individual students and the 
     overall instructional program.
       ``(I) Activities to ensure that students who experience 
     difficulty mastering the proficient or advanced levels of 
     performance standards required by section 1111(b) shall be 
     provided with effective, timely additional assistance which 
     shall include measures to ensure that students' difficulties 
     are identified on a timely basis and to provide sufficient 
     information on which to base effective assistance.
       ``(2) Plan.--Any eligible school that desires to operate a 
     schoolwide program shall first develop (or amend a plan for 
     such a program that was

[[Page H10431]]

     in existence on the day before the date of enactment of the 
     Student Results Act of 1999), a comprehensive plan for 
     reforming the total instructional program in the school 
     that--
       ``(A) incorporates the components described in paragraph 
     (1);
       ``(B) describes how the school will use resources under 
     this part and from other sources to implement those 
     components;
       ``(C) includes a list of State and local educational agency 
     programs and other Federal programs under subsection (b)(4) 
     that will be consolidated in the schoolwide program;
       ``(D) 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 assessments required by section 1111(b)(4) and in a 
     format and, to the extent practicable, in a language that 
     they can understand; and
       ``(E) 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, by children with 
     disabilities as compared to other students, and by 
     economically disadvantaged students as compared to students 
     who are not economically disadvantaged, except that such 
     disaggregation shall not be required in a case in which the 
     number of students in a category is insufficient to yield 
     statistically reliable information or the results would 
     reveal individually identifiable information about an 
     individual student.
       ``(3) Plan development.--The comprehensive plan shall be--
       ``(A) developed during a 1-year period, unless--
       ``(i) the local educational agency determines that less 
     time is needed to develop and implement the schoolwide 
     program; or
       ``(ii) the school operated a schoolwide program on the day 
     preceding the date of enactment of the Student Results Act of 
     1999, in which case such school may continue to operate such 
     program, but shall develop amendments to its existing plan 
     during the first year of assistance under such Act to reflect 
     the provisions of this section;
       ``(B) developed with the involvement of the community to be 
     served and individuals who will carry out such plan, 
     including teachers, principals, administrators (including 
     administrators of programs described in other parts of this 
     title), if appropriate pupil services personnel, school staff 
     and parents, and, if the plan relates to a secondary school, 
     students from such school;
       ``(C) in effect for the duration of the school's 
     participation under this part and reviewed and revised, as 
     necessary, by the school;
       ``(D) available to the local educational agency, parents, 
     and the public, and the information contained in such plan 
     shall be provided in a format, and to the extent practicable, 
     in a language that they can understand; and
       ``(E) if appropriate, developed in coordination with 
     programs under the Reading Excellence Act, the Carl D. 
     Perkins Vocational and Technical Education Act of 1998, the 
     Head Start Act, and part B of this title.
       ``(d) Accountability.--A schoolwide program under this 
     section shall be subject to the school improvement provisions 
     of section 1116.''.

     SEC. 109. TARGETED ASSISTANCE SCHOOLS.

       (a) In General.--Subsection (a) of section 1115 (20 U.S.C. 
     6315(a)) is amended by striking ``section 1113(c)'' and 
     inserting ``section 1113(f)''.
       (b) Eligible Children.--Subsection (b) of section 1115 (20 
     U.S.C. 6315(b)) is amended to read as follows:
       ``(b) Eligible Children.--
       ``(1) Eligible population.--(A) The eligible population for 
     services under this section 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.
       ``(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 
     assessments under this part, and, as appropriate, 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 2 may 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 with 
     disabilities, migrant children, and children with limited 
     English proficiency are eligible for services under this part 
     on the same basis as other children.
       ``(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 2 years preceding the 
     year for which the determination is made, participated in a 
     Head Start or Even Start program or in preschool services 
     under this title, is eligible for services under this part.
       ``(C)(i) A child who, at any time in the 2 years preceding 
     the year for which the determination is made, received 
     services under part C is 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 is eligible for services under this part.
       ``(D) A child who is homeless and attending any school in 
     the local educational agency is eligible for services under 
     this part.''.
       (c) Components of Targeted Assistance School Program.--
     Subsection (c) of section 1115 (20 U.S.C. 6315(c)) is amended 
     to read as follows:
       ``(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 title the 
     opportunity to meet the State's challenging 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's challenging student 
     performance standards expected for all children;
       ``(B) ensure that planning for students served under this 
     part is incorporated into existing school planning;
       ``(C) use effective methods and instructional strategies 
     that are based upon scientifically based research that 
     strengthens the core academic program of the school and 
     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;
       ``(D) coordinate with and support the regular education 
     program, which may include services to assist preschool 
     children in the transition from early childhood programs to 
     elementary school programs;
       ``(E) provide instruction by fully qualified teacher as 
     defined in section 1610;
       ``(F) in accordance with subsection (e)(3) and section 
     1119A, provide opportunities for professional development 
     with resources provided under this part, and, to the extent 
     practicable, from other sources, for teachers, principals, 
     and administrators and other school staff, including, if 
     appropriate, pupil services personnel, who work with 
     participating children in programs under this section or in 
     the regular education program; and
       ``(G) provide strategies to increase parental involvement 
     in accordance with section 1118, such as family literacy 
     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; 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) Integration of Professional Development.--Subsection 
     (d) of section 1115 (20 U.S.C. 6515(d) is amended to read as 
     follows:
       ``(d) Integration of Professional Development.--To promote 
     the integration of staff supported with funds under this 
     part, public school personnel who are paid with funds 
     received under this part may participate in general 
     professional development and school planning activities.''.
       (e) Comprehensive Services.--Paragraph (2) of section 
     1115(e) (20 U.S.C. 6315(e)(2)) is amended--
       (1) by inserting ``and'' at the end of subparagraph (A);
       (2) by striking subparagraph (B); and
       (3) by redesignating subparagraph (C) as subparagraph (B).

     SEC. 110. SCHOOL CHOICE.

       Section 1115A (20 U.S.C. 6316) is amended to read as 
     follows:

     ``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 public school choice 
     programs, for children eligible for assistance under this 
     part, which permit parents to select the public school that 
     their child will attend.
       ``(b) Choice Plan.--A local educational agency that chooses 
     to implement a public school choice program shall first 
     develop a plan that includes assurances that--
       ``(1) all eligible students across grade levels served 
     under this part will have equal access to the program;
       ``(2) the program does not include schools that 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) the plan will be developed with the involvement of 
     parents and others in the community to be served and 
     individuals who will carry out the plan, including 
     administrators, teachers, principals, and other staff;
       ``(5) parents of eligible students in the local educational 
     agency will be given prompt notice of the existence of the 
     public school choice program and its availability to them, 
     and a clear explanation of how the program will operate;
       ``(6) the program will include charter schools and any 
     other public school and shall not include a school that is or 
     has been identified as a school in school improvement or is 
     or has been in corrective action for the past 2 consecutive 
     years;
       ``(7) transportation services or the costs of 
     transportation may be provided by the local

[[Page H10432]]

     educational agency with funds under this part; and
       ``(8) such local educational agency will comply with the 
     other requirements of this part.''.

     SEC. 111. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL 
                   IMPROVEMENT.

       (a) Local Review.--Section 1116(a) (20 U.S.C. 6317(a)) is 
     amended--
       (1) in paragraph (2), by striking ``1111(b)(2)(A)(i)'' and 
     inserting ``1111(b)(2)(B)'';
       (2) in paragraph (3), by striking ``individual school 
     performance profiles'' and inserting ``school reports'';
       (3) in paragraph (3), by striking ``and'' after the 
     semicolon;
       (4) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (5) by adding at the end the following:
       ``(5) review the effectiveness of the actions and 
     activities the schools are carrying out under this part with 
     respect to parental involvement assisted under this Act.''.
       (b) School Improvement.--Section 1116 (20 U.S.C. 6317) is 
     amended by striking subsection (b) and by redesignating 
     subsections (c) and (d) as subsections (b) and (c), 
     respectively, and amending them to read as follows:
       ``(b) School Improvement.--
       ``(1) In general.--A local educational agency shall 
     identify for school improvement any school served under this 
     part that--
       ``(A) for 2 consecutive years failed to make adequate 
     yearly progress as defined in the State's plan under section 
     1111(b)(2); or
       ``(B) was in school improvement status under this section 
     on the day preceding the date of the enactment of the Student 
     Results Act of 1999.
       ``(2) Transition.--The 2-year period described in paragraph 
     (1)(A) shall include any continuous period of time 
     immediately preceding the date of the enactment of the 
     Student Results Act of 1999 during which a school did not 
     make adequate yearly progress as defined in the State's plan, 
     as such plan was in effect on the day preceding the date of 
     such enactment.
       ``(3) Targeted assistance schools.--To determine if a 
     school that is conducting a targeted assistance program under 
     section 1115 should be identified as in need of improvement 
     under this subsection, a local educational agency may choose 
     to review the progress of only those students in such school 
     who are served under this part.
       ``(4) Opportunity to review and present evidence.--
       ``(A) In general.--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 the 
     proposed identification is based.
       ``(B) Supporting evidence.--If the school principal 
     believes that the proposed identification is in error for 
     statistical or other substantive reasons, the principal may 
     provide supporting evidence to the local educational agency, 
     which such agency shall consider before making a final 
     determination.
       ``(5) Notification to parents.--A local educational agency 
     shall, in an easily understandable format, provide in writing 
     to parents of each student in a school identified for school 
     improvement--
       ``(A) an explanation of what the school improvement 
     identification means and how the school compares in terms of 
     academic performance to other schools in the local 
     educational agency and State;
       ``(B) the reasons for such identification;
       ``(C) the data on which such identification is based;
       ``(D) an explanation of what the school is doing to address 
     the problem of low achievement;
       ``(E) an explanation of how parents can become involved in 
     upgrading the quality of the school;
       ``(F) an explanation of the right of parents, pursuant to 
     paragraph (6), to transfer their child to another public 
     school, including a public charter school, that is not in 
     school improvement, and how such transfer shall operate; and
       ``(G) notification to parents in a format and, to the 
     extent practicable, in a language they can understand.
       ``(6) Public school choice option.--
       ``(A) Schools identified for improvement.--
       ``(i) Schools identified on or before enactment.--Not later 
     than 18 months after the date of enactment of the Student 
     Results Act of 1999, a local educational agency shall provide 
     all students enrolled in a school identified (on or before 
     such date of enactment) for school improvement with an option 
     to transfer to any other public school within the local 
     educational agency or any public school consistent with 
     subparagraph (B), including a public charter school that has 
     not been identified for school improvement, unless such 
     option to transfer is prohibited by State law, or local law, 
     which includes school board-approved local educational agency 
     policy.
       ``(ii) Schools identified after enactment.--Not later than 
     18 months after the date on which a local educational agency 
     identifies a school for school improvement, the agency shall 
     provide all students enrolled in such school with an option 
     described in clause (i).
       ``(B) Cooperative agreement.--If all public schools in the 
     local educational agency to which a child may transfer to, 
     are identified for school improvement, the agency shall, to 
     the extent practicable, establish a cooperative agreement 
     with other local educational agencies in the area for the 
     transfer.
       ``(C) Transportation.--The local educational agency in 
     which the schools have been identified for improvement may 
     use funds under this part to provide transportation to 
     students whose parents choose to transfer their child or 
     children to a different school.
       ``(D) Continue option.--Once a school is no longer 
     identified for school improvement, the local educational 
     agency shall continue to provide public school choice as an 
     option to students in such school for a period of not less 
     than 2 years.
       ``(7) School plan.--
       ``(A) In general.--Each school identified under paragraph 
     (1) for school improvement shall, not later than 3 months 
     after being so identified, develop or revise a school plan, 
     in consultation with parents, school staff, the local 
     educational agency, and other outside experts for approval by 
     the local educational agency. Such plan shall--
       ``(i) incorporate scientifically-based research strategies 
     that strengthen the core academic program in the school;
       ``(ii) adopt policies that have the greatest likelihood of 
     improving the performance of participating children in 
     meeting the State's student performance standards;
       ``(iii) address the professional development needs of 
     staff, particularly teachers and principals;
       ``(iv) establish specific goals and objectives the school 
     will undertake for making adequate yearly progress which 
     include specific numerical performance goals and targets for 
     each of the groups of students identified in the 
     disaggregated data pursuant to section 1111(b)(2);
       ``(v) identify how the school will provide written 
     notification to parents, in a format and to the extent 
     practicable in a language such parents can understand; and
       ``(vi) specify the responsibilities of the local 
     educational agency and the school under the plan.
       ``(B) Conditional approval.--A local educational agency may 
     condition approval of a school plan on inclusion of 1 or more 
     of the corrective actions specified in paragraph (9).
       ``(C) Implementation.--A school shall implement its plan or 
     revised plan expeditiously, but not later than the beginning 
     of the school year after which the school has been identified 
     for improvement.
       ``(D) Review.--The local educational agency shall promptly 
     review the plan, work with the school as necessary, and 
     approve the plan if it meets the requirements of this 
     section.
       ``(8) Technical assistance.--
       ``(A) In general.--For each school identified for school 
     improvement under paragraph (1), the local educational agency 
     shall provide technical assistance as the school develops and 
     implements its plan.
       ``(B) Specific technical assistance.--Such technical 
     assistance--
       ``(i) shall include effective methods and instructional 
     strategies that are based upon scientifically based research 
     that strengthens the core academic program in the school and 
     addresses the specific elements of student performance 
     problems in the school;
       ``(ii) 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.
       ``(C) Technical assistance.--Technical assistance provided 
     under this section by the local educational agency or an 
     entity authorized by such agency shall be based upon 
     scientifically based research.
       ``(9) Corrective action.--In order to help students served 
     under this part meet challenging State standards, each local 
     educational agency shall implement a system of corrective 
     action in accordance with the following:
       ``(A) In general.--After providing technical assistance 
     under paragraph (8) and subject to subparagraph (F), the 
     local educational agency--
       ``(i) may take corrective action at any time with respect 
     to a school that has been identified under paragraph (1);
       ``(ii) shall take corrective action with respect to any 
     school that fails to make adequate yearly progress, as 
     defined by the State, after the end of the second year 
     following its identification under paragraph (1); and
       ``(iii) shall continue to provide technical assistance 
     while instituting any corrective action under clause (i) or 
     (ii).
       ``(B) Definition.--As used in this paragraph, the term 
     `corrective action' means action, consistent with State and 
     local law, that--
       ``(i) substantially and directly responds to the consistent 
     academic failure that caused the local educational agency to 
     take such action and to any underlying staffing, curricular, 
     or other problems in the school; and
       ``(ii) is designed to substantially increase the likelihood 
     that students will perform at the proficient and advanced 
     performance levels.
       ``(C) Certain schools.--In the case of a school described 
     in subparagraph (A)(ii), the local educational agency shall 
     take not less than 1 of the following corrective actions:
       ``(i) Withhold funds from the school.
       ``(ii) Decrease decisionmaking authority at the school 
     level.
       ``(iii) Make alternative governance arrangements, including 
     reopening the school as a public charter school.
       ``(iv) Reconstitute the school by requiring each person 
     employed at the school to reapply for future employment at 
     the same school or for any position in the local educational 
     agency.
       ``(v) Authorize students to transfer to other higher 
     performing public schools served by the local educational 
     agency, including public charter schools, and provide such 
     students transportation (or the costs of transportation) to 
     such schools in conjunction with not less than 1 additional 
     action described under this subparagraph.

[[Page H10433]]

       ``(vi) Institute and fully implement a new curriculum, 
     including appropriate professional development for all 
     relevant staff, that is based upon scientifically based 
     research and offers substantial promise of improving 
     educational achievement for low-performing students.
       ``(D) Implementation delay.--A local educational agency may 
     delay, for a period not to exceed 1 year, implementation of 
     corrective action only if the failure to make adequate yearly 
     progress was justified due to exceptional or uncontrollable 
     circumstances such as a natural disaster or a precipitous and 
     unforeseen decline in the financial resources of the local 
     educational agency or school.
       ``(E) Publication.--The local educational agency shall 
     publish, and disseminate to the public and to parents in a 
     format and, to the extent practicable, in a language that 
     they can understand, any corrective action it takes under 
     this paragraph through such means as the Internet, the media, 
     and public agencies.
       ``(F) Review.--(i) Before taking corrective action with 
     respect to any school under this paragraph, a local 
     educational agency shall provide the school an opportunity to 
     review the school level data, including assessment data, on 
     which the proposed determination is made.
       ``(ii) If the school believes that the proposed 
     determination is in error for statistical or other 
     substantive reasons, it may provide supporting evidence to 
     the local educational agency, which shall consider such 
     evidence before making a final determination.
       ``(10) State educational agency responsibilities.--If a 
     State educational agency determines that a local educational 
     agency failed to carry out its responsibilities under this 
     section, it shall take such action as it finds necessary, 
     consistent with this section, to improve the affected schools 
     and to ensure that the local educational agency carries out 
     its responsibilities under this section.
       ``(11) Special rule.--Schools that, for at least two of the 
     three years following identification under paragraph (1), 
     make adequate yearly progress toward meeting the State's 
     proficient and advanced levels of performance shall no longer 
     be identified for school improvement.
       ``(c) State Review and Local Educational Agency 
     Improvement.--
       ``(1) In general.--A State educational agency shall--
       ``(A) annually review the progress of each local 
     educational agency receiving funds under this part to 
     determine whether schools receiving assistance under this 
     part are making adequate yearly progress as defined in 
     section 1111(b)(2) 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 consistent with 
     section 1111, including statistically sound disaggregated 
     results, as required by section 1111(b)(2).
       ``(2) Identification of local educational agency for 
     improvement.--A State educational agency shall identify for 
     improvement any local educational agency that--
       ``(A) for 2 consecutive years failed to make adequate 
     yearly progress as defined in the State's plan under section 
     1111(b)(2); or
       ``(B) was in improvement status under this section as this 
     section was in effect on the day preceding the date of 
     enactment of the Student Results Act of 1999.
       ``(3) Transition.--The 2-year period described in paragraph 
     (2)(A) shall include any continuous period of time 
     immediately preceding the date of the enactment of the 
     Student Results Act of 1999, during which a local educational 
     agency did not make adequate yearly progress as defined in 
     the State's plan, as such plan was in effect on the day 
     preceding the date of such enactment.
       ``(4) Targeted assistance schools.--For purposes of 
     targeted assistance schools in a local educational agency, a 
     State educational agency may choose to review the progress of 
     only the students in such schools who are served under this 
     part.
       ``(5) Opportunity to review and present evidence.--
       ``(A) Review.--Before identifying a local educational 
     agency for improvement under paragraph (2), a State 
     educational agency shall provide the local educational agency 
     with an opportunity to review the local educational agency 
     data, including assessment data, on which that proposed 
     identification is based.
       ``(B) Supporting evidence.--If the local educational agency 
     believes that the proposed identification is in error for 
     statistical or other substantive reasons, it may provide 
     supporting evidence to the State educational agency, which 
     such agency shall consider before making a final 
     determination.
       ``(6) Notification to parents.--The State educational 
     agency shall promptly notify parents in a format, and to the 
     extent practicable in a language they can understand, of each 
     student enrolled in a school in a local educational agency 
     identified for improvement, of the reasons for such agency's 
     identification and how parents can participate in upgrading 
     the quality of the local educational agency.
       ``(7) Local educational agency revisions.--
       ``(A) Plan.--Each local educational agency identified under 
     paragraph (2) shall, not later than 3 months after being so 
     identified, develop or revise a local educational agency 
     plan, in consultation with parents, school staff, and others. 
     Such plan shall--
       ``(i) incorporate scientifically based research strategies 
     that strengthen the core academic program in the local 
     educational agency;
       ``(ii) identify specific goals and objectives the local 
     educational agency will undertake to make adequate yearly 
     progress and which--
       ``(I) have the greatest likelihood of improving the 
     performance of participating children in meeting the State's 
     student performance standards;
       ``(II) address the professional development needs of staff; 
     and
       ``(III) include specific numerical performance goals and 
     targets for each of the groups of students identified in the 
     disaggregated data pursuant to section 1111(b)(2);
       ``(iii) identify how the local educational agency will 
     provide written notification to parents in a format, and to 
     the extent practicable in a language, that they can 
     understand, pursuant to paragraph (6); and
       ``(iv) specify the responsibilities of the State 
     educational agency and the local educational agency under the 
     plan.
       ``(B) Implementation.--The local educational agency shall 
     implement its plan or revised plan expeditiously, but not 
     later than the beginning of the school year after which the 
     school has been identified for improvement.
       ``(8) State educational agency responsibility.--
       ``(A) In general.--For each local educational agency 
     identified under paragraph (2), the State educational agency 
     shall provide technical or other assistance, if requested, as 
     authorized under section 1117, to better enable the local 
     educational agency--
       ``(i) to develop and implement its revised plan as approved 
     by the State educational agency consistent with the 
     requirements of this section; and
       ``(ii) to work with schools needing improvement.
       ``(B) Technical assistance.--Technical assistance provided 
     under this section by the State educational agency or an 
     entity authorized by such agency shall be based upon 
     scientifically based research.
       ``(9) Corrective action.--In order to help students served 
     under this part meet challenging State standards, each State 
     educational agency shall implement a system of corrective 
     action in accordance with the following:
       ``(A) In general.--After providing technical assistance 
     under paragraph (8) and subject to subparagraph (D), the 
     State educational agency--
       ``(i) may take corrective action at any time with respect 
     to a local educational agency that has been identified under 
     paragraph (2);
       ``(ii) shall take corrective action with respect to any 
     local educational agency that fails to make adequate yearly 
     progress, as defined by the State, after the end of the 
     second year following its identification under paragraph (2); 
     and
       ``(iii) shall continue to provide technical assistance 
     while instituting any corrective action under clause (i) or 
     (ii).
       ``(B) Definition.--As used in this paragraph, the term 
     `corrective action' means action, consistent with State law, 
     that--
       ``(i) substantially and directly responds to the consistent 
     academic failure that caused the State educational agency to 
     take such action and to any underlying staffing, curricular, 
     or other problems in the school; and
       ``(ii) is designed to meet the goal of having all students 
     served under this part perform at the proficient and advanced 
     performance levels.
       ``(C) Certain local educational agencies.--In the case of a 
     local educational agency described in this paragraph, the 
     State educational agency shall take not less than 1 of the 
     following corrective actions:
       ``(i) Withhold funds from the local educational agency.
       ``(ii) Reconstitute school district personnel.
       ``(iii) Remove particular schools from the jurisdiction of 
     the local educational agency and establish alternative 
     arrangements for public governance and supervision of such 
     schools.
       ``(iv) Appoint, through the State educational agency, a 
     receiver or trustee to administer the affairs of the local 
     educational agency in place of the superintendent and school 
     board.
       ``(v) Abolish or restructure the local educational agency.
       ``(vi) Authorize students to transfer from a school 
     operated by a local educational agency to a higher performing 
     public school operated by another local educational agency, 
     or to a public charter school and provide such students 
     transportation (or the costs of transportation to such 
     schools, in conjunction with not less than 1 additional 
     action described under this paragraph.
       ``(D) Hearing.--Prior to implementing any corrective 
     action, the State educational agency shall provide due 
     process and a hearing to the affected local educational 
     agency, if State law provides for such process and hearing.
       ``(E) Publication.--The State educational agency shall 
     publish, and disseminate to parents and the public any 
     corrective action it takes under this paragraph through such 
     means as the Internet, the media, and public agencies.
       ``(F) Delay.--A local educational agency may delay, for a 
     period not to exceed 1 year, implementation of corrective 
     action if the failure to make adequate yearly progress was 
     justified due to exceptional or uncontrollable circumstances 
     such as a natural disaster or a precipitous and unforeseen 
     decline in the financial resources of the local educational 
     agency or school.
       ``(10) Special rule.--A local educational agency, that, for 
     at least two of the three years following identification 
     under paragraph (2), makes adequate yearly progress toward 
     meeting the State's proficient and advanced levels of 
     performance shall no longer be identified for school 
     improvement.''.

     SEC. 112. STATE ASSISTANCE FOR SCHOOL SUPPORT AND 
                   IMPROVEMENT.

       Section 1117 (20 U.S.C. 6318) is amended to read as 
     follows:

     ``SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND 
                   IMPROVEMENT.

       ``(a) System for Support.--Each State educational agency 
     shall establish a statewide system of intensive and sustained 
     support and improvement for local educational agencies and

[[Page H10434]]

     schools receiving funds under this part, in order to increase 
     the opportunity for all students in those agencies and 
     schools to meet the State's content standards and student 
     performance standards.
       ``(b) Priorities.--In carrying out this section, a State 
     educational agency shall--
       ``(1) first, provide support and assistance to local 
     educational agencies subject to corrective action under 
     section 1116 and assist schools, in accordance with section 
     1116(b)(10), for which a local educational agency has failed 
     to carry out its responsibilities under section 1116(b)(8) 
     and (9);
       ``(2) second, provide support and assistance to other local 
     educational agencies identified as in need of improvement 
     under section 1116; and
       ``(3) third, provide support and assistance to other local 
     educational agencies and schools participating under this 
     part that need that support and assistance in order to 
     achieve the purpose of this part.
       ``(c) Approaches.--In order to achieve the purpose 
     described in subsection (a), each such system shall provide 
     technical assistance and support through such approaches as--
       ``(1) school support teams, composed of individuals who are 
     knowledgeable about scientifically based research and 
     practice on teaching and learning, particularly about 
     strategies for improving educational results for low-
     achieving children; and
       ``(2) the designation and use of ``Distinguished 
     Educators'', chosen from schools served under this part that 
     have been especially successful in improving academic 
     achievement.
       ``(d) Funds.--Each State educational agency--
       ``(1) shall use funds reserved under section 1002(f); and
       ``(2) may use State administrative funds authorized under 
     section 1002(h) for such purpose.
       ``(e) Alternatives.--The State may devise additional 
     approaches to providing the assistance described in 
     paragraphs (1) and (2) 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 
     made available under section 1002(h) for such approaches as 
     part of the State plan.''.

     SEC. 113. ACADEMIC ACHIEVEMENT AWARDS PROGRAM.

       Subpart 1 of part A of title I is amended by inserting 
     after section 1117 the following:

     ``SEC. 1117A. ACADEMIC ACHIEVEMENT AWARDS PROGRAM.

       ``(a) Establishment of Academic Achievement Awards 
     Program.--
       ``(1) In general.--Each State receiving a grant under this 
     part may establish a program for making academic achievement 
     awards to recognize and financially reward schools served 
     under this part that have--
       ``(A) significantly closed the achievement gap between the 
     groups of students defined in section 1111(b)(2); or
       ``(B) exceeded their adequate yearly progress goals, 
     consistent with section 1111(b)(2), for 2 or more consecutive 
     years.
       ``(2) Awards to teachers.--A State program under paragraph 
     (1) may also recognize and provide financial awards to 
     teachers teaching in a school described in such paragraph 
     whose students consistently make significant gains in 
     academic achievement in the areas in which the teacher 
     provides instruction.
       ``(b) Funding.--
       ``(1) Reservation of funds by State.--For the purpose of 
     carrying out this section, each State receiving a grant under 
     this part may reserve, from the amount (if any) by which the 
     funds received by the State under this part for a fiscal year 
     exceed the amount received by the State under this part for 
     the preceding fiscal year, not more than 30 percent of such 
     excess amount.
       ``(2) Use within 3 years.--Notwithstanding any other 
     provision of law, the amount reserved under paragraph (1) by 
     a State for each fiscal year shall remain available to the 
     State until expended for a period not exceeding 3 years.
       ``(3) Special allocation rule for schools in high-poverty 
     areas.--
       ``(A) In general.--Each State receiving a grant under this 
     part shall distribute at least 50 percent of the amount 
     reserved under paragraph (1) for each fiscal year to schools 
     described in subparagraph (B), or to teachers teaching in 
     such schools.
       ``(B) Schools described.--A school described in 
     subparagraph (A) is a school whose student population is in 
     the highest quartile of schools statewide in terms of the 
     percentage of children eligible for free and reduced priced 
     lunches under the National School Lunch Act.''.

     SEC. 114. PARENTAL INVOLVEMENT CHANGES.

       (a) Local Educational Agency Policy.--Subsection (a) of 
     section 1118 (20 U.S.C. 6319(a)) is amended--
       (1) in paragraph (1), by striking ``programs, activities, 
     and procedures'' and inserting ``activities and procedures''.
       (2) in paragraph (2) by striking subparagraphs (E) and (F) 
     and inserting the following:
       ``(E) conduct, with the involvement of parents, an annual 
     evaluation of the content and effectiveness of the parental 
     involvement policy in improving the academic quality of the 
     schools served under this part;
       ``(F) involve parents in the activities of the schools 
     served under this part; and
       ``(G) promote consumer friendly environments at the local 
     educational agency and schools served under this part.'';
       (3) in paragraph (3) by adding at the end the following new 
     subparagraph:
       ``(C) Not less than 90 percent of the funds reserved under 
     subparagraph (A) shall be distributed to schools served under 
     this part.''.
       (b) Notice.--Paragraph (1) of section 1118(b) (20 U.S.C. 
     6319(b)(1)) is amended by inserting after the first sentence 
     the following: ``Parents shall be notified of the policy in a 
     format, and to the extent practicable, in a language that 
     they can understand.''.
       (c) Parental Involvement.--Paragraph (4) of section 1118(c) 
     (20 U.S.C. 6319(c)(4)) is amended--
       (1) in subparagraph (B), by striking ``performance profiles 
     required under section 1116(a)(3)'' and inserting ``school 
     reports required under section 1111'';
       (2) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (F) and (G), respectively;
       (3) by inserting after subparagraph (C) the following new 
     subparagraphs:
       ``(D) notice of the schools' identification as a school in 
     school improvement under section 1116(b), if applicable, and 
     a clear explanation of what such identification means;
       ``(E) notice of the corrective action that has been taken 
     against the school under section 1116(b)(9) and 1116(c)(9), 
     if applicable, and a clear explanation of what such action 
     means;''; and
       (4) in subparagraph (G) (as so redesignated), by striking 
     ``subparagraph (D)'' and inserting ``subparagraph (F)''.
       (d) Building Capacity for Involvement.--Subsection (e) of 
     section 1118 (20 U.S.C 6319(e)) is amended to read as 
     follows:
       ``(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 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 conduct other activities, as appropriate and 
     feasible, such as parent resource centers and opportunities 
     for parents to learn how to become full partners in the 
     education of their children;
       ``(6) 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;
       ``(7) shall provide such other reasonable support for 
     parental involvement activities under this section as parents 
     may request;
       ``(8) shall expand the use of electronic communications 
     among teachers, students, and parents, such as through the 
     use of websites and e-mail communications;
       ``(9) 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 in a format, and to 
     the extent practicable, in a language the parent can 
     understand;
       ``(10) 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;
       ``(11) 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;
       ``(12) may train and support parents to enhance the 
     involvement of other parents;
       ``(13) 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;
       ``(14) 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;
       ``(15) may adopt and implement model approaches to 
     improving parental involvement, such as Even Start;
       ``(16) may establish a districtwide parent advisory council 
     to advise on all matters related to parental involvement in 
     programs supported under this part; and
       ``(17) may 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

[[Page H10435]]

     secondary schools and local businesses that include a role 
     for parents.''.
       (e) Accessibility.--Subsection (f) of section 1118 (20 
     U.S.C. 6319(f)) is amended to read as follows:
       ``(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 and 
     parents of migratory children, including providing 
     information and school reports required under section 1111 in 
     a format, and to the extent practicable, in a language such 
     parents understand.''.

     SEC. 115. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

       Section 1119 (20 U.S.C. 6301) is amended to read as 
     follows:

     ``SEC. 1119. QUALIFICATIONS FOR TEACHERS AND 
                   PARAPROFESSIONALS.

       ``(a) Teachers.--
       ``(1) In general.--Each local educational agency receiving 
     assistance under this part shall ensure that all teachers 
     hired on or after the effective date of the Student Results 
     Act of 1999 and teaching in a program supported with funds 
     under this part are fully qualified.
       ``(2) Plan.--Each State receiving assistance under this 
     part shall develop and submit to the Secretary a plan to 
     ensure that all teachers teaching within the State are fully 
     qualified not later than December 31, 2003. Such plan shall 
     include an assurance that the State will require each local 
     educational agency and school receiving funds under this part 
     publicly to report their annual progress on the agency's and 
     the school's performance in increasing the percentage of 
     classes in core academic areas taught by fully qualified 
     teachers.
       ``(b) New Paraprofessionals.--
       ``(1) In general.--Each local educational agency receiving 
     assistance under this part shall ensure that all 
     paraprofessionals hired one year or more after the effective 
     date of the Student Results Act of 1999 and working in a 
     program supported with funds under this part shall--
       ``(A) have completed at least 2 years of study at an 
     institution of higher education;
       ``(B) have obtained an associate's (or higher) degree; or
       ``(C) have met a rigorous standard of quality that 
     demonstrates, through a formal assessment--
       ``(i) knowledge of, and the ability to assist in 
     instructing reading, writing, and math; or
       ``(ii) knowledge of, and the ability to assist in 
     instructing reading readiness, writing readiness, and math 
     readiness, as appropriate.
       ``(2) Clarification.--For purposes of paragraph (1)(C), the 
     receipt of a high school diploma (or its recognized 
     equivalent) shall be necessary but not by itself sufficient 
     to satisfy the requirements of such paragraph.
       ``(c) Existing Paraprofessionals.--Each local educational 
     agency receiving assistance under this part shall ensure that 
     all paraprofessionals hired before the date that is one year 
     after the effective date of the Student Results Act of 1999 
     and working in a program supported with funds under this part 
     shall, not later than 3 years after such effective date, 
     satisfy the requirements of subsection (b).
       ``(d) Exceptions for Translation and Parental Involvement 
     Activities.--Subsections (b) and (c) shall not apply to a 
     paraprofessional--
       ``(A) who is proficient in English and a language other 
     than English and who provides services primarily to enhance 
     the participation of children in programs under this part by 
     acting as a translator; or
       ``(B) whose duties consist solely of conducting parental 
     involvement activities consistent with section 1118.
       ``(e) General Requirement for All Paraprofessionals.--Each 
     local educational agency receiving assistance under this part 
     shall ensure that all paraprofessionals working in a program 
     supported with funds under this part, regardless of the 
     paraprofessional's hiring date, possess a high school diploma 
     or its recognized equivalent.
       ``(f) Duties of Paraprofessionals.--
       ``(1) In general.--Each local educational agency receiving 
     assistance under this part shall ensure that a 
     paraprofessional working in a program supported with funds 
     under this part is not assigned a duty inconsistent with this 
     subsection.
       ``(2) Responsibilities paraprofessionals may be assigned.--
     A paraprofessional described in paragraph (1) may only be 
     assigned--
       ``(A) to provide one-on-one tutoring for eligible students, 
     if the tutoring is scheduled at a time when a student would 
     not otherwise receive instruction from a teacher;
       ``(B) to assist with classroom management, such as 
     organizing instructional and other materials;
       ``(C) to provide assistance in a computer laboratory;
       ``(D) to conduct parental involvement activities;
       ``(E) to provide support in a library or media center;
       ``(F) to act as a translator; or
       ``(G) to provide instructional services to students;
       ``(3) Additional limitations.--A paraprofessional described 
     in paragraph (1)--
       ``(A) may not provide any instructional service to a 
     student unless the paraprofessional is working under the 
     direct supervision of a fully qualified teacher; and
       ``(B) may not provide instructional services to students in 
     the area of reading, writing, or math unless the 
     paraprofessional has demonstrated, through a State or local 
     assessment, the ability effectively to carry out reading, 
     writing, or math instruction.
       ``(g) Use of Funds.--
       ``(1) Professional development.--A local educational agency 
     receiving funds under this part may use such funds to support 
     ongoing training and professional development to assist 
     teachers and paraprofessionals in satisfying the requirements 
     of this section.
       ``(2) Limitation on use of funds for paraprofessionals.--
       ``(A) In general.--Beginning on and after the effective 
     date of the Student Results Act of 1999, a local educational 
     agency may not use funds received under this part to fund any 
     paraprofessional hired after such date unless the hiring is 
     to fill a vacancy created by the departure of another 
     paraprofessional funded under this part and such new 
     paraprofessional satisfies the requirements of subsection (b) 
     or (c).
       ``(B) Exception.--Subparagraph (A) shall not apply for a 
     fiscal year to a local educational agency that can 
     demonstrate to the State that all teachers under the 
     jurisdiction of the agency are fully qualified.
       ``(h) Verification of Compliance.--
       ``(1) In general.--In verifying compliance with this 
     section, each local educational agency at a minimum shall 
     require that the principal of each school operating a program 
     under section 1114 or 1115 annually attest in writing as to 
     whether such school is in compliance with the requirements of 
     this section.
       ``(2) Availability of information.--Copies of attestations 
     under paragraph (1)--
       ``(A) shall be maintained at each school operating a 
     program under section 1114 or 1115 and at the main office of 
     the local educational agency; and
       ``(B) shall be available to any member of the general 
     public upon request.''.

     SEC. 116. PROFESSIONAL DEVELOPMENT.

       Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is 
     amended by inserting after section 1119 the following:

     ``SEC. 1119A. PROFESSIONAL DEVELOPMENT.

       ``(a) Purpose.--The purpose of this section is to assist 
     each local educational agency receiving assistance under this 
     part in increasing the academic achievement of eligible 
     children (as defined in section 1115(b)(1)(B)) through 
     improved teacher quality.
       ``(b) Professional Development Activities.--
       ``(1) Required activities.--Professional development 
     activities under this section shall--
       ``(A) support professional development activities that give 
     teachers, principals, and administrators the knowledge and 
     skills to provide students with the opportunity to meet 
     challenging State or local content standards and student 
     performance standards;
       ``(B) support the recruiting, hiring, and training of fully 
     qualified teachers, including teachers fully qualified 
     through State and local alternative routes;
       ``(C) advance teacher understanding of effective 
     instructional strategies based on scientifically-based 
     research for improving student achievement, at a minimum, in 
     reading or language arts and mathematics;
       ``(D) be directly related to the curriculum and content 
     areas in which the teacher provides instruction;
       ``(E) be designed to enhance the ability of a teacher to 
     understand and use the State's standards for the subject area 
     in which the teacher provides instruction;
       ``(F) be tied to scientifically based research 
     demonstrating the effectiveness of such professional 
     development activities or programs in increasing student 
     achievement or substantially increasing the knowledge and 
     teaching skills of teachers;
       ``(G) be of sufficient intensity and duration (not to 
     include 1-day or short-term workshops and conferences) to 
     have a positive and lasting impact on the teacher's 
     performance in the classroom, except that this paragraph 
     shall not apply to an activity if such activity is one 
     component of a long-term comprehensive professional 
     development plan established by the teacher and the teacher's 
     supervisor based upon an assessment of their needs, their 
     students' needs, and the needs of the local educational 
     agency;
       ``(H) be developed with extensive participation of 
     teachers, principals, parents, and administrators of schools 
     to be served under this part;
       ``(I) to the extent appropriate, provide training for 
     teachers in the use of technology so that technology and its 
     applications are effectively used in the classroom to improve 
     teaching and learning in the curriculum and academic content 
     areas in which the teachers provide instruction; and
       ``(J) as a whole, be regularly evaluated for their impact 
     on increased teacher effectiveness and improved student 
     achievement, with the findings of such evaluations used to 
     improve the quality of professional development.
       ``(2) Optional activities.--Such professional development 
     activities may include--
       ``(A) instruction in the use of data and assessments to 
     inform and instruct classroom practice;
       ``(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) 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;
       ``(E) instruction in ways to teach special needs children;
       ``(F) joint professional development activities involving 
     programs under this part, Head Start,

[[Page H10436]]

     Even Start, or State-run preschool program personnel;
       ``(G) instruction in experiential-based teaching methods 
     such as service or applied learning; and
       ``(H) mentoring programs focusing on changing teacher 
     behaviors and practices to help novice teachers, including 
     teachers who are members of a minority group, develop and 
     gain confidence in their skills, to increase the likelihood 
     that they will continue in the teaching profession, and 
     generally to improve the quality of their teaching.
       ``(c) Program Participation.--Each local educational agency 
     receiving assistance under this part may 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) Consolidation of Funds.--Funds provided under this 
     part that are used for professional development purposes may 
     be consolidated with funds provided under title II of this 
     Act and other sources.
       ``(g) Definition.--The term `fully qualified' has the same 
     meaning given such term in section 1610.
       ``(h) 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(c)(9).''.

     SEC. 117. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 
                   SCHOOLS.

       (a) General Requirement.--Subsection (a) of section 1120 
     (20 U.S.C. 6321(a)) is amended to read as follows:
       ``(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) that address their needs, and shall ensure 
     that teachers and families of these students participate, on 
     an equitable basis, in services and activities developed 
     pursuant to sections 1118 and 1119A.
       ``(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, and shall be provided in a 
     timely manner.
       ``(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, 
     which the local educational agency may determine each year or 
     every 2 years.
       ``(5) Provision of services.--The local educational agency 
     shall provide services under this section directly or through 
     contracts with public and private agencies, organizations, 
     and institutions.''.
       (b) Consultation.--Subsection (b) of section 1120 (20 
     U.S.C. 6321(b)) is amended to read as follows:
       ``(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, where, and by whom the services will be 
     provided;
       ``(D) how the services will be assessed and how the results 
     of that assessment will be used to improve those services;
       ``(E) the size and scope of the equitable services to be 
     provided to the eligible private school children, and the 
     amount of funds generated by low-income private school 
     children in each participating attendance area;
       ``(F) the method or sources of data that are used under 
     subsection (a)(4) and section 1113(c)(2) to determine the 
     number of children from low-income families in participating 
     school attendance areas who attend private schools; and
       ``(G) how and when the agency will make decisions about the 
     delivery of services to such children, including a thorough 
     consideration and analysis of the views of the private school 
     officials on the provision of contract services through 
     potential third party providers. If the local educational 
     agency disagrees with the views of the private school 
     officials on the provision of services, through a contract, 
     the local educational agency shall provide in writing to such 
     private school officials, an analysis of the reasons why the 
     local educational agency has chosen not to use a contractor.
       ``(2) Timing.--Such consultation shall include meetings of 
     agency and private school officials and 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. Such meetings shall 
     continue throughout implementation and assessment of services 
     provided under this section.
       ``(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.
       ``(4) Documentation.--Each local educational agency shall 
     provide to the State educational agency, and maintain in its 
     records, a written affirmation signed by officials of each 
     participating private school that the consultation required 
     by this section has occurred.
       ``(5) Compliance.--Private school officials shall have the 
     right to appeal to the State as to whether the consultation 
     provided for in this section was meaningful and timely, and 
     that due consideration was given to the views of private 
     school officials. If the private school wishes to appeal, the 
     basis of the claim of noncompliance with this section by the 
     local educational agencies shall be provided to the State, 
     and the local educational agency shall forward the 
     documentation provided in subsection (b)(3) to the State.''.
       (c) Standards for Bypass.--Subsection (d) of section 1120 
     (20 U.S.C. 6321(d)) is amended to read as follows:
       ``(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;
       ``(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; 
     and
       ``(3) in making the determination, consider one or more 
     factors, including the quality, size, scope, and location of 
     the program and the opportunity of eligible children to 
     participate.''.
       (d) Capital Expenses.--Effective September 30, 2002, 
     subsection (e) of section 1120 (20 U.S.C. 6321(e)) is hereby 
     repealed.

     SEC. 118. COORDINATION REQUIREMENTS.

       Section 1120B (20 U.S.C. 6323 et seq.) is amended--
       (1) in subsection (a), by striking ``to the extent 
     feasible'' and all that follows through the period and 
     inserting ``with local Head Start agencies, and if feasible, 
     other early childhood development programs.'';
       (2) in subsection (b)--
       (A) in paragraph (3) by striking ``and'' after the 
     semicolon;
       (B) in paragraph (4) by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end, the following:
       ``(5) linking the educational services provided in such 
     local educational agency with the services provided in local 
     Head Start agencies.''.

     SEC. 119. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF 
                   THE INTERIOR.

       Section 1121 is amended to read as follows:

     ``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 in the amount determined in 
     accordance with subsection (b); and
       ``(2) the Secretary of the Interior in the amount necessary 
     to make payments pursuant to subsection (d).
       ``(b) Assistance to Outlying Areas.--
       ``(1) Funds reserved.--From the amount made available for 
     any fiscal year under subsection (a), the Secretary shall 
     award grants to the outlying areas.
       ``(2) Competitive grants.--For fiscal years 2000 and 2001, 
     the Secretary shall carry out the competition described in 
     paragraph (3), except that the amount reserved to carry out 
     such competition shall not exceed the amount reserved under 
     this section for the freely associated states for fiscal year 
     1999.
       ``(3) Limitation for competitive grants.--
       ``(A) Competitive grants.--The Secretary shall use funds 
     described in paragraph (2) to award grants, on a competitive 
     basis, to the outlying areas and freely associated States to 
     carry out the purposes of this part.
       ``(B) Award basis.--The Secretary shall award grants under 
     subparagraph (A) on a competitive basis, pursuant to the 
     recommendations of the Pacific Region Educational Laboratory 
     in Honolulu, Hawaii.
       ``(C) Termination of eligibility.--Notwithstanding any 
     other provision of law, the freely associated States shall 
     not receive any funds under this part after September 30, 
     2001.
       ``(D) Administrative costs.--The Secretary may provide not 
     more than five percent of the amount reserved for grants 
     under this paragraph to pay the administrative costs of the 
     Pacific Region Educational Laboratory under subparagraph (B).

[[Page H10437]]

       ``(4) Special rule.--The provisions of Public Law 95-134, 
     permitting the consolidation of grants by the outlying areas, 
     shall not apply to funds provided to the freely associated 
     States under this section.
       ``(c) Definitions.--For the purposes of subsection (a) and 
     (b)--
       ``(1) the term `freely associated States' means the 
     Republic of the Marshall Islands, the Federated States of 
     Micronesia, and the Republic of Palau; and
       ``(2) the term `outlying area' means the United States 
     Virgin Islands, Guam, American Samoa, and the Commonwealth of 
     the Northern Mariana Islands.
       ``(d) 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. 120. AMOUNTS FOR GRANTS.

       Section 1122 (20 U.S.C. 6332 et seq.) is amended to read as 
     follows:

     ``SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRATION GRANTS, 
                   AND TARGETED GRANTS.

       ``(a) Allocation Formula.--Of the amount authorized to be 
     appropriated to carry out this part for each of fiscal years 
     2000 through 2004 (referred to in this subsection as the 
     current fiscal year)--
       ``(1) an amount equal to the amount appropriated to carry 
     out section 1124 for fiscal year 1999 plus 42.5 percent of 
     the amount, if any, by which the amount appropriated under 
     section 1002(a) for the current fiscal year exceeds the 
     amount appropriated under such section for fiscal year 1999 
     shall be allocated in accordance with section 1124;
       ``(2) an amount equal to the amount appropriated to carry 
     out section 1124A for fiscal year 1999 plus 7.5 percent of 
     the amount, if any, by which the amount appropriated under 
     section 1002(a) for the current fiscal year exceeds the 
     amount appropriated under such section for fiscal year 1999 
     shall be allocated in accordance with section 1124A; and
       ``(3) an amount equal to 50 percent of the amount, if any, 
     by which the amount appropriated under section 1002(a) for 
     the current fiscal year exceeds the amount appropriated under 
     such section for fiscal year 1999 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) Amounts for sections 1124 and 1125.--For each fiscal 
     year, the amount made available to each local educational 
     agency under each of sections 1124 and 1125 shall be--
       ``(A) not less than 95 percent of the amount made available 
     in the preceding fiscal year if the number of children 
     counted for grants under section 1124 is not less than 30 
     percent of the total number of children aged 5 to 17 years, 
     inclusive, in the local educational agency;
       ``(B) not less than 90 percent of the amount made available 
     in the preceding fiscal year if the percentage described in 
     subparagraph (A) is between 15 percent and 30 percent; and
       ``(C) not less than 85 percent of the amount made available 
     in the preceding fiscal year if the percentage described in 
     subparagraph (A) is below 15 percent.
       ``(2) Amount for section 1124A.--The amount made available 
     to each local educational agency under section 1124A shall be 
     not less than 85 percent of the amount made available in the 
     preceding fiscal year.
       ``(3) Payments.--If sufficient funds are appropriated, the 
     amounts described in paragraph (2) shall be paid to all local 
     educational agencies that received grants under section 1124A 
     for the preceding fiscal year, regardless of whether the 
     local educational agency meets the minimum eligibility 
     criteria for that fiscal year provided in section 
     1124A(a)(1)(A) except that a local educational agency that 
     does not meet such minimum eligibility criteria for 4 
     consecutive years shall no longer be eligible to receive a 
     hold harmless amount referred to in paragraph (2).
       ``(4) Population data.--In any fiscal year for which the 
     Secretary calculates grants on the basis of population data 
     for counties, the Secretary shall apply the hold harmless 
     percentages in paragraphs (1) and (2) to counties, and if the 
     Secretary's allocation for a county is not sufficient to meet 
     the hold-harmless requirements of this subsection for every 
     local educational agency within that county, 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 subsection.
       ``(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 (c) 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 (c) for such 
     fiscal year, amounts that were reduced under paragraph (1) 
     shall be increased on the same basis as such amounts were 
     reduced.
       ``(e) Definition.--For the purpose of this section and 
     sections 1124, 1124A, and 1125, the term `State' means each 
     of the 50 States, the District of Columbia, and the 
     Commonwealth of Puerto Rico.''.

     SEC. 121. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.

       Section 1124 (20 U.S.C. 6333 et seq.) is amended to read as 
     follows:

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

       ``(a) Amount of Grants.--
       ``(1) Grants for local educational agencies and puerto 
     rico.--Except as provided in paragraph (4) and in section 
     1126, the grant that a local educational agency is eligible 
     to receive under this section for a fiscal year is the amount 
     determined by multiplying--
       ``(A) the number of children counted under subsection (c); 
     and
       ``(B) 40 percent of the average per-pupil expenditure in 
     the State, except that the amount determined under this 
     subparagraph shall not be less than 32 percent or more than 
     48 percent, of the average per-pupil expenditure in the 
     United States.
       ``(2) Calculation of grants.--
       ``(A) Allocations to local educational agencies.--The 
     Secretary shall calculate grants under this section on the 
     basis of the number of children counted under subsection (c) 
     for local educational agencies, unless the Secretary and the 
     Secretary of Commerce determine that some or all of those 
     data are unreliable or that their use would be otherwise 
     inappropriate, in which case--
       ``(i) the 2 Secretaries shall publicly disclose the reasons 
     for their determination in detail; and
       ``(ii) paragraph (3) shall apply.
       ``(B) Allocations to large and small local educational 
     agencies.--(i) For any fiscal year in which this paragraph 
     applies, the Secretary shall calculate grants under this 
     section for each local educational agency.
       ``(ii) The amount of a grant under this section for each 
     large local educational agency shall be the amount determined 
     under clause (i).
       ``(iii) For small local educational agencies, the State 
     educational agency may either--
       ``(I) distribute grants under this section in amounts 
     determined by the Secretary under clause (i); or
       ``(II) use an alternative method approved by the Secretary 
     to distribute the portion of the State's total grants under 
     this section that is based on those small agencies.
       ``(iv) An alternative method under clause (iii)(II) shall 
     be based on population data that the State educational agency 
     determines best reflect the current distribution of children 
     in poor families among the State's small local educational 
     agencies that meet the eligibility criteria of subsection 
     (b).
       ``(v) If a small local educational agency is dissatisfied 
     with the determination of its grant by the State educational 
     agency under clause (iii)(II), it may appeal that 
     determination to the Secretary, who shall respond not later 
     than 45 days after receipt of such appeal.
       ``(vi) As used in this subparagraph--
       ``(I) the term `large local educational agency' means a 
     local educational agency serving an area with a total 
     population of 20,000 or more; and
       ``(II) the term `small local educational agency' means a 
     local educational agency serving an area with a total 
     population of less than 20,000.
       ``(3) Allocations to counties.--
       ``(A) Calculation.--For any fiscal year to which this 
     paragraph applies, the Secretary shall calculate grants under 
     this section 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 issued 
     by the Secretary.
       ``(B) Direct allocations.--In any State in which a large 
     number of local educational agencies overlap county 
     boundaries, or for which the State believes it has data that 
     would better target funds than allocating them by county, the 
     State educational agency may apply to the Secretary for 
     authority to make the allocations under this part for a 
     particular fiscal year directly to local educational agencies 
     without regard to counties.
       ``(C) Assurances.--If the Secretary approves the State 
     educational agency's application under subparagraph (B), the 
     State educational agency shall provide the Secretary an 
     assurance that such allocations shall be made--
       ``(i) using precisely the same factors for determining a 
     grant as are used under this part; or

[[Page H10438]]

       ``(ii) using data that the State educational agency submits 
     to the Secretary for approval that more accurately target 
     poverty.
       ``(D) Appeal.--The State educational agency shall provide 
     the Secretary an assurance that it shall establish a 
     procedure through which a local educational agency that is 
     dissatisfied with its determinations under subparagraph (B) 
     may appeal directly to the Secretary for a final 
     determination.
       ``(4) Puerto rico.--
       ``(A) In general.--For each fiscal year, the grant which 
     the Commonwealth of Puerto Rico shall be eligible to receive 
     under this section shall be the amount determined by 
     multiplying the number of children counted under subsection 
     (c) for the Commonwealth of Puerto Rico by the product of--
       ``(i) 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; 
     and
       ``(ii) 32 percent of the average per pupil expenditure in 
     the United States.
       ``(B) Minimum percentage.--The percentage in subparagraph 
     (A)(i) shall not be less than--
       ``(i) for fiscal year 2000, 75.0 percent;
       ``(ii) for fiscal year 2001, 77.5 percent;
       ``(iii) for fiscal year 2002, 80.0 percent;
       ``(iv) for fiscal year 2003, 82.5 percent;
       ``(v) for fiscal year 2004 and succeeding fiscal years, 
     85.0 percent.
       ``(C) Limitation.--If the application of subparagraph (B) 
     would result in any of the 50 States or the District of 
     Columbia receiving less under this part than it received 
     under this part for the preceding fiscal year, the percentage 
     in subparagraph (A) shall be the greater of the percentage in 
     subparagraph (A)(i) or the percentage used for the preceding 
     fiscal year.
       ``(5) Definition.--For purposes of this subsection, the 
     term `State' does not include Guam, American Samoa, the 
     Virgin Islands, and the Northern Mariana Islands.
       ``(b) Minimum Number of Children To Qualify.--A local 
     educational agency is eligible for a basic grant under this 
     section for any fiscal year only if the number of children 
     counted under subsection (c) for that agency is both--
       ``(1) 10 or more; and
       ``(2) more than 2 percent of the total school-age 
     population in the agency's jurisdiction.
       ``(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); and
       ``(B) the number of children (determined under paragraph 
     (4) for either the preceding year as described in that 
     paragraph, or for the second preceding year, as the Secretary 
     finds appropriate) 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. 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 2001 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 local educational agencies or 
     counties, 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. 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 
     publicly disclose their reasons. 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) Other children to be counted.--The Secretary shall 
     determine the number of children aged 5 through 17 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 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. For the purpose of 
     this section, the Secretary shall consider all children who 
     are in correctional institutions to be living in institutions 
     for delinquent children.
       ``(5) 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.
       ``(d) State Minimum.--Notwithstanding 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. 122. CONCENTRATION GRANTS.

       Section 1124A (20 U.S.C. 6334 et seq.) is amended to read 
     as follows:

     ``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, and the 
     Commonwealth of the Northern Mariana Islands, which is 
     eligible for a grant under section 1124 for any fiscal year 
     is eligible for an additional grant under this section for 
     that fiscal year if the number of children counted under 
     section 1124(c) in the agency exceeds either--
       ``(i) 6,500; or
       ``(ii) 15 percent of the total number of children aged 5 
     through 17 in the agency.
       ``(B) Notwithstanding 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 that 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) Local allocations.--(A) Grant amounts under this 
     section shall be determined in accordance with section 
     1124(a)(2) and (3).
       ``(B) For any fiscal year for which the Secretary allocates 
     funds under this section on the basis of counties, a State 
     may reserve not more than 2 percent of its allocation under 
     this section to make grants to local educational agencies 
     that meet the criteria of paragraph (1)(A)(i) or (ii) but 
     that are in ineligible counties that do not meet these 
     criteria.
       ``(b) 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. 123. TARGETED GRANTS.

       Section 1125 (20 U.S.C 6335 et seq.) is amended to read as 
     follows:

     ``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

[[Page H10439]]

     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. For each fiscal year for which the 
     Secretary uses county population data to calculate grants, 
     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 paragraph 1124(a)(1)(B).
       ``(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)(4).
       ``(c) Weighted Child Count.--
       ``(1) Weights for allocations to counties.--
       ``(A) In general.--For each fiscal year for which the 
     Secretary uses county population data to calculate grants, 
     the weighted child count used to determine a county's 
     allocation under this section is the larger of the two 
     amounts determined under clause (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 
     weighted child count 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) Weights for allocations to local educational 
     agencies.--
       ``(A) In general.--For each fiscal year 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 
     weighted child count 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) Calculation of Grant Amounts.--Grants under this 
     section shall be calculated in accordance with section 
     1124(a)(2) and (3).
       ``(e) State Minimum.--Notwithstanding any other provision 
     of this section or 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. 124. SPECIAL ALLOCATION PROCEDURES.

       Section 1126 (20 U.S.C. 6337 et seq.) is amended to read as 
     follows:

     ``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 (B) of section 
     1124(c)(1), 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. 125. SECULAR, NEUTRAL, AND NONIDEOLOGICAL.

       Part A is amended by adding at the end the following:

     ``SEC. 1128. SECULAR, NEUTRAL, AND NONIDEOLOGICAL.

       ``Any school that receives funds under this part shall 
     ensure that educational services or other benefits provided 
     under this part, including materials and equipment, shall be 
     secular, neutral, and nonideological.''.

                PART B--EDUCATION OF MIGRATORY CHILDREN

     SEC. 131. STATE ALLOCATIONS.

       Section 1303 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6393) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) State Allocations.--
       ``(1) Fiscal year 2000.--For fiscal year 2000, each State 
     (other than the Commonwealth of Puerto Rico) is entitled to 
     receive under this part an amount equal to--
       ``(A) 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
       ``(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, nor more than 48 
     percent, of the average expenditure per pupil in the United 
     States.
       ``(2) Subsequent years.--
       ``(A) Base amount.--
       ``(i) In general.--Except as provided in subsection (b) and 
     clause (ii), each State is entitled to receive under this 
     part, for fiscal year 2001 and succeeding fiscal years, an 
     amount equal to--

       ``(I) the amount that such State received under this part 
     for fiscal year 2000; plus
       ``(II) the amount allocated to the State under subparagraph 
     (B).

       ``(ii) Nonparticipating states.--In the case of a State 
     (other than the Commonwealth of Puerto Rico) that did not 
     receive any funds for fiscal year 2000 under this part, the 
     State shall receive, for fiscal year 2001 and succeeding 
     fiscal years, an amount equal to--

       ``(I) the amount that such State would have received under 
     this part for fiscal year 2000 if its application under 
     section 1304 for the year had been approved; plus

[[Page H10440]]

       ``(II) the amount allocated to the State under subparagraph 
     (B).

       ``(B) Allocation of additional amount.--For fiscal year 
     2001 and succeeding fiscal years, the amount (if any) by 
     which the funds appropriated to carry out this part for the 
     year exceed such funds for fiscal year 2000 shall be 
     allocated to a State (other than the Commonwealth of Puerto 
     Rico) so that the State receives an amount equal to--
       ``(i) the sum of--

       ``(I) the number of identified eligible migratory children, 
     aged 3 through 21, residing in the State during the previous 
     year; and
       ``(II) the number of identified eligible migratory 
     children, aged 3 through 21, who received services under this 
     part in summer or intersession programs provided by the State 
     during such year; multiplied by

       ``(ii) 40 percent of the average per-pupil expenditure in 
     the State, except that the amount determined under this 
     clause may not be less than 32 percent, or more than 48 
     percent, of the average expenditure per-pupil in the United 
     States.'';
       (2) by amending subsection (b) to read as follows:
       ``(b) Allocation to Puerto Rico.--
       ``(1) Fiscal year 2000.--For fiscal year 2000, the grant 
     which the Commonwealth of Puerto Rico shall be eligible to 
     receive under this section shall be the amount determined by 
     multiplying the number of children counted under subsection 
     (a)(1)(A) for the Commonwealth of Puerto Rico by the product 
     of--
       ``(A) 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; 
     and
       ``(B) 32 percent of the average per pupil expenditure in 
     the United States.
       ``(2) Subsequent fiscal years.--For each fiscal year after 
     fiscal year 2000, the grant which the Commonwealth of Puerto 
     Rico shall be eligible to receive under this section shall be 
     the amount determined by multiplying the number of children 
     counted under subsection (a)(2)(B)(i)(I) and (a)(2)(B)(i)(II) 
     for the Commonwealth of Puerto Rico during the previous 
     fiscal year, by the product of--
       ``(A) 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; 
     and
       ``(B) 32 percent of the average per pupil expenditure in 
     the United States.
       ``(3) Minimum allocation.--
       ``(A) Fiscal year 2000.--The percentage in paragraph (1)(A) 
     shall not be less than 75.0 percent.
       ``(B) Subsequent fiscal years.--The percentage in paragraph 
     (2)(A) shall not be less than--
       ``(i) for fiscal year 2001, 77.5 percent;
       ``(ii) for fiscal year 2002, 80.0 percent;
       ``(iii) for fiscal year 2003, 82.5 percent; and
       ``(iv) for fiscal year 2004 and succeeding fiscal years, 
     85.0 percent.
       ``(4) Special rule.--If the application of paragraph (3) 
     would result in any of the 50 States or the District of 
     Columbia receiving less under this part than it recieved 
     under this part for the preceding fiscal year, the percentage 
     in paragraph (1) or (2), respectively, shall be the greater 
     of the percentage in paragraph (1)(A) or (2)(A) the 
     percentage used for the preceding fiscal year.''; and
       (3) by striking subsections (d) and (e).

     SEC. 132. STATE APPLICATIONS; SERVICES.

       (a) Program Information.--Section 1304(b) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6394(b)) is 
     amended--
       (1) in paragraph (1), by striking ``addressed through'' and 
     all that follows through the semicolon at the end and 
     inserting the following:
     ``addressed through--
       ``(A) the full range of services that are available for 
     migratory children from appropriate local, State, and Federal 
     educational programs;
       ``(B) joint planning among local, State, and Federal 
     educational programs serving migrant children, including 
     programs under parts A and C of title VII;
       ``(C) the integration of services available under this part 
     with services provided by those other programs; and
       ``(D) measurable program goals and outcomes;'';
       (2) in paragraph (5), by striking ``the requirements of 
     paragraph (1); and'' and inserting ``the numbers and needs of 
     migratory children, the requirements of subsection (d), and 
     the availability of funds from other Federal, State, and 
     local programs;'';
       (3) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(7) a description of how the State will encourage 
     programs and projects assisted under this part to offer 
     family literacy services if the program or project serves a 
     substantial number of migratory children who have parents who 
     do not have a high school diploma or its recognized 
     equivalent or who have low levels of literacy.''.
       (b) Assurances.--Section 1304(c) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6394(c)) is 
     amended--
       (1) in paragraph (1), by striking ``1306(b)(1);'' and 
     inserting ``1306(a);'';
       (2) in paragraph (3)--
       (A) by striking ``appropriate'';
       (B) by striking ``out, to the extent feasible,'' and 
     inserting ``out''; and
       (C) by striking ``1118;'' and inserting ``1118, unless 
     extraordinary circumstances make implementation consistent 
     with such section impractical;''; and
       (3) in paragraph (7), by striking ``section 1303(e)'' and 
     inserting ``paragraphs (1)(A) and (2)(B)(i) of section 
     1303(a)''.

     SEC. 133. AUTHORIZED ACTIVITIES.

       Section 1306 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6396) is amended to read as follows:

     ``SEC. 1306. AUTHORIZED ACTIVITIES.

       ``(a) In General.--
       ``(1) Flexibility.--Each State educational agency, through 
     its local educational agencies, shall have the flexibility to 
     determine the activities to be provided with funds made 
     available under this part, except that such funds shall first 
     be used to meet the identified needs of migratory children 
     that result from their migratory lifestyle, and to permit 
     these children to participate effectively in school.
       ``(2) Unaddressed needs.--Funds provided under this part 
     shall be used to address the needs of migratory children that 
     are not addressed by services available from other Federal or 
     non-Federal programs, except that migratory children who are 
     eligible to receive services under part A of this title may 
     receive those services through funds provided under that 
     part, or through funds under this part that remain after the 
     agency addresses the needs described in paragraph (1).
       ``(b) Construction.--Nothing in this part shall be 
     construed to prohibit a local educational agency from serving 
     migratory children simultaneously with students with similar 
     educational needs in the same educational settings, where 
     appropriate.
       ``(c) Special Rule.--Notwithstanding section 1114, a school 
     that receives funds under this part shall continue to address 
     the identified needs described in subsection (a)(1).''.

     SEC. 134. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.

       (a) Duration.--Section 1308(a)(2) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6398(a)(2)) is 
     amended by striking ``subpart'' and inserting ``subsection''.
       (b) Student Records.--Section 1308(b) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6398(b)) is 
     amended to read as follows:
       ``(b) Student Records.--
       ``(1) Assistance.--The Secretary shall assist States in 
     developing effective methods for the transfer of student 
     records and in determining the number of migratory children 
     in each State. The Secretary, in consultation with the 
     States, shall determine the minimum data elements for records 
     to be maintained and transferred when funds under this part 
     are used for such purpose. The Secretary may assist States to 
     implement a system of electronic records maintenance and 
     transfer for migrant students.
       ``(2) No cost for certain transfers.--A State educational 
     agency or local educational agency receiving assistance under 
     this part shall make student records available to another 
     local educational agency that requests the records at no cost 
     to the requesting agency, if the request is made in order to 
     meet the needs of a migratory child.''.
       (c) Availability of Funds.--Section 1308(c) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6398(c)) is amended by striking ``$6,000,000'' and inserting 
     ``$10,000,000''.
       (d) Incentive Grants.--Section 1308(d) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6398(d)) is 
     amended to read as follows:
       ``(d) Incentive Grants.--From the amounts made available to 
     carry out this section for any fiscal year, the Secretary may 
     reserve not more than $3,000,000 to award grants of not more 
     than $250,000 on a competitive basis to State educational 
     agencies that propose a consortium arrangement with another 
     State or other appropriate entity that the Secretary 
     determines, pursuant to criteria that the Secretary shall 
     establish, will improve the delivery of services to migratory 
     children whose education is interrupted.''.

                 PART C--NEGLECTED OR DELINQUENT YOUTH

     SEC. 141. NEGLECTED OR DELINQUENT YOUTH.

       The heading for part D of title I is amended to read as 
     follows:

    ``PART D--PREVENTION AND INTERVENTION PROGRAMS FOR NEGLECTED OR 
                    DELINQUENT CHILDREN AND YOUTH''.

     SEC. 142. FINDINGS.

       Section 1401(a) is amended--
       (1) in paragraph (3), by striking the following 
     ``Preventing students from dropping out of local schools and 
     addressing'' and inserting ``Addressing'';
       (2) by striking paragraphs (6) through (9) and adding the 
     following:
       ``(6) Youth returning from correctional facilities need to 
     be involved in programs that provide them with high level 
     skills and other support to help them stay in school and 
     complete their education.''.

     SEC. 143. ALLOCATION OF FUNDS.

       Section 1412(b) is amended to read as follows:
       ``(b) Subgrants to State Agencies in Puerto Rico.--
       ``(1) In general.--For each fiscal year, the amount of the 
     subgrant for which a State agency in the Commonwealth of 
     Puerto Rico shall be eligible to receive under this part 
     shall be the amount determined by multiplying the number of 
     children counted under subparagraph (a)(1)(A) for the 
     Commonwealth of Puerto Rico by the product of--
       ``(A) 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; 
     and
       ``(B) 32 percent of the average per pupil expenditure in 
     the United States.
       ``(2) Minimum allocation.--The percentage in paragraph 
     (1)(A) shall not be less than--
       ``(A) for fiscal year 2000, 75.0 percent;
       ``(B) for fiscal year 2001, 77.5 percent;
       ``(C) for fiscal year 2002, 80.0 percent;
       ``(D) for fiscal year 2003, 82.5 percent; and
       ``(E) for fiscal year 2004 and succeeding fiscal years, 
     85.0 percent.

[[Page H10441]]

       ``(3) Special rule.--If the application of paragraph (2) 
     would result in any of the 50 States or the District of 
     Columbia receiving less under this part than it received 
     under this part for the preceding fiscal year, the percentage 
     in paragraph (1) shall be the greater of the percentage in 
     paragraph (1)(A) or the percentage used for the preceding 
     fiscal year.''.

     SEC. 144. STATE PLAN AND STATE AGENCY APPLICATIONS.

       Section 1414 is amended to read as follows:

     ``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 educational 
     needs of neglected and delinquent youth, for assisting in 
     their transition from institutions to locally operated 
     programs, and which is integrated with other programs under 
     this 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 and technical 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 or title I of 
     the Workforce Investment Act of 1998, vocational and 
     technical education programs, State and local dropout 
     prevention programs, and special education programs;
       ``(9) describes how States will encourage correctional 
     facilities receiving funds under this subpart to coordinate 
     with local educational agencies or alternative education 
     programs attended by incarcerated youth prior to their 
     incarceration to ensure that student assessments and 
     appropriate academic records are shared jointly between the 
     correctional facility and the local educational agency or 
     alternative education program;
       ``(10) describes how appropriate professional development 
     will be provided to teachers and other staff;
       ``(11) 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;
       ``(12) describes how the agency will, endeavor to 
     coordinate with businesses for training and mentoring for 
     participating youth;
       ``(13) 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;
       ``(14) 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;
       ``(15) 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;
       ``(16) 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;
       ``(17) 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;
       ``(18) describes any additional services provided to youth, 
     such as career counseling, distance learning, and assistance 
     in securing student loans and grants; and
       ``(19) 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. 145. USE OF FUNDS.

       Section 1415(a) is amended--
       (1) in paragraph (1)(B), by inserting ``and vocational and 
     technical training'' after ``secondary school completion''; 
     and
       (2) in paragraph (2)(B)--
       (A) in clause (i), by inserting ``and'' after the 
     semicolon;
       (B) in clause (ii), by striking ``; and'' and inserting a 
     period; and
       (C) by striking clause (iii).

     SEC. 146. PURPOSE.

       Section 1421 is amended by striking paragraph (3) and 
     inserting the following:
       ``(3) operate programs for youth returning from 
     correctional facilities in local schools which may also serve 
     youth at risk of dropping out of school.''.

     SEC. 147. TRANSITION SERVICES.

       Section 1418(a) is amended by striking ``10 percent'' and 
     inserting ``15 percent''.

     SEC. 148. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.

       Section 1422 is amended--
       (1) in subsection (a), by striking ``retained''.
       (2) by amending subsection (b) to read as follows:
       ``(b) Special Rule.--A local educational agency which 
     includes a correctional facility that operates a school is 
     not required to operate a program of support for children 
     returning from such school to a school not operated by a 
     correctional agency but served by such local educational 
     agency if more than 30 percent of the youth attending the 
     school operated by the correctional facility will reside 
     outside the boundaries of the local educational agency after 
     leaving such facility.''.
       (3) by adding at the end of section 1422 the following:
       ``(d) Transitional and Academic Services.--Transitional and 
     supportive programs operated in local educational agencies 
     under this subpart shall be designed primarily to meet the 
     transitional and academic needs of students returning to 
     local educational agencies or alternative education programs 
     from correctional facilities. Services to students at risk of 
     dropping out of school shall not have a negative impact on 
     meeting the transitional and academic needs of the students 
     returning from correctional facilities.''.

     SEC. 149. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

       Section 1423 is amended by striking paragraphs (4) through 
     (9) and inserting the following:
       ``(4) a description of the program operated by 
     participating schools for children returning from 
     correctional facilities and the types of services that such 
     schools will provide such youth and other at-risk youth;
       ``(5) a description of the youth returning from 
     correctional facilities and, as appropriate, other at-risk 
     youth expected to be served by the program and how the school 
     will coordinate existing educational programs to meet the 
     unique educational needs of such youth;
       ``(6) as appropriate, a description of how schools will 
     coordinate with existing social and other services to meet 
     the needs of students returning from correctional facilities 
     and other participating students;
       ``(7) as appropriate, a description of any partnerships 
     with local businesses to develop training, curriculum-based 
     youth entrepreneurship education and mentoring services for 
     participating students;
       ``(8) as appropriate, a description of how programs will 
     involve parents in efforts to improve the educational 
     achievement of their children, prevent the involvement of 
     their children in delinquent activities, and encourage their 
     children to remain in school and complete their education;
       ``(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 Partnership 
     Act or title I of the Workforce Investment Act of 1998 and 
     vocational and technical education programs serving this at-
     risk population of youth.''.

     SEC. 150. USES OF FUNDS.

       Section 1424 is amended by striking paragraphs (1) through 
     (3) and inserting the following:

[[Page H10442]]

       ``(1) programs that serve youth returning from correctional 
     facilities to local schools to assist in the transition of 
     such youth to the school environment and help them remain in 
     school in order to complete their education;
       ``(2) providing assistance to other youth at risk of 
     dropping out of school;
       ``(3) the coordination of social and other services for 
     participating youth if the provision of such services will 
     improve the likelihood that such youth will complete their 
     education;
       ``(4) special programs to meet the unique academic needs of 
     participating youth, including vocational and technical 
     education, special education, career counseling, curriculum-
     based youth entrepreneurship education, and assistance in 
     securing student loans or grants for postsecondary education; 
     and
       ``(5) programs providing mentoring and peer mediation.''.

     SEC. 151. PROGRAM REQUIREMENTS.

       Section 1425 is amended--
       (1) in paragraph (1), by striking ``where feasible, ensure 
     educational programs'' and inserting the following: ``to the 
     extent practicable, ensure that educational programs'';
       (2) in paragraph (3), by striking ``where feasible,'' and 
     inserting the following: ``to the extent practicable,'';
       (3) in paragraph (8), by striking ``where feasible,'' and 
     inserting the following: ``to the extent practicable,'';
       (4) in paragraph (9), by inserting ``and technical'' after 
     ``vocational''; and
       (5) by amending paragraph (11) to read as follows:
       ``(11) if appropriate, work with local businesses to 
     develop training, curriculum-based youth entrepreneurship 
     education, and mentoring programs for youth.''.

     SEC. 152. ACCOUNTABILITY.

       Section 1426(1) is amended by striking ``male students and 
     for female students'' and inserting ``students''.

     SEC. 153. PROGRAM EVALUATIONS.

       Section 1431(a) is amended by striking ``sex, and if 
     feasible,'' and inserting ``gender,''.

                       PART D--GENERAL PROVISIONS

     SEC. 161. GENERAL PROVISIONS.

       Part F of title I is amended to read as follows:

                      ``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, paraprofessionals, 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 three key issues, including--
       ``(i) accountability;
       ``(ii) implementation of assessments;
       ``(iii) use of paraprofessionals;
       ``(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 regulations that shall be 
     provided to the individuals selected by the Secretary under 
     subparagraph (B) 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 
     1 year after the date of the enactment of the Student Results 
     Act of 1999; 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 
     within 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. AGREEMENTS AND RECORDS.

       ``(a) Agreements.--All published proposed regulations shall 
     conform to agreements that result from negotiated rulemaking 
     described in section 1601 unless the Secretary reopens the 
     negotiated rulemaking process or provides a written 
     explanation to the participants involved in the process 
     explaining why the Secretary decided to depart from and not 
     adhere to such agreements.
       ``(b) Records.--The Secretary shall ensure that an accurate 
     and reliable record of agreements reached during the 
     negotiations process is maintained.

     ``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;
       ``(C) eliminate or modify State and local fiscal accounting 
     requirements in order to facilitate the ability of schools to 
     consolidate funds under schoolwide programs; and
       ``(D) 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 
     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, including the administrators of 
     programs described in other parts of this title;
       ``(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.

     ``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.

     ``SEC. 1605. APPLICABILITY TO HOME SCHOOLS.

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

     ``SEC. 1606. 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. 1607. LOCAL ADMINISTRATIVE COST LIMITATION.

       ``(a) Local Administrative Cost Limitation.--Each local 
     educational agency may use not more than 4 percent of funds 
     received under part A for administrative expenses.
       ``(b) Regulations.--The Secretary, after consulting with 
     State and local officials and other experts in school 
     finance, shall develop and issue regulations that define the 
     term administrative cost for purposes of this title. Such 
     definition shall be consistent with generally accepted 
     accounting principles. The Secretary shall publish final 
     regulations on this section not later than 1 year after the 
     date of enactment of the Student Results Act of 1999.

     ``SEC. 1608. PROHIBITION ON MANDATORY NATIONAL CERTIFICATION 
                   OF TEACHERS AND PARAPROFESSIONALS.

       ``(a) Prohibition on Mandatory Testing or Certification.--
     Notwithstanding any other provision of law, the Secretary is 
     prohibited from using Federal funds to plan, develop, 
     implement, or administer any mandatory national teacher or 
     paraprofessional test or certification.
       ``(b) Prohibition on Withholding Funds.--The Secretary is 
     prohibited from withholding funds from any State or local 
     educational agency if such State or local educational agency 
     fails to adopt a specific method of teacher or 
     paraprofessional certification.

     ``SEC. 1609. GAO STUDIES.

       ``(a) Study on Paraprofessionals.--The General Accounting 
     Office shall conduct a study of paraprofessionals under part 
     A of title I.
       ``(b) Study on Portability.--The General Accounting Office 
     shall conduct a study regarding how funds made available 
     under this title could follow a child from school to school.

[[Page H10443]]

       ``(c) Study on Electronic Transfer of Migrant Student 
     Records.--The General Accounting Office shall conduct a study 
     on the feasibility of electronically transferring and 
     maintaining migrant student records.
       ``(d) Evaluation by General Accounting Office.--Not later 
     than October 1, 2001, the Comptroller General shall conduct a 
     comprehensive analysis and evaluation regarding the impact on 
     this title of individual waivers for schools, local 
     educational agency waivers, and statewide waivers granted 
     pursuant to the Education Flexibility Partnership Act of 1999 
     (20 U.S.C. 589a et seq.). The Comptroller General shall 
     submit a report to the Committee on Education and the 
     Workforce of the House of Representatives. In conducting such 
     analysis and evaluation, the Comptroller General shall 
     consider the following factors:
       ``(1) Consistency.--The extent to which the State's 
     educational flexibility plan is consistent with 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) State waivers.--Evaluate the effect that waivers of 
     State law have on addressing the needs and the performance of 
     students in schools subject to this title.
       ``(3) Allocation of funds.--The extent to which waivers 
     have affected the allocation of funds to schools, including 
     schools with the highest concentrations of poverty, and 
     schools with the highest educational needs, that are eligible 
     to receive funds under this title.

     ``SEC. 1610. DEFINITIONS.

       ``For purposes of this title--
       ``(1) The term `Secretary' means the Secretary of 
     Education.
       ``(2) Fully qualified.--The term `fully qualified'--
       ``(A) when used with respect to a public elementary or 
     secondary school teacher (other than a teacher teaching in a 
     public charter school), means that the teacher has obtained 
     State certification as a teacher (including certification 
     obtained through alternative routes to certification) or 
     passed the State teacher licensing exam and holds a license 
     to teach in such State; and
       ``(B) when used with respect to --
       ``(i) an elementary school teacher, means that the teacher 
     holds a bachelor's degree and demonstrates knowledge and 
     teaching skills in reading, writing, mathematics, science, 
     and other areas of the elementary school curriculum; or
       ``(ii) a middle or secondary school teacher, means that the 
     teacher holds a bachelor's degree and demonstrates a high 
     level of competency in all subject areas in which he or she 
     teaches through--

       ``(I) a high level of performance on a rigorous State or 
     local academic subject areas test; or
       ``(II) completion of an academic major in each of the 
     subject areas in which he or she provides instruction.

       ``(3) The term `scientifically-based research'--
       ``(A) means the application of rigorous, systematic, and 
     objective procedures; and
       ``(B) shall include research that--
       ``(i) employs systematic, empirical methods that draw on 
     observation or experiment;
       ``(ii) involves rigorous data analyses that are adequate to 
     test the stated hypotheses and justify the general 
     conclusions drawn;
       ``(iii) relies on measurements or observational methods 
     that provide valid data across evaluators and observers and 
     across multiple measurements and observations; and
       ``(iv) has been accepted by a peer-reviewed journal or 
     approved by a panel of independent experts through a 
     comparably rigorous, objective, and scientific review.

     ``SEC. 1611. PAPERWORK REDUCTION.

       ``(a) Findings.--The Congress finds that--
       ``(1) instruction and other classroom activities provide 
     the greatest opportunity for students, especially at-risk and 
     disadvantaged students, to attain high standards and achieve 
     academic success;
       ``(2) one of the greatest obstacles to establishing an 
     effective, classroom-centered education system is the cost of 
     paperwork compliance;
       ``(3) paperwork places a burden on teachers and 
     administrators who must complete Federal and State forms to 
     apply for Federal funds and absorbs time and money which 
     otherwise would be spent on students;
       ``(4) the Education at a Crossroads Report released in 1998 
     by the Education Subcommittee on Oversight and Investigations 
     states that requirements by the Department of Education 
     result in more than 48.6 million hours of paperwork per year; 
     and
       ``(5) paperwork distracts from the mission of schools, 
     encumbers teachers and administrators with nonacademic 
     responsibilities, and competes with teaching and classroom 
     activities which promote learning and achievement.
       ``(b) Sense of Congress.--It is the sense of the Congress 
     that Federal and State educational agencies should reduce the 
     paperwork requirements placed on schools, teachers, 
     principals, and other administrators.''.

                  PART E--COMPREHENSIVE SCHOOL REFORM

     SEC. 171. COMPREHENSIVE SCHOOL REFORM.

       Title I is amended by adding at the end the following:

                 ``PART G--COMPREHENSIVE SCHOOL REFORM

     ``SEC. 1701. COMPREHENSIVE SCHOOL REFORM.

       ``(a) Findings and Purpose.--
       ``(1) Findings.--Congress finds the following:
       ``(A) A number of schools across the country have shown 
     impressive gains in student performance through the use of 
     comprehensive models for schoolwide change that incorporate 
     virtually all aspects of school operations.
       ``(B) No single comprehensive school reform model may be 
     suitable for every school, however, schools should be 
     encouraged to examine successful, externally developed 
     comprehensive school reform approaches as they undertake 
     comprehensive school reform.
       ``(C) Comprehensive school reform is an important means by 
     which children are assisted in meeting challenging State 
     student performance standards.
       ``(2) Purpose.--The purpose of this section is to provide 
     financial incentives for schools to develop comprehensive 
     school reforms, based upon scientifically-based research and 
     effective practices that include an emphasis on basic 
     academics and parental involvement so that all children can 
     meet challenging State content and performance standards.
       ``(b) Program Authorized.--
       ``(1) In general.--The Secretary is authorized to provide 
     grants to State educational agencies to provide subgrants to 
     local educational agencies to carry out the purpose described 
     in subsection (a)(2).
       ``(2) Allocation.--
       ``(A) Reservation.--Of the amount appropriated under this 
     section, the Secretary may reserve--
       ``(i) not more than 1 percent for schools supported by the 
     Bureau of Indian Affairs and in the United States Virgin 
     Islands, Guam, American Samoa, and the Commonwealth of the 
     Northern Mariana Islands; and
       ``(ii) not more than 1 percent to conduct national 
     evaluation activities described under subsection (e).
       ``(B) In general.--Of the amount of funds remaining after 
     the reservation under subparagraph (A), the Secretary shall 
     allocate to each State for a fiscal year, an amount that 
     bears the same ratio to the amount appropriated for that 
     fiscal year as the amount made available under section 1124 
     to the State for the preceding fiscal year bears to the total 
     amount allocated under section 1124 to all States for that 
     year.
       ``(C) Reallocation.--If a State does not apply for funds 
     under this section, the Secretary shall reallocate any such 
     funds to other States that the Secretary considers in need of 
     additional funds to carry out the purposes of this section.
       ``(c) State Awards.--
       ``(1) State application.--
       ``(A) In general.--Each State educational agency that 
     desires to receive a grant under this section shall submit an 
     application to the Secretary at such time, in such manner and 
     containing such other information as the Secretary may 
     reasonably require.
       ``(B) Contents.--Each State application shall also 
     describe--
       ``(i) the process and selection criteria by which the State 
     educational agency, using expert review, will select local 
     educational agencies to receive subgrants under this section.
       ``(ii) how the agency will ensure that only comprehensive 
     school reforms that are based on scientifically-based 
     research receive funds under this section;
       ``(iii) how the agency will disseminate materials regarding 
     information on comprehensive school reforms that are based on 
     scientifically-based research;
       ``(iv) how the agency will evaluate the implementation of 
     such reforms and measure the extent to which the reforms 
     resulted in increased student academic performance; and
       ``(v) how the agency will provide, upon request, technical 
     assistance to the local educational agency in evaluating, 
     developing, and implementing comprehensive school reform.
       ``(2) Uses of funds.--
       ``(A) In general.--Except as provided in subparagraph (E), 
     a State educational agency that receives an award under this 
     section shall use such funds to provide competitive grants to 
     local educational agencies receiving funds under part A.
       ``(B) Grant requirements.--A grant to a local educational 
     agency shall be--
       ``(i) of sufficient size and scope to support the initial 
     costs for the particular comprehensive school reform plan 
     selected or designed by each school identified in the 
     application of the local educational agency;
       ``(ii) in an amount not less than $50,000 to each 
     participating school; and
       ``(iii) renewable for 2 additional 1-year periods after the 
     initial 1-year grant is made if schools are making 
     substantial progress in the implementation of their reforms.
       ``(C) Priority.--The State, in awarding grants under this 
     paragraph, shall give priority to local educational agencies 
     that--
       ``(i) plan to use the funds in schools identified as being 
     in need of improvement or corrective action under section 
     1116(c); and
       ``(ii) demonstrate a commitment to assist schools with 
     budget allocation, professional development, and other 
     strategies necessary to ensure the comprehensive school 
     reforms are properly implemented and are sustained in the 
     future.
       ``(D) Grant consideration.--In making subgrant awards under 
     this part, the State educational agency shall take into 
     account the equitable distribution of awards to different 
     geographic regions within the State, including urban and 
     rural areas, and to schools serving elementary and secondary 
     students.
       ``(E) Administrative Costs.--A State educational agency 
     that receives a grant award under this section may reserve 
     not more than 5 percent of such award for administrative, 
     evaluation, and technical assistance expenses.
       ``(F) Supplement.--Funds made available under this section 
     shall be used to supplement, not supplant, any other Federal, 
     State, or local funds that would otherwise be available to 
     carry out this section.

[[Page H10444]]

       ``(3) Reporting.--Each State educational agency that 
     receives an award under this section shall provide to the 
     Secretary such information as the Secretary may require, 
     including the names of local educational agencies and schools 
     selected to receive subgrant awards under this section, the 
     amount of such award, and a description of the comprehensive 
     school reform model selected and in use.
       ``(d) Local Awards.--
       ``(1) In general.--Each local educational agency that 
     applies for a subgrant under this section shall--
       ``(A) identify which schools eligible for funds under part 
     A plan to implement a comprehensive school reform program, 
     including the projected costs of such a program;
       ``(B) describe the scientifically-based comprehensive 
     school reforms that such schools will implement;
       ``(C) describe how the agency will provide technical 
     assistance and support for the effective implementation of 
     the scientifically-based school reforms selected by such 
     schools; and
       ``(D) describe how the agency will evaluate the 
     implementation of such reforms and measure the results 
     achieved in improving student academic performance.
       ``(2) Components of the program.--A local educational 
     agency that receives a subgrant award under this section 
     shall provide such funds to schools that implement a 
     comprehensive school reform program that--
       ``(A) employs innovative strategies and proven methods for 
     student learning, teaching, and school management that are 
     based on scientifically-based research and effective 
     practices and have been replicated successfully in schools 
     with diverse characteristics;
       ``(B) integrates a comprehensive design for effective 
     school functioning, including instruction, assessment, 
     classroom management, professional development, parental 
     involvement, and school management, that aligns the school's 
     curriculum, technology, professional development into a 
     comprehensive reform plan for schoolwide change designed to 
     enable all students to meet challenging State content and 
     challenging student performance standards and addresses needs 
     identified through a school needs assessment;
       ``(C) provides high-quality and continuous teacher and 
     staff professional development;
       ``(D) includes measurable goals for student performance and 
     benchmarks for meeting such goals;
       ``(E) is supported by teachers, principals, administrators, 
     and other professional staff;
       ``(F) provides for the meaningful involvement of parents 
     and the local community in planning and implementing school 
     improvement activities;
       ``(G) uses high quality external technical support and 
     assistance from an entity, which may be an institution of 
     higher education, with experience and expertise in schoolwide 
     reform and improvement;
       ``(H) includes a plan for the evaluation of the 
     implementation of school reforms and the student results 
     achieved; and
       ``(I) identifies how other resources, including Federal, 
     State, local, and private resources, available to the school 
     will be used to coordinate services to support and sustain 
     the school reform effort.
       ``(3) Special rule.--A school that receives funds to 
     develop a comprehensive school reform program shall not be 
     limited to using the approaches identified or developed by 
     the Department of Education, but may develop its own 
     comprehensive school reform programs for schoolwide change 
     that comply with paragraph (2).
       ``(e) Evaluation and Report.--
       ``(1) In general.--The Secretary shall develop a plan for a 
     national evaluation of the programs developed pursuant to 
     this section.
       ``(2) Evaluation.--This national evaluation shall evaluate 
     the implementation and results achieved by schools after 3 
     years of implementing comprehensive school reforms, and 
     assess the effectiveness of comprehensive school reforms in 
     schools with diverse characteristics.
       ``(3) Reports.--Prior to the completion of a national 
     evaluation, the Secretary shall submit an interim report 
     outlining first year implementation activities to the 
     Committees on Education and the Workforce and Appropriations 
     of the House of Representatives and the Committees on Health, 
     Education, Labor, and Pensions and Appropriations of the 
     Senate.
       ``(f) Definition.--The term `scientifically-based 
     research'--
       ``(1) means the application of rigorous, systematic, and 
     objective procedures in the development of comprehensive 
     school reform models; and
       ``(2) shall include research that--
       ``(A) employs systematic, empirical methods that draw on 
     observation or experiment;
       ``(B) involves rigorous data analyses that are adequate to 
     test the stated hypotheses and justify the general 
     conclusions drawn;
       ``(C) relies on measurements or observational methods that 
     provide valid data across evaluators and observers and across 
     multiple measurements and observations; and
       ``(D) has been accepted by a peer-reviewed journal or 
     approved by a panel of independent experts through a 
     comparably rigorous, objective, and scientific review.
       ``(g) Authorization of Appropriations.--There are 
     authorized to carry out this section $175,000,000 for fiscal 
     year 2000 and such sums as may be necessary for each of the 4 
     succeeding fiscal years.

      TITLE II--MAGNET SCHOOLS ASSISTANCE AND PUBLIC SCHOOL CHOICE

     SEC. 201. MAGNET SCHOOLS ASSISTANCE.

       Title V of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7201 et seq.) is amended to read a follows:

     ``TITLE V--MAGNET SCHOOLS ASSISTANCE AND PUBLIC SCHOOL CHOICE

                   ``PART A--MAGNET SCHOOL 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 2,000,000 students nationwide now 
     attending such schools, of which more than 65 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 select 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 voluntarily 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 technologically oriented society and a highly 
     competitive economy;
       ``(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; and
       ``(D) ensure that grant recipients provide adequate data 
     which demonstrates an ability to improve student achievement.

     ``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 that promote diversity and increase 
     choices in public elementary and secondary schools and 
     educational programs; 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 
     and technical 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

[[Page H10445]]

       ``(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 
     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 improve 
     student academic performance for all students attending the 
     magnet schools; 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 fully qualified teachers (as defined in 
     section 1119) in the courses of instruction assisted under 
     this part;
       ``(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.

     ``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; and
       ``(3) propose to select students to attend magnet school 
     projects by methods such as lottery, rather than through 
     academic examination.

     ``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 fully qualified (as defined in section 1119), and 
     instructional staff where applicable, who are necessary for 
     the conduct of programs in magnet schools;
       ``(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; and
       ``(5) for activities, which may include professional 
     development, that will build the recipient's capacity to 
     operate magnet school programs once the grant period has 
     ended.
       ``(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' academic 
     performance based on the State's challenging content 
     standards and challenging student performance standards or 
     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 and technical 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 July 1 of the applicable fiscal year.

     ``SEC. 5111. EVALUATIONS.

       ``(a) Reservation.--The Secretary may reserve not more than 
     two percent of the funds appropriated under section 5112(a) 
     for any fiscal year to carry out evaluations, technical 
     assistance, and dissemination projects with respect to magnet 
     school projects and programs 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. 5112. 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 2000 and such sums as may be necessary for 
     each of fiscal years 2001 through 2004.
       ``(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--PUBLIC SCHOOL CHOICE

     ``SEC. 5201. SHORT TITLE.

       ``This part may be cited as the `Public School Choice Act 
     of 1999'.

     ``SEC. 5202. FINDINGS AND PURPOSE.

       ``(a) Findings.--The Congress finds that--
       ``(1) a wide variety of educational opportunities, options, 
     and choices in the public school system is needed to help all 
     children achieve to high standards;
       ``(2) high-quality public school choice programs that are 
     genuinely open and accessible to all students (including 
     poor, minority, limited English proficient, and disabled 
     students) broaden educational opportunities and promote 
     excellence in education;
       ``(3) current research shows that--
       ``(A) students learn in different ways, benefiting from 
     different teaching methods and instructional settings; and
       ``(B) family involvement in a child's education is a key 
     factor supporting student achievement;
       ``(4) public school systems have begun to develop a variety 
     of innovative programs that offer expanded choices to parents 
     and students; and
       ``(5) the Federal Government should support and expand 
     efforts to give students and parents the high-quality public 
     school choices they seek, to help eliminate barriers to 
     effective public school choice, and to disseminate the 
     lessons learned from high-quality choice programs so that all 
     public schools can benefit from these efforts.
       ``(b) Purpose.--It is the purpose of this part to identify 
     and support innovative approaches to high-quality public 
     school choice by providing financial assistance for the 
     demonstration, development, implementation, and evaluation 
     of, and dissemination of information about, public school 
     choice projects that stimulate educational innovation for all 
     public schools and contribute to standards-based school 
     reform efforts.

     ``SEC. 5203. GRANTS.

       ``(a) In General.--From funds appropriated under section 
     5206(a) and not reserved under section 5206(b), the Secretary 
     is authorized to make grants to State and local educational 
     agencies to support programs that promote innovative 
     approaches to high-quality public school choice.
       ``(b) Duration.--Grants under this part shall not exceed 
     three years.

     ``SEC. 5204. USES OF FUNDS.

       ``(a) In General--
       ``(1) Public school choice.--Funds under this part may be 
     used to demonstrate, develop, implement, evaluate, and 
     disseminate information on innovative approaches to promote 
     public

[[Page H10446]]

     school choice, including the design and development of new 
     public school choice options, the development of new 
     strategies for overcoming barriers to effective public school 
     choice, and the design and development of public school 
     choice systems that promote high standards for all students 
     and the continuous improvement of all public schools.
       ``(2) Innovative approaches.--Such approaches at the 
     school, local educational agency, and State levels may 
     include--
       ``(A) inter-district approaches to public school choice, 
     including approaches that increase equal access to high-
     quality educational programs and diversity in schools;
       ``(B) public elementary and secondary programs that involve 
     partnerships with institutions of higher education and that 
     are located on the campuses of those institutions;
       ``(C) programs that allow students in public secondary 
     schools to enroll in postsecondary courses and to receive 
     both secondary and postsecondary academic credit;
       ``(D) worksite satellite schools, in which State or local 
     educational agencies form partnerships with public or private 
     employers, to create public schools at parents' places of 
     employment; and
       ``(E) approaches to school desegregation that provide 
     students and parents choice through strategies other than 
     magnet schools.
       ``(b) Limitations.--Funds under this part--
       ``(1) shall supplement, and not supplant, non-Federal funds 
     expended for existing programs;
       ``(2) may not be used for transportation; and
       ``(3) may not be used to fund projects that are 
     specifically authorized under part A of title V, or part C of 
     title X.

     ``SEC. 5205. GRANT APPLICATION; PRIORITIES.

       ``(a) Application Required.--A State or local educational 
     agency desiring to receive a grant under this part shall 
     submit an application to the Secretary.
       ``(b) Application Contents.--Each application shall 
     include--
       ``(1) a description of the program for which funds are 
     sought and the goals for such program;
       ``(2) a description of how the program funded under this 
     part will be coordinated with, and will complement and 
     enhance, programs under other related Federal and non-Federal 
     projects;
       ``(3) if the program includes partners, the name of each 
     partner and a description of the partner's responsibilities;
       ``(4) a description of the policies and procedures the 
     applicant will use to ensure--
       ``(A) its accountability for results, including its goals 
     and performance indicators; and
       ``(B) that the program is open and accessible to, and will 
     promote high academic standards for, all students; and
       ``(5) such other information as the Secretary may require.
       ``(c) Priorities.--
       ``(1) High-poverty agencies.--The Secretary shall give a 
     priority to applications for projects that would serve high-
     poverty local educational agencies.
       ``(2) Partnerships.--The Secretary may give a priority to 
     applications demonstrating that the applicant will carry out 
     its project in partnership with one or more public and 
     private agencies, organizations, and institutions, including 
     institutions of higher education and public and private 
     employers.

     ``SEC. 5206. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--For the purpose of carrying out this 
     part, there are authorized to be appropriated $20,000,000 for 
     fiscal year 2000 and such sums as may be necessary for each 
     of the 4 succeeding fiscal years.
       ``(b) Reservation for Evaluation, Technical Assistance, and 
     Dissemination.--From the amount appropriated under subsection 
     (a) for any fiscal year, the Secretary may reserve not more 
     than 5 percent to carry out evaluations under subsection (c), 
     to provide technical assistance, and to disseminate 
     information.
       ``(c) Evaluations.--The Secretary may use funds reserved 
     under subsection (b) to carry out one or more evaluations of 
     programs assisted under this part, which shall, at a minimum, 
     address--
       ``(1) how, and the extent to which, the programs supported 
     with funds under this part promote educational equity and 
     excellence; and
       ``(2) the extent to which public schools of choice 
     supported with funds under this part are--
       ``(A) held accountable to the public;
       ``(B) effective in improving public education; and
       ``(C) open and accessible to all students.

     ``SEC. 5207. DEFINITIONS.

       ``For purposes of this part:
       ``(1) High-poverty local educational agency.--The term 
     `high-poverty local educational agency' means a local 
     educational agency in which--
       ``(A) the percentage of children, ages 5 to 17, from 
     families with incomes below the 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 (42 U.S.C. 9902(2))) applicable to a family 
     of the size involved for the most recent fiscal year for 
     which satisfactory data are available is 20 percent or 
     greater; or
       ``(B) the number of such children exceeds 10,000.
       ``(2) Other terms.--Other terms used in this part shall 
     have the meaning given such terms in section 14101 (20 U.S.C. 
     8801).''.

     SEC. 202. CONTINUATION OF AWARDS.

       Notwithstanding the amendment made by section 201, any 
     local educational agency or consortium of such agencies that 
     was awarded a grant under section 5111 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7211) prior to the 
     date of the enactment of this Act shall continue to receive 
     funds in accordance with the terms of such award until the 
     date on which the award period terminates under such terms.

                TITLE III--TEACHER LIABILITY PROTECTION

     SEC. 301. TEACHER LIABILITY PROTECTION.

       The Elementary and Secondary Education Act of 1965 (20 
     U.S.C 6301 et seq.) is amended by adding at the end the 
     following:

                ``TITLE XV--TEACHER LIABILITY PROTECTION

     ``SEC. 15001. SHORT TITLE.

       ``This title may be cited as the `Teacher Liability 
     Protection Act of 1999'.

     ``SEC. 15002. FINDINGS AND PURPOSE.

       ``(a) Findings.--Congress makes the following findings:
       ``(1) The ability of teachers, principals and other school 
     professionals to teach, inspire and shape the intellect of 
     our Nation's elementary and secondary school students is 
     deterred and hindered by frivolous lawsuits and litigation.
       ``(2) Each year more and more teachers, principals and 
     other school professionals face lawsuits for actions 
     undertaken as part of their duties to provide millions of 
     school children quality educational opportunities.
       ``(3) Too many teachers, principals and other school 
     professionals face increasingly severe and random acts of 
     violence in the classroom and in schools.
       ``(4) Providing teachers, principals and other school 
     professionals a safe and secure environment is an important 
     part of the effort to improve and expand educational 
     opportunities.
       ``(5) Clarifying and limiting the liability of teachers, 
     principals and other school professionals who undertake 
     reasonable actions to maintain order, discipline and an 
     appropriate educational environment is an appropriate subject 
     of Federal legislation because--
       ``(A) the scope of the problems created by the legitimate 
     fears of teachers, principals and other school professionals 
     about frivolous, arbitrary or capricious lawsuits against 
     teachers is of national importance; and
       ``(B) millions of children and their families across the 
     Nation depend on teachers, principals and other school 
     professionals for the intellectual development of children.
       ``(b) Purpose.--The purpose of this title is to provide 
     teachers, principals and other school professionals the tools 
     they need to undertake reasonable actions to maintain order, 
     discipline and an appropriate educational environment.

     ``SEC. 15003. PREEMPTION AND ELECTION OF STATE 
                   NONAPPLICABILITY.

       ``(a) Preemption.--This title preempts the laws of any 
     State to the extent that such laws are inconsistent with this 
     title, except that this title shall not preempt any State law 
     that provides additional protection from liability relating 
     to teachers.
       ``(b) Election of State Regarding Nonapplicability.--This 
     title shall not apply to any civil action in a State court 
     against a teacher in which all parties are citizens of the 
     State if such State enacts a statute in accordance with State 
     requirements for enacting legislation--
       ``(1) citing the authority of this subsection;
       ``(2) declaring the election of such State that this title 
     shall not apply, as of a date certain, to such civil action 
     in the State; and
       ``(3) containing no other provisions.

     ``SEC. 15004. LIMITATION ON LIABILITY FOR TEACHERS.

       ``(a) Liability Protection for Teachers.--Except as 
     provided in subsections (b) and (c), no teacher in a school 
     shall be liable for harm caused by an act or omission of the 
     teacher on behalf of the school if--
       ``(1) the teacher was acting within the scope of the 
     teacher's employment or responsibilities related to providing 
     educational services;
       ``(2) the actions of the teacher were carried out in 
     conformity with local, state, or federal laws, rules or 
     regulations in furtherance of efforts to control, discipline, 
     expel, or suspend a student or maintain order or control in 
     the classroom or school;
       ``(3) if appropriate or required, the teacher was properly 
     licensed, certified, or authorized by the appropriate 
     authorities for the activities or practice in the State in 
     which the harm occurred, where the activities were or 
     practice was undertaken within the scope of the teacher's 
     responsibilities;
       ``(4) the harm was not caused by willful or criminal 
     misconduct, gross negligence, reckless misconduct, or a 
     conscious, flagrant indifference to the rights or safety of 
     the individual harmed by the teacher; and
       ``(5) the harm was not caused by the teacher operating a 
     motor vehicle, vessel, aircraft, or other vehicle for which 
     the State requires the operator or the owner of the vehicle, 
     craft, or vessel to--
       ``(A) possess an operator's license; or
       ``(B) maintain insurance.
       ``(b) Concerning Responsibility of Teachers to Schools and 
     Governmental Entities.--Nothing in this section shall be 
     construed to affect any civil action brought by any school or 
     any governmental entity against any teacher of such school.
       ``(c) Exceptions to Teacher Liability Protection.--If the 
     laws of a State limit teacher liability subject to one or 
     more of the following conditions, such conditions shall not 
     be construed as inconsistent with this section:
       ``(1) A State law that requires a school or governmental 
     entity to adhere to risk management procedures, including 
     mandatory training of teachers.
       ``(2) A State law that makes the school or governmental 
     entity liable for the acts or omissions of its teachers to 
     the same extent as an employer

[[Page H10447]]

     is liable for the acts or omissions of its employees.
       ``(3) A State law that makes a limitation of liability 
     inapplicable if the civil action was brought by an officer of 
     a State or local government pursuant to State or local law.
       ``(d) Limitation on Punitive Damages Based on the Actions 
     of Teachers.--
       ``(1) General rule.--Punitive damages may not be awarded 
     against a teacher in an action brought for harm based on the 
     action of a teacher acting within the scope of the teacher's 
     responsibilities to a school or governmental entity unless 
     the claimant establishes by clear and convincing evidence 
     that the harm was proximately caused by an action of such 
     teacher which constitutes willful or criminal misconduct, or 
     a conscious, flagrant indifference to the rights or safety of 
     the individual harmed.
       ``(2) Construction.--Paragraph (1) does not create a cause 
     of action for punitive damages and does not preempt or 
     supersede any Federal or State law to the extent that such 
     law would further limit the award of punitive damages.
       ``(e) Exceptions to Limitations on Liability.--
       ``(1) In general.--The limitations on the liability of a 
     teacher under this title shall not apply to any misconduct 
     that--
       ``(A) constitutes a crime of violence (as that term is 
     defined in section 16 of title 18, United States Code) or act 
     of international terrorism (as that term is defined in 
     section 2331 of title 18, United States Code) for which the 
     defendant has been convicted in any court;
       ``(B) involves a sexual offense, as defined by applicable 
     State law, for which the defendant has been convicted in any 
     court;
       ``(C) involves misconduct for which the defendant has been 
     found to have violated a Federal or State civil rights law; 
     or
       ``(D) where the defendant was under the influence (as 
     determined pursuant to applicable State law) of intoxicating 
     alcohol or any drug at the time of the misconduct.
       ``(2) Rule of construction.--Nothing in this subsection 
     shall be construed to effect subsection (a)(3) or (d).

     ``SEC. 15005. LIABILITY FOR NONECONOMIC LOSS.

       ``(a) General Rule.--In any civil action against a teacher, 
     based on an action of a teacher acting within the scope of 
     the teacher's responsibilities to a school or governmental 
     entity, the liability of the teacher for noneconomic loss 
     shall be determined in accordance with subsection (b).
       ``(b) Amount of Liability.--
       ``(1) In general.--Each defendant who is a teacher, shall 
     be liable only for the amount of noneconomic loss allocated 
     to that defendant in direct proportion to the percentage of 
     responsibility of that defendant (determined in accordance 
     with paragraph (2)) for the harm to the claimant with respect 
     to which that defendant is liable. The court shall render a 
     separate judgment against each defendant in an amount 
     determined pursuant to the preceding sentence.
       ``(2) Percentage of responsibility.--For purposes of 
     determining the amount of noneconomic loss allocated to a 
     defendant who is a teacher under this section, the trier of 
     fact shall determine the percentage of responsibility of that 
     defendant for the claimant's harm.

     ``SEC. 15006. DEFINITIONS.

       For purposes of this title:
       ``(1) Economic loss.--The term `economic loss' means any 
     pecuniary loss resulting from harm (including the loss of 
     earnings or other benefits related to employment, medical 
     expense loss, replacement services loss, loss due to death, 
     burial costs, and loss of business or employment 
     opportunities) to the extent recovery for such loss is 
     allowed under applicable State law.
       ``(2) Harm.--The term `harm' includes physical, 
     nonphysical, economic, and noneconomic losses.
       ``(3) Noneconomic losses.--The term `noneconomic losses' 
     means losses for physical and emotional pain, suffering, 
     inconvenience, physical impairment, mental anguish, 
     disfigurement, loss of enjoyment of life, loss of society and 
     companionship, loss of consortium (other than loss of 
     domestic service), hedonic damages, injury to reputation and 
     all other nonpecuniary losses of any kind or nature.
       ``(4) School.--The term `school' means a public or private 
     kindergarten, a public or private elementary school or 
     secondary school (as defined in section 14101, or a home 
     school.
       ``(5) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, any other territory or possession 
     of the United States, or any political subdivision of any 
     such State, territory, or possession.
       ``(6) Teacher.--The term `teacher' means a teacher, 
     instructor, principal, administrator, or other educational 
     professional that works in a school, a local school board and 
     any member of such board, and a local educational agency and 
     any employee of such agency.

     ``SEC. 15007. EFFECTIVE DATE.

       ``(a) In General.--This title shall take effect 90 days 
     after the date of enactment of the Student Results Act of 
     1999.
       ``(b) Application.--This title applies to any claim for 
     harm caused by an act or omission of a teacher if that claim 
     is filed on or after the effective date of the Student 
     Results Act of 1999, without regard to whether the harm that 
     is the subject of the claim or the conduct that caused the 
     harm occurred before such effective date.''.

     TITLE IV--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

       Subtitle A--Elementary and Secondary Education Act of 1965

     SEC. 401. AMENDMENTS.

       Part A of title IX of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801 et seq.) is amended to 
     read as follows:

                       ``PART A--INDIAN EDUCATION

     ``SEC. 9101. FINDINGS.

       ``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 unique 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; 9 percent of Indian students who were eighth graders in 
     1988 had 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 unique 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 other students.
       ``(b) Programs.--This part carries out the purpose 
     described in subsection (a) by authorizing programs of direct 
     assistance for--
       ``(1) meeting the unique 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 in meeting 
     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 9117 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; or
       ``(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 not 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, except that any such tribe is not 
     subject to section 9114(c)(4), section 9118(c), or section 
     9119.

     ``SEC. 9113. AMOUNT OF GRANTS.

       ``(a) Amount of Grant Awards.--
       ``(1) In general.--Except as provided in subsection (b) and 
     paragraph (2), the Secretary

[[Page H10448]]

     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 9117 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), 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 
     subpart.
       ``(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 the quality of the programs provided.
       ``(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.--(1) Subject to subsection (e), in addition to the 
     grants awarded under subsection (a), the Secretary shall 
     allocate to the Secretary of the Interior an amount equal to 
     the product of--
       ``(A) the total number of Indian children enrolled in 
     schools that are operated by--
       ``(i) the Bureau of Indian Affairs; or
       ``(ii) an Indian tribe, or an organization controlled or 
     sanctioned by an Indian tribal government, for the children 
     of that tribe under a contract with, or grant from, the 
     Department of the Interior under the Indian Self-
     Determination Act or the Tribally Controlled Schools Act of 
     1988; and
       ``(B) the greater of--
       ``(i) the average per-pupil expenditure of the State in 
     which the school is located; or
       ``(ii) 80 percent of the average per-pupil expenditure in 
     the United States.
       ``(2) Any school described in paragraph (1)(A) that wishes 
     to receive an allocation under this subpart shall submit an 
     application in accordance with section 9114, and shall 
     otherwise be treated as a local educational agency for the 
     purpose of this subpart, except that such school shall not be 
     subject to section 9114(c)(4), section 9118(c), or section 
     9119.
       ``(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 State and local plans under 
     other provisions 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 
     under title I;
       ``(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 comprehensive local assessment and 
     prioritization of the unique educational and culturally 
     related academic needs of the American Indian and Alaska 
     Native students to 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) a majority of whose members are 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 
     Indian 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 program 
     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) career preparation activities to enable Indian 
     students to participate in programs such as the programs 
     supported by the Carl D. Perkins Vocational and Technical 
     Education Act of 1998, including programs for tech-prep, 
     mentoring, and apprenticeship;
       ``(6) activities to educate individuals concerning 
     substance abuse and to prevent substance abuse;
       ``(7) the acquisition of equipment, but only if the 
     acquisition of the equipment is essential to meet the 
     purposes described in section 9111; and
       ``(8) family literacy services.
       ``(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

[[Page H10449]]

     the use of the funds for the schoolwide program; and
       ``(2) the schoolwide program is consistent with the 
     purposes described in section 9111.
       ``(d) Limitation on Administrative Costs.--Not more than 5 
     percent of the funds provided to a grantee under this subpart 
     for any fiscal year may be used for administrative purposes.

     ``SEC. 9116. INTEGRATION OF SERVICES AUTHORIZED.

       ``(a) Plan.--An entity receiving funds under this subpart 
     may submit a plan to the Secretary for the integration of 
     education and related services provided to Indian students.
       ``(b) Coordination of Programs.--Upon the receipt of an 
     acceptable plan, the Secretary, in cooperation with each 
     Federal agency providing grants for the provision of 
     education and related services to the applicant, shall 
     authorize the applicant to coordinate, in accordance with 
     such plan, its federally funded education and related 
     services programs, or portions thereof, serving Indian 
     students in a manner that integrates the program services 
     involved into a single, coordinated, comprehensive program 
     and reduces administrative costs by consolidating 
     administrative functions.
       ``(c) Programs Affected.--The funds that may be 
     consolidated in a demonstration project under any such plan 
     referred to in subsection (b) shall include any Federal 
     program, or portion thereof, under which the applicant is 
     eligible for receipt of funds under a statutory or 
     administrative formula for the purposes of providing 
     education and related services which would be used to serve 
     Indian students.
       ``(d) Plan Requirements.--For a plan to be acceptable 
     pursuant to subsection (b), it shall--
       ``(1) identify the programs or funding sources to be 
     consolidated;
       ``(2) be consistent with the purposes of this section 
     authorizing the services to be integrated in a demonstration 
     project;
       ``(3) describe a comprehensive strategy which identifies 
     the full range of potential educational opportunities and 
     related services to be provided to assist Indian students to 
     achieve the goals set forth in this subpart;
       ``(4) describe the way in which services are to be 
     integrated and delivered and the results expected from the 
     plan;
       ``(5) identify the projected expenditures under the plan in 
     a single budget;
       ``(6) identify the local, State, or tribal agency or 
     agencies to be involved in the delivery of the services 
     integrated under the plan;
       ``(7) identify any statutory provisions, regulations, 
     policies, or procedures that the applicant believes need to 
     be waived in order to implement its plan;
       ``(8) set forth measures of student achievement and 
     performance goals designed to be met within a specified 
     period of time; and
       ``(9) be approved by a parent committee formed in 
     accordance with section 9114(c)(4), if such a committee 
     exists.
       ``(e) Plan Review.--Upon receipt of the plan from an 
     eligible entity, the Secretary shall consult with the 
     Secretary of each Federal department providing funds to be 
     used to implement the plan, and with the entity submitting 
     the plan. The parties so consulting shall identify any 
     waivers of statutory requirements or of Federal departmental 
     regulations, policies, or procedures necessary to enable the 
     applicant to implement its plan. Notwithstanding any other 
     provision of law, the Secretary of the affected department or 
     departments shall have the authority to waive any regulation, 
     policy, or procedure promulgated by that department that has 
     been so identified by the applicant or department, unless the 
     Secretary of the affected department determines that such a 
     waiver is inconsistent with the intent of this subpart or 
     those provisions of the statute from which the program 
     involved derives its authority which are specifically 
     applicable to Indian students.
       ``(f) Plan Approval.--Within 90 days after the receipt of 
     an applicant's plan by the Secretary, the Secretary shall 
     inform the applicant, in writing, of the Secretary's approval 
     or disapproval of the plan. If the plan is disapproved, the 
     applicant shall be informed, in writing, of the reasons for 
     the disapproval and shall be given an opportunity to amend 
     its plan or to petition the Secretary to reconsider such 
     disapproval.
       ``(g) Responsibilities of Department of Education.--Not 
     later than 180 days after the date of enactment of the 
     Student Results Act of 1999, the Secretary of Education, the 
     Secretary of the Interior, and the head of any other Federal 
     department or agency identified by the Secretary of 
     Education, shall enter into an interdepartmental memorandum 
     of agreement providing for the implementation of the 
     demonstration projects authorized under this section. The 
     lead agency head for a demonstration program under this 
     section shall be--
       ``(1) the Secretary of the Interior, in the case of 
     applicant meeting the definition of contract or grant school 
     under title XI of the Education Amendments of 1978; or
       ``(2) the Secretary of Education, in the case of any other 
     applicant.
       ``(h) Responsibilities of Lead Agency.--The 
     responsibilities of the lead agency shall include--
       ``(1) the use of a single report format related to the plan 
     for the individual project which shall be used by an eligible 
     entity to report on the activities undertaken under the 
     project;
       ``(2) the use of a single report format related to the 
     projected expenditures for the individual project which shall 
     be used by an eligible entity to report on all project 
     expenditures;
       ``(3) the development of a single system of Federal 
     oversight for the project, which shall be implemented by the 
     lead agency; and
       ``(4) the provision of technical assistance to an eligible 
     entity appropriate to the project, except that an eligible 
     entity shall have the authority to accept or reject the plan 
     for providing such technical assistance and the technical 
     assistance provider.
       ``(i) Report Requirements.--A single report format shall be 
     developed by the Secretary, consistent with the requirements 
     of this section. Such report format, together with records 
     maintained on the consolidated program at the local level, 
     shall contain such information as will allow a determination 
     that the eligible entity has complied with the requirements 
     incorporated in its approved plan, including the 
     demonstration of student achievement, and will provide 
     assurances to each Secretary that the eligible entity has 
     complied with all directly applicable statutory requirements 
     and with those directly applicable regulatory requirements 
     which have not been waived.
       ``(j) No Reduction in Amounts.--In no case shall the amount 
     of Federal funds available to an eligible entity involved in 
     any demonstration project be reduced as a result of the 
     enactment of this section.
       ``(k) Interagency Fund Transfers Authorized.--The Secretary 
     is authorized to take such action as may be necessary to 
     provide for an interagency transfer of funds otherwise 
     available to an eligible entity in order to further the 
     purposes of this section.
       ``(l) Administration of Funds.--
       ``(1) In general.--Program funds shall be administered in 
     such a manner as to allow for a determination that funds from 
     specific a program or programs are spent on allowable 
     activities authorized under such program, except that the 
     eligible entity shall determine the proportion of the funds 
     granted which shall be allocated to such program.
       ``(2) Separate records not required.--Nothing in this 
     section shall be construed as requiring the eligible entity 
     to maintain separate records tracing any services or 
     activities conducted under its approved plan to the 
     individual programs under which funds were authorized, nor 
     shall the eligible entity be required to allocate 
     expenditures among such individual programs.
       ``(m) Overage.--All administrative costs may be commingled 
     and participating entities shall be entitled to the full 
     amount of such costs (under each program or department's 
     regulations), and no overage shall be counted for Federal 
     audit purposes, provided that the overage is used for the 
     purposes provided for under this section.
       ``(n) Fiscal Accountability.--Nothing in this part shall be 
     construed so as to interfere with the ability of the 
     Secretary or the lead agency to fulfill the responsibilities 
     for the safeguarding of Federal funds pursuant to the Single 
     Audit Act of 1984.
       ``(o) Report on Statutory Obstacles to Program 
     Integration.--
       ``(1) Preliminary report.--Not later than 2 years after the 
     date of the enactment of the Student Results Act of 1999, the 
     Secretary of Education shall submit a preliminary report to 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate and the Committee on Education and the Workforce 
     of the House of Representatives on the status of the 
     implementation of the demonstration program authorized under 
     this section.
       ``(2) Final report.--Not later than 5 years after the date 
     of the enactment of the Student Results Act of 1999, the 
     Secretary of Education shall submit a report to the Committee 
     on Health, Education, Labor, and Pensions of the Senate and 
     the Committee on Education and the Workforce of the House of 
     Representatives on the results of the implementation of the 
     demonstration program authorized under this section. Such 
     report shall identify statutory barriers to the ability of 
     participants to integrate more effectively their education 
     and related services to Indian students in a manner 
     consistent with the purposes of this section.
       ``(p) Definitions.--For the purposes of this section, the 
     term `Secretary' means--
       ``(1) the Secretary of the Interior, in the case of 
     applicant meeting the definition of contract or grant school 
     under title XI of the Education Amendments of 1978; or
       ``(2) the Secretary of Education, in the case of any other 
     applicant.

     ``SEC. 9117. 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 
     described in section 9161(3)) 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 the tribe 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;

[[Page H10450]]

       ``(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 
     described in section 9161(3)) 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 the 
     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 
     part; 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 (a) shall 
     not be counted for the purpose of computing the amount of a 
     grant under section 9113.
       ``(g) Tribal Grant and Contract Schools.--Notwithstanding 
     any other provision of this section, in awarding funds under 
     this subpart to a tribal school that receives a grant or 
     contract from the Bureau of Indian Affairs, the Secretary 
     shall use only one of the following, as selected by the 
     school:
       ``(1) A count of the number of students in those schools 
     certified by the Bureau.
       ``(2) A count of the number of students for whom the school 
     has eligibility forms that comply with this section.
       ``(h) Timing of Child Counts.--For purposes of determining 
     the number of children to be counted in calculating the 
     amount of a local educational agency's grant under this 
     subpart (other than in the case described in subsection 
     (g)(1)), the local educational agency shall--
       ``(1) establish a date on, or a period not longer than 31 
     consecutive days during which, the agency counts those 
     children, so long as that date or period occurs before the 
     deadline established by the Secretary for submitting an 
     application under section 9114; and
       ``(2) determine that each such child was enrolled, and 
     receiving a free public education, in a school of the agency 
     on that date or during that period, as the case may be.

     ``SEC. 9118. 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 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, 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 to maintain effort.--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 1 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. 9119. STATE EDUCATIONAL AGENCY REVIEW.

       ``Before submitting an application to the Secretary under 
     section 9114, a local educational agency shall submit the 
     application to the State educational agency, which may 
     comment on such application. If the State educational agency 
     comments on the application, it shall comment on all 
     applications submitted by local educational agencies in the 
     State and shall provide those comments to the respective 
     local educational agencies, with an opportunity to respond.

   ``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 
     institution 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 disadvantaged 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 unique 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;

[[Page H10451]]

       ``(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 career preparation programs designed to 
     provide Indian youth with the knowledge and skills such youth 
     need to make an effective transition from school to 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;
       ``(K) family literacy services; or
       ``(L) other services that meet the purpose described in 
     subsection (a)(1).
       ``(2) Professional development.--Professional development 
     of teaching professionals and paraprofessional 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 
     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 section 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), other than an application for a 
     dissemination grant under paragraph (1)(D), 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;
       ``(iii) information demonstrating that the proposed program 
     is either a research-based program (which may be a research-
     based program that has been modified to be culturally 
     appropriate for the students who will be served);
       ``(iv) a description of how the applicant will incorporate 
     the proposed services into the ongoing school program once 
     the grant period is over; and
       ``(v) such other assurances and information as the 
     Secretary may reasonably require.
       ``(e) Administrative Costs.--Not more than 5 percent of the 
     funds provided to a grantee under this subpart for any fiscal 
     year may be used for administrative purposes.

     ``SEC. 9122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND 
                   EDUCATION PROFESSIONALS.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to increase the number of qualified Indian 
     individuals in teaching or other education 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 institution 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 teaching, the training received pursuant to 
     a grant under this section shall be in a program that results 
     in a graduate degree.
       ``(e) Application.--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.
       ``(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 period 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).

               ``Subpart 3--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 Programs and the Office of Educational Research and 
     Improvement.

                  ``Subpart 4--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 or 3.

     ``SEC. 9153. PREFERENCE FOR INDIAN APPLICANTS.

       ``In making grants under subpart 2 or 3, the Secretary 
     shall give a preference to Indian

[[Page H10452]]

     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 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 5--Definitions; Authorizations of Appropriations

     ``SEC. 9161. DEFINITIONS.

       ``For the purposes of 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) 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.
       ``(3) 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 
     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 
     $62,000,000 for fiscal year 2000, and such sums as may be 
     necessary for each of fiscal years 2001 through 2004.
       ``(b) Subparts 2 and 3.--For the purpose of carrying out 
     subparts 2 and 3 of this part, there are authorized to be 
     appropriated $4,000,000 for fiscal year 2000, and such sums 
     as may be necessary for each of the fiscal years 2001 through 
     2004.''.

                   PART B--NATIVE HAWAIIAN EDUCATION

     SEC. 402. NATIVE HAWAIIAN EDUCATION.

       Part B of title IX of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7901 et seq.) is repealed.

                    PART C--ALASKA NATIVE EDUCATION

     SEC. 403. ALASKA NATIVE EDUCATION.

       Part C of title IX of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7931 et seq.) is amended--
       (1) by repealing sections 9304 through 9306 and inserting 
     the following:

     ``SEC. 9304. PROGRAM AUTHORIZED.

       ``(a) General Authority.--
       ``(1) Program authorized.--The Secretary is authorized to 
     make grants to, or enter into contracts with, Alaska Native 
     organizations, educational entities with experience in 
     developing or operating Alaska Native programs or programs of 
     instruction conducted in Alaska Native languages, and 
     consortia of such organizations and entities to carry out 
     programs that meet the purpose of this part.
       ``(2) Permissible activities.--Programs under this part may 
     include--
       ``(A) the development and implementation of plans, methods, 
     and strategies to improve the education of Alaska Natives;
       ``(B) the development of curricula and educational programs 
     that address the educational needs of Alaska Native students, 
     including--
       ``(i) curriculum materials that reflect the cultural 
     diversity or the contributions of Alaska Natives;
       ``(ii) instructional programs that make use of Native 
     Alaskan languages; and
       ``(iii) networks that introduce successful programs, 
     materials, and techniques to urban and rural schools;
       ``(C) professional development activities for educators, 
     including--
       ``(i) programs to prepare teachers to address the cultural 
     diversity and unique needs of Alaska Native students;
       ``(ii) in-service programs to improve the ability of 
     teachers to meet the unique needs of Alaska Native students; 
     and
       ``(iii) recruiting and preparing teachers who are Alaska 
     Natives, reside in communities with high concentrations of 
     Alaska Native students, or are likely to succeed as teachers 
     in isolated, rural communities and engage in cross-cultural 
     instruction;
       ``(D) the development and operation of home instruction 
     programs for Alaska Native preschool children, the purpose of 
     which is to ensure the active involvement of parents in their 
     children's education from the earliest ages;
       ``(E) family Literacy Services;
       ``(F) the development and operation of student enrichment 
     programs in science and mathematics that--
       ``(i) are designed to prepare Alaska Native students from 
     rural areas, who are preparing to enter high school, to excel 
     in science and math; and
       ``(ii) provide appropriate support services to the families 
     of such students that are needed to enable such students to 
     benefit from the program;
       ``(G) research and data collection activities to determine 
     the educational status and needs of Alaska Native children 
     and adults;
       ``(H) other research and evaluation activities related to 
     programs under this part; and
       ``(I) other activities, consistent with the purposes of 
     this part, to meet the educational needs of Alaska Native 
     children and adults.
       ``(3) Home instruction programs.--Home instruction programs 
     for Alaska Native preschool children under paragraph (2)(D) 
     may include--
       ``(A) programs for parents and their infants, from prenatal 
     through age three;
       ``(B) preschool programs; and
       ``(C) training, education, and support for parents in such 
     areas as reading readiness, observation, story-telling, and 
     critical thinking.--
       ``(b) Limitation on Administrative Costs.--Not more than 5 
     percent of funds provided to a grantee under this section for 
     any fiscal year may be used for administrative purposes.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated $10,000,000 for fiscal year 
     2000, and such sums as may be necessary for each of the 
     fiscal years 2001 through 2004 to carry out this part.'';
       (2) in section 9307--
       (A) by amending subsection (b) to read as follows:
       ``(b) Applications.--State and local educational agencies 
     may apply for an award under this part only as part of a 
     consortium involving an Alaska Native organization. This 
     consortium may include other eligible applicants.'';
       (B) by amending subsection (d) to read as follows:
       ``(d) Local Educational Agency Coordination.--Each 
     applicant for an award under this part shall inform each 
     local educational agency serving students who would 
     participate in the project about its application.''; and
       (C) by striking subsection (e); and
       (3) by redesignating sections 9307 and 9308 as sections 
     9305 and 9306, respectively.

       Subtitle B--Amendments to the Education Amendments of 1978

     SEC. 410. AMENDMENTS TO THE EDUCATIONS AMENDMENTS OF 1978.

       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. 1120. FINDING AND POLICY.

       ``(a) Finding.--Congress finds and recognizes that the 
     Federal Government has the sole responsibility for the 
     operation and financial support of the Bureau of Indian 
     Affairs funded school system that it has established on or 
     near Indian reservations and Indian trust lands throughout 
     the Nation for Indian children.
       ``(b) Policy.--It is the policy of the United States to 
     work in full cooperation with Indian tribes toward the goal 
     of assuring that the programs of the Bureau of Indian Affairs 
     funded school system are of the highest quality and meet the 
     unique educational and cultural needs of Indian children.

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

       ``(a) Purpose; Declarations of Purposes.--
       ``(1) Purpose.--The purpose of the standards implemented 
     under this section shall be to afford Indian students being 
     served by a school funded by the Bureau of Indian Affairs the 
     same opportunities as all other students in the United States 
     to achieve the same challenging State performance standards 
     expected of all students.
       ``(2) Declarations of purposes.--Local school boards for 
     schools operated by the Bureau of Indian Affairs, in 
     cooperation and consultation with their tribal governing 
     bodies and their communities, are encouraged to adopt 
     declarations of purposes of education for their communities 
     taking into account the implications of such purposes on 
     education in their communities and for their schools. In 
     adopting such declarations of purpose, the school boards 
     shall consider the effect those declarations may have on the 
     motivation of students and faculties. Such declarations shall 
     represent the aspirations of the community for the kinds of 
     people the community would like its children to become, and 
     shall include assurances that all learners will become 
     accomplished in things and ways important to them 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. These declarations of 
     purpose shall influence the standards for accreditation to be 
     accepted by the schools.
       ``(b) Studies and Surveys Relating to Standards.--Not later 
     than 1 year after the date of the enactment of the Student 
     Results Act of 1999, the Secretary, in consultation with the 
     Secretary of Education, consortia of education organizations, 
     and Indian organizations and tribes, and making the fullest 
     use possible of other existing studies, surveys, and plans, 
     shall carry out by contract with an Indian organization, 
     studies and surveys 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.

[[Page H10453]]

       ``(c) Revision of Minimum Academic Standards.--
       ``(1) In general.--Not later than 1 year after the date of 
     the enactment of the Student Results Act of 1999, the 
     Secretary shall--
       ``(A) propose revisions to the minimum academic standards 
     published in the Federal Register on September 9, 1995 (50 
     Fed. Reg. 174) for the basic education of Indian children 
     attending Bureau funded schools in accordance with the 
     purpose described in subsection (a) and the findings of the 
     studies and surveys conducted under subsection (b);
       ``(B) publish such proposed revisions to such standards in 
     the Federal Register for the purpose of receiving comments 
     from the tribes, tribal school boards, Bureau funded schools, 
     and other interested parties; and
       ``(C) consistent with the provisions of this section and 
     section 1131, take such actions as are necessary to 
     coordinate standards implemented under this section with the 
     Comprehensive School Reform Plan developed by the Bureau 
     and--
       ``(i) with the standards of the improvement plans for the 
     States in which any school operated by the Bureau of Indian 
     Affairs is located; or
       ``(ii) in the case where schools operated by the Bureau are 
     within the boundaries of reservation land of 1 tribe but 
     within the boundaries of more than 1 State, with the 
     standards of the State improvement plan of 1 such State 
     selected by the tribe.
       ``(2) Further revisions.--Not later that 6 months after the 
     close of the comment period, the Secretary shall establish 
     final standards, distribute such standards to all tribes and 
     publish such final standards in the Federal Register. The 
     Secretary shall revise such 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.
       ``(3) Applicability of standards.--Except as provided in 
     subsection (e), the final standards published under paragraph 
     (2) shall apply to all Bureau funded schools not accredited 
     under subsection (f), and may also serve as a model for 
     educational programs for Indian children in public schools.
       ``(4) Considerations when establishing and revising 
     standards.--In establishing and revising such standards, the 
     Secretary shall take into account the unique needs of Indian 
     students and support and reinforcement of the specific 
     cultural heritage of each tribe.
       ``(d) Alternative or Modified Standards.--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 are in 
     compliance with the minimum accreditation standards required 
     for schools in the State or region where the school is 
     located.
       ``(e) Waiver of Standards; Alternative Standards.--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) if such standards are deemed by such 
     body to be inappropriate. The tribal governing body or 
     designated school board shall, not later than 60 days after a 
     waiver under this subsection, submit to the Secretary a 
     proposal for alternative standards that take into account the 
     specific needs of the tribe's children. Such alternative 
     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 not subject to review.
       ``(f) Accreditation and Implementation of Standards.--
       ``(1) Deadline for meeting standards.--Not later the second 
     academic year after publication of the standards, to the 
     extent necessary funding is provided, all Bureau funded 
     schools shall meet the standards established under 
     subsections (c) and (d) or shall be accredited--
       ``(A) by a tribal accrediting body, if the accreditation 
     standards of the tribal accrediting body have been accepted 
     by formal action of the tribal governing body and are equal 
     to or exceed the accreditation standards of the State or 
     region in which the school is located;
       ``(B) by a regional accreditation agency; or
       ``(C) by State accreditation standards for the State in 
     which it is located.
       ``(2) Determination of standards to be applied.--The 
     accreditation type or standards applied for each school shall 
     be determined by the school board of the school, in 
     consultation with the Administrator of the school, provided 
     that in the case where the School Board and the Administrator 
     fail to agree on the type of accreditation and standards to 
     apply, the decision of the school board with the approval of 
     the tribal governing body shall be final.
       ``(3) Assistance to school boards.--The Secretary, through 
     contracts and grants, shall assist school boards of contract 
     or grant schools in 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.
       ``(4) Fiscal control and fund accounting standards.--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 and grant schools. Such standards shall 
     provide data comparable to those used by Bureau operated 
     schools.
       ``(g) Annual Plan for Meeting of Standards.--Except as 
     provided in subsections (e) and (f), the Secretary shall 
     begin to implement the standards established under this 
     section immediately upon the date of their establishment. On 
     an annual basis, the Secretary shall submit to the 
     appropriate committees of Congress, all Bureau funded 
     schools, and the tribal governing bodies of such schools 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 timelines 
     for bringing each school up to the level required by such 
     standards.
       ``(h) Closure or Consolidation of Schools.--
       ``(1) In general.--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.
       ``(2) Exceptions.--This subsection shall not apply--
       ``(A) 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; or
       ``(B) when a temporary closure, consolidation, or 
     substantial curtailment is required by plant conditions which 
     constitute an immediate hazard to health and safety.
       ``(3) Regulations.--The Secretary shall, by regulation, 
     promulgate standards and procedures for the closure, transfer 
     to another authority, consolidation, or substantial 
     curtailment of Bureau schools, in accordance with the 
     requirements of this subsection.
       ``(4) Notice.--Whenever closure, transfer to another 
     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 immediately, 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 another authority, 
     consolidate, or substantially curtail a school, the affected 
     tribe, tribal governing body, and designated 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 appropriate committees of Congress and 
     published in the Federal Register.
       ``(5) Report.--The Secretary shall make a report to the 
     appropriate committees of Congress, the affected tribe, and 
     the designated school board describing the process of the 
     active consideration or review referred to in paragraph (4). 
     The report shall include a study of the impact of such action 
     on the student population, identify those students with 
     particular educational and social needs, and 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 representatives and the 
     tribe or tribes involved, and the Director of the Office of 
     Indian Education Programs within the Bureau regarding such 
     students.
       ``(6) Limitation on certain actions.--No irrevocable action 
     may be taken in furtherance of any such proposed school 
     closure, transfer to another authority, consolidation or 
     substantial curtailment (including any action which would 
     prejudice the personnel or programs of such school) prior to 
     the end of the first full academic year after such report is 
     made.
       ``(7) Tribal governing body approval required for certain 
     actions.--The Secretary may terminate, contract, transfer to 
     any other authority, consolidate, or substantially curtail 
     the operation or facilities of--
       ``(A) any Bureau funded school that is operated on or after 
     of January 1, 1999;
       ``(B) any program of such a school that is operated on or 
     after January 1, 1999; 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) Application for Contracts or Grants for Non-Bureau 
     Funded Schools or Expansion of Bureau Funded Schools.--
       ``(1) In general.--(A)(i) The Secretary shall only consider 
     the factors described in subparagraph (B) 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) With respect to applications described in this 
     subparagraph, the Secretary shall give consideration to all 
     the factors described in subparagraph (B), but no such 
     application shall be denied based primarily upon the 
     geographic proximity of comparable public education.
       ``(B) With respect to applications described in 
     subparagraph (A) the Secretary shall consider the following 
     factors relating to the program and services that are the 
     subject of the application:
       ``(i) The adequacy of the facilities or the potential to 
     obtain or provide adequate facilities.
       ``(ii) Geographic and demographic factors in the affected 
     areas.
       ``(iii) The adequacy of the applicant's program plans or, 
     in the case of a Bureau funded

[[Page H10454]]

     school, of projected needs analysis done either by the tribe 
     or the Bureau.
       ``(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.
       ``(vi) Adequacy and comparability of programs already 
     available.
       ``(vii) Consistency of available programs with tribal 
     educational codes or tribal legislation on education.
       ``(viii) The history and success of these services for the 
     proposed population to be served, as determined from all 
     factors, including but not limited to standardized 
     examination performance.
       ``(2) Determination on application.--(A) The Secretary 
     shall make a determination of whether to approve any 
     application described in paragraph (1)(A) not later than 180 
     days after such application is submitted to the Secretary.
       ``(B) If the Secretary fails to make the determination with 
     respect to an application by the date described in 
     subparagraph (A), the application shall be treated a having 
     been approved by the Secretary.
       ``(3) Requirements for applications.--(A) Notwithstanding 
     paragraph (2)(B), an application described in paragraph 
     (1)(A) may be approved by 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) shall 
     provide information concerning each of the factors described 
     in paragraph (1)(B).
       ``(4) Denial of applications.--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 not 
     later 180 days after 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) Effective date of a subject application.--(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 at 
     the beginning of the academic year following 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 under 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.
       ``(6) Statutory construction.--Nothing in this section 
     shall be read so as to preclude the expansion of grades and 
     related facilities at a Bureau funded school where such 
     expansion and the maintenance of such expansion is occasioned 
     or paid for with non-Bureau funds.
       ``(j) General Use of Funds.--Funds received by Bureau 
     funded schools from the Bureau of Indian Affairs and under 
     any program from the Department of Education or any other 
     Federal agency for the purpose of providing education or 
     related services may be used for schoolwide projects to 
     improve the educational program for all Indian students.
       ``(k) Study on Adequacy of Funds and Formulas.--The 
     Comptroller General shall conduct a study, in consultation 
     with Indian tribes and local school boards, to determine the 
     adequacy of funding, and formulas used by the Bureau to 
     determine funding, for programs operated by Bureau funded 
     schools, taking into account unique circumstances applicable 
     to Bureau funded schools, as well as expenditures for 
     comparable purposes in public schools nationally. Upon 
     completion of the study, the Secretary of the Interior shall 
     take such action as necessary to ensure distribution of the 
     findings of the study to all affected Indian tribes, local 
     school boards, and associations of local school boards.

     ``SEC. 1122. NATIONAL CRITERIA FOR HOME LIVING SITUATIONS.

       ``(a) In General.--The Secretary, in consultation with the 
     Secretary of Education, Indian organizations and tribes, and 
     Bureau funded schools, shall revise the national standards 
     for home-living (dormitory) situations to include such 
     factors as heating, lighting, cooling, adult-child ratios, 
     needs for counselors (including special needs related to off-
     reservation home-living (dormitory) situations), therapeutic 
     programs, space, and privacy. Such standards shall be 
     implemented in Bureau operated schools, and shall serve as 
     minimum standards for contract or grant schools. Once 
     established, any revisions of such standards shall be 
     developed according to the requirements established under 
     section 1138A.
       ``(b) Implementation.--The Secretary shall implement the 
     revised standards established under this section immediately 
     upon their completion.
       ``(c) Plan.--At the time of each annual budget submission 
     for Bureau educational services is presented, the Secretary 
     shall submit to the appropriate committees of Congress, the 
     tribes, and the affected schools, and publish in the Federal 
     Register, a detailed plan to bring all Bureau funded schools 
     that provide home-living (dormitory) situations up to the 
     standards established under this section. Such plan shall 
     include a statement of the relative needs of each Bureau 
     funded home-living (dormitory) school, projected future needs 
     of each Bureau funded home-living (dormitory) school, 
     detailed information on the status of each school in relation 
     to the standards established under this section, specific 
     cost estimates for meeting each standard for each such 
     school, aggregate cost estimates for bringing all such 
     schools into compliance with the criteria established under 
     this section, and specific timelines for bringing each school 
     into compliance with such standards.
       ``(d) Waiver.--The criteria established under this section 
     may be waived in the same manner as the standards provided 
     under section 1121(c) may be waived.
       ``(e) Closure for Failure To Meet Standards Prohibited.--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.

     ``SEC. 1123. REGULATIONS.

       ``(a) Part 32 of Title 25 of Code of Federal Regulations.--
     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. Such 
     provisions may be altered only by means of an Act of 
     Congress. To the extent that such provisions of part 32 do 
     not conform with this Act or any statutory provision of law 
     enacted before November 1, 1978, the provisions of this Act 
     and the provisions of such other statutory law shall govern.
       ``(b) Regulation Defined.--For purposes of this part, 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) Establishment by Secretary.--The Secretary shall 
     establish, by regulation, separate geographical attendance 
     areas for each Bureau funded school.
       ``(b) Establishment by Tribal Body.----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) Boundary Revisions.--
       ``(1) In general.--On or after July 1, 1999, no 
     geographical attendance area shall be revised 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 afforded--
       ``(A) at least 6 months notice of the intention of the 
     Bureau to revise or establish such attendance area; and
       ``(B) 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. The 
     Secretary shall cause such revisions to be published in the 
     Federal Register.
       ``(2) Tribal resolution determination.--Nothing in this 
     section shall be interpreted as denying a tribal governing 
     body the authority, on a continuing basis, to adopt a tribal 
     resolution allowing parents the choice of the Bureau funded 
     school their children may attend, regardless of the 
     attendance boundaries established under this section.
       ``(d) Funding Restrictions.--The Secretary shall not deny 
     funding to a Bureau funded school for any eligible Indian 
     student attending the school solely because that student's 
     home or domicile is outside of the geographical attendance 
     area established for that school under this section. No 
     funding shall be made available without tribal authorization 
     to enable a school to provide transportation for any student 
     to or from the school and a location outside the approved 
     attendance area of the school.
       ``(e) Reservation as Boundary.--In any case where there is 
     only 1 Bureau funded program located on an Indian 
     reservation, the attendance area for the program shall be the 
     boundaries (established by treaty, agreement, legislation, 
     court decisions, or executive decisions and as accepted by 
     the tribe) of the reservation served, and those students 
     residing near the reservation shall also receive services 
     from such program.
       ``(f) Off-Reservation Home-Living (Dormitory) Schools.--
     Notwithstanding any geographical attendance areas, attendance 
     at off-reservation home-living (dormitory) schools shall 
     include students requiring special emphasis programs to be 
     implemented at each off-reservation home-living (dormitory) 
     school. Such attendance shall be coordinated between 
     education line officers, the family, and the referring and 
     receiving programs.

     ``SEC. 1125. FACILITIES CONSTRUCTION.

       ``(a) Compliance With Health and Safety Standards.--The 
     Secretary shall immediately begin to bring all schools, 
     dormitories, and other Indian education-related facilities 
     operated by the Bureau or under contract or grant with the 
     Bureau into compliance with all applicable tribal, Federal, 
     or State health and safety standards, whichever provides 
     greater protection (except that the tribal standards to be 
     applied shall

[[Page H10455]]

     be no greater than any otherwise applicable Federal or State 
     standards), with section 504 of the Rehabilitation Act of 
     1973, and with the Americans with Disabilities Act of 1990. 
     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 Student Results Act of 1999.
       ``(b) Compliance Plan.--At the time 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 facilities covered 
     under subsection (a) of this section into compliance with the 
     standards referred to in subsection (a). 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 timelines 
     for bringing each school into compliance with such standards.
       ``(c) Construction Priorities.--
       ``(1) System to establish priorities.--On an annual basis 
     the Secretary shall submit to the appropriate committees of 
     Congress and cause to be published in the Federal Register, 
     the system used to establish priorities for replacement and 
     construction projects for Bureau funded schools and home-
     living schools, including boarding schools and dormitories. 
     At the time any budget request for education is presented, 
     the Secretary shall publish in the Federal Register and 
     submit with the budget request the current list of all Bureau 
     funded school construction priorities.
       ``(2) Long-term construction and replacement list.--In 
     addition to the plan submitted under subsection (b), the 
     Secretary shall--
       ``(A) not later than 18 months after the date of enactment 
     of the Student Results Act of 1999, establish a long-term 
     construction and replacement list for all Bureau funded 
     schools;
       ``(B) using the list prepared under subparagraph (A), 
     propose a list for the orderly replacement of all Bureau 
     funded education-related facilities over a period of 40 years 
     to enable planning and scheduling of budget requests;
       ``(C) cause the list prepared under subsection (B) to be 
     published in the Federal Register and allow a period of not 
     less than 120 days for public comment;
       ``(D) make such revisions to the list prepared under 
     subparagraph (B) as are appropriate based on the comments 
     received; and
       ``(E) cause the final list to be published in the Federal 
     Register.
       ``(3) Effect on other list.--Nothing in this section shall 
     be construed as interfering with or changing in any way the 
     construction priority list as it exists on the date of the 
     enactment of the Student Results Act of 1999.
       ``(d) Hazardous Condition at Bureau School.--
       ``(1) Closure or consolidation.--A Bureau funded school may 
     be closed or consolidated, and the programs of a Bureau 
     funded 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 
     funded school.
       ``(2) Inspection.--(A) After making a determination 
     described in paragraph (1), the Bureau health and safety 
     officer shall conduct an inspection of the condition of such 
     plant accompanied by an appropriate tribal, county, 
     municipal, or State health and safety officer in order 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. No further negative action may be taken unless the 
     findings are concurred in by the second, non-Bureau of Indian 
     Affairs inspector.
       ``(B) If the health and safety officer conducting the 
     inspection of a plant required under subparagraph (A) 
     determines that conditions at the plant do not constitute an 
     immediate hazard to health and safety, any consolidation or 
     curtailment that was made under paragraph (1) shall 
     immediately cease and any school closed by reason of 
     conditions at the plant shall be reopened immediately.
       ``(C) If a Bureau funded school is temporarily closed or 
     consolidated or the programs of a Bureau funded school are 
     substantially curtailed under this subsection and the 
     Secretary determines that the closure, consolidation, or 
     curtailment will exceed 1 year, the Secretary shall submit to 
     the Congress, by not later than 6 months after the date on 
     which the closure, consolidation, or curtailment was 
     initiated, a report which sets forth the reasons for such 
     temporary actions, the actions the Secretary is taking to 
     eliminate the conditions that constitute the hazard, and an 
     estimated date by which such actions will be concluded.
       ``(e) Funding Requirement.--
       ``(1) Distribution of funds.--Beginning with the fiscal 
     year following the year of the date of the enactment of the 
     Student Results Act of 1999, all funds appropriated for the 
     operations and maintenance of Bureau funded schools shall be 
     distributed by formula to the schools. No funds from this 
     account may be retained or segregated by the Bureau to pay 
     for administrative or other costs of any facilities branch or 
     office, at any level of the Bureau.
       ``(2) Requirements for certain uses.--No funds shall be 
     withheld from the distribution to the budget of any school 
     operated under contract or grant by the Bureau for 
     maintenance or any other facilities or road related purpose, 
     unless such school has consented, as a modification to the 
     contract or in writing for grants schools, to the withholding 
     of such funds, including the amount thereof, the purpose for 
     which the funds will be used, and the timeline for the 
     services to be provided. The school may, at the end of any 
     fiscal year, cancel an agreement under this paragraph upon 
     giving the Bureau 30 days notice of its intent to do so.
       ``(f) No Reduction in Federal Funding.--Nothing in this 
     section shall be construed to diminish any Federal funding 
     due to the receipt by the school of funding for facilities 
     improvement or construction from a State or any other source.

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

       ``(a) Formulation and Establishment of Policy and 
     Procedure; Supervision of Programs and Expenditures.--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 Programs.
       ``(b) Direction and Supervision of Personnel Operations.--
     Not later than 6 months after the date of the enactment of 
     the Student Results Act of 1999, the Director of the Office 
     of Indian Education Programs shall direct and supervise the 
     operations of all personnel directly and substantially 
     involved in the provision of education services by the 
     Bureau, including school or institution custodial or 
     maintenance personnel, facilities management, contracting, 
     procurement, and finance personnel. The Assistant Secretary 
     for Indian Affairs shall coordinate the transfer of functions 
     relating to procurement, contracts, operation, and 
     maintenance to schools and other support functions to the 
     Director.
       ``(c) Evaluation of Programs; Services and Support 
     Functions; Technical and Coordinating Assistance.--Education 
     personnel who are under the direction and supervision of the 
     Director of the Office of Indian Education Programs 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, 
     curriculum, and operation and maintenance of school 
     facilities.
       ``(d) Construction, Improvement, Operation, and Maintenance 
     of Facilities.--
       ``(1) Plan for construction.--The Assistant Secretary shall 
     submit in the annual budget a plan--
       ``(A) for school facilities to be constructed under section 
     1125(c);
       ``(B) for establishing priorities among projects and for 
     the improvement and repair of educational facilities, which 
     together shall form the basis for the distribution of 
     appropriated funds; and
       ``(C) for capital improvements to be made over the 5 
     succeeding years.
       ``(2) Program for operation and maintenance.--
       ``(A) In general.--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 
     educational facility;
       ``(ii) similar treatment of all Bureau funded schools;
       ``(iii) a notice of an allocation of appropriated funds 
     from the Director of the Office of Indian Education Programs 
     directly to the education line officers and appropriate 
     school officials;
       ``(iv) a method for determining the need for, and priority 
     of, facilities repair and maintenance projects, both major 
     and minor. In making such determination, the Assistant 
     Secretary shall cause to be conducted a series of meetings at 
     the agency and area level with representatives of the Bureau 
     funded schools in those areas and agencies to receive comment 
     on the lists and prioritization of such projects; and
       ``(v) 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. 
     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 chapter 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.
       ``(3) Implementation.--The requirements of this subsection 
     shall be implemented as soon as practicable after the date of 
     the enactment of the Student Results Act of 1999.
       ``(e) Acceptance of Gifts and Bequests.--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 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 manner in which such gift 
     or bequest shall be used, and any results achieved by such 
     action.
       ``(f) Functions Clarified.--For the purpose of this 
     section, the term `functions' includes powers and duties.

     ``SEC. 1127. ALLOTMENT FORMULA.

       ``(a) Factors Considered; Revision To Reflect Standards.--

[[Page H10456]]

       ``(1) Formula.--The Secretary shall establish, by 
     regulation adopted in accordance with section 1138A, 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 
     total student population 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 home-living (dormitory) arrangements, 
     where determined necessary by a tribal governing body or 
     designated school board;
       ``(vii) costs associated with greater lengths of service by 
     education personnel;
       ``(viii) the costs of therapeutic programs for students 
     requiring such programs; and
       ``(ix) special costs 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) Revision of formula.--Upon the establishment of the 
     standards required in sections 1121 and 1122, the Secretary 
     shall revise the formula established under this subsection to 
     reflect the cost of funding such standards. Not later than 
     January 1, 2001, the Secretary shall review the formula 
     established under this section and shall take such steps as 
     are necessary to increase the availability of counseling and 
     therapeutic programs for students in off-reservation home-
     living (dormitory) schools and other Bureau operated 
     residential facilities. Concurrent with such action, the 
     Secretary shall review the standards established under 
     section 1122 to be certain that adequate provision is made 
     for parental notification regarding, and consent for, such 
     counseling and therapeutic programs.
       ``(b) Pro Rata Allotment.--Notwithstanding any other 
     provision 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) Annual Adjustment; Reservation of Amount for School 
     Board Activities.--
       ``(1) Annual adjustment.--For fiscal year 2001, 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;
       ``(C) take into account the provision of residential 
     services on less than a 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;
       ``(D) use a weighted unit of 2.0 for each eligible Indian 
     student that--
       ``(i) is gifted and talented; and
       ``(ii) is enrolled in the school on a full-time basis,
     in considering the number of eligible Indian students served 
     by the school; and
       ``(E) use a weighted unit of 0.25 for each eligible Indian 
     student who is enrolled in a yearlong 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.

     The adjustment required under subparagraph (E) 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 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.
       ``(2) Reservation of amount.--
       ``(A) In general.--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) $8,000; or
       ``(ii) the lesser of--

       ``(I) $15,000; or
       ``(II) 1 percent of such allotted funds,

     for school board activities for such school, including 
     (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.
       ``(B) Training.--Each school board shall see that each new 
     member of the school board receives, within 12 months of the 
     individual's assuming a position on the school board, 40 
     hours of training relevant to that individual's service on 
     the board. Such training may include legal issues pertaining 
     to schools funded by the Bureau, legal issues pertaining to 
     school boards, ethics, and other topics deemed appropriate by 
     the school board.
       ``(d) Reservation of Amount for Emergencies.--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 of Indian 
     Education Programs, 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, including 
     emergency repairs of educational facilities, at a schoolsite 
     (as defined by 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.--Supplemental 
     appropriations enacted to meet increased pay costs 
     attributable to school level personnel shall be distributed 
     under this section.
       ``(f) Eligible Indian Student Defined.--For the purpose of 
     this section, the term `eligible Indian student' means a 
     student who--
       ``(1) is a member of or is at least \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 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 home-
     living (dormitory) school.
       ``(g) Tuition.--
       ``(1) In general.--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 for attendance at 
     such a school.
       ``(2) Attendance of non-indian students at bureau 
     schools.--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 or accreditation;
       ``(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, and shall be in addition to the 
     school's allocation under this section.
       ``(3) Attendance of non-indian students at contract and 
     grant schools.--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 
     shall be in addition to funding received under this section.
       ``(h) Funds Available Without Fiscal Year Limitation.--
     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.
       ``(i) Students at Richfield Dormitory, Richfield, Utah.--
     Tuition for out-of-State Indian students in home-living 
     (dormitory) arrangements 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 amounts 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) Grants; Effect Upon Appropriated Amounts.--
       ``(1) Grants.--Subject to the availability of appropriated 
     funds, the Secretary shall 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, provided that no school 
     operated as a stand-alone institution shall receive less than 
     $200,000.00 per year for these purposes, 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) Effect upon appropriated amounts.--Amounts 
     appropriated to fund the grants provided under this section 
     shall be in addition to, and shall not reduce, the amounts 
     appropriated

[[Page H10457]]

     for the program being administered by the contract or grant 
     school.
       ``(b) Determination of Grant Amount.--
       ``(1) In general.--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) Direct cost base funds.--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) Administrative Cost Percentage Rate.--
       ``(1) In general.--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) Rounding.--The administrative cost percentage rate 
     shall be determined to the \1/100\ of a decimal point.
       ``(d) Combining Funds.--
       ``(1) In general.--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.
       ``(2) Indirect cost funds.--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 paragraph (1).
       ``(e) Availability of Funds.--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.
       ``(f) Treatment of Funds.--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.
       ``(g) Treatment of Entity Operating Other Programs.--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--
       ``(1) 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
       ``(2) 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 that are associated with operating the 
     contract or grant school, and of the indirect costs, that are 
     associated with all of such other programs, provided 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.
       ``(h) Definitions.--For purposes of this section:
       ``(1) Administrative cost.--(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) Bureau elementary and secondary functions.--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) Direct cost base.--(A) Except as otherwise provided 
     in 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) Maximum base rate.--The term `maximum base rate' 
     means 50 percent.
       ``(5) Minimum base rate.--The term `minimum base rate' 
     means 11 percent.
       ``(6) Standard direct cost base.--The term `standard direct 
     cost base' means $600,000.
       ``(7) Tribal elementary or secondary educational 
     programs.--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.
       ``(i) Studies for Determination of Factors Affecting Costs; 
     Base Rates Limits; Standard Direct Cost Base; Report to 
     Congress.--
       ``(1) Studies.--Not later than 120 days after the date of 
     enactment of the Student Results Act of 1999, the Director of 
     the Office of Indian Education Programs shall--
       ``(A) conduct such studies as may be needed to establish an 
     empirical basis for determining relevant factors 
     substantially affecting required administrative costs of 
     tribal elementary and secondary education 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) Guidelines.--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

[[Page H10458]]

     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) Consultation with inspector general.--In carrying out 
     the studies required under this subsection, the Director 
     shall obtain the input of, and afford an opportunity to 
     participate to, the Inspector General of the Department of 
     the Interior.
       ``(4) Consideration of delivery of administrative 
     services.--Determinations described in paragraph (2)(C) shall 
     be based on what is practicable at each location studied, 
     given prudent management practice, irrespective of whether 
     required administrative services were actually or fully 
     delivered at these sites, or whether other services were 
     delivered instead, during the period of the study.
       ``(5) Report.--Upon completion of the studies conducted 
     under paragraph (1), the Director shall submit to Congress a 
     report on the findings of the studies, together with 
     determinations based upon such studies that would affect the 
     definitions set forth under subsection (e) that are used in 
     the formula set forth in subsection (c).
       ``(6) Projection of costs.--The Secretary shall include in 
     the Bureau's justification for each appropriations request 
     beginning in the first fiscal year after the completion of 
     the studies conducted under paragraph (1), a projection of 
     the overall costs associated with the formula set forth in 
     subsection (c) for all tribal elementary or secondary 
     education programs which the Secretary expects to be funded 
     in the fiscal year for which the appropriations are sought.
       ``(7) Determination of program size.--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.
       ``(j) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     such sums as necessary to carry out this section.
       ``(2) Reductions.--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 grants determined under 
     subsection (b) bears to the total of all grants determined 
     under subsection (b) section for all tribes and tribal 
     organizations for such fiscal year.
       ``(k) Applicability to Schools Operating Under Tribally 
     Controlled Schools Act of 1988.--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) Establishment.--Not later than 12 months after the 
     date of the enactment of the Student Results Act of 1999, the 
     Secretary shall establish within the Office of Indian 
     Education Programs a Division of Budget Analysis (hereinafter 
     referred to as the `Division'). Such Division shall be under 
     the direct supervision and control of the Director of the 
     Office.
       ``(b) Functions.--In consultation with the tribal governing 
     bodies and tribal school boards, the Director of the Office, 
     through the Division, shall conduct studies, surveys, or 
     other activities to gather demographic information on Bureau 
     funded schools and project the amount necessary to provide 
     Indian students in such schools the educational program set 
     forth in this part.
       ``(c) Annual Reports.--Not later than the date that the 
     Assistant Secretary for Indian Affairs makes the annual 
     budget submission, for each fiscal year after the date of the 
     enactment of the Student Results Act of 1999, the Director of 
     the Office shall submit to the appropriate committees of 
     Congress (including the Appropriations committees), all 
     Bureau funded schools, and the tribal governing bodies of 
     such schools, a report which shall contain--
       ``(1) projections, based upon the information gathered 
     pursuant to subparagraph (b) and any other relevant 
     information, of amounts necessary to provide Indian students 
     in Bureau funded schools the educational program set forth in 
     this part;
       ``(2) a description of the methods and formulas used to 
     calculate the amounts projected pursuant to paragraph (1); 
     and
       ``(3) such other information as the Director of the Office 
     considers appropriate.
       ``(d) Use of Reports.--The Director of the Office and the 
     Assistant Secretary for Indian Affairs shall use the annual 
     report required by subsection (c) when preparing their annual 
     budget submissions.

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

       ``(a) Establishment of System and Forward Funding.--
       ``(1) In general.--The Secretary shall establish, by 
     regulation adopted in accordance with section 1138, a system 
     for the direct funding and support of all Bureau funded 
     schools. Such system shall allot funds in accordance with 
     section 1127. All amounts appropriated for distribution under 
     this section may be made available under paragraph (2).
       ``(2) Timing for use of funds.--(A) For the purposes of 
     affording adequate notice of funding available pursuant to 
     the allotments made under section 1127, amounts appropriated 
     in an appropriations 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, not later than 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 the actual student attendance.
       ``(3) Limitation.--(A) Notwithstanding any other provision 
     of law or regulation, the supervisor of a Bureau funded 
     school may expend an aggregate of not more than $50,000 of 
     the amount allotted the school under section 1127 to acquire 
     materials, supplies, equipment, services, operation, and 
     maintenance for the school without competitive bidding if--
       ``(i) the cost for any single item purchased does not 
     exceed $15,000;
       ``(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 price paid, 
     the quantities acquired, and any other information the 
     supervisor or school board considers relevant.
       ``(B) Not later than 6 months after the date of enactment 
     of the Student Results Act of 1999, the Secretary shall cause 
     to be sent to each supervisor of a Bureau operated program 
     and school board chairperson, the education line officer or 
     officers of each agency and area, and the Bureau Division in 
     charge of procurement, at both the local and national levels, 
     notice of this paragraph.
       ``(C) 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) Effect of sequestration order.--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) to fund allotments under section 1127, 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; 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) Local Financial Plans for Expenditure of Funds.--
       ``(1) Plan required.--(A) In the case of all Bureau 
     operated schools, allotted funds shall be expended on the 
     basis of local financial plans which ensure meeting the 
     accreditation requirements or standards for the school 
     established pursuant to section 1121 and which shall be 
     prepared by the local school supervisor in active 
     consultation with the local school board for each school. 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.
       ``(B) The supervisor--
       ``(i) shall put into effect the decisions of the school 
     board;
       ``(ii) shall provide the appropriate local 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; and
       ``(iii) 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

[[Page H10459]]

     cause, overturn the action of the local school board. The 
     appropriate 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 action.
       ``(c) Use of Self-Determination Grants Funds.--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 development of 
     tribal codes of education from funds appropriated pursuant to 
     section 104(a) of such Act.
       ``(d) Technical Assistance and Training.--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) Summer Program of Academic and Support Services.--
       ``(1) In general.--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 for Indian Affairs 
     shall provide for the utilization of any such school facility 
     during any summer in which such utilization is requested.
       ``(2) Use of other funds.--Notwithstanding any other 
     provision of law, funds authorized under the Act of April 16, 
     1934, 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) Technical assistance and program coordination.--The 
     Assistant Secretary for 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) Cooperative Agreements.--
       ``(1) In general.--From funds allotted to a Bureau school 
     under section 1127, the Secretary shall, if specifically 
     requested by the tribal governing body (as defined in section 
     1141), 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) Equal benefit and burden.--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) Product or Result of Student Projects.--
     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) Not Considered Federal Funds for Matching 
     Requirements.--Notwithstanding any other provision of law, 
     funds received by a Bureau funded school under this title 
     shall not be considered Federal funds for the purposes of 
     meeting a matching funds requirement for any Federal program.

     ``SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION.

       ``(a) Facilitation of Indian Control.--It shall be the 
     policy of the Secretary and the Bureau, in carrying out the 
     functions of the Bureau, to facilitate tribal control of 
     Indian affairs in all matters relating to education.
       ``(b) Consultation With Tribes.--
       ``(1) In general.--All actions under this Act shall be done 
     with active consultation with tribes.
       ``(2) Requirements.--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 alternatives, with the views and 
     concerns of the interested parties given effect unless the 
     Secretary determines, from information available from 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. INDIAN EDUCATION PERSONNEL.

       ``(a) In General.--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, hours of work, and removal of civil service 
     employees, shall not apply to educators or to education 
     positions (as defined in subsection (p)).
       ``(b) Regulations.--Not later than 60 days after the date 
     of enactment of the Student Results Act of 1999, the 
     Secretary shall prescribe regulations to carry out this 
     section. Such regulations shall include--
       ``(1) the establishment of education positions;
       ``(2) the establishment of qualifications for educators and 
     education personnel;
       ``(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 leave system for educators;
       ``(10) the annual leave and sick leave for educators and
       ``(11) such matters as may be appropriate.
       ``(c) Qualifications of Educators.--
       ``(1) Requirements.--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 (e)(2), a 
     determination by a school board that such a person be hired 
     shall be instituted 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 subparagraph (A)(ii) or that such 
     individual has applied at the national level for an education 
     position.
       ``(2) Exception for certain temporary employment.--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) Hiring of Educators.--
       ``(1) Requirements.--In prescribing regulations to govern 
     the appointment of educators, the Secretary shall require--
       ``(A)(i) that educators employed in a Bureau operated 
     school (other than the supervisor of the school) shall be 
     hired by the supervisor of the school. In cases where there 
     are no qualified applicants available, such supervisor may 
     consult the national 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;
       ``(iii) educators employed in an agency office of the 
     Bureau shall be hired by the superintendent for education of 
     the agency office; and
       ``(iv) each education line officer and educators employed 
     in the Office of the Director of Indian Education Programs 
     shall be hired by the Director;
       ``(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. A determination by such school 
     board that such individual should or should not be so 
     employed shall be instituted by the supervisor (or with 
     respect to the position of supervisor, by the agency 
     superintendent for education);
       ``(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 a 
     determination by such school board that such individual 
     should or should not be employed shall be instituted by the 
     agency superintendent for education; and
       ``(D) that before an individual may be employed in an 
     education position in the Office of the Director (other than 
     the position of Director), the national school boards 
     representing all Bureau schools shall be consulted.
       ``(2) Information regarding application at national 
     level.--Any individual who applies at the local level for an 
     education position shall

[[Page H10460]]

     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 be immediately 
     forwarded to the Secretary, who shall, as soon as practicable 
     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. Notwithstanding subsection 
     (e), 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 has 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.
       ``(3) Statutory construction.--Except as expressly 
     provided, nothing in this section shall be construed as 
     conferring upon local school boards authority over, or 
     control of, educators at Bureau funded schools or the 
     authority to issue management decisions.
       ``(e) Discharge and Conditions of Employment of 
     Educators.--
       ``(1) Regulations.--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) that educators employed in Bureau schools be notified 
     30 days prior to the end of the school year whether their 
     employment contract will be renewed for the following year.
       ``(2) Procedures for discharge.--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) Recommendations of school boards for discharge.--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) Applicability of Indian Preference Laws.--
       ``(1) In general.--Notwithstanding any provision of the 
     Indian preference laws, such laws shall not apply in the case 
     of any personnel action under this section respecting an 
     applicant or employee not entitled to Indian preference if 
     each tribal organization concerned grants a written waiver of 
     the application of such laws with respect to such personnel 
     action and states that such waiver is necessary. This 
     paragraph shall not relieve 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) Tribal organization defined.--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); or
       ``(B) in connection with any personnel action referred to 
     in this subsection, any local school board as defined in 
     section 1141 which has been delegated by such governing body 
     the authority to grant a waiver under this subsection with 
     respect to personnel action.
       ``(3) Indian preference law defined.--The term `Indian 
     preference laws' means section 12 of the Act of June 18, 1934 
     or any other provision of law granting a preference to 
     Indians in promotions and other personnel actions. Such term 
     shall not include section 7(b) of the Indian Self-
     Determination and Education Assistance Act.
       ``(g) Compensation or Annual Salary.--
       ``(1) In general.--(A) Except as otherwise provided in this 
     section, the Secretary shall fix the basic compensation for 
     educators and education positions at 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, and for the comparable positions, the rates 
     of compensation in effect for the senior executive service.
       ``(B) The Secretary shall establish the rate 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 the Student Results 
     Act of 1999 and thereafter) to comparable positions in the 
     overseas schools under the Defense Department Overseas 
     Teachers Pay Act. The Secretary shall allow the local school 
     boards authority to implement only the aspects of the Defense 
     Department Overseas Teacher pay provisions that are 
     considered essential for recruitment and retention. 
     Implementation of such provisions shall not be construed to 
     require the implementation of the Act in its entirety.
       ``(C)(i) Beginning with the fiscal year following the date 
     of enactment of the Student Results Act of 1999, each school 
     board may set the rate of compensation or annual salary rate 
     for teachers and counselors (including academic counselors) 
     who are new hires at the school and who have not worked at 
     the school on the date of implementation of this provision, 
     at rates consistent with the rates paid for individuals in 
     the same positions, with the same tenure and training, in any 
     other school within whose boundaries the Bureau school lies. 
     In instances where the adoption of such rates cause a 
     reduction in the payment of compensation from that which was 
     in effect for the fiscal year following the date of enactment 
     of the Student Results Act of 1999, the new rate may be 
     applied to the compensation of employees of the school who 
     worked at the school on of the date of enactment of that Act 
     by applying those rates to each contract renewal such that 
     the reduction takes effect in three equal installments. Where 
     adoption of such rates lead to an increase in the payment of 
     compensation from that which was in effect for the fiscal 
     year following the date of enactment of the Student Results 
     Act of 1999, the school board may make such rates applicable 
     at the next contract renewal such that either--
       ``(I) the increase occurs in its entirety; or
       ``(II) the increase is applied in 3 equal installments.
       ``(ii) The establishment of rates of basic compensation and 
     annual salary rates under subparagraphs (B) and (C) shall not 
     preclude the use of regulations and procedures used by the 
     Bureau prior to April 28, 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.
       ``(D) The establishment of rates of basic compensation and 
     annual salary rates 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 an election under subsection 
     (p) is in effect on January 1, 1990.
       ``(2) Post-differential rates.--(A) The Secretary may pay a 
     post-differential rate 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) A request under clause (i) shall be deemed granted 
     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 
     under this subparagraph at the beginning of a school year 
     if--
       ``(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 year and listing the positions contracted under 
     those grants of authority.
       ``(h) Liquidation of Remaining Leave Upon Termination.--
     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) of this section 
     shall not be so liquidated.
       ``(i) Transfer of Remaining Sick Leave Upon Transfer, 
     Promotion, or Reemployment.--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.

[[Page H10461]]

       ``(j) Ineligibility for Employment of Voluntarily 
     Terminated Educators.--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.
       ``(k) Dual Compensation.--In the case of any educator 
     employed in an education position described in subsection 
     (l)(1)(A) who--
       ``(1) is employed at the close of a school year,
       ``(2) agrees in writing to serve in such 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 receipt of 
     additional compensation.
       ``(l) 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.
       ``(m) Proration of Pay.--
       ``(1) Election of employee.--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.
       ``(2) Change of election.--During the course of such year 
     the employee may change election once.
       ``(3) Lump sum payment.--That portion of the employee's pay 
     which would be paid between academic school years may be paid 
     in a lump sum at the election of the employee.
       ``(4) Definitions.----For purposes of this subsection, the 
     terms `educator' and `education position' have the meanings 
     contained in paragraphs (1) and (2) of subsection (o). This 
     subsection applies to those individuals employed under the 
     provisions of section 1132 of this title or title 5, United 
     States Code.
       ``(n) Extracurricular Activities.--
       ``(1) Stipend.--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.
       ``(2) Election not to receive stipend.--If an employee 
     elects not to be compensated through the stipend established 
     by this subsection, the appropriate provisions of title 5, 
     United States Code, shall apply.
       ``(3) Applicability of subsection.--This subsection applies 
     to all Bureau employees, whether employed under section 1132 
     of this title or title 5, United States Code.
       ``(o) Definitions.--For the purpose of this section--
       ``(1) Education position.--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) Educator.--The term `educator' means an individual 
     whose services are required, or who is employed, in an 
     education position.
       ``(p) Covered Individuals; Election.--This section shall 
     apply with respect to any educator hired after November 1, 
     1979 (and to any educator who elected for coverage under that 
     provision after November 1, 1979) and to the position in 
     which such individual is employed. The enactment of this 
     section shall not affect the continued employment of an 
     individual employed on October 31, 1979 in an education 
     position, or such person's right to receive the compensation 
     attached to such position.

     ``SEC. 1133. COMPUTERIZED MANAGEMENT INFORMATION SYSTEM.

       ``(a) Establishment of System.--Not later than July 1, 
     2001, the Secretary shall establish within the Office, a 
     computerized management information system, which shall 
     provide processing and information to the Office. The 
     information provided shall include information regarding--
       ``(1) student enrollment;
       ``(2) curriculum;
       ``(3) staffing;
       ``(4) facilities;
       ``(5) community demographics;
       ``(6) student assessment information;
       ``(7) information on the administrative and program costs 
     attributable to each Bureau program, divided into discreet 
     elements;
       ``(8) relevant reports;
       ``(9) personnel records;
       ``(10) finance and payroll; and
       ``(11) such other items as the Secretary deems appropriate.
       ``(b) Implementation of System.--Not later than July 1, 
     2002, the Secretary shall complete implementation of such a 
     system at each field office and Bureau funded school.

     ``SEC. 1134. 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. 1135. 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. 1136. BIENNIAL REPORT; AUDITS.

       ``(a) Biennial Reports.--The Secretary shall submit to each 
     appropriate committee of Congress, all Bureau funded schools, 
     and the tribal governing bodies of such schools, a detailed 
     biennial report on the state of education within the Bureau 
     and any problems encountered in Indian education during the 
     2-year period covered by the report. Such report shall 
     contain suggestions for the improvement of the Bureau 
     educational system and for increasing tribal or 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 include--
       ``(1) information on the funds provided to previously 
     private schools under section 208 of the Indian Self-
     Determination and Education Assistance Act, and 
     recommendations with respect to the future use of such funds;
       ``(2) the needs and costs of operations and maintenance of 
     tribally controlled community colleges eligible for 
     assistance under the Tribally Controlled Community College 
     Assistance Act of 1978 and recommendations with respect to 
     meeting such needs and costs; and
       ``(3) the plans required by sections 1121 (g), 1122(c), and 
     1125(b).
       ``(b) Financial and Compliance Audits.--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 operated school at least once in 
     every 3 years. Audits of Bureau schools shall be based upon 
     the extent to which such school has complied with its local 
     financial plan under section 1130.

     ``SEC. 1137. RIGHTS OF INDIAN STUDENTS.

       ``The Secretary shall prescribe such rules and regulations 
     as are necessary to ensure the constitutional and civil 
     rights of Indian students attending Bureau funded 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. 1138. REGULATIONS.

       ``(a) In General.--The Secretary is authorized to issue 
     only such regulations as are necessary to ensure compliance 
     with the specific provision of this Act. The Secretary shall 
     publish proposed regulations in the Federal Register, shall 
     provide a period of not less than 90 days for public comment 
     thereon, and shall place in parentheses after each regulatory 
     section the citation to any statutory provision providing 
     authority to promulgate such regulatory provision.
       ``(b) Miscellaneous.--
       ``(1) Construction.--The provisions of this Act shall 
     supersede any conflicting provisions of law (including any 
     conflicting regulations) in effect on the day before the date 
     of enactment of this Act and the Secretary is authorized to 
     repeal any regulation inconsistent with the provisions of 
     this Act.
       ``(2) General applicability of certain rules; legal 
     authority to be stated.--Regulations required to be adopted 
     under sections 2006 through 2018 and any revisions of the 
     standards developed under section 2001 or 2002 shall be 
     deemed rules of general applicability prescribed for the 
     administrations of an applicable program for the purposes of 
     section 437 of the Elementary and Secondary Education 
     Amendments of 1967 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 
     provision is based.

     ``SEC. 1138A. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING.

       ``(a) Meetings.--

[[Page H10462]]

       ``(1) In general.--The Secretary shall obtain tribal 
     involvement in the development of proposed regulations under 
     this part and the Tribally Controlled Schools Act of 1988. 
     The Secretary shall obtain the advice of and recommendations 
     from representatives of Indian tribes with Bureau-funded 
     schools on their reservations, Indian tribes whose children 
     attend Bureau funded off-reservation boarding schools, school 
     boards, administrators or employees of Bureau-funded schools, 
     and parents and teachers of students enrolled in Bureau-
     funded schools.
       ``(2) Issues.--The Secretary shall provide for a 
     comprehensive discussion and exchange of information 
     concerning the implementation of this part and the Tribally 
     Controlled Schools Act of 1988 through such mechanisms as 
     regional meetings and electronic exchanges of information. 
     The Secretary shall take into account the information 
     received through such mechanisms in the development of 
     proposed regulations and shall publish a summary of such 
     information in the Federal Register together with such 
     proposed regulations.
       ``(b) Draft Regulations.--
       ``(1) In general.--After obtaining the advice and 
     recommendations described in subsection (a)(1) and before 
     publishing proposed regulations in the Federal Register, the 
     Secretary shall prepare draft regulations implementing this 
     part and the Tribally Controlled Schools Act of 1988 and 
     shall submit such regulations to a negotiated rulemaking 
     process. Participants in the negotiations process shall be 
     chosen by the Secretary from individuals nominated by the 
     entities described in subsection (a)(1). To the maximum 
     extent possible, the Secretary shall ensure that the tribal 
     representative membership chosen pursuant to the preceding 
     sentence reflects the proportionate share of students from 
     tribes served by the Bureau-funded school system. The 
     negotiation process shall be conducted in a timely manner in 
     order that the final regulations may issued by the Secretary 
     no later than 18 months after enactment of this section, 
     provided that the authority of the Secretary to promulgate 
     regulations under this part and the Tribally Controlled 
     Schools Act of 1988 shall expire if final regulations are not 
     promulgated within the time stated in this sentence. If the 
     Secretary determines that an extension of the deadline in the 
     preceding sentence is necessary, the Secretary may submit 
     proposed legislation to Congress for extension of such 
     deadline.
       ``(2) Expansion of negotiated rulemaking.--All regulations 
     pertaining to this part and the Tribally Controlled Schools 
     Act of 1988 that are promulgated after the date of enactment 
     of this subsection shall be subject to a negotiated 
     rulemaking (including the selection of the regulations to be 
     negotiated), unless the Secretary determines that applying 
     such a requirement with respect to given regulations is 
     impracticable, unnecessary, or contrary to the public 
     interest (within the meaning of section 553(b)(3)(B) of title 
     5), and publishes the basis for such determination in the 
     Federal Register at the same time as the proposed regulations 
     in question are first published. All published proposed 
     regulations shall conform to agreements resulting from such 
     negotiated rulemaking unless the Secretary reopens the 
     negotiated rulemaking process or provides a written 
     explanation to the participants in that process why the 
     Secretary has decided to depart from such agreements. Such 
     negotiated rulemaking shall be conducted in accordance with 
     the provisions of subsection (a), and the Secretary shall 
     ensure that a clear and reliable record of agreements reached 
     during the negotiation process is maintained.
       ``(c) Applicability of Federal Advisory Committee Act.--The 
     Federal Advisory Committee Act shall apply to activities 
     carried out under this section.

     ``SEC. 1139. EARLY CHILDHOOD DEVELOPMENT PROGRAM.

       ``(a) In General.--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) Amount of Grants.--
       ``(1) In general.--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 (g) for such fiscal year (less 
     amounts provided under subsection (f)) 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) Limitation.--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) Application.
       ``(1) In general.--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) Contents.--Applications submitted under paragraph (1) 
     shall set forth the early childhood development program that 
     the applicant desires to operate.
       ``(d) Requirement of Programs Funded.--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) family literacy services;
       ``(E) educational testing; and
       ``(F) 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) Coordination of Family Literacy Programs.--Family 
     literacy programs operated under this section or other 
     similar programs operated by the Bureau shall coordinate with 
     family literacy programs for Indian children under part B of 
     title I of the Elementary and Secondary Education Act of 1965 
     in order to avoid duplication and to encourage the 
     dissemination of information on quality family literacy 
     programs serving Indians.
       ``(f) Administrative Costs.--The Secretary shall, out of 
     funds appropriated under subsection (g), include in the 
     grants provided under subsection (a) amounts for 
     administrative costs incurred by the tribe, tribal 
     organization, or consortium of tribes in establishing and 
     maintaining the early childhood development program.
       ``(g) Authorization of Appropriations.--For the purpose of 
     carrying out the provisions of this section, there are 
     authorized to be appropriated $10,000,000 for fiscal year 
     2000 and such sums as may be necessary for each of the fiscal 
     years 2001, 2002, 2003, and 2004.

     ``SEC. 1140. TRIBAL DEPARTMENTS OR DIVISIONS OF EDUCATION.

       ``(a) In General.--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.--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 (and on former 
     Indian reservations in Oklahoma) (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 that are in effect on the date 
     that application for such grants are made.
       ``(c) Priorities.--
       ``(1) In general.--In making 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

[[Page H10463]]

     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) Time period of grant.--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) Terms, Conditions, or Requirements.--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) Authorization of Appropriations.--For the purpose of 
     carrying out the provisions of this section, there are 
     authorized to be appropriated $2,000,000 for fiscal year 2000 
     and such sums as may be necessary for each of the fiscal 
     years 2001, 2002, 2003, and 2004.

     ``SEC. 1141. DEFINITIONS.

       ``For the purposes of this part, unless otherwise 
     specified:
       ``(1) Agency school board.--The term `agency school board' 
     means a body, the members of which are appointed by all of 
     the school boards of the schools located within an agency, 
     including schools operated under contract or grant, 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, and in agencies having 
     schools or a school operated under contract or grant, one 
     such member at least shall be from such a school.
       ``(2) Bureau.--The term `Bureau' means the Bureau of Indian 
     Affairs of the Department of the Interior.
       ``(3) Bureau funded school.--The term `Bureau funded 
     school' means--
       ``(A) a Bureau school;
       ``(B) a contract or grant school; or
       ``(C) a school for which assistance is provided under the 
     Tribally Controlled Schools Act of 1988.
       ``(4) Bureau school.--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) Contract or grant school.--The term `contract or 
     grant school' means an elementary or secondary school or 
     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, or under the 
     Tribally Controlled Schools Act of 1988.
       ``(6) Education line officer.--The term `education line 
     officer' means education personnel under the supervision of 
     the Director, whether located in the central, area, or agency 
     offices.
       ``(7) Financial plan.--The term `financial plan' means a 
     plan of services provided by each Bureau school.
       ``(8) Indian organization.--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 tribes.
       ``(9) Local educational agency.--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) Local school board.--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) Office.--The term `Office' means the Office of 
     Indian Education Programs within the Bureau.
       ``(12) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(13) Supervisor.--The term `supervisor' means the 
     individual in the position of ultimate authority at a Bureau 
     school.
       ``(14) Tribal governing body.--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.
       ``(15) Tribe.--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, which is recognized as 
     eligible for the special programs and services provided by 
     the United States to Indians because of their status as 
     Indians.''.

          Subtitle C--Tribally Controlled Schools Act of 1988

     SEC. 420. TRIBALLY CONTROLLED SCHOOLS.

       Sections 5202 through 5212 of Public Law 100-297 (25 U.S.C. 
     2501 et seq.) are amended to read as follows:

     ``SEC. 5202. FINDINGS.

       ``Congress, after careful review of the Federal 
     Government's historical and special legal relationship with, 
     and resulting responsibilities to, Indians, finds that--
       ``(1) the Indian Self-Determination and Education 
     Assistance Act, which was a product of the legitimate 
     aspirations and a recognition of the inherent authority of 
     Indian nations, was and is a crucial positive step towards 
     tribal and community control;
       ``(2) the Bureau of Indian Affairs' administration and 
     domination of the contracting process under such Act has not 
     provided the full opportunity to develop leadership skills 
     crucial to the realization of self-government and has denied 
     Indians an effective voice in the planning and implementation 
     of programs for the benefit of Indians which are responsive 
     to the true needs of Indian communities;
       ``(3) Indians will never surrender their desire to control 
     their relationships both among themselves and with non-Indian 
     governments, organizations, and persons;
       ``(4) true self-determination in any society of people is 
     dependent upon an educational process which will ensure the 
     development of qualified people to fulfill meaningful 
     leadership roles;
       ``(5) the Federal administration of education for Indian 
     children has not effected the desired level of educational 
     achievement or created the diverse opportunities and personal 
     satisfaction that education can and should provide;
       ``(6) true local control requires the least possible 
     Federal interference; and
       ``(7) the time has come to enhance the concepts made 
     manifest in the Indian Self-Determination and Education 
     Assistance Act.

     ``SEC. 5203. DECLARATION OF POLICY.

       ``(a) Recognition.--Congress recognizes the obligation of 
     the United States to respond to the strong expression of the 
     Indian people for self-determination by assuring maximum 
     Indian participation in the direction of educational services 
     so as to render such services more responsive to the needs 
     and desires of those communities.
       ``(b) Commitment.--Congress declares its commitment to the 
     maintenance of the Federal Government's unique and continuing 
     trust relationship with and responsibility to the Indian 
     people through the establishment of a meaningful Indian self-
     determination policy for education which will deter further 
     perpetuation of Federal bureaucratic domination of programs.
       ``(c) National Goal.--Congress declares that a major 
     national goal of the United States is to provide the 
     resources, processes, and structure which will enable tribes 
     and local communities to effect the quantity and quality of 
     educational services and opportunities which will permit 
     Indian children to compete and excel in the life areas of 
     their choice and to achieve the measure of self-determination 
     essential to their social and economic well-being.
       ``(d) Educational Needs.--Congress affirms the reality of 
     the special and unique educational needs of Indian peoples, 
     including the need for programs to meet the linguistic and 
     cultural aspirations of Indian tribes and communities. These 
     may best be met through a grant process.
       ``(e) Federal Relations.--Congress declares its commitment 
     to these policies and its support, to the full extent of its 
     responsibility, for Federal relations with the Indian 
     Nations.
       ``(f) Termination.--Congress hereby repudiates and rejects 
     House Resolution 108 of the 83d Congress and any policy of 
     unilateral termination of Federal relations with any Indian 
     Nation.

     ``SEC. 5204. GRANTS AUTHORIZED.

       ``(a) In General.--
       ``(1) Eligibility.--The Secretary shall provide grants to 
     Indian tribes, and tribal organizations that--
       ``(A) operate contract schools under title XI of the 
     Education Amendments of 1978 and notify the Secretary of 
     their election to operate the schools with assistance under 
     this part rather than continuing as contract school;
       ``(B) operate other tribally controlled schools eligible 
     for assistance under this part and submit applications (which 
     are approved by their tribal governing bodies) to the 
     Secretary for such grants; or
       ``(C) elect to assume operation of Bureau funded schools 
     with the assistance under this part and submit applications 
     (which are approved by their tribal governing bodies) to the 
     Secretary for such grants.
       ``(2) Deposit of funds.--Grants provided under this part 
     shall be deposited into the general operating fund of the 
     tribally controlled school with respect to which the grant is 
     made.
       ``(3) Use of funds.--(A) Except as otherwise provided in 
     this paragraph, grants provided under this part shall be used 
     to defray, at the discretion of the school board of the 
     tribally controlled school with respect to which the grant is 
     provided, any expenditures for education related activities 
     for which any funds that compose the grant may be used under 
     the laws described in section 5205(a), including, but not 
     limited to, expenditures for--
       ``(i) school operations, academic, educational, 
     residential, guidance and counseling, and administrative 
     purposes; and

[[Page H10464]]

       ``(ii) support services for the school, including 
     transportation.
       ``(B) Grants provided under this part may, at the 
     discretion of the school board of the tribally controlled 
     school with respect to which such grant is provided, be used 
     to defray operations and maintenance expenditures for the 
     school if any funds for the operation and maintenance of the 
     school are allocated to the school under the provisions of 
     any of the laws described in section 5205(a).
       ``(b) Limitations.--
       ``(1) 1 grant per tribe or organization per fiscal year.--
     Not more than 1 grant may be provided under this part with 
     respect to any Indian tribe or tribal organization for any 
     fiscal year.
       ``(2) Nonsectarian use.--Funds provided under any grant 
     made under this part may not be used in connection with 
     religious worship or sectarian instruction.
       ``(3) Administrative costs limitation.--Funds provided 
     under any grant under this part may not be expended for 
     administrative costs (as defined in section 1128(h)(1) of the 
     Education Amendments of 1978) in excess of the amount 
     generated for such costs under section 1128 of such Act.
       ``(c) Limitation on Transfer of Funds Among Schoolsites.--
       ``(1) In general.--In the case of a grantee that operates 
     schools at more than one schoolsite, the grantee may expend 
     not more than the lesser of--
       ``(A) 10 percent of the funds allocated for such schoolsite 
     under section 1128 of the Education Amendments of 1978; or
       ``(B) $400,000 of such funds, at any other schoolsite.
       ``(2) Definition of schoolsite.--For purposes of this 
     subsection, the term `schoolsite' means the physical location 
     and the facilities of an elementary or secondary educational 
     or residential program operated by, or under contract or 
     grant with, the Bureau for which a discreet student count is 
     identified under the funding formula established under 
     section 1127 of the Education Amendments of 1978.
       ``(d) No Requirement To Accept Grants.--Nothing in this 
     part may be construed--
       ``(1) to require a tribe or tribal organization to apply 
     for or accept; or
       ``(2) to allow any person to coerce any tribe or tribal 
     organization to apply for, or accept,
     a grant under this part to plan, conduct, and administer all 
     of, or any portion of, any Bureau program. Such applications 
     and the timing of such applications shall be strictly 
     voluntary. Nothing in this part may be construed as allowing 
     or requiring any grant with any entity other than the entity 
     to which the grant is provided.
       ``(e) No Effect on Federal Responsibility.--Grants provided 
     under this part shall not terminate, modify, suspend, or 
     reduce the responsibility of the Federal Government to 
     provide a program.
       ``(f) Retrocession.--
       ``(1) In general.--Whenever a tribal governing body 
     requests retrocession of any program for which assistance is 
     provided under this part, such retrocession shall become 
     effective upon a date specified by the Secretary that is not 
     later than 120 days after the date on which the tribal 
     governing body requests the retrocession. A later date as may 
     be specified if mutually agreed upon by the Secretary and the 
     tribal governing body. If such a program is retroceded, the 
     Secretary shall provide to any Indian tribe served by such 
     program at least the same quantity and quality of services 
     that would have been provided under such program at the level 
     of funding provided under this part prior to the 
     retrocession.
       ``(2) Status after retrocession.--The tribe requesting 
     retrocession shall specify whether the retrocession is to 
     status as a Bureau operated school or as a school operated 
     under contract under title XI of the Education Amendments of 
     1978.
       ``(3) Transfer of equipment and materials.--Except as 
     otherwise determined by the Secretary, the tribe or tribal 
     organization operating the program to be retroceded must 
     transfer to the Secretary (or to the tribe or tribal 
     organization which will operate the program as a contract 
     school) the existing equipment and materials which were 
     acquired--
       ``(A) with assistance under this part; or
       ``(B) upon assumption of operation of the program under 
     this part if the school was a Bureau funded school under 
     title XI of the Education Amendments of 1978 before receiving 
     assistance under this part.
       ``(g) Prohibition of Termination for Administrative 
     Convenience.--Grants provided under this part may not be 
     terminated, modified, suspended, or reduced solely for the 
     convenience of the administering agency.

     ``SEC. 5205. COMPOSITION OF GRANTS.

       ``(a) In General.--The grant provided under this part to an 
     Indian tribe or tribal organization for any fiscal year shall 
     consist of--
       ``(1) the total amount of funds allocated for such fiscal 
     year under sections 1127 and 1128 of the Education Amendments 
     of 1978 with respect to the tribally controlled schools 
     eligible for assistance under this part which are operated by 
     such Indian tribe or tribal organization, including, but not 
     limited to, funds provided under such sections, or under any 
     other provision of law, for transportation costs;
       ``(2) to the extent requested by such Indian tribe or 
     tribal organization, the total amount of funds provided from 
     operations and maintenance accounts and, notwithstanding 
     section 105 of the Indian Self-Determination Act, or any 
     other provision of law, other facilities accounts for such 
     schools for such fiscal year (including but not limited to 
     those referenced under section 1126(d) of the Education 
     Amendments of 1978 or any other law); and
       ``(3) the total amount of funds that are allocated to such 
     schools for such fiscal year under--
       ``(A) title I of the Elementary and Secondary Education Act 
     of 1965;
       ``(B) the Individuals with Disabilities Education Act; and
       ``(C) any other Federal education law, that are allocated 
     to such schools for such fiscal year.
       ``(b) Special Rules.--
       ``(1) In general.--(A) Funds allocated to a tribally 
     controlled school by reason of paragraph (1) or (2) of 
     subsection (a) shall be subject to the provisions of this 
     part and shall not be subject to any additional restriction, 
     priority, or limitation that is imposed by the Bureau with 
     respect to funds provided under--
       ``(i) title I of the Elementary and Secondary Education Act 
     of 1965;
       ``(ii) the Individuals with Disabilities Education Act; or
       ``(iii) any Federal education law other than title XI of 
     the Education Amendments of 1978.
       ``(B) Indian tribes and tribal organizations to which 
     grants are provided under this part, and tribally controlled 
     schools for which such grants are provided, shall not be 
     subject to any requirements, obligations, restrictions, or 
     limitations imposed by the Bureau that would otherwise apply 
     solely by reason of the receipt of funds provided under any 
     law referred to in clause (i), (ii) or (iii) of subparagraph 
     (A).
       ``(2) Schools considered contract schools.--Tribally 
     controlled schools for which grants are provided under this 
     part shall be treated as contract schools for the purposes of 
     allocation of funds under sections 1126(d), 1127, and 1128 of 
     the Education Amendments of 1978.
       ``(3) Schools considered Bureau schools.--Tribally 
     controlled schools for which grants are provided under this 
     chapter shall be treated as Bureau schools for the purposes 
     of allocation of funds provided under--
       ``(A) title I of the Elementary and Secondary Education Act 
     of 1965;
       ``(B) the Individuals with Disabilities Education Act; and
       ``(C) any other Federal education law, that are distributed 
     through the Bureau.
       ``(4) Accounts; use of certain funds.--(A) Notwithstanding 
     section 5204(a)(2), with respect to funds from facilities 
     improvement and repair, alteration and renovation (major or 
     minor), health and safety, or new construction accounts 
     included in the grant under section 5204(a), the grantee 
     shall maintain a separate account for such funds. At the end 
     of the period designated for the work covered by the funds 
     received, the grantee shall submit to the Secretary a 
     separate accounting of the work done and the funds expended 
     to the Secretary. Funds received from these accounts may only 
     be used for the purpose for which they were appropriated and 
     for the work encompassed by the application or submission 
     under which they were received.
       ``(B) Notwithstanding subparagraph (A), 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 25 percent of the total cost 
     of such new construction.
       ``(C) Where the appropriations measure or the application 
     submission does not stipulate a period for the work covered 
     by the funds so designated, the Secretary and the grantee 
     shall consult and determine such a period prior to the 
     transfer of the funds. A period so determined may be extended 
     upon mutual agreement of the Secretary and the grantee.
       ``(5) Enforcement of request to include funds.--If the 
     Secretary fails to carry out a request made under subsection 
     (a)(2) 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 or failure to act on such tribe or organization's 
     request, pursuant to the disputes authority described in 
     section 5209(e).

     ``SEC. 5206. ELIGIBILITY FOR GRANTS.

       ``(a) Rules.--
       ``(1) In general.--A tribally controlled school is eligible 
     for assistance under this part if the school--
       ``(A) on April 28, 1988, was a contract school under title 
     XI of the Education Amendments of 1978 and the tribe or 
     tribal organization operating the school submits to the 
     Secretary a written notice of election to receive a grant 
     under this part;
       ``(B) was a Bureau operated school under title XI of the 
     Education Amendments of 1978 and has met the requirements of 
     subsection (b);
       ``(C) is a school for which the Bureau has not provided 
     funds, but which has met the requirements of subsection (c); 
     or
       ``(D) is a school with respect to which an election has 
     been made under paragraph (2) and which has met the 
     requirements of subsection (b).
       ``(2) New schools.--Any application which has been 
     submitted under the Indian Self-Determination and Education 
     Assistance Act by an Indian tribe for a school which is not 
     in operation on the date of enactment of the Student Results 
     Act of 1999 shall be reviewed under the guidelines and 
     regulations for applications submitted under the Indian Self-
     Determination and Education Assistance Act that were in 
     effect at the time the application was submitted, unless the 
     Indian tribe or tribal organization elects to have the 
     application reviewed under the provisions of subsection (b).
       ``(b) Additional Requirements for Bureau Funded Schools and 
     Certain Electing Schools.--

[[Page H10465]]

       ``(1) Bureau funded schools.--A school that was a Bureau 
     funded school under title XI of the Education Amendments of 
     1978 on the date of enactment of the Student Results Act of 
     1999, and any school with respect to which an election is 
     made under subsection (a)(2), meets the requirements of this 
     subsection if--
       ``(A) the Indian tribe or tribal organization that 
     operates, or desires to operate, the school submits to the 
     Secretary an application requesting that the Secretary--
       ``(i) transfer operation of the school to the Indian tribe 
     or tribal organization, if the Indian tribe or tribal 
     organization is not already operating the school; and
       ``(ii) make a determination as to whether the school is 
     eligible for assistance under this part; and
       ``(B) the Secretary makes a determination that the school 
     is eligible for assistance under this part.
       ``(2) Certain electing schools.--(A) By not later than the 
     date that is 120 days after the date on which an application 
     is submitted to the Secretary under paragraph (1)(A), the 
     Secretary shall determine--
       ``(i) in the case of a school which is not being operated 
     by the Indian tribe or tribal organization, whether to 
     transfer operation of the school to the Indian tribe or 
     tribal organization; and
       ``(ii) whether the school is eligible for assistance under 
     this part.
       ``(B) In considering applications submitted under paragraph 
     (1)(A), the Secretary--
       ``(i) shall transfer operation of the school to the Indian 
     tribe or tribal organization, if the tribe or tribal 
     organization is not already operating the school; and
       ``(ii) shall determine that the school is eligible for 
     assistance under this part, unless the Secretary finds by 
     clear and convincing evidence that the services to be 
     provided by the Indian tribe or tribal organization will be 
     deleterious to the welfare of the Indians served by the 
     school.
       ``(C) In considering applications submitted under paragraph 
     (1)(A), the Secretary shall consider whether the Indian tribe 
     or tribal organization would be deficient in operating the 
     school with respect to--
       ``(i) equipment;
       ``(ii) bookkeeping and accounting procedures;
       ``(iii) ability to adequately manage a school; or
       ``(iv) adequately trained personnel.
       ``(c) Additional Requirements for a School Which Is Not a 
     Bureau Funded School.--
       ``(1) In general.--A school which is not a Bureau funded 
     school under title XI of the Education Amendments of 1978 
     meets the requirements of this subsection if--
       ``(A) the Indian tribe or tribal organization that 
     operates, or desires to operate, the school submits to the 
     Secretary an application requesting a determination by the 
     Secretary as to whether the school is eligible for assistance 
     under this part; and
       ``(B) the Secretary makes a determination that a school is 
     eligible for assistance under this part.
       ``(2) Deadline for determination by secretary.--(A) By not 
     later than the date that is 180 days after the date on which 
     an application is submitted to the Secretary under paragraph 
     (1)(A), the Secretary shall determine whether the school is 
     eligible for assistance under this part.
       ``(B) In making the determination under subparagraph (A), 
     the Secretary shall give equal consideration to each of the 
     following factors:
       ``(i) with respect to the applicant's proposal--
       ``(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;
       ``(IV) geographic proximity of comparable public education; 
     and
       ``(V) the needs as expressed by all affected parties, 
     including but not limited to students, families, tribal 
     governments at both the central and local levels, and school 
     organizations; and
       ``(ii) with respect to all education services already 
     available--
       ``(I) geographic and demographic factors in the affected 
     areas;
       ``(II) adequacy and comparability of programs already 
     available;
       ``(III) consistency of available programs with tribal 
     education codes or tribal legislation on education; and
       ``(IV) the history and success of these services for the 
     proposed population to be served, as determined from all 
     factors including, if relevant, standardized examination 
     performance.
       ``(C) The Secretary may not make a determination under this 
     paragraph that is primarily based upon the geographic 
     proximity of comparable public education.
       ``(D) Applications submitted under paragraph (1)(A) shall 
     include information on the factors described in subparagraph 
     (B)(i), but the applicant may also provide the Secretary such 
     information relative to the factors described in subparagraph 
     (B)(ii) as the applicant considers appropriate.
       ``(E) If the Secretary fails to make a determination under 
     subparagraph (A) with respect to an application within 180 
     days after the date on which the Secretary received the 
     application, the Secretary shall be treated as having made a 
     determination that the tribally controlled school is eligible 
     for assistance under the title and the grant shall become 
     effective 18 months after the date on which the Secretary 
     received the application, or on an earlier date, at the 
     Secretary's discretion.
       ``(d) Filing of Applications and Reports.--
       ``(1) In general.--All applications and reports submitted 
     to the Secretary under this part, and any amendments to such 
     applications or reports, shall be filed with the education 
     line officer designated by the Director of the Office of 
     Indian Education Programs of the Bureau of Indian Affairs. 
     The date on which such filing occurs shall, for purposes of 
     this part, be treated as the date on which the application or 
     amendment was submitted to the Secretary.
       ``(2) Supporting documentation.--Any application that is 
     submitted under this chapter shall be accompanied by a 
     document indicating the action taken by the tribal governing 
     body in authorizing such application.
       ``(e) Effective Date for Approved Applications.--Except as 
     provided by subsection (c)(2)(E), a grant provided under this 
     part, and any transfer of the operation of a Bureau school 
     made under subsection (b), shall become effective beginning 
     the academic year succeeding the fiscal year in which the 
     application for the grant or transfer is made, or at an 
     earlier date determined by the Secretary.
       ``(f) Denial of Applications.--
       ``(1) In general.--Whenever the Secretary refuses to 
     approve a grant under this chapter, to transfer operation of 
     a Bureau school under subsection (b), or determines that a 
     school is not eligible for assistance under this part, the 
     Secretary shall--
       ``(A) state the objections in writing to the tribe or 
     tribal organization within the allotted time;
       ``(B) provide assistance to the tribe or tribal 
     organization to overcome all stated objections.
       ``(C) at the request of the tribe or tribal organization, 
     provide the tribe or tribal organization a hearing on the 
     record under the same rules and regulations that apply under 
     the Indian Self-Determination and Education Assistance Act; 
     and
       ``(D) provide an opportunity to appeal the objection 
     raised.
       ``(2) Timeline for reconsideration of amended 
     applications.--The Secretary shall reconsider any amended 
     application submitted under this part within 60 days after 
     the amended application is submitted to the Secretary.
       ``(g) Report.--The Bureau shall submit an annual report to 
     the Congress on all applications received, and actions taken 
     (including the costs associated with such actions), under 
     this section at the same time that the President is required 
     to submit to Congress the budget under section 1105 of title 
     31.

     ``SEC. 5207. DURATION OF ELIGIBILITY DETERMINATION.

       ``(a) In General.--If the Secretary determines that a 
     tribally controlled school is eligible for assistance under 
     this part, the eligibility determination shall remain in 
     effect until the determination is revoked by the Secretary, 
     and the requirements of subsection (b) or (c) of section 
     5206, if applicable, shall be considered to have been met 
     with respect to such school until the eligibility 
     determination is revoked by the Secretary.
       ``(b) Annual Reports.--
       ``(1) In general.--Each recipient of a grant provided under 
     this part shall complete an annual report which shall be 
     limited to--
       ``(A) an annual financial statement reporting revenue and 
     expenditures as defined by the cost accounting established by 
     the grantee;
       ``(B) an annual financial audit conducted pursuant to the 
     standards of the Single Audit Act of 1984;
       ``(C) an annual submission to the Secretary of the number 
     of students served and a brief description of programs 
     offered under the grant; and
       ``(D) a program evaluation conducted by an impartial 
     evaluation review team, to be based on the standards 
     established for purposes of subsection (c)(1)(A)(ii).
       ``(2) Evaluation review teams.--Where appropriate, other 
     tribally controlled schools and representatives of tribally 
     controlled community colleges shall make up members of the 
     evaluation review teams.
       ``(3) Evaluations.--In the case of a school which is 
     accredited, evaluations will be conducted at intervals under 
     the terms of accreditation.
       ``(4) Submission of report.--
       ``(A) To tribally governing body.--Upon completion of the 
     report required under paragraph (a), the recipient of the 
     grant shall send (via first class mail, return receipt 
     requested) a copy of such annual report to the tribal 
     governing body (as defined in section 1132(f) of the 
     Education Amendments of 1978) of the tribally controlled 
     school.
       ``(B) To secretary.--Not later than 30 days after receiving 
     written confirmation that the tribal governing body has 
     received the report send pursuant to subsection (A), the 
     recipient of the grant shall send a copy of the report to the 
     Secretary.
       ``(c) Revocation of Eligibility.--
       ``(1) In general.--(A) The Secretary shall not revoke a 
     determination that a school is eligible for assistance under 
     this part if--
       ``(i) the Indian tribe or tribal organization submits the 
     reports required under subsection (b) with respect to the 
     school; and
       ``(ii) at least one of the following subclauses applies 
     with respect to the school:
       ``(I) The school is certified or accredited by a State or 
     regional accrediting association or is a candidate in good 
     standing for such accreditation under the rules of the State 
     or regional accrediting association, showing that credits 
     achieved by the students within the education programs are, 
     or will be, accepted at grade level by a State certified or 
     regionally accredited institution.
       ``(II) A determination made by the Secretary that there is 
     a reasonable expectation that the accreditation described in 
     subclause (I), or the candidacy in good standing for such 
     accreditation, will be reached by the school within 3 years 
     and that the program offered by the school is beneficial to 
     the Indian students.
       ``(III) The school is accredited by a tribal department of 
     education if such accreditation is

[[Page H10466]]

     accepted by a generally recognized regional or State 
     accreditation agency.
       ``(IV) The schools accept the standards promulgated under 
     section 1121 of the Education Amendments of 1978 and an 
     evaluation of performance is conducted under this section in 
     conformance with the regulations pertaining to Bureau 
     operated schools by an impartial evaluator chosen by the 
     grantee, but no grantee shall be required to comply with 
     these standards to a higher degree than a comparable Bureau 
     operated school.
       ``(V) A positive evaluation of the school is conducted by 
     an impartial evaluator agreed upon by the Secretary and the 
     grantee every 2 years under standards adopted by the 
     contractor under a contract for a school entered into under 
     the Indian Self-Determination and Education Assistance Act 
     (or revisions of such standards agreed to by the Secretary 
     and the grantee) prior to the date of enactment of this Act. 
     If the Secretary and the grantee other than the tribal 
     governing body fail to agree on such an evaluator, the tribal 
     governing body shall choose the evaluator or perform the 
     evaluation. If the Secretary and a grantee which is the 
     tribal governing body fail to agree on such an evaluator, 
     this subclause shall not apply.
       ``(B) The choice of standards employed for the purpose of 
     subparagraph (A)(ii) shall be consistent with section 1121(e) 
     of the Education Amendments of 1978.
       ``(2) Notice requirements for revocation.--The Secretary 
     shall not revoke a determination that a school is eligible 
     for assistance under this part, or reassume control of a 
     school that was a Bureau school prior to approval of an 
     application submitted under section 5206(b)(1)(A) until the 
     Secretary--
       ``(A) provides notice to the tribally controlled school and 
     the tribal governing body (within the meaning of section 
     1141(14) of the Education Amendments of 1978) of the tribally 
     controlled school which states--
       ``(i) the specific deficiencies that led to the revocation 
     or resumption determination; and
       ``(ii) the actions that are needed to remedy such 
     deficiencies; and
       ``(B) affords such authority an opportunity to effect the 
     remedial actions.
       ``(3) Technical assistance.--The Secretary shall provide 
     such technical assistance as is practicable to effect such 
     remedial actions. Such notice and technical assistance shall 
     be in addition to a hearing and appeal to be conducted 
     pursuant to the regulations described in section 
     5206(f)(1)(C).
       ``(d) Applicability of Section Pursuant to Election Under 
     Section 5209(b).--With respect to a tribally controlled 
     school which receives assistance under this part pursuant to 
     an election made under section 5209(b)--
       ``(1) subsection (b) of this section shall apply; and
       ``(2) the Secretary may not revoke eligibility for 
     assistance under this part except in conformance with 
     subsection (c) of this section.

     ``SEC. 5208. PAYMENT OF GRANTS; INVESTMENT OF FUNDS.

       ``(a) Payments.--
       ``(1) In general.--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 85 percent 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) Newly funded schools.--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) Late funding.--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) Applicability of certain title 31 provisions.--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) Restrictions.--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.
       ``(b) Investment of Funds.--
       ``(1) Treatment of interest and investment income.--
     Notwithstanding any other provision of law, any interest or 
     investment income that accrues to any funds provided under 
     this part after such funds are paid to the Indian tribe or 
     tribal organization and before such funds are expended for 
     the purpose for which such funds were provided under this 
     part shall be the property of the Indian tribe or tribal 
     organization and shall not be taken into account by any 
     officer or employee of the Federal Government in determining 
     whether to provide assistance, or the amount of assistance, 
     under any provision of Federal law. Such interest income 
     shall be spent on behalf of the school.
       ``(2) Permissible investments.--Funds provided under this 
     part may be invested by the Indian tribe or tribal 
     organization before such funds are expended for the purposes 
     of this part so long as such funds are--
       ``(A) invested by the Indian tribe or tribal organization 
     only in obligations of the United States, or in obligations 
     or securities that are guaranteed or insured by the United 
     States, or mutual (or other) funds registered with the 
     Securities and Exchange Commission and which only invest in 
     obligations of the United States, or securities that are 
     guaranteed or insured by the United States; or
       ``(B) deposited only into accounts that are insure by and 
     agency or instrumentality of the United States, or are fully 
     collateralized to ensure protection of the funds, even in the 
     event of a bank failure.
       ``(c) Recoveries.--For the purposes of underrecovery and 
     overrecovery determinations by any Federal agency for any 
     other funds, from whatever source derived, funds received 
     under this part shall not be taken into consideration.

     ``SEC. 5209. APPLICATION WITH RESPECT TO INDIAN SELF-
                   DETERMINATION AND EDUCATION ASSISTANCE ACT.

       ``(a) Certain Provisions To Apply to Grants.--The following 
     provisions of the Indian Self-Determination and Education 
     Assistance Act (and any subsequent revisions thereto or 
     renumbering thereof), shall apply to grants provided under 
     this part:
       ``(1) Section 5(f) (relating to single agency audit).
       ``(2) Section 6 (relating to criminal activities; 
     penalties).
       ``(3) Section 7 (relating to wage and labor standards).
       ``(4) Section 104 (relating to retention of Federal 
     employee coverage).
       ``(5) Section 105(f) (relating to Federal property).
       ``(6) Section 105(k) (relating to access to Federal sources 
     of supply).
       ``(7) Section 105(l) (relating to lease of facility used 
     for administration and delivery of services).
       ``(8) Section 106(f) (relating to limitation on remedies 
     relating to cost allowances).
       ``(9) Section 106(j) (relating to use of funds for matching 
     or cost participation requirements).
       ``(10) Section 106(k) (relating to allowable uses of 
     funds).
       ``(11) Section 108(c) (Model Agreements provisions 
     (1)(a)(5) (relating to limitations of costs), (1)(a)(7) 
     (relating to records and monitoring), (1)(a)(8) (relating to 
     property), and (a)(1)(9) (relating to availability of funds).
       ``(12) Section 109 (relating to reassumption).
       ``(13) Section 111 (relating to sovereign immunity and 
     trusteeship rights unaffected).
       ``(b) Election for Grant in Lieu of Contract.--
       ``(1) In general.--Contractors for activities to which this 
     part applies who have entered into a contract under the 
     Indian Self-Determination and Education Assistance Act that 
     is in effect upon the date of enactment of the Student 
     Results Act of 1999 may, by giving notice to the Secretary, 
     elect to have the provisions of this part apply to such 
     activity in lieu of such contract.
       ``(2) Effective date of election.--Any election made under 
     paragraph (1) shall take effect on the later of--
       ``(A) October 1 of the fiscal year succeeding the fiscal 
     year in which such election is made; or
       ``(B) 60 days after the date of such election.
       ``(3) Exception.--In any case in which the 60-day period 
     referred to in paragraph (2)(B) is less than 60 days before 
     the beginning of the succeeding fiscal year, such election 
     shall not take effect until the fiscal year after the fiscal 
     year succeeding the election.
       ``(c) No Duplication.--No funds may be provided under any 
     contract entered into under the Indian Self-Determination and 
     Education Assistance Act to pay any expenses incurred in 
     providing any program or services if a grant has been made 
     under this part to pay such expenses.
       ``(d) Transfers and Carryovers.--
       ``(1) Buildings, equipment, supplies, materials.--A tribe 
     or tribal organization assuming the operation of--
       ``(A) a Bureau school with assistance under this part shall 
     be entitled to the transfer or use of buildings, equipment, 
     supplies, and materials to the same extent as if it were 
     contracting under the Indian Self-Determination and Education 
     Assistance Act; or
       ``(B) a contract school with assistance under this part 
     shall be entitled to the transfer or use of buildings, 
     equipment, supplies and materials that were used in the 
     operation of the contract school to the same extent as if it 
     were contracting under the Indian Self-Determination and 
     Education Assistance Act
       ``(2) Funds.--Any tribe or tribal organization which 
     assumes operation of a Bureau school with assistance under 
     this part and any tribe or tribal organization which elects 
     to operate a school with assistance under this part rather 
     that to continue as a contract school shall be entitled to 
     any funds which would carryover from the previous fiscal year 
     as if such school were operated as a contract school.
       ``(e) Exceptions, Problems, and Disputes.--Any exception or 
     problem cited in an audit conducted pursuant to section 
     5207(b)(2), any dispute regarding a grant authorized to be 
     made pursuant to this part or any amendment to such grant, 
     and any dispute involving an administrative cost grant under 
     section 1128 of the Education Amendments of 1978 shall be 
     administered under the provisions governing such exceptions, 
     problems, or disputes in the case of contracts under the 
     Indian Self-Determination and Education Assistance Act of 
     1975. 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. 5210. ROLE OF THE DIRECTOR.

       ``Applications for grants under this part, and all 
     application modifications, shall be reviewed and approved by 
     personnel under the direction and control of the Director of 
     the Office of Indian Education Programs. Required reports 
     shall be submitted to education personnel under

[[Page H10467]]

     the direction and control of the Director of such Office.

     ``SEC. 5211. REGULATIONS.

       ``The Secretary is authorized to issue regulations relating 
     to the discharge of duties specifically assigned to the 
     Secretary by this part. In all other matters relating to the 
     details of planning, development, implementing, and 
     evaluating grants under this part, the Secretary shall not 
     issue regulations. Regulations issued pursuant to this part 
     shall not have the standing of a Federal statute for the 
     purposes of judicial review.

     ``SEC. 5212. THE TRIBALLY CONTROLLED GRANT SCHOOL ENDOWMENT 
                   PROGRAM.

       ``(a) In General.--
       ``(1) Each school receiving grants under this part may 
     establish, at a Federally insured banking and savings 
     institution, a trust fund for the purposes of this section.
       ``(2) The school may provide--
       ``(A) for the deposit into the trust fund, only funds from 
     non-Federal sources, except that the interest on funds 
     received from grants under this part may be used for this 
     purpose;
       ``(B) for the deposit in the account of any earnings on 
     funds deposited in the account; and
       ``(C) for the sole use of the school any noncash, in-kind 
     contributions of real or personal property, such property may 
     at any time be converted to cash.
       ``(b) Interest.--Interest from the fund established under 
     subsection (a) may periodically be withdrawn and used, at the 
     discretion of the school, to defray any expenses associated 
     with the operation of the school.

     ``SEC. 5213. DEFINITIONS.

       ``For the purposes of this part:
       ``(1) Bureau.--The term `Bureau' means the Bureau of Indian 
     Affairs of the Department of the Interior.
       ``(2) Eligible indian student.--The term `eligible Indian 
     student' has the meaning of such term in section 1127(f) of 
     the Education Amendments of 1978.
       ``(3) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community, including Alaska Native Village or regional 
     corporations (as defined in or established pursuant to the 
     Alaskan Native Claims Settlement Act, which is recognized as 
     eligible for the special programs and services provided by 
     the United States to Indians because of their status as 
     Indians.
       ``(4) Local educational agency.--The term a `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 such combination of 
     school districts or counties as are recognized in a State as 
     an administrative agency for its public elementary or 
     secondary schools. Such term includes any other public 
     institution or agency having administrative control and 
     direction of a public elementary or secondary school.
       ``(5) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(6) Tribal organization.--(A) The term `tribal 
     organization' means--
       ``(i) the recognized governing body of any Indian tribe; or
       ``(ii) any legally established organization of Indians 
     which--
       ``(I) is controlled, sanctioned, or chartered by such 
     governing body or is democratically elected by the adult 
     members of the Indian community to be served by such 
     organization; and
       ``(II) includes the maximum participation of Indians in all 
     phases of its activities.
       ``(B) In any case in which a grant is provided under this 
     part to an organization to provide services benefiting more 
     than one Indian tribe, the approval of the governing bodies 
     of Indian tribes representing 80 percent of those students 
     attending the tribally controlled school shall be considered 
     a sufficient tribal authorization for such grant.
       ``(7) Tribally controlled school.--The term `tribally 
     controlled school' means a school operated by a tribe or a 
     tribal organization, enrolling students in kindergarten 
     through grade 12, including preschools, which is not a local 
     educational agency and which is not directly administered by 
     the Bureau of Indian Affairs.''.

                 TITLE V--GIFTED AND TALENTED CHILDREN

     SEC. 501. AMENDMENT TO ESEA RELATING TO GIFTED AND TALENTED 
                   CHILDREN.

       Part B of title X of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 8031 et seq.) is amended to read as 
     follows:

                 ``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 1999'.

     ``SEC. 10202. FINDINGS.

       ``The Congress finds the following:
       ``(1) While the families or communities of some gifted 
     students can provide private programs with appropriately 
     trained staff to supplement public educational offerings, 
     most high-ability students, especially those from inner 
     cities, rural communities, or low-income families, must rely 
     on the services and personnel provided by public schools. 
     Therefore, gifted education programs, provided by qualified 
     professionals in the public schools, are needed to provide 
     equal educational opportunities.
       ``(2) Due to the wide dispersal of students who are gifted 
     and talented and the national interest in a well-educated 
     populace, the Federal Government can most effectively and 
     appropriately conduct scientifically based research and 
     development to provide an infrastructure and to ensure that 
     there is a national capacity to educate students who are 
     gifted and talented to meet the needs of the 21st century.
       ``(3) State and local educational agencies often lack the 
     specialized resources and trained personnel to consistently 
     plan and implement effective programs for the identification 
     of gifted and talented students and for the provision of 
     educational services and programs appropriate for their 
     needs.
       ``(4) Because gifted and talented students generally are 
     more advanced academically, are able to learn more quickly, 
     and study in more depth and complexity than others their age, 
     their educational needs require opportunities and experiences 
     that are different from those generally available in regular 
     education programs.
       ``(5) Typical elementary school students who are 
     academically gifted and talented already have mastered 35 to 
     50 percent of the school year's content in several subject 
     areas before the year begins. Without an advanced and 
     challenging curriculum, they often lose their motivation and 
     develop poor study habits that are difficult to break.
       ``(6) Elementary and secondary teachers have students in 
     their classrooms with a wide variety of traits, 
     characteristics, and needs. Most teachers receive some 
     training to meet the needs of these students, such as 
     students with limited English proficiency, students with 
     disabilities, and students from diverse cultural and racial 
     backgrounds. However, most teachers do not receive training 
     on meeting the needs of students who are gifted and talented.

     ``SEC. 10203. CONDITIONS ON EFFECTIVENESS OF SUBPARTS 1 AND 
                   2.

       ``(a) Subpart 1.--Subpart 1 shall be in effect only for a 
     fiscal year for which subpart 2 is not in effect.
       ``(b) Subpart 2.--
       ``(1) In general.--Subpart 2 shall be in effect only for--
       ``(A) the first fiscal year for which the amount 
     appropriated to carry out this part equals or exceeds 
     $50,000,000; and
       ``(B) all succeeding fiscal years.
       ``(2) Continuation of awards.--Notwithstanding any other 
     provision of this part, a State receiving a grant under 
     subpart 2--
       ``(A) shall give special consideration to a request for the 
     continuation of an award within the State, made by any public 
     or private agency, institution, or organization that was 
     awarded a grant or contract under subpart 1 for a fiscal year 
     for which such subpart was in effect; and
       ``(B) may use funds received under such grant for the 
     purpose of permitting the agency, institution, or 
     organization to continue to receive funds in accordance with 
     the terms of such award until the date on which the award 
     period terminates under such terms.

                ``Subpart 1--Discretionary Grant Program

     ``SEC. 10211. PURPOSE.

       ``The purpose of this subpart is to initiate a coordinated 
     program of scientifically based research, demonstration 
     projects, innovative strategies, 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.

     ``SEC. 10212. GRANTS TO MEET EDUCATIONAL NEEDS OF GIFTED AND 
                   TALENTED STUDENTS.

       ``(a) Establishment of Program.--
       ``(1) In general.--Subject to section 10203, from the sums 
     available to carry out this subpart 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, other public agencies, and other private agencies 
     and organizations (including Indian tribes and Indian 
     organizations (as such terms are defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b)) and Native Hawaiian organizations) to assist 
     such agencies, institutions, and organizations in carrying 
     out programs or projects authorized by this subpart 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 subpart 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 subpart may include the following:
       ``(1) Carrying out--
       ``(A) scientifically based 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 purpose of this subpart.
       ``(2) Professional development (including fellowships) for 
     personnel (including leadership personnel) involved in the 
     education of gifted and talented students.
       ``(3) 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, including summer

[[Page H10468]]

     programs, mentoring programs, service learning programs, and 
     cooperative programs involving business, industry, and 
     education.
       ``(4) Implementing innovative strategies, such as 
     cooperative learning, peer tutoring and service learning.
       ``(5) Programs of technical assistance and information 
     dissemination, including assistance and information with 
     respect to how gifted and talented programs and methods, 
     where appropriate, may be adapted for use by all students.
       ``(c) Coordination.--Scientifically based research 
     activities supported under this subpart--
       ``(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 scientifically based 
     research activities which are jointly funded and carried out 
     with such Office.

     ``SEC. 10213. PROGRAM PRIORITIES.

       ``(a) General Priority.--In the administration of this 
     subpart, the Secretary shall give highest priority to 
     programs and projects designed to develop new information 
     that--
       ``(1) improves the capability of schools to plan, conduct, 
     and improve programs to identify and serve gifted and 
     talented students; and
       ``(2) assists schools in the identification of, and 
     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).
       ``(b) Service Priority.--In approving applications for 
     assistance under section 10212(a)(2), the Secretary shall 
     ensure that in each fiscal year at least \1/2\ of the 
     applications approved under such section address the priority 
     described in subsection (a)(2).
       ``(c) Subgrants to Local Educational Agencies for 
     Authorized Activities.--
       ``(1) In general.--For fiscal year 2001 and succeeding 
     fiscal years, the Secretary shall ensure that a percentage of 
     the excess amount described in paragraph (2) is used to 
     increase (in proportion to any increases in such excess 
     amounts) the number and size of the grants under this subpart 
     to State educational agencies to begin implementing 
     activities described in section 10222(b) through competitive 
     subgrants to local educational agencies.
       ``(2) Excess amount.--For purposes of paragraph (1), the 
     excess amount described in this paragraph is, for fiscal year 
     2001 and succeeding fiscal years, the amount (if any) by 
     which the funds appropriated to carry out this subpart for 
     the year exceed such funds for fiscal year 2000.

     ``SEC. 10214. GENERAL PROVISIONS FOR SUBPART.

       ``(a) Review, Dissemination, and Evaluation.--The 
     Secretary--
       ``(1) shall use a peer review process in reviewing 
     applications under this subpart;
       ``(2) shall ensure that information on the activities and 
     results of programs and projects funded under this subpart is 
     disseminated to appropriate State and local educational 
     agencies and other appropriate organizations, including 
     nonprofit private organizations; and
       ``(3) shall evaluate the effectiveness of programs under 
     this subpart 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 the Congress not 
     later than 2 years after the date of the enactment of the 
     Student Results Act of 1999.
       ``(b) Program Operations.--The Secretary shall ensure that 
     the programs under this subpart 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--
       ``(1) shall administer and coordinate the programs 
     authorized under this subpart;
       ``(2) shall 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
       ``(3) shall 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.

                   ``Subpart 2--Formula Grant Program

     ``SEC. 10221. PURPOSE.

       ``The purpose of this subpart is to provide grants to 
     States to support programs, teacher preparation, and other 
     services designed to meet the needs of the Nation's gifted 
     and talented students in elementary and secondary schools.

     ``SEC. 10222. ESTABLISHMENT OF PROGRAM; USE OF FUNDS.

       ``(a) In General.--In the case of each State that in 
     accordance with section 10224 submits to the Secretary an 
     application for a fiscal year, subject to section 10203, the 
     Secretary shall make a grant for the year to the State for 
     the uses specified in subsection (b). The grant shall consist 
     of the allotment determined for the State under section 
     10223.
       ``(b) Authorized Activities.--Each State receiving a grant 
     under this subpart shall use the funds provided under the 
     grant to assist local educational agencies to develop or 
     expand gifted and talented education programs through one or 
     more of the following activities:
       ``(1) Development and implementation of programs to address 
     State and local needs for in-service training programs for 
     general educators, specialists in gifted and talented 
     education, administrators, or other personnel at the 
     elementary and secondary levels.
       ``(2) Making materials and services available through State 
     regional educational service centers, institutions of higher 
     education, or other entities.
       ``(3) Supporting innovative approaches and curricula used 
     by local educational agencies (or consortia of such agencies) 
     or schools or (consortia of schools).
       ``(4) Providing funds for challenging, high-level course 
     work, disseminated through new and emerging technologies 
     (including distance learning), for individual students or 
     groups of students in schools and local educational agencies 
     that do not have the resources otherwise to provide such 
     course work.
       ``(c) Competitive Process.--A State receiving a grant under 
     this subpart shall distribute at least 95 percent of the 
     amount of the grant to local educational agencies through a 
     competitive process that results in an equitable distribution 
     by geographic area within the State.
       ``(d) Limitations on Use of Funds.--
       ``(1) Course work provided through emerging technologies.--
     Activities under subsection (b)(4) may include development of 
     curriculum packages, compensation of distance-learning 
     educators, or other relevant activities, but funds provided 
     under this subpart may not be used for the purchase or 
     upgrading of technological hardware.
       ``(2) Administrative costs.--A State receiving a grant 
     under this subpart may use not more than 5 percent of the 
     amount of the grant for State administrative costs.

     ``SEC. 10223. ALLOTMENTS TO STATES.

       ``(a) Reservation of Funds.--From the amount made available 
     to carry out this subpart for any fiscal year, the Secretary 
     shall reserve \1/2\ of 1 percent for the Secretary of the 
     Interior for programs under this subpart for teachers, other 
     staff, and administrators in schools operated or funded by 
     the Bureau of Indian Affairs.
       ``(b) State Allotments.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary shall allot the total amount made available to 
     carry out this subpart for any fiscal year and not reserved 
     under subsection (a) to the 50 States, the District of 
     Columbia, and the Commonwealth of Puerto Rico on the basis of 
     their relative populations of individuals aged 5 through 17, 
     as determined by the Secretary on the basis of the most 
     recent satisfactory data.
       ``(2) Minimum grant amount.--No State receiving an 
     allotment under paragraph (1) may receive less than \1/4\ of 
     1 percent of the total amount allotted under such paragraph.
       ``(c) Reallotment.--If any State does not apply for an 
     allotment under this section for any fiscal year, the 
     Secretary shall reallot such amount to the remaining States 
     in accordance with this section.

     ``SEC. 10224. APPLICATION.

       ``(a) In General.--To be eligible to receive a grant under 
     this subpart, a State shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may reasonably require.
       ``(b) Contents.--Each application under this section shall 
     include assurances that--
       ``(1) funds received under this subpart will be used to 
     support gifted and talented students in public schools and 
     public charter schools, including students from all economic, 
     ethnic, and racial backgrounds, students of limited English 
     proficiency, students with disabilities, and highly gifted 
     students;
       ``(2) not less than 95 percent of the amount of the funds 
     provided under the grant shall be used for the purpose of 
     making, in accordance with this subpart and on a competitive 
     basis, subgrants to local educational agencies;
       ``(3) funds received under this subpart shall be used only 
     to supplement, but not supplant, the amount of State and 
     local funds expended for specialized education and related 
     services provided for the education of gifted and talented 
     students; and
       ``(4) the State shall develop procedures to evaluate 
     program effectiveness.
       ``(c) Approval.--To the extent funds are made available for 
     this subpart, the Secretary shall approve an application of a 
     State if such application meets the requirements of this 
     section.

     ``SEC. 10225. ANNUAL REPORTING.

       ``Beginning 1 year after the date of the enactment of the 
     Student Results Act of 1999, a State receiving a grant under 
     this subpart shall submit an annual report to the Secretary 
     that describes the number of students served and the 
     activities supported with funds provided under this subpart. 
     The report shall include a description of the measures taken 
     to comply with paragraphs (1) and (4) of section 10224(b). To 
     the extent practicable and otherwise authorized by law, this 
     report shall be submitted as part of any consolidated State 
     performance report for State formula grant programs under 
     this Act.

   ``Subpart 3--National Center for Research and Development in the 
          Education of Gifted and Talented Children and Youth

     ``SEC. 10231. CENTER FOR RESEARCH AND DEVELOPMENT.

       ``(a) In General.--The Secretary (after consultation with 
     experts in the field of the education of gifted and talented 
     students) shall establish a National Center for Research and 
     Development in the Education of Gifted and Talented Children 
     and Youth through grants to or contracts with one or more 
     institutions of higher education or State educational 
     agencies, or a combination or consortium of such institutions 
     and agencies and other public or private agencies and 
     organizations, for the purpose of carrying out activities 
     described in section 10212(b)(1).
       ``(b) 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 institutions of higher 
     education, State or local educational agencies, or

[[Page H10469]]

     other public or private agencies and organizations.
       ``(c) Coordination.--Scientifically based research 
     activities supported under this subpart--
       ``(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 scientifically based 
     research activities which are jointly funded and carried out 
     with such Office.

                    ``Subpart 4--General Provisions

     ``SEC. 10241. 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. 10242. 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.

     ``SEC. 10243. DEFINITIONS.

       ``For purposes of this part:
       ``(1) The term `scientifically based research'--
       ``(A) means the application of rigorous, systematic, and 
     objective procedures to obtain valid knowledge relevant to 
     the education of gifted and talented children; and
       ``(B) shall include research that--
       ``(i) employs systematic, empirical methods that draw on 
     observation or experiment;
       ``(ii) involves rigorous data analyses that are adequate to 
     test the stated hypotheses and justify the general 
     conclusions drawn;
       ``(iii) relies on measurements or observational methods 
     that provide valid data across evaluators and observers and 
     across multiple measurements and observations; and
       ``(iv) has been accepted by a peer-reviewed journal or 
     approved by a panel of independent experts through a 
     comparably rigorous, objective, and scientific review.
       ``(2) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.

     ``SEC. 10244. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Subpart 1 or 2.--Subject to section 10203, there are 
     authorized to be appropriated $10,000,000 to carry out 
     subpart 1 or 2 for fiscal year 2000 and such sums as may be 
     necessary for each of fiscal years 2001 through 2004.
       ``(c) Subpart 3.--There are authorized to be appropriated 
     to carry out subpart 3 $1,950,000 for each of fiscal years 
     2000 through 2004.''.

                  TITLE VI--RURAL EDUCATION ASSISTANCE

     SEC. 601. RURAL EDUCATION.

       Part J of title X of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 8271 et seq.) is amended to read as 
     follows:

                  ``PART J--RURAL EDUCATION INITIATIVE

     ``SEC. 10951. SHORT TITLE.

       ``This part may be cited as the `Rural Education Initiative 
     Act of 1999'.

     ``SEC. 10952. FINDINGS.

       ``Congress finds the following:
       ``(1) The National Center for Educational Statistics 
     reports that 46 percent of our Nation's public schools serve 
     rural areas.
       ``(2) While there are rural education initiatives 
     identified at the State and local level, no Federal education 
     policy focuses on the specific and unique needs of rural 
     school districts and schools.
       ``(3) Small school districts often cannot use Federal grant 
     funds distributed by formula because the formula allocation 
     does not provide enough revenue to carry out the program the 
     grant is intended to fund.
       ``(4) Rural schools often cannot compete for Federal 
     funding distributed by competitive grants because the schools 
     lack the personnel needed to prepare grant applications and 
     the resources to hire specialists in the writing of Federal 
     grant proposals.
       ``(5) A critical problem for rural school districts 
     involves the hiring and retention of qualified administrators 
     and certified teachers (especially in reading, science, and 
     mathematics). As a result, teachers in rural schools are 
     almost twice as likely to provide instruction in 3 or more 
     subject areas than teachers in urban schools. Rural schools 
     also face other tough challenges, such as shrinking local tax 
     bases, high transportation costs, aging buildings, limited 
     course offerings, and limited resources.

              ``Subpart 1--Small and Rural School Program

     ``SEC. 10961. FORMULA GRANT PROGRAM AUTHORIZED.

       ``(a) Alternative Uses.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, an eligible local educational agency may use the 
     applicable funding, that the agency is eligible to receive 
     from the State educational agency for a fiscal year, to 
     support local or statewide education reform efforts intended 
     to improve the academic achievement of elementary school and 
     secondary school students and the quality of instruction 
     provided for the students.
       ``(2) Notification.--An eligible local educational agency 
     shall notify the State educational agency of the local 
     educational agency's intention to use the applicable funding 
     in accordance with paragraph (1) not later than a date that 
     is established by the State educational agency for the 
     notification.
       ``(b) Eligibility.--
       ``(1) In general.--A local educational agency shall be 
     eligible to use the applicable funding in accordance with 
     subsection (a) if--
       ``(A)(i) the total number of students in average daily 
     attendance at all of the schools served by the local 
     educational agency is less than 600; and
       ``(ii) all of the schools served by the local educational 
     agency are located in a community with a Rural-Urban 
     Continuum Code of 6, 7, 8, or 9, as determined by the 
     Secretary of Agriculture; or
       ``(B) the agency meets the criteria established in 
     subparagraph (A)(i) and the Secretary, in accordance with 
     paragraph (2), grants the local educational agency's request 
     to waive the criteria described in subparagraph (A)(ii).
       ``(2) Certification.--The Secretary shall determine whether 
     or not to waive the criteria described in paragraph 
     (1)(A)(ii) based on certification provided by the local 
     educational agency, or the State educational agency on behalf 
     of the local educational agency, that the local educational 
     agency is located in an area defined as rural by a 
     governmental agency of the State.
       ``(c) Applicable Funding.--In this section, the term 
     `applicable funding' means funds provided under each of 
     titles II, IV, VI, parts A and C of title VII, and part I of 
     title X.
       ``(d) Disbursal.--Each State educational agency that 
     receives applicable funding for a fiscal year shall disburse 
     the applicable funding to local educational agencies for 
     alternative uses under this section for the fiscal year at 
     the same time that the State educational agency disburses the 
     applicable funding to local educational agencies that do not 
     intend to use the applicable funding for such alternative 
     uses for the fiscal year.
       ``(e) Supplement Not Supplant.--Funds used under this 
     section shall be used to supplement and not supplant any 
     other Federal, State, or local education funds that would 
     otherwise be available for the purpose of this subpart.
       ``(f) Special Rule.--References in Federal law to funds for 
     the provisions of law set forth in subsection (c) may be 
     considered to be references to funds for this section.

     ``SEC. 10962. PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary is authorized to award 
     grants to eligible local educational agencies to enable the 
     local educational agencies to support local or statewide 
     education reform efforts intended to improve the academic 
     achievement of elementary school and secondary school 
     students and the quality of instruction provided for the 
     students.
       ``(b) Eligibility.--
       ``(1) In general.--A local educational agency shall be 
     eligible to receive a grant under this section if--
       ``(A)(i) the total number of students in average daily 
     attendance at all of the schools served by the local 
     educational agency is less than 600; and
       ``(ii) all of the schools served by the local educational 
     agency are located in a community with a Rural-Urban 
     Continuum Code of 6, 7, 8, or 9, as determined by the 
     Secretary of Agriculture; or
       ``(B) the agency meets the criteria established in 
     subparagraph (A)(i) and the Secretary, in accordance with 
     paragraph (2), grants the local educational agency's request 
     to waive the criteria described in subparagraph (A)(ii).
       ``(2) Certification.--The Secretary shall determine whether 
     or not to waive the criteria described in paragraph 
     (1)(A)(ii) based on certification provided by the local 
     educational agency, or the State educational agency on behalf 
     of the local educational agency, that the local educational 
     agency is located in an area defined as rural by a 
     governmental agency of the State.
       ``(c) Allocation.--
       ``(1) In general.--Except as provided in paragraph (3), the 
     Secretary shall award a grant to an eligible local 
     educational agency for a fiscal year in an amount equal to 
     the initial amount determined under paragraph (2) for the 
     fiscal year minus the total amount received under the 
     provisions of law described under section 10961(c) for the 
     preceding fiscal year.
       ``(2) Determination of the initial amount.--The initial 
     amount referred to in paragraph (1) is equal to $100 
     multiplied by the total number of students, over 50 students, 
     in average daily attendance in such eligible agency plus 
     $20,000, except that the initial amount may not exceed 
     $60,000.
       ``(3) Ratable adjustment.--
       ``(A) In general.--If the amount made available for this 
     subpart for any fiscal year is not sufficient to pay in full 
     the amounts that local educational agencies are eligible to 
     receive under paragraph (1) for such year, the Secretary 
     shall ratably reduce such amounts for such year.
       ``(B) Additional amounts.--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.
       ``(5) Census determination.--
       ``(A) In general.--Each local educational agency desiring a 
     grant under this section shall conduct a census not later 
     than December 1 of each year to determine the number of 
     kindergarten through grade 12 students in average daily 
     attendance at the schools served by the local educational 
     agency.
       ``(B) Submission.--Each local educational agency shall 
     submit the number described in subparagraph (A) to the 
     Secretary not later than March 1 of each year.
       ``(d) Disbursal.--The Secretary shall disburse the funds 
     awarded to a local educational agency under this section for 
     a fiscal year not later than July 1 of that year.

[[Page H10470]]

       ``(e) Special Rule.--A local educational agency that is 
     eligible to receive a grant under this subpart for a fiscal 
     year shall be ineligible to receive funds for such fiscal 
     year under subpart 2.
       ``(f) Supplement Not Supplant.--Funds made available under 
     this section shall be used to supplement and not supplant any 
     other Federal, State or local education funds.

     ``SEC. 10963. ACCOUNTABILITY.

       ``(a) Academic Achievement.--
       ``(1) In general.--Each local educational agency that uses 
     or receives funds under section 10961 or 10962 for a fiscal 
     year shall administer an assessment consistent with section 
     1111 of title I.
       ``(2) Special rule.--Each local educational agency that 
     uses or receives funds under section 10961 or 10962 shall use 
     the same assessment described in paragraph (1) for each year 
     of participation in the program under such section.
       ``(b) State Educational Agency Determination Regarding 
     Continuing Participation.--Each State educational agency that 
     receives funding under the provisions of law described in 
     section 10961(c) shall--
       ``(1) after the 2d year that a local educational agency 
     participates in a program under section 10961 or 10962 and on 
     the basis of the results of the assessments described in 
     subsection (a), determine whether the students served by the 
     local educational agency participating in the program 
     performed in accordance with section 1111 of title I; and
       ``(2) only permit those local educational agencies that so 
     participated and met the requirements of section 1111(b)(2) 
     of title I to continue to so participate.

            ``Subpart 2--Low-Income And Rural School Program

     ``SEC. 10971. PROGRAM AUTHORIZED.

       ``(a) Reservations.--From amounts appropriated under 
     section 10982 for this subpart for a fiscal year, the 
     Secretary shall reserve \1/2\ of 1 percent to make awards to 
     elementary or secondary schools operated or supported by the 
     Bureau of Indian Affairs to carry out the purpose of this 
     subpart.
       ``(b) Grants to States.--
       ``(1) In general.--From amounts appropriated under section 
     10982 for this subpart that are not reserved under subsection 
     (a), the Secretary shall award grants for a fiscal year to 
     State educational agencies that have applications approved 
     under section 10973 to enable the State educational agencies 
     to award subgrants to eligible local educational agencies for 
     local authorized activities described in subsection (c)(2).
       ``(2) Allocation.--From amounts appropriated for this 
     subpart, the Secretary shall allocate to each State 
     educational agency for a fiscal year an amount that bears the 
     same ratio to the amount of funds appropriated under section 
     10982 for this subpart that are not reserved under subsection 
     (a) as the number of students in average daily attendance 
     served by eligible local educational agencies in the State 
     bears to the number of all such students served by eligible 
     local educational agencies in all States for that fiscal 
     year.
       ``(3) Direct awards to specially qualified agencies.--
       ``(A) Nonparticipating state.--If a State educational 
     agency elects not to participate in the program under this 
     subpart or does not have an application approved under 
     section 10973 a specially qualified agency in such State 
     desiring a grant under this subpart shall apply directly to 
     the Secretary to receive an award under this subpart.
       ``(B) Direct awards to specially qualified agencies.--The 
     Secretary may award, on a competitive basis, the amount the 
     State educational agency is eligible to receive under 
     paragraph (2) directly to specially qualified agencies in the 
     State.
       ``(c) Local Awards.--
       ``(1) Eligibility.--A local educational agency shall be 
     eligible to receive funds under this subpart if--
       ``(A) 20 percent or more of the children aged 5 to 17, 
     inclusive, served by the local educational agency are from 
     families with incomes below the poverty line; and
       ``(B) all of the schools served by the agency are located 
     in a community with a Rural-Urban Continuum Code of 6, 7, 8, 
     or 9, as determined by the Secretary of Agriculture.
       ``(2) Uses of funds.--Grant funds awarded to local 
     educational agencies or made available to schools under this 
     subpart shall be used for--
       ``(1) educational technology, including software and 
     hardware;
       ``(2) professional development;
       ``(3) technical assistance;
       ``(4) teacher recruitment and retention;
       ``(5) parental involvement activities; or
       ``(6) academic enrichment programs.

     ``SEC. 10972. STATE DISTRIBUTION OF FUNDS.

       ``(a) Award Basis.--A State educational agency shall award 
     grants to eligible local educational agencies--
       ``(1) on a competitive basis; or
       ``(2) according to a formula based on the number of 
     students in average daily attendance served by the eligible 
     local educational agencies or schools (as appropriate) in the 
     State, as determined by the State.
       ``(b) Administrative Costs.--A State educational agency 
     receiving a grant under this subpart may not use more than 5 
     percent of the amount of the grant for State administrative 
     costs.

     ``SEC. 10973. APPLICATIONS.

       ``Each State educational agency and specially qualified 
     agency desiring to receive 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 require. Such application shall include specific 
     measurable goals and objectives to be achieved which may 
     include specific educational goals and objectives relating to 
     increased student academic achievement, decreased student 
     drop-out rates, or such other factors that the State 
     educational agency or specially qualified agency may choose 
     to measure.

     ``SEC. 10974. REPORTS.

       ``(a) State Reports.--Each State educational agency that 
     receives a grant under this subpart shall provide an annual 
     report to the Secretary. The report shall describe--
       ``(1) the method the State educational agency used to award 
     grants to eligible local educational agencies and to provide 
     assistance to schools under this subpart;
       ``(2) how local educational agencies and schools used funds 
     provided under this subpart; and
       ``(3) the degree to which progress has been made toward 
     meeting the goals and objectives described in the application 
     submitted under section 10973.
       ``(b) Specially Qualified Agency Report.--Each specially 
     qualified agency that receives a grant under this subpart 
     shall provide an annual report to the Secretary. Such report 
     shall describe--
       ``(1) how such agency uses funds provided under this 
     subpart; and
       ``(2) the degree to which progress has been made toward 
     meeting the goals and objectives described in the application 
     submitted under section 10971(b)(4)(A).
       ``(c) Report to Congress.--The Secretary shall prepare and 
     submit to the Committee on Education and the Workforce for 
     the House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions for the Senate an annual 
     report. The report shall describe--
       ``(1) the methods the State educational agency used to 
     award grants to eligible local educational agencies and to 
     provide assistance to schools under this subpart;
       ``(2) how eligible local educational agencies and schools 
     used funds provided under this subpart; and
       ``(3) progress made in meeting specific measurable 
     educational goals and objectives.

     ``SEC. 10975. DEFINITIONS.

       ``For the purposes of this subpart--
       ``(1) The term `poverty line' means the 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 (42 U.S.C. 9902(2))) applicable to a 
     family of the size involved.
       ``(2) The term `specially qualified agency' means an 
     eligible local educational agency, located in a State that 
     does not participate in a program under this subpart in a 
     fiscal year, that may apply directly to the Secretary for a 
     grant in such year in accordance with section 10971(b)(4).

                    ``Subpart 3--General Provisions

     ``SEC. 10981. 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.

     ``SEC. 10982. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $125,000,000 for fiscal year 2000 and such sums as may 
     be necessary for each of 4 succeeding fiscal years to be 
     distributed equally between subparts 1 and 2.''.

    TITLE VII--MCKINNEY HOMELESS EDUCATION IMPROVEMENTS ACT OF 1999

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Stewart B. McKinney 
     Homeless Education Assistance Improvements Act of 1999''.

     SEC. 702. FINDINGS.

       Congress makes the following findings:
       (1) An estimated 1,000,000 children in the United States 
     will experience homelessness this year.
       (2) Homelessness has a devastating impact on the 
     educational opportunities of children and youth; homeless 
     children go hungry at more than twice the rate of other 
     children; have 4 times the rate of delayed development; and 
     are twice as likely to repeat a grade.
       (3) Despite steady progress in school enrollment and 
     attendance resulting from the passage in 1987 of the Stewart 
     B. McKinney Homeless Assistance Act, homeless students still 
     face numerous barriers to education, including residency, 
     guardianship and registration requirements, as well as delays 
     in the transfer of school records, and inadequate 
     transportation service.
       (4) School is one of the few secure factors in the lives of 
     homeless children and youth, providing stability, structure, 
     and accomplishment during a time of great upheaval.
       (5) Homeless children and youth need to remain in school so 
     that they acquire the skills necessary to escape poverty and 
     lead productive, healthy lives as adults.
       (6) In the 12 years since the passage of the McKinney Act, 
     educators and service providers have learned much about 
     policies and practices which help remove the barriers 
     described.

     SEC. 703. PURPOSE.

       The purpose of this title is to strengthen subtitle B of 
     title VII of the Stewart B. McKinney Homeless Assistance Act 
     (42 U.S.C. 11431 et seq.) by amending it--
       (1) to include innovative practices, proven to be effective 
     in helping homeless children and youth enroll, attend, and 
     succeed in school; and
       (2) to help ensure that such individuals receive a quality 
     education and secure their chance for a brighter future.

     SEC. 704. EDUCATION FOR HOMELESS CHILDREN AND YOUTH.

       Subtitle B of title VII of the Stewart B. McKinney Homeless 
     Education Assistance Act

[[Page H10471]]

     (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 Congress that--
       ``(1) each State educational agency ensure that each child 
     of a homeless individual and each homeless youth has equal 
     access to the same free, 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 review and undertake steps to revise such 
     laws, regulations, practices, or policies to ensure that 
     homeless children and youth are afforded the same free, 
     public education as provided to other children and youth;
       ``(3) homelessness alone is not 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 United States Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of the Northern Mariana 
     Islands, according to their respective need for assistance 
     under this subtitle, as determined by the Secretary.
       ``(B)(i) The Secretary shall 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 United States Virgin Islands, 
     Guam, American Samoa, and the Commonwealth of the Northern 
     Mariana Islands.
       ``(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 homeless children, and 
     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, as 
     the subtitle was then in effect, 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, as the 
     subtitle was then in effect, 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.
       ``(3) Prohibition on segregating homeless students.--
       ``(A) In general.--Except as provided in subparagraph (B) 
     and section 723(a)(2)(B)(ii), in providing a free, public 
     education to a homeless child or youth, no State receiving 
     funds under this subtitle shall segregate such child or 
     youth, either in a separate school, or in a separate program 
     within a school, based solely on such child or youth's status 
     as homeless.
       ``(B) Exception.--A State that has established a separate 
     school for homeless children in the fiscal year preceding the 
     date of the enactment of the Stewart B. McKinney Homeless 
     Education Assistance Improvement Act of 1999 shall remain 
     eligible to receive funds under this subtitle for such 
     program.
       ``(f) Functions of the Office of Coordinator.--The 
     Coordinator of Education of Homeless Children and Youth 
     established in each State shall--
       ``(1) 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;
       ``(2) develop and carry out the State plan described in 
     subsection (g);
       ``(3) collect and transmit to the Secretary, information 
     gathered pursuant to paragraphs (1) and (2), at such time and 
     in such manner as the Secretary may require;
       ``(4) 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
       ``(5) in order to improve the provision of comprehensive 
     education and related services to homeless children and youth 
     and their families, coordinate and collaborate with--
       ``(A) educators, including child development and preschool 
     program personnel;
       ``(B) providers of services to homeless and runaway 
     children and youth and homeless families (including domestic 
     violence agencies, shelter operators, transitional housing 
     facilities, runaway and homeless youth centers, and 
     transitional living programs for homeless youth);
       ``(C) local educational agency liaisons for homeless 
     children and youth; and
       ``(D) community organizations and groups representing 
     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, enrollment 
     personnel, and pupil services 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)(3);
       ``(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 
     shall 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 assurances that--
       ``(i) except as provided in subsection (e)(3)(B), State and 
     local educational agencies will adopt policies and practices 
     to ensure that homeless children and youth are not segregated 
     solely on the basis of their status as homeless; and
       ``(ii) designate an appropriate staff person, who may also 
     be a coordinator for other Federal

[[Page H10472]]

     programs, as a liaison for homeless children and youth.
       ``(2) Compliance.--Each plan adopted under this subsection 
     shall also demonstrate 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) In general.--Each local educational agency serving a 
     homeless child or youth 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 duration of their homelessness;
       ``(II) if the child becomes permanently housed, for the 
     remainder of the academic year; or
       ``(III) 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 public school that 
     nonhomeless students who live in the attendance area in which 
     the child or youth is actually living are eligible to attend.
       ``(B) Best interest.--In determining the best interest of 
     the child or youth under subparagraph (A), the local 
     educational agency shall keep, to the extent feasible, a 
     homeless child or youth in the school of origin, except when 
     doing so is contrary to the wishes of the child's or youth's 
     parent or guardian.
       ``(C) Enrollment.--(i) Except as provided in clause (iii), 
     a school that a homeless child seeks to enroll in shall, in 
     accordance with this paragraph, immediately enroll the 
     homeless child or youth even if the child or youth is unable 
     to produce records normally required for enrollment, such as 
     previous academic records, proof of residency, or other 
     documentation.
       ``(ii) The enrolling school shall immediately contact the 
     school last attended by the child or youth to obtain relevant 
     academic and other records.
       ``(iii) A school described in clause (i) is not required to 
     accept a homeless child until the school receives the 
     immunization records for such child. If the child or youth 
     needs to obtain immunizations, the enrolling school shall 
     promptly refer parent or guardian of the child or youth to 
     the appropriate authorities. If a child is denied enrollment 
     because of the lack of immunization records, the school 
     denying such enrollment shall refer the parents of the 
     homeless child or youth to the liaison in accordance with 
     subparagraph (E).
       ``(D) 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--
       ``(i) so that the records are available, in a timely 
     fashion, when a child or youth enters a new school district; 
     and
       ``(ii) in a manner consistent with section 444 of the 
     General Education Provisions Act.
       ``(E) Enrollment disputes.--If there is a dispute over 
     school selection or enrollment--
       ``(i) except as provided in subparagraph (C)(iii), the 
     child or youth shall be immediately admitted to the school in 
     which enrollment is sought, pending resolution of the 
     dispute;
       ``(ii) the parent or guardian shall be provided with a 
     written explanation of the school's decision regarding 
     enrollment, including the right to appeal the decision; and
       ``(iii) the parent or guardian shall be referred to the 
     liaison, who shall carry out the dispute resolution process 
     as described in paragraph (6)(D) as expeditiously as 
     possible, after receiving notice of the dispute.
       ``(F) Placement choice.--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.
       ``(G) Definition.--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.
       ``(H) Contact information.--Nothing in this subtitle shall 
     prohibit a local educational agency from requiring a parent 
     or guardian of a homeless child to submit contact information 
     required by the local educational agency of a parent or 
     guardian of a nonhomeless child.
       ``(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 (20 U.S.C. 6301 et seq.) 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 and technical education;
       ``(D) programs for gifted and talented students; and
       ``(E) school nutrition programs.
       ``(5) Coordination.--
       ``(A) In general.--Each local educational agency serving 
     homeless children and youth that receives assistance under 
     this subtitle shall coordinate the provision of services 
     under this subtitle with local social services agencies and 
     other agencies or programs providing services to homeless 
     children and youth and their families, including services and 
     programs funded under the Runaway and Homeless Youth Act. (42 
     U.S.C. 5701 et seq.).
       ``(B) Housing assistance.--If 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-Gonzales National Affordable Housing Act (42 U.S.C. 
     12705) to minimize educational disruption for children and 
     youth who become homeless.
       ``(C) Coordination purpose.--The coordination required 
     under subparagraphs (A) and (B) shall be designed to--
       ``(i) ensure that homeless children and youth have access 
     to available education and related support services; and
       ``(ii) raise the awareness of school personnel and service 
     providers of the effects of short-term stays in a shelter and 
     other challenges associated with homeless children and youth.
       ``(6) Liaison.--
       ``(A) Duties.--Each local liaison for homeless children and 
     youth, designated pursuant to subsection (g)(1)(H)(ii), shall 
     ensure that--
       ``(i) homeless children and youth enroll in, and have an 
     equal opportunity to succeed in, schools of that agency;
       ``(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;
       ``(iii) the parents or guardians of homeless children and 
     youth are informed of the education and related opportunities 
     available to their children and are provided with meaningful 
     opportunities to participate in the education of their 
     children; and
       ``(iv) public notice of the educational rights of homeless 
     children and youth is disseminated where such children and 
     youth receive services under this Act (such as family 
     shelters and soup kitchens).
       ``(B) Notice.--State coordinators and local educational 
     agencies shall inform school personnel, service providers, 
     and advocates working with homeless families of the duties of 
     the liaisons.
       ``(C) Local and state coordination.--Local educational 
     agency liaisons for homeless children and youth shall, as a 
     part of their duties, coordinate and collaborate with State 
     coordinators and community and school personnel responsible 
     for the provision of education and related services to 
     homeless children and youth.
       ``(D) Dispute resolution.--Unless another individual is 
     designated by State law, the local educational agency 
     liaisons for homeless children and youth shall provide 
     resource information and assist in resolving disputes under 
     this subtitle, should they arise.
       ``(7) Review and revisions.--
       ``(A) In general.--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).
       ``(B) Consideration.--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.
       ``(C) Special attention.--Special attention shall be given 
     to ensuring the enrollment and attendance of homeless 
     children and youth who are not currently attending school.

     ``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.--
       ``(A) In general.--Services under paragraph (1)--
       ``(i) may be provided through programs on school grounds or 
     at other facilities;
       ``(ii) shall, to the maximum extent practicable, be 
     provided through existing programs and mechanisms that 
     integrate homeless children and youth with nonhomeless 
     children and youth; and
       ``(iii) shall be designed to expand or improve services 
     provided as part of a school's regular academic program, but 
     not replace that program.
       ``(B) Services on school grounds.--If services under 
     paragraph (1) are provided on school grounds, schools--
       ``(i) may use funds under this subtitle to provide the same 
     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, subject to the requirements of 
     clause (ii).
       ``(ii) except as otherwise provided in section 
     722(e)(3)(B), shall not provide services in settings within a 
     school that segregates homeless children and youth from other 
     children and youth except as is necessary for short periods 
     of time--

       ``(I) for health and safety emergencies; or
       ``(II) to provide temporary, special, supplementary 
     services to meet the unique needs of homeless children and 
     youth.

       ``(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

[[Page H10473]]

     reasonably require. Each such application shall include--
       ``(1) an assessment of the educational and related needs of 
     homeless children and youth in such agency (which may be 
     undertaken as a part of needs assessments for other 
     disadvantaged groups);
       ``(2) 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;
       ``(3) 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;
       ``(4) an assurance that the applicant complies with, or 
     will use requested funds to comply with, paragraphs (3) 
     through (7) of section 722(g); and
       ``(5) a description of policies and procedures, consistent 
     with section 722(e)(3)(B), 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 the requirements of this subtitle and from 
     amounts made available to it under section 726, make 
     competitive subgrants that result in an equitable 
     distribution of geographic areas within the State to local 
     educational agencies that submit applications under 
     subsection (b). Such subgrants shall be awarded on the basis 
     of the need of such agencies for assistance under this 
     subtitle and the quality of the applications submitted.
       ``(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, and meets the requirements of 
     section 722(g)(3);
       ``(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 State agency determines 
     appropriate.
       ``(3) Quality.--In determining the quality of applications 
     under paragraph (1), the State educational agency shall 
     consider--
       ``(A) the applicant's needs assessment under subsection 
     (b)(1) and the likelihood that the program presented in the 
     application will meet such needs;
       ``(B) the types, intensity, and coordination of the 
     services to be provided under the program;
       ``(C) the involvement of parents or guardians;
       ``(D) the extent to which homeless children and youth will 
     be integrated within the regular education program;
       ``(E) the quality of the applicant's evaluation plan for 
     the program;
       ``(F) the extent to which services provided under this 
     subtitle will be coordinated with other available services; 
     and
       ``(G) such other measures as the State educational agency 
     considers indicative of a high-quality program.
       ``(4) 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 and 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 and technical 
     education, and school nutrition 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)(A), 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) if 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 plan 
     submitted by a State educational agency 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, if requested by the 
     State educational agency.
       ``(c) Report.--The Secretary shall develop and issue not 
     later than 60 days after the date of enactment of the Stewart 
     B. McKinney Homeless Education Assistance Improvements Act of 
     1999, a report to be made available to States, local 
     educational agencies, and other applicable agencies regarding 
     the following:
       ``(1) Enrollment.--Such report shall review successful ways 
     in which a State may assist local educational agencies to 
     enroll homeless students on an immediate basis. The report 
     issued by the Secretary shall--
       ``(A) clarify that enrollment includes a homeless child's 
     or youth's right to actually attend school; and
       ``(B) clarify requirements that States are to review 
     immunization and medical or school records and to make such 
     revisions as appropriate and necessary in order to enroll 
     homeless students in school more quickly.
       ``(2) Transportation.--The report shall also address the 
     transportation needs of homeless students. The report issued 
     by the Secretary shall--
       ``(A) explicitly state that the goal of the transportation 
     provisions contained in this Act is to provide educational 
     stability by reducing mobility and therefore provide an 
     effective learning environment for homeless children; and
       ``(B) encourage States to follow programs implemented in 
     State law that have successfully addressed transportation 
     barriers for homeless children.
       ``(d) 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.
       ``(e) 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.
       ``(f) Determination by Secretary.--The Secretary, based on 
     the information received from the States and information 
     gathered by the Secretary under subsection (e), 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).
       ``(g) Information.--
       ``(1) In general.--From funds appropriated under section 
     726, the Secretary shall, either directly or through grants, 
     contracts, or cooperative agreements, periodically collect 
     and disseminate data and information regarding--
       ``(A) the number and location of homeless children and 
     youth;
       ``(B) the education and related services such children and 
     youth receive;
       ``(C) the extent to which such needs are being met; and
       ``(D) such other data and information as the Secretary 
     deems necessary and relevant to carry out this subtitle.
       ``(2) Coordination.--The Secretary shall coordinate such 
     collection and dissemination with

[[Page H10474]]

     other agencies and entities that receive assistance and 
     administer programs under this subtitle.
       ``(h) Report.--Not later than 4 years after the date of the 
     enactment of the Stewart B. McKinney Homeless Education 
     Assistance Improvement Act of 1999, the Secretary shall 
     prepare and submit to the President and the Committee on 
     Education and the Workforce of the House of Representatives 
     and the Committee on Health, Education, Labor, and Pensions 
     of the Senate a report on the status of education of homeless 
     children and youth, which shall include information on--
       ``(1) the education of homeless children and youth; and
       ``(2) the effectiveness of the programs supported under 
     this subtitle.

     ``SEC. 725. DEFINITIONS.

       ``For the purpose of this subtitle, unless otherwise 
     stated--
       ``(1) the terms `local educational agency' and `State 
     educational agency' have the same meanings given such terms 
     under section 14101, of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8801);
       ``(2) the term ``Secretary'' means the Secretary of 
     Education; and
       ``(3) 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 $36,000,000 for fiscal year 
     2000 and such sums as may be necessary for each of the fiscal 
     years 2001 through 2004.''.

               TITLE VIII--SCHOOLWIDE PROGRAM ADJUSTMENT

     SEC. 801. SCHOOLWIDE FUNDS.

       The Act is amended by adding at the end the following:

               ``TITLE XVI--SCHOOLWIDE PROGRAM ADJUSTMENT

     ``SEC. 16001. SCHOOLWIDE PROGRAM ADJUSTMENT.

       ``Notwithstanding the provisions of section 1114, a local 
     educational agency may consolidate funds under part A of 
     title I, together with other Federal, State, and local funds, 
     in order to upgrade the entire educational program of a 
     school that serves an eligible school attendance area in 
     which not less than 40 percent of the children are from low-
     income families, or not less than 40 percent of the children 
     enrolled in the school are from such families.''.

  The CHAIRMAN. The bill shall be considered under the 5-minute rule 
for a period not to exceed 6 hours.
  No amendment to that amendment shall be in order except those printed 
in the portion of the Congressional Record designated for that purpose 
and pro forma amendments for the purpose of debate. Amendments printed 
in the Record may be offered only by the Member who caused it to be 
printed or his designee and shall be considered read.
  Amendment number 5 shall not be subject to amendment and shall not be 
subject to a demand for division of the question.
  The Chairman of the Committee of the Whole may postpone a request for 
a recorded vote on any amendment and may reduce to a minimum of 5 
minutes the time for voting on any postponed question that immediately 
follows another vote, provided that the time for voting on the first 
question shall be a minimum of 15 minutes.
  Are there any amendment to the bill?


                Amendment No. 5 Offered by Mr. Goodling

  Mr. GOODLING. Madam Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. Goodling:
       In section 1112(b) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     106 of the bill--
       (1) in paragraph (10), by striking the ``and'' after the 
     semicolon;
       (2) in paragraph (11), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(12) a description of the criteria established by the 
     local educational agency pursuant to section 1119(b)(1).
       In section 1124(c)(1) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     121 of the bill--
       (1) in subparagraph (A), strike ``and'' after the 
     semicolon;
       (2) in subparagraph (B), strike the period and insert ``; 
     and''; and
       (3) add at the end the following:
       ``(C) 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 (4).''.
       In section 1124(c)(4) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     121 of the bill--
       (1) insert before the first sentence the following: ``For 
     the 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 a 
     State program funded under part A of 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.'';
       (2) in the first sentence after the sentence inserted by 
     paragraph (1)--
       (A) insert ``the number of such children and'' after 
     ``determine''; and
       (B) insert ``(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)'' after ``fiscal year''.
       Amend subparagraph (C) of section 1701(b)(2) of the 
     Elementary and Secondary Education Act of 1965, as proposed 
     to be amended by section 171 of the bill, to read as follows:
       ``(C) Reallocation.--If a State does not apply for funds 
     under this section, the Secretary shall reallocate such funds 
     to other States that do apply in proportion to the amount 
     allocated to such States under subparagraph (B).''.
       In section 5204(a) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be added by section 201 
     of the bill--
       (1) in paragraph (1), insert ``the design and development 
     of new strategies for overcoming transportation barriers,'' 
     after ``effective public school choice''; and
       (2) in paragraph (2)(A), after ``inter-district'' insert 
     ``or intra-district''; and
       (3) amend subparagraph (E) to read as follows:
       ``(E) public school choice programs that augment the 
     existing transportation services necessary to meet the needs 
     of children participating in such programs.''.
       In section 5204(b) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be added by section 201 
     of the bill--
       (1) in paragraph (1), after the semicolon insert ``and'';
       (2) strike paragraph (2); and
       (3) redesignate paragraph (3) as paragraph (2).
       In section 9116(c) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     401 of the bill--
       (1) insert ``funds for'' after ``(b) shall include''; and
       (2) strike ``, or portion thereof,'' and insert 
     ``exclusively serving Indian children or the funds reserved 
     under any program to exclusively serve Indian children''.
       In section 15004(a)(2) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     301 of the bill, strike ``state, or federal laws, rules or 
     regulations'' and insert ``State, and Federal laws, rules and 
     regulations''.
       In section 1121(c)(1) of the Education Amendments of 1978, 
     as proposed to be amended by section 410 of the bill, strike 
     ``1 year'' and insert ``2 years''.
       In the heading for section 1123 of the Education Amendments 
     of 1978, as proposed to be amended by section 410 of the 
     bill, insert ``CODIFICATION OF'' before ``REGULATIONS''.
       In section 1126(b) of the Education Amendments of 1978, as 
     proposed to be amended by section 410 of the bill, strike 
     ``maintenance to schools'' and insert ``maintenance of 
     schools''.
       In the heading for section 1138(b)(2) of the Education 
     Amendments of 1978, as proposed to be amended by section 410 
     of the bill, strike ``General'' and all that follows through 
     the semicolon.
       In section 1138(b)(2) of the Education Amendments of 1978, 
     as proposed to be amended by section 410 of the bill, strike 
     ``Regulations required'' and all that follows through ``Such 
     regulations shall'' and insert ``Regulations issued to 
     implement this Act shall''.
       In section 1138A(b)(1) of the Education Amendments of 1978, 
     as proposed to be amended by section 410 of the bill, strike 
     ``, provided that the'' and all that follow through the end 
     of the paragraph and insert a period.
       In section 1138A(b) of the Education Amendments of 1978, as 
     proposed to be amended by section 410 of the bill, 
     redesignate paragraph (2) as paragraph (3), and insert the 
     following new paragraph (2) after paragraph (1):
       ``(2) Notification to congress.--If draft regulations 
     implementing this part and the Tribally Controlled Schools 
     Act of 1988 are not issued in final form by the deadline 
     provided in paragraph (1), the Secretary shall notify the 
     appropriate committees of Congress of which draft regulations 
     were not issued in final form by the deadline and the reason 
     such final regulations were not issued.
       In section 5209(a) of Public Law 100-297, as proposed to be 
     amended by section 420 of the bill--
       (1) strike ``106(f)'' and insert ``106(e)'';
       (2) strike ``106(j)'' and insert ``106(i)''; and
       (3) strike ``106(k)'' and insert ``106(j)''.
       In section 722(g)(3)(C) of the Stewart B. McKinney Homeless 
     Education Assistance Act (42 U.S.C. 11432(g)(3)(C)), as 
     proposed to be amended by section 704 of the bill--
       (1) in clause (i), strike ``Except as provided in clause 
     (iii), a'' and insert ``A''; and
       (2) amend clause (iii) to read as follows:
       ``(iii) ``If the child or youth needs to obtain 
     immunizations or immunization records, the enrolling school 
     shall immediately refer the parent or guardian of the child 
     or youth to the liaison who shall assist in obtaining 
     necessary immunizations or immunization

[[Page H10475]]

     records in accordance with subparagraph (E).''

       In section 722(g)(3)(E)(i) of the Stewart B. McKinney 
     Homeless Education Assistance Act (42 U.S.C. 
     11432(g)(3)(E)(i)), as proposed to be amended by section 704 
     of the bill, strike ``except as provided in subparagraph 
     (C)(iii),''.
       In section 1112(g) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     106(f) of the bill strike paragraph (2)(A) and insert the 
     following:
       ``(2) Consent.--
       ``(A) Agency requirements.--
       ``(i) Informed consent.--For a child who has been 
     identified as limited English proficient prior to the 
     beginning of the school year, each local educational agency 
     that receives funds under this part shall obtain informed 
     parental consent prior to the placement of a child in an 
     English language instruction program for limited English 
     proficient children funded under this part, if--
       ``(I) the program does not include classes which 
     exclusively or almost exclusively use the English language in 
     instruction; or
       ``(II) instruction is tailored for limited English 
     proficient children.
       ``(ii) Written consent not obtained.--If written consent is 
     not obtained, the local educational agency shall maintain a 
     written record that includes the date and the manner in which 
     such informed consent was obtained.
       ``(iii) Response not obtained.--
       ``(I) In general.--If a response cannot be obtained after a 
     reasonable and substantial effort has been made to obtain 
     such consent, the local educational agency shall document, in 
     writing, that it has given such notice and its specific 
     efforts made to obtain such consent.
       ``(II) Delivery of proof of documentation.--The proof of 
     documentation shall be mailed or delivered in writing to the 
     parents or guardian of the child prior to placing the child 
     in a program described under subparagraph (A), and shall 
     include a final notice requesting parental consent for such 
     services. After such documentation has been mailed or 
     delivered in writing, the LEA shall provide appropriate 
     educational services.
       ``(III) Special rule applicable during school year.--A 
     local educational agency may obtain parental consent under 
     this clause only for children who have not been identified as 
     limited English proficient prior to the beginning of the 
     school year. For such children the agency shall document, in 
     writing, its specific efforts made to obtain such consent 
     prior to placing the child in a program described in 
     subparagraph (A). After such documentation has been made, the 
     local educational agency shall provide appropriate 
     educational services to such child. The proof of 
     documentation shall be mailed or delivered in writing to the 
     parents or guardian of the child in a timely manner and shall 
     include information on how to have their child immediately 
     removed from the program upon their request. This clause 
     shall not be construed as exempting a local educational 
     agency from complying with the requirements of this 
     subparagraph.
       At the end of the bill, add the following:

    TITLE IX--EDUCATION OF LIMITED ENGLISH PROFICIENT CHILDREN AND 
                     EMERGENCY IMMIGRANT EDUCATION

     SEC. 901. PROGRAMS AUTHORIZED.

       Title VII of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7401 et seq.) is amended to read as follows:

   ``TITLE VII--EDUCATION OF LIMITED ENGLISH PROFICIENT CHILDREN AND 
                     EMERGENCY IMMIGRANT EDUCATION

                  ``PART A--ENGLISH LANGUAGE EDUCATION

     ``SEC. 7101. SHORT TITLE.

       ``This part may be cited as the `English Language 
     Proficiency and Academic Achievement Act'.

     ``SEC. 7102. FINDINGS AND PURPOSES.

       ``(a) Findings.--The Congress finds that--
       ``(1) English is the common language of the United States 
     and every citizen and other person residing in the United 
     States should have a command of the English language in order 
     to develop to their full potential;
       ``(2) limited English proficient children must overcome a 
     number of challenges in receiving an education in order to 
     enable such children 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 need for additional teachers and other staff who 
     are professionally trained and qualified to serve such 
     children;
       ``(3) States and local educational agencies need assistance 
     in developing the capacity to provide programs of instruction 
     that offer and provide an equal educational opportunity to 
     children who need special assistance because English is not 
     their dominant language;
       ``(4) 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;
       ``(5) 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 
     educational agencies take appropriate action to provide equal 
     educational opportunities to children of limited English 
     proficiency; and
       ``(6) research, evaluation, and data collection 
     capabilities in the field of instruction for limited English 
     proficient children need to be strengthened so that educators 
     and other staff teaching limited English proficient children 
     in the classroom can better identify and promote programs, 
     program implementation strategies, and instructional 
     practices that result in the effective education of limited 
     English proficient children.
       ``(b) Purposes.--The purposes of this part are--
       ``(1) to help ensure that children who are limited English 
     proficient attain English proficiency, develop high levels of 
     academic attainment in English, and meet the same challenging 
     State content standards and challenging State student 
     performance standards expected of all children; and
       ``(2) to develop high quality programs designed to assist 
     local educational agencies in teaching limited English 
     proficient children.

     ``SEC. 7103. PARENTAL NOTIFICATION AND CONSENT FOR ENGLISH 
                   LANGUAGE INSTRUCTION.

       ``(a) Notification.--If a local educational agency uses 
     funds under this part to provide English language instruction 
     to limited English proficient children, the agency shall 
     inform a parent or the parents of a child participating in an 
     English language instruction program for limited English 
     proficient children assisted under this part of--
       ``(1) the reasons for the identification of the child as 
     being in need of English language instruction;
       ``(2) the child's level of English proficiency, how such 
     level was assessed, and the status of the child's academic 
     achievement;
       ``(3) how the English language instruction program will 
     specifically help the child acquire English and meet age-
     appropriate standards for grade promotion and graduation;
       ``(4) what the specific exit requirements are for the 
     program;
       ``(5) the expected rate of transition from the program into 
     a classroom that is not tailored for limited English 
     proficient children; and
       ``(6) the expected rate of graduation from high school for 
     the program if funds under this part are used for children in 
     secondary schools.
         ``(b) Consent.--
         ``(1) Agency requirements.--
         ``(A) Informed consent.--For a child who has been 
     identified as limited English proficient prior to the 
     beginning of the school year, each local educational agency 
     that receives funds under this part shall obtain informed 
     parental consent prior to the placement of a child in an 
     English language instruction program for limited English 
     proficient children funded under this part, if--
         ``(i) the program does not include classes which 
     exclusively or almost exclusively use the English language in 
     instruction; or
         ``(ii) instruction is tailored for limited English 
     proficient children.
         ``(B) Written consent not obtained.--If written consent 
     is not obtained, the local educational agency shall maintain 
     a written record that includes the date and the manner in 
     which such informed consent was obtained.
         ``(C) Response not obtained.--
         ``(i) In general.--If a response cannot be obtained after 
     a reasonable and substantial effort has been made to obtain 
     such consent, the local educational agency shall document, in 
     writing, that it has given such notice and its specific 
     efforts made to obtain such consent.
         ``(ii) Delivery of proof of documentation.--The proof of 
     documentation shall be mailed or delivered in writing to the 
     parents or guardian of the child prior to placing the child 
     in a program described under subparagraph (A), and shall 
     include a final notice requesting parental consent for such 
     services. After such documentation has been mailed or 
     delivered in writing, the LEA shall provide appropriate 
     educational services.
         ``(iii) Special rule applicable during school year.--A 
     local educational agency may obtain parental consent under 
     this clause only for children who have not been identified as 
     limited English proficient prior to the beginning of the 
     school year. For such children the agency shall document, in 
     writing, its specific efforts made to obtain such consent 
     prior to placing the child in a program described in 
     subparagraph (A). After such documentation has been made, the 
     local educational agency shall provide appropriate 
     educational services to such child. The proof of 
     documentation shall be mailed or delivered in writing to the 
     parents or guardian of the child in a timely manner and shall 
     include information on how to have their child immediately 
     removed from the program upon their request. This clause 
     shall not be construed as exempting a local educational 
     agency from complying with the requirements of this 
     subparagraph.

[[Page H10476]]

       ``(2) Parental rights.--A parent or the parents of a child 
     participating in an English language instruction program for 
     limited English proficient children assisted under subpart 1 
     or 2 shall--
       ``(A) select among methods of instruction, if more than one 
     method is offered in the program; and
       ``(B) have the right to have their child immediately 
     removed from the program upon their request.
       ``(c) Receipt of Information.--A parent or the parents of a 
     child identified for participation in an English language 
     instruction program for limited English proficient children 
     assisted under this part shall receive, in a manner and form 
     understandable to the parent or parents, the information 
     required by this subsection. At a minimum, the parent or 
     parents shall receive--
       ``(1) timely information about English language instruction 
     programs for limited English proficient children assisted 
     under this part;
       ``(2) if a parent of a participating child so desires, 
     notice of opportunities for regular meetings for the purpose 
     of formulating and responding to recommendations from such 
     parents; and
       ``(3) procedural information for removing a child from a 
     program for limited English proficient children.
       ``(d) Basis for Admission or Exclusion.--Students shall not 
     be admitted to or excluded from any federally assisted 
     education program on the basis of a surname or language-
     minority status.

     ``SEC. 7104. TESTING OF LIMITED ENGLISH PROFICIENT CHILDREN.

       ``(a) In General.--Assessments of limited English 
     proficient children participating in programs funded under 
     this part, to the extent practicable, shall be in the 
     language and form most likely to yield accurate and reliable 
     information on what such students know and can do in content 
     areas.
       ``(b) Special Rule.--Notwithstanding subsection (a), in the 
     case of an assessment of reading or language arts of any 
     student who has attended school in the United States 
     (excluding Puerto Rico) for 3 or more consecutive school 
     years, the assessment shall be in the form of a test written 
     in English, except that, if the local educational agency 
     determines, on a case-by-case individual basis, that 
     assessments in another language and form would likely yield 
     more accurate and reliable information on what such students 
     know and can do, the local educational agency may assess such 
     students in the appropriate language other than English for 1 
     additional year.

     ``SEC. 7105. CONDITIONS ON EFFECTIVENESS OF SUBPARTS 1 AND 2.

       ``(a) Subpart 1.--Subpart 1 shall be in effect only for a 
     fiscal year for which subpart 2 is not in effect.
       ``(b) Subpart 2.--
       ``(1) In general.--Subpart 2 shall be in effect only for--
       ``(A) the first fiscal year for which the amount 
     appropriated to carry out this part equals or exceeds 
     $215,000,000; and
       ``(B) all succeeding fiscal years.
       ``(2) Continuation of awards.--Notwithstanding any other 
     provision of this part, a State receiving a grant under 
     subpart 2 shall provide 1 additional year of funding to 
     eligible entities in accordance with section 7133(3).

     ``SEC. 7106. AUTHORIZATIONS OF APPROPRIATIONS.

       ``(a) Subpart 1 or 2.--Subject to section 7105, for the 
     purpose of carrying out subpart 1 or 2, as applicable, there 
     are authorized to be appropriated $215,000,000 for fiscal 
     year 2000 and such sums as may be necessary for the 4 
     succeeding fiscal years.
       ``(b) Subpart 3.--For the purpose of carrying out subpart 
     3, there are authorized to be appropriated $60,000,000 for 
     fiscal year 2000 and such sums as may be necessary for the 4 
     succeeding fiscal years.
       ``(c) Subpart 4.--For the purpose of carrying out subpart 
     4, there are authorized to be appropriated $16,000,000 for 
     fiscal year 2000 and such sums as may be necessary for the 4 
     succeeding fiscal years.

                ``Subpart 1--Discretionary Grant Program

     ``SEC. 7111. FINANCIAL ASSISTANCE FOR PROGRAMS FOR LIMITED 
                   ENGLISH PROFICIENT CHILDREN.

       ``The purpose of this subpart is to assist local 
     educational agencies, institutions of higher education, and 
     community-based organizations, through the grants authorized 
     under section 7112, to--
       ``(1) develop and enhance their capacity to provide high-
     quality instruction through English language instruction and 
     programs which assist limited English proficient children in 
     achieving the same high levels of academic achievement as 
     other children; and
       ``(2) help such children--
       ``(A) develop proficiency in English; and
       ``(B) meet the same challenging State content standards and 
     challenging State student performance standards expected for 
     all children as required by section 1111(b).

     ``SEC. 7112. FINANCIAL ASSISTANCE FOR INSTRUCTIONAL SERVICES.

       ``(a) Program Authorized.--
       ``(1) In general.--In accordance with section 7105, before 
     the amount appropriated to carry out this part for a fiscal 
     year equals or exceeds $210,000,000, the Secretary is 
     authorized to award grants to eligible entities having 
     applications approved under section 7114 to enable such 
     entities to carry out activities described in subsection (b).
       ``(2) Length of grant.--Each grant under this section shall 
     be awarded for a period of time to be determined by the 
     Secretary based on the type of grant for which the eligible 
     entity applies.
       ``(b) Authorized Activities.--Grants awarded under this 
     section shall be used to improve the education of limited 
     English proficient children and their families, through the 
     acquisition of English and the attainment of challenging 
     State academic content standards and challenging State 
     performance standards using scientifically-based research 
     approaches and methodologies, by--
       ``(1) developing and implementing new English language and 
     academic content instructional programs for children who are 
     limited English proficient, including programs of early 
     childhood education and kindergarten through 12th grade 
     education;
       ``(2) carrying out highly focused, innovative, locally 
     designed projects to expand or enhance existing English 
     language and academic content instruction programs for 
     limited English proficient children;
       ``(3) implementing, within an individual school, schoolwide 
     programs for restructuring, reforming, and upgrading all 
     relevant programs and operations relating to English language 
     and academic content instruction for limited English 
     proficient students; or
       ``(4) implementing, within the entire jurisdiction of a 
     local educational agency, agency-wide programs for 
     restructuring, reforming, and upgrading all relevant programs 
     and operations relating to English language and academic 
     content instruction for limited English proficient students.
       ``(c) Uses of Funds.--Grants under this section may be 
     used--
       ``(1) to upgrade--
       ``(A) educational goals, curriculum guidelines and content, 
     standards, and assessments; and
       ``(B) professional development activities;
       ``(2) to improve the instruction program for limited 
     English proficient students by identifying, acquiring, and 
     upgrading curricula, instructional materials, educational 
     software, and assessment procedures; and
       ``(3) to provide--
       ``(A) tutorials and academic or vocational education for 
     limited English proficient children;
       ``(B) intensified instruction; and
       ``(C) for such other activities, related to the purposes of 
     this subpart, as the Secretary may approve.
       ``(d) Special Rule.--A grant recipient, before carrying out 
     a program assisted under this section, shall plan, train 
     personnel, develop curricula, and acquire or develop 
     materials.
       ``(e) Eligible Entities.--For the purpose of this section, 
     the term `eligible entity' means--
       ``(1) 1 or more local educational agencies; or
       ``(2) 1 or more local educational agencies in collaboration 
     with an institution of higher education, community-based 
     organization, or local or State educational agency.

     ``SEC. 7113. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN 
                   SCHOOL.

       ``(a) Eligible Entities.--For the purpose of carrying out 
     programs under this subpart for individuals served by 
     elementary, secondary, and postsecondary schools operated 
     predominately for Native American or Alaska Native children, 
     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 subpart, 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 subpart, each eligible entity 
     described in subsection (a) shall submit any application for 
     assistance under this subpart directly to the Secretary along 
     with timely comments on the need for the proposed program.

     ``SEC. 7114. 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.

[[Page H10477]]

       ``(b) Required Documentation.--Such application shall 
     include documentation that the applicant has the qualified 
     personnel required to develop, administer, and implement the 
     proposed program.
       ``(c) Contents.--
       ``(1) In general.--An application for a grant under this 
     subpart shall contain the following:
       ``(A) A description of the need for the proposed program, 
     and a comprehensive description of the characteristics 
     relevant to the children being served.
       ``(B) An assurance that, if the applicant includes one or 
     more local educational agencies, each such agency is 
     complying with section 7103(b) prior to, and throughout, each 
     school year.
       ``(C) A description of the program to be implemented and 
     how such program's design--
       ``(i) relates to the English language and academic needs of 
     the children of limited English proficiency to be served;
       ``(ii) is coordinated with other programs under this Act 
     and other Acts, as appropriate, in accordance with section 
     14306;
       ``(iii) involves the parents of the children of limited 
     English proficiency to be served;
       ``(iv) ensures accountability in achieving high academic 
     standards; and
       ``(v) promotes coordination of services for the children of 
     limited English proficiency to be served and their families.
       ``(D) 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.
       ``(E) An assurance that the applicant will not reduce the 
     level of State and local funds that the applicant expends for 
     programs for limited English proficient children if the 
     applicant receives an award under this subpart.
       ``(F) An assurance that the applicant will employ teachers 
     in the proposed program who are proficient in English, 
     including written and oral communication skills, and another 
     language, if appropriate.
       ``(G) A budget for grant funds.
       ``(H) A description, if appropriate of how the applicant 
     annually will assess the English proficiency of all children 
     with limited English proficiency participating in programs 
     funded under this subpart.
       ``(2) Additional information.--Each applicant for a grant 
     under section 7112 who intends to use the grant for a purpose 
     described in paragraph (3) or (4) of subsection (b) of such 
     section--
       ``(A) shall describe--
       ``(i) how services provided under this subpart are 
     supplementary to existing services;
       ``(ii) how funds received under this subpart will be 
     integrated, as appropriate, with all other Federal, State, 
     local, and private resources that may be used to serve 
     children of limited English proficiency;
       ``(iii) specific achievement and school retention goals for 
     the children to be served by the proposed program and how 
     progress toward achieving such goals will be measured; and
       ``(iv) current family literacy programs if applicable; and
       ``(B) shall provide assurances that the program funded will 
     be integrated with the overall educational program.
       ``(d) 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 English and other languages 
     used in instruction, if appropriate.
       ``(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 limited 
     English proficient children 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; and
       ``(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.
       ``(e) 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.

     ``SEC. 7115. 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) applying technology to the course of instruction; and
       ``(3) providing intensified instruction through 
     supplementary instruction or activities, including 
     educationally enriching extracurricular activities, during 
     times when school is not routinely in session.

     ``SEC. 7116. 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 English language 
     instruction and programs which assist limited English 
     proficient children in achieving the same high levels of 
     academic achievement as other children, once Federal 
     assistance is reduced or eliminated.

     ``SEC. 7117. 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. 7118. SPECIAL CONSIDERATION.

       ``The Secretary shall give special consideration 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, including such children in areas 
     with low concentrations of such children; 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. 7119. 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 and other Acts, as appropriate, in accordance with 
     section 14306.

     ``SEC. 7120. NOTIFICATION.

       ``The State educational agency, and when applicable, the 
     State board for postsecondary education, shall be notified 
     within 3 working days of the date an award under this subpart 
     is made to an eligible entity within the State.

     ``SEC. 7121. 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 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--
       ``(A) to assist local educational agencies in the State 
     with program design, capacity building, assessment of student 
     performance, and program evaluation; and
       ``(B) to collect data on the State's limited English 
     proficient populations and the educational programs and 
     services available to such populations.
       ``(2) Exception.--States that do not, as of the date of 
     enactment of the Student Results Act of 1999, have in place a 
     system for collecting the data described in paragraph (1)(B) 
     for all students in such State, are not required to meet the 
     requirement of such paragraph. 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

[[Page H10478]]

     issues affecting limited English proficient children.
       ``(4) Special rule.--Recipients of funds under this section 
     shall not restrict the provision of services under this 
     section to federally funded programs.
       ``(d) 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.
       ``(e) 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.
       ``(f) 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.

                   ``Subpart 2--Formula Grant Program

     ``SEC. 7131. FORMULA GRANTS TO STATES.

       ``(a) In General.--In accordance with section 7105, after 
     the amount appropriated to carry out this part for a fiscal 
     year equals or exceeds $215,000,000, in the case of each 
     State that in accordance with section 7133 submits to the 
     Secretary an application for a fiscal year, the Secretary 
     shall offer discretionary funds under subsection (b) to make 
     a grant for the year to the State for the purposes specified 
     in subsection (b). The grant shall consist of the allotment 
     determined for the State under section 7135.
       ``(b) Reservation.--From the sums appropriated under 
     subsection (a) for any fiscal year, the Secretary shall 
     reserve not less than .5 percent to provide Federal financial 
     assistance under this subpart to entities that are considered 
     to be local educational agencies under section 7108(a).
       ``(c) Purposes of Grants.--
       ``(1) Required expenditures.--The Secretary may make a 
     grant under subsection (a) only if the State involved agrees 
     that the State will expend at least 95 percent of the amount 
     of the funds provided under the grant for the purpose of 
     making subgrants to eligible entities to provide assistance 
     to limited English proficient children in accordance with 
     section 7134.
       ``(2) Authorized expenditures.--Subject to paragraph (3), a 
     State that receives a grant under subsection (a) may expend 
     not more than 5 percent of the amount of the funds provided 
     under the grant for one or more of the following purposes:
       ``(A) Professional development and activities that assist 
     personnel in meeting State and local certification 
     requirements for English language instruction.
       ``(B) Planning, administration, and interagency 
     coordination related to the subgrants referred to in 
     paragraph (1).
       ``(C) Providing technical assistance and other forms of 
     assistance to local educational agencies that--
       ``(i) educate limited English proficient children; and
       ``(ii) are not receiving a subgrant from a State under this 
     subpart.
       ``(D) Providing bonuses to subgrantees whose performance 
     has been exceptional in terms of the speed with which 
     children enrolled in the subgrantee's programs and activities 
     attain English language proficiency and meet challenging 
     State content standards and challenging State student 
     performance standards.
       ``(3) Limitation on administrative costs.--In carrying out 
     paragraph (2), a State that receives a grant under subsection 
     (a) may expend not more than 2 percent of the amount of the 
     funds provided under the grant for the purposes described in 
     paragraph (2)(B).

     ``SEC. 7132. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN 
                   SCHOOL.

       ``(a) Eligible Entities.--For the purpose of carrying out 
     programs under this subpart for individuals served by 
     elementary, secondary, and postsecondary schools operated 
     predominately for Native American or Alaska Native children, 
     the following shall be considered to be a local educational 
     agency:
       ``(1) An Indian tribe.
       ``(2) A tribally sanctioned educational authority.
       ``(3) A Native Hawaiian or Native American Pacific Islander 
     native language educational organization.
       ``(4) An elementary or secondary school that is operated or 
     funded by the Bureau of Indian Affairs, or a consortium of 
     such schools.
       ``(5) An elementary or secondary school operated under a 
     contract with or grant from the Bureau of Indian Affairs, in 
     consortium with another such school or a tribal or community 
     organization.
       ``(6) An elementary or secondary school operated by the 
     Bureau of Indian Affairs and an institution of higher 
     education, in consortium with an elementary or secondary 
     school operated under a contract with or grant from the 
     Bureau of Indian Affairs or a tribal or community 
     organization.
       ``(b) Submission of Applications for Assistance.--
     Notwithstanding any other provision of this subpart, an 
     entity that is considered to be a local educational agency 
     under subsection (a), and that desires to submit an 
     application for Federal financial assistance under this 
     subpart, shall submit the application to the Secretary. In 
     all other respects, such an entity shall be eligible for a 
     grant under this subpart on the same basis as any other local 
     educational agency.

     ``SEC. 7133. APPLICATIONS BY STATES.

       ``For purposes of section 7131, an application submitted by 
     a State for a grant under such section for a fiscal year is 
     in accordance with this section if the application--
       ``(1) describes the process that the State will use in 
     making subgrants to eligible entities under this subpart;
       ``(2) contains an agreement that the State annually will 
     submit to the Secretary a summary report, describing the 
     State's use of the funds provided under the grant;
       ``(3) contains an agreement that the State--
       ``(A) will provide one year of funding for an application 
     for a subgrant under section 7134 from an eligible entity 
     that describes a program that, on the day preceding the date 
     of the enactment of the Student Results Act of 1999, was 
     receiving funding under a grant--
       ``(i) awarded by the Secretary under subpart 1 or 3 of part 
     A of the Bilingual Education Act (as such Act was in effect 
     on such day); and
       ``(ii) that was not under its terms due to expire before a 
     period of 1 year or more had elapsed; and
       ``(B) after such one-year extension, will give special 
     consideration to such applications if the period of their 
     award would not yet otherwise have expired if the Student 
     Results Act of 1999 had not been enacted.
       ``(4) contains an agreement that, in carrying out this 
     subpart, the State will address the needs of school systems 
     of all sizes and in all geographic areas, including rural and 
     urban schools;
       ``(5) contains an agreement that subgrants to eligible 
     entities under section 7134 shall be of sufficient size and 
     scope to allow such entities to carry out high quality 
     education programs for limited English proficient children;
       ``(6) contains an agreement that the State will coordinate 
     its programs and activities under this subpart with its other 
     programs and activities under this Act and other Acts, as 
     appropriate;
       ``(7) contains an agreement that the State--
       ``(A) shall monitor the progress of students enrolled in 
     programs and activities receiving assistance under this 
     subpart in attaining English proficiency and in attaining 
     challenging State content standards and challenging State 
     performance standards;
       ``(B) subject to subparagraph (C), shall withdraw funding 
     from such programs and activities in cases where the majority 
     of students are not attaining English proficiency and 
     attaining challenging State content standards and challenging 
     State performance standards after 3 academic years of 
     enrollment based on the evaluation measures in section 
     7403(d); and
       ``(C) shall provide technical assistance to eligible 
     entities that fail to satisfy the criterion in subparagraph 
     (B) prior to the withdrawal of funding under such 
     subparagraph;
       ``(8) contains an assurance that the State will require 
     eligible entities receiving a subgrant under section 7134 
     annually to assess the English proficiency of all children 
     with limited English proficiency participating in a program 
     funded under this subpart; and
       ``(9) contains an agreement that States will require 
     eligible entities receiving a grant under this subpart to use 
     the grant in ways that will build such recipient's capacity 
     to continue to offer high-quality English language 
     instruction and programs which assist limited English 
     proficient children in attaining challenging State content 
     standards and challenging State performance standards once 
     assistance under this subpart is no longer available.

     ``SEC. 7134. SUBGRANTS TO ELIGIBLE ENTITIES.

       ``(a) Purposes of Subgrants.--A State may make a subgrant 
     to an eligible entity from funds received by the State under 
     this subpart only if the entity agrees to expend the funds to 
     improve the education of limited English proficient children 
     and their families, through the acquisition of English and 
     the attainment of challenging State academic content 
     standards and challenging State performance standards, using 
     scientifically-based research approaches and methodologies, 
     by--
       ``(1) developing and implementing new English language and 
     academic content instructional programs for children who are 
     limited English proficient, including programs of early 
     childhood education and kindergarten through 12th grade 
     education;
       ``(2) carrying out highly focused, innovative, locally 
     designed projects to expand or enhance existing English 
     language and academic content instruction programs for 
     limited English proficient children;
       ``(3) implementing, within an individual school, schoolwide 
     programs for restructuring, reforming, and upgrading all 
     relevant programs and operations relating to English language 
     and academic content instruction for limited English 
     proficient students; or
       ``(4) implementing, within the entire jurisdiction of a 
     local educational agency, agency-wide programs for 
     restructuring, reforming, and upgrading all relevant programs 
     and operations relating to English language and academic 
     content instruction for limited English proficient students.
       ``(b) Authorized Subgrantee Activities.--
       ``(1) In general.--Subject to paragraph (2), a State may 
     make a subgrant to an eligible

[[Page H10479]]

     entity from funds received by the State under this subpart in 
     order that the eligible entity may achieve one of the 
     purposes described in subsection (a) by undertaking one or 
     more of the following activities to improve the 
     understanding, and use, of the English language, based on a 
     child's learning skills:
       ``(A) Developing and implementing comprehensive preschool 
     or elementary or secondary school English language 
     instructional programs that are coordinated with other 
     relevant programs and services.
       ``(B) Providing professional development to classroom 
     teachers, administrators, and other school or community-based 
     organizational personnel to improve the instruction and 
     assessment of children who are limited English proficient 
     children.
       ``(C) Improving the English language proficiency and 
     academic performance of limited English proficient children.
       ``(D) Improving the instruction of limited English 
     proficient children by providing for the acquisition or 
     development of education technology or instructional 
     materials, access to and participation in electronic networks 
     for materials, providing training and communications, and 
     incorporation of such resources in curricula and programs, 
     such as those funded under this subpart.
       ``(E) Developing tutoring programs for limited English 
     proficient children that provide early intervention and 
     intensive instruction in order to improve academic 
     achievement, to increase graduation rates among limited 
     English proficient children, and to prepare students for 
     transition as soon as possible into classrooms where 
     instruction is not tailored for limited English proficient 
     children.
       ``(F) Providing family literacy services and parent 
     outreach and training activities to limited English 
     proficient children and their families to improve their 
     English language skills and assist parents in helping their 
     children to improve their academic performance.
       ``(G) Other activities that are consistent with the 
     purposes of this subpart.
       ``(2) Moving children out of specialized classrooms.--Any 
     program or activity undertaken by an eligible entity using a 
     subgrant from a State under this subpart shall be designed to 
     assist students enrolled in the program or activity to attain 
     English proficiency and meet challenging State content 
     standards and challenging State performance standards as soon 
     as possible and to move into a classroom where instruction is 
     not tailored for limited English proficient children.
       ``(c) Selection of Method of Instruction.--To receive a 
     subgrant from a State under this subpart, an eligible entity 
     shall select one or more methods or forms of instruction to 
     be used in the programs and activities undertaken by the 
     entity to assist limited English proficient children to 
     attain English proficiency and meet challenging State content 
     standards and challenging State student performance 
     standards. Such selection shall be consistent with sections 
     7406 and 7407.
       ``(d) Duration of Subgrants.--The duration of a subgrant 
     made by a State under this section shall be determined by the 
     State in its discretion.
       ``(e) Applications by Eligible Entities.--
       ``(1) In general.--To receive a subgrant from a State under 
     this subpart, an eligible entity shall submit an application 
     to the State at such time, in such form, and containing such 
     information as the State may require.
       ``(2) Required documentation.--The application shall 
     describe the programs and activities proposed to be 
     developed, implemented, and administered under the subgrant 
     and shall provide an assurance that the applicant will only 
     employ teachers and other personnel for the proposed programs 
     and activities who are proficient in English, including 
     written and oral communication skills.
       ``(3) Requirements for approval.--A State may approve an 
     application submitted by an eligible entity for a subgrant 
     under this subpart only if the State determines that--
       ``(A) the eligible entity will use qualified personnel who 
     have appropriate training and professional credentials in 
     teaching English to children who are limited English 
     proficient;
       ``(B) if the eligible entity includes one or more local 
     educational agencies, each such agency is complying with 
     section 7103(b) prior to, and throughout, each school year;
       ``(C) the eligible entity annually will assess the English 
     proficiency of all children with limited English proficiency 
     participating in programs funded under this subpart;
       ``(D) the eligible entity has based its proposal on sound 
     research and theory;
       ``(E) the eligible entity has described in the application 
     how students enrolled in the programs and activities proposed 
     in the application will be fluent in English after 3 academic 
     years of enrollment;
       ``(F) the eligible entity will ensure that programs will 
     enable children to speak, read, write, and comprehend the 
     English language and meet challenging State content and 
     challenging State performance standards; and
       ``(G) the eligible entity is not in violation of any State 
     law, including State constitutional law, regarding the 
     education of limited English proficient children.
       ``(4) Quality.--In determining which applications to select 
     for approval, a State shall consider the quality of each 
     application and ensure that it is of sufficient size and 
     scope to meet the purposes of this subpart.

     ``SEC. 7135. DETERMINATION OF AMOUNT OF ALLOTMENT.

       ``(a) In General.--Except as provided in subsections (b), 
     (c), and (d), from the sum available for the purpose of 
     making grants to States under this subpart for any fiscal 
     year, the Secretary shall allot to each State an amount which 
     bears the same ratio to such sum as the total number of 
     children who are limited English proficient and who reside in 
     the State bears to the total number of such children residing 
     in all States (excluding the Commonwealth of Puerto Rico and 
     the outlying areas) that, in accordance with section 7133, 
     submit to the Secretary an application for the year.
       ``(b) Puerto Rico.--From the sum available for the purpose 
     of making grants to States under this subpart for any fiscal 
     year, the Secretary shall allot to the Commonwealth of Puerto 
     Rico an amount equal to 1.5 percent of the sums appropriated 
     under section 7106(a).
       ``(c) Outlying Areas.--
       ``(1) Total available for allotment.--From the sum 
     available for the purpose of making grants to States under 
     this subpart for any fiscal year, the Secretary shall allot 
     to the outlying areas, in accordance with paragraph (2), a 
     total amount equal to .5 percent of the sums appropriated 
     under section 7120.
       ``(2) Determination of individual area amounts.--From the 
     total amount determined under paragraph (1), the Secretary 
     shall allot to each outlying area an amount which bears the 
     same ratio to such amount as the total number of children who 
     are limited English proficient and who reside in the outlying 
     area bears to the total number of such children residing in 
     all outlying areas that, in accordance with section 7133, 
     submit to the Secretary an application for the year.
       ``(d) Minimum Allotment.--
       ``(1) In general.--Notwithstanding subsections (a) through 
     (c), and subject to section 7105, the Secretary shall not 
     allot to any State, for fiscal years 2000 through 2004, an 
     amount that is less than 100 percent of the baseline amount 
     for the State.
       ``(2) Baseline amount defined.--For purposes of this 
     subsection, the term `baseline amount', when used with 
     respect to a State, means the total amount received under 
     this part for fiscal year 2000 by the State, the State 
     educational agency, and all local educational agencies of the 
     State.
       ``(3) Ratable reduction.--If the amount available for 
     allotment under this section for any fiscal year is 
     insufficient to permit the Secretary to comply with paragraph 
     (1), the Secretary shall ratably reduce the allotments to all 
     States for such year.
       ``(e) Use of State Data for Determinations.--For purposes 
     of subsections (a) and (c), any determination of the number 
     of children who are limited English proficient and reside in 
     a State shall be made using the most recent limited English 
     proficient school enrollment data available to, and reported 
     to the Secretary by, the State. The State shall provide 
     assurances to the Secretary that such data are valid and 
     reliable.
       ``(f) No Reduction Permitted Based on Teaching Method.--The 
     Secretary may not reduce a State's allotment based on the 
     State's selection of the immersion method of instruction as 
     its preferred method of teaching the English language to 
     children who are limited English proficient.

     ``SEC. 7136. DISTRIBUTION OF GRANTS TO ELIGIBLE ENTITIES.

       ``Of the amount expended by a State for subgrants to 
     eligible entities--
       ``(1) at least one-half shall be allocated to eligible 
     entities that enroll a large percentage or a large number of 
     children who are limited English proficient, as determined 
     based on the relative enrollments of such children enrolled 
     in the eligible entities; and
       ``(2) the remainder shall be allocated on a competitive 
     basis to--
       ``(A) eligible entities within the State to address a need 
     brought about through a significant increase, as compared to 
     the previous 2 years, in the percentage or number of children 
     who are limited English proficient in a school or local 
     educational agency, including schools and agencies in areas 
     with low concentrations of such children; and
       ``(B) other eligible entities serving limited English 
     proficient children.

     ``SEC. 7137. SPECIAL RULE ON PRIVATE SCHOOL PARTICIPATION.

       For purposes of this Act, this subpart shall be treated as 
     a covered program, as defined in section 14101(10).

                 ``Subpart 3--Professional Development

     ``SEC. 7141. PURPOSE.

       ``The purpose of this subpart is to assist in preparing 
     educators to improve educational services for limited English 
     proficient children by supporting professional development 
     programs primarily aimed at improving and developing the 
     skills of instructional staff in elementary and secondary 
     schools and on assisting limited English proficient children 
     to attain English proficiency and meet challenging State 
     academic content standards

[[Page H10480]]

     and challenging State performance standards.

     ``SEC. 7142. PROFESSIONAL DEVELOPMENT AND FELLOWSHIPS.

       ``(a) Program Authorized.--
       ``(1) In general.--The Secretary is authorized to award 
     grants, as appropriate, to local educational agencies, 
     institutions of higher education, State educational agencies, 
     public and private organizations in consortium with a local 
     educational agency, or a consortium of such agencies or 
     institutions, except that any such consortium shall include a 
     local educational agency.
       ``(2) Grant purpose.--Grants awarded under this section 
     shall be used for one or more of the following purposes:
       ``(A) To develop and provide ongoing in-service 
     professional development, including professional development 
     necessary to receive certification as a teacher of limited 
     English proficient children, for teachers of limited English 
     proficient children, school administrators and, if 
     appropriate, pupil services personnel, and other educational 
     personnel who are involved in, or preparing to be involved 
     in, the provision of educational services to limited English 
     proficient children.
       ``(B) 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 in-service 
     professional development programs for teachers, 
     administrators and, if appropriate, pupil services personnel, 
     and other educational personnel in order to prepare such 
     individuals to provide effective services to limited English 
     proficient students.
       ``(C) To upgrade the qualifications and skills of teachers 
     to ensure that they are fully qualified (as defined by 
     section 1610) and meet high professional standards, including 
     certification and licensure as a teacher of limited English 
     proficient students.
       ``(D) To upgrade the qualifications and skills of 
     paraprofessionals to ensure they meet the requirements under 
     section 1119 and meet high professional standards to assist, 
     as appropriate, teachers who instruct limited English 
     proficient students.
       ``(E) To train secondary school students as teachers of 
     limited English proficient children and to train, as 
     appropriate, other education personnel to serve limited 
     English proficient students.
       ``(F) To award fellowships for--
       ``(i) study in such areas as teacher training, program 
     administration, research and evaluation, and curriculum 
     development, at the master's, doctoral, or post-doctoral 
     degree level, related to instruction of children and youth of 
     limited English proficiency; and
       ``(ii) the support of dissertation research related to such 
     study.
       ``(G) To recruit elementary and secondary school teachers 
     of limited English proficient children.
       ``(b) Duration and Limitation.--
       ``(1) Grant period.--Each grant under this section shall be 
     awarded for a period of not more than 5 years.
       ``(2) Limitation.--Not more than 15 percent of the amount 
     of the grant may be expended for the purposes described in 
     subparagraphs (F) and (G) of subsection (a)(2).
       ``(c) Professional Development Requirements.--
       ``(1) Activities.--A recipient of a grant under this 
     section may use the grant funds for the following 
     professional development activities:
       ``(A) Designing and implementing of induction programs for 
     new teachers, including mentoring and coaching by trained 
     teachers, team teaching with experienced teachers, 
     compensation for, and availability of, time for observation 
     of, and consultation with, experienced teachers, and 
     compensation for, and availability of, additional time for 
     course preparation.
       ``(B) Implementing collaborative efforts among teachers to 
     improve instruction in reading and other core academic areas 
     for students with limited English proficiency, including 
     programs that facilitate teacher observation and analysis of 
     fellow teachers' classroom practice.
       ``(C) Supporting long-term collaboration among teachers and 
     outside experts to improve instruction of limited English 
     proficient students.
       ``(D) Coordinating project activities with other programs, 
     such as those under the Head Start Act, and titles I and II 
     of this Act, and titles II and V of the Higher Education Act 
     of 1965.
       ``(E) Developing curricular materials and assessments for 
     teachers that are aligned with State and local standards and 
     the needs of the limited English proficient students to be 
     served.
       ``(F) Instructing teachers and, where appropriate, other 
     personnel working with limited English children on how--
       ``(i) to utilize test results to improve instruction for 
     limited English proficient children so the children can meet 
     the same challenging State content standards and challenging 
     State performance standards as other students; and
       ``(ii) to help parents understand the results of such 
     assessments.
       ``(G) Contracting with institutions of higher education to 
     allow them to provide in-service training to teachers, and, 
     where appropriate, other personnel working with limited 
     English proficient children to improve the quality of 
     professional development programs for limited English 
     proficient students.
       ``(H) Such other activities as are consistent with the 
     purpose of this section.
       ``(2) Additional requirements for professional development 
     funds.--Uses of funds received under this section for 
     professional development--
       ``(A) shall advance teacher understanding of effective 
     instructional strategies based on scientifically based 
     research for improving student achievement;
       ``(B) shall be of sufficient intensity and duration (not to 
     include 1-day or short-term workshops and conferences) to 
     have a positive and lasting impact on teachers' performance 
     in the classroom;
       ``(C) shall be developed with extensive participation of 
     teachers, principals, parents, and administrators of schools 
     to be served under subparts 1 and 2 of part A; and
       ``(D) as a whole, shall be regularly evaluated for their 
     impact on increased teacher effectiveness and improved 
     student achievement, with the findings of such evaluations 
     used to improve the quality of professional development.
       ``(d) Fellowship Requirements.--
       ``(1) In general.--Any person receiving a fellowship under 
     subsection (a)(2)(F) shall agree--
       ``(A) to work as a teacher of limited English proficient 
     children, or in a program or an activity funded under this 
     part, for a period of time equivalent to the period of time 
     during which the person receives such fellowship; or
       ``(B) to repay the amount received pursuant to the 
     fellowship award.
       ``(2) Regulations.--The Secretary shall establish in 
     regulations such terms and conditions for agreements under 
     paragraph (1) as the Secretary deems reasonable and necessary 
     and may waive the requirement of such paragraph in 
     extraordinary circumstances.
       ``(3) Priority.--In awarding fellowships under this 
     section, the Secretary shall give priority to fellowship 
     applicants applying for study or dissertation research at 
     institutions of higher education that have demonstrated a 
     high level of success in placing fellowship recipients into 
     employment in elementary and secondary schools.
       ``(4) Information.--The Secretary shall include information 
     on the operation and the number of fellowships awarded under 
     this section in the evaluation required under section 7145.

     ``SEC. 7143. APPLICATION.

       ``(a) In General.--
       ``(1) Submission to secretary.--In order to receive a grant 
     under section 7142, an agency, institution, organization, or 
     consortium described in subsection (a)(1) of such section 
     shall submit an application to the Secretary at such time, in 
     such form, and containing such information as the Secretary 
     may require.
       ``(2) Contents.--Each such application shall include--
       ``(A) a description of the proposed professional 
     development or graduate fellowship programs to be implemented 
     with the grant;
       ``(B) a description of the scientific research on which the 
     program or programs are based; and
       ``(C) an assurance that funds will be used to supplement 
     and not supplant other professional development activities 
     that affect the teaching and learning in elementary and 
     secondary schools, as appropriate.
       ``(b) Approval.--The Secretary shall only approve an 
     application under this section if it meets the requirements 
     of this section and is of sufficient quality to meet the 
     purposes of this subpart.
       ``(c) Special Rules.--
       ``(1) Outreach and technical assistance.--The Secretary 
     shall provide for outreach and technical assistance to 
     institutions of higher education eligible for assistance 
     under titles III and V 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 under this subpart.
       ``(2) Distribution.--In making awards under this subpart, 
     the Secretary shall ensure adequate representation of 
     Hispanic-serving institutions (as defined in section 502 of 
     the Higher Education Act of 1965) that demonstrate competence 
     and experience in the programs and activities authorized 
     under this subpart and are otherwise qualified.

     ``SEC. 7144. PROGRAM EVALUATIONS.

       ``Each recipient of funds under this subpart shall provide 
     the Secretary with an evaluation of the program assisted 
     under this subpart every 2 years. Such evaluation shall 
     include data on--
       ``(1) post-program placement of persons trained in a 
     program assisted under this subpart;
       ``(2) how such 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. 7145. USE OF FUNDS FOR SECOND LANGUAGE COMPETENCE.

       Not more than 10 percent of the funds received under this 
     subpart may be used to develop any program participant's 
     competence in a second language for use in instructional 
     programs.

[[Page H10481]]

          ``Subpart 4--Research, Evaluation, and Dissemination

     ``SEC. 7151. AUTHORITY.

       ``The Secretary shall conduct and coordinate, through the 
     Office of Educational Research and Improvement and in 
     coordination with the Office of Educational Services for 
     Limited English Proficient Children, research for the purpose 
     of improving English language and academic content 
     instruction for children who are limited English proficient. 
     Activities under this section shall be limited to research to 
     identify successful models for teaching limited English 
     proficient children English, research to identify successful 
     models for assisting such children to meet challenging State 
     content and student performance standards, and distribution 
     of research results to States for dissemination to schools 
     with populations of students who are limited English 
     proficient. Research conducted under this section may not 
     focus solely on any one method of instruction.

            ``PART B--EMERGENCY IMMIGRANT EDUCATION PROGRAM

     ``SEC. 7201. 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; and
       ``(3) 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. 7202. 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 7204 to pay the costs of performing 
     such agency's administrative functions under this part.

     ``SEC. 7203. 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. 7204. 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 2000 
     through 2004 for the purpose set forth in section 7201(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 7207.
       ``(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. 7205. 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 7201(b) and 7207, 
     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 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 7204(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 7204(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

[[Page H10482]]

       ``(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 section 7204(e) 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. 7206. 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 7205 of 
     the amount of such agency's allocation under section 7204 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 7205(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. 7207. 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. 7208. 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. 7209. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this part, there are 
     authorized to be appropriated $175,000,000 for fiscal year 
     2000 and such sums as may be necessary for each of the four 
     succeeding fiscal years.

                        ``PART C--ADMINISTRATION

     ``SEC. 7301. REPORTING REQUIREMENTS.

       ``(a) States.--Based upon the evaluations provided to a 
     State under section 7403, each State receiving a grant under 
     this title annually shall report to the Secretary on programs 
     and activities undertaken by the State under this title and 
     the effectiveness of such programs and activities in 
     improving the education provided to children who are limited 
     English proficient.
       ``(b) Secretary.--Every other year, the Secretary shall 
     prepare and submit to the Committee on Education and the 
     Workforce of the House of Representatives and the Committee 
     on Labor and Human Resources of the Senate a report on 
     programs and activities undertaken by States under this title 
     and the effectiveness of such programs and activities in 
     improving the education provided to children who are limited 
     English proficient.

     ``SEC. 7302. 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.

                      ``PART D--GENERAL PROVISIONS

     ``SEC. 7401. DEFINITIONS.

     ``SEC. 7402. CONSTRUCTION.

       ``Nothing in subpart 1 or 2 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.

     ``SEC. 7403. EVALUATION.

       ``(a) In General.--Each eligible entity that receives a 
     subgrant from a State or a grant from the Secretary under 
     part A shall provide the State or the Secretary, at the 
     conclusion of every second fiscal year during which the 
     subgrant or grant is received, with an evaluation, in a form 
     prescribed by the State or the Secretary, of--
       ``(1) the programs and activities conducted by the entity 
     with funds received under part A during the 2 immediately 
     preceding fiscal years;
       ``(2) the progress made by students in learning the English 
     language and meeting challenging State content standards and 
     challenging State student performance standards;
       ``(3) the number and percentage of students in the programs 
     and activities attaining English language proficiency by the 
     end of each school year, as determined by a valid and 
     reliable assessment of English proficiency; and
       ``(4) the progress made by students in meeting challenging 
     State content and challenging State performance standards for 
     each of the 2 years after such students are no longer 
     receiving services under this part.
       ``(b) Use of Evaluation.--An evaluation provided by an 
     eligible entity under subsection (a) shall be used by the 
     entity and the State or the Secretary--
       ``(1) for improvement of programs and activities;
       ``(2) to determine the effectiveness of programs and 
     activities in assisting children who are limited English 
     proficient to attain English proficiency (as measured 
     consistent with subsection (d)) and meet challenging State 
     content standards and challenging State student performance 
     standards; and
       ``(3) in determining whether or not to continue funding for 
     specific programs or projects.
       ``(c) Evaluation Components.--An evaluation provided by an 
     eligible entity under subsection (a) shall include--
       ``(1) an evaluation of whether students enrolling in a 
     program or activity conducted by the entity with funds 
     received under part A--
       ``(A) have attained English proficiency and are meeting 
     challenging State content standards and challenging State 
     student performance standards; and
       ``(B) have achieved a working knowledge of the English 
     language that is sufficient to permit them to perform, in 
     English, in a classroom that is not tailored to limited 
     English proficient children; and
       ``(2) such other information as the State or the Secretary 
     may require.
       ``(d) Evaluation Measures.--In prescribing the form of an 
     evaluation provided by an entity under subsection (a), a 
     State or the Secretary shall approve evaluation measures, as 
     applicable, for use under subsection (c) that are designed to 
     assess--
       ``(1) oral language proficiency in kindergarten;
       ``(2) oral language proficiency, including speaking and 
     listening skills, in first grade;
       ``(3) both oral language proficiency, including speaking 
     and listening skills, and reading and writing proficiency in 
     grades two and higher; and

[[Page H10483]]

       ``(4) attainment of challenging State performance 
     standards.

     ``SEC. 7404. CONSTRUCTION.

       ``Nothing in part A shall be construed as requiring a State 
     or a local educational agency to establish, continue, or 
     eliminate a program of native language instruction.

     ``SEC. 7405. LIMITATION ON FEDERAL REGULATIONS.

       ``The Secretary shall issue regulations under this title 
     only to the extent that such regulations are necessary to 
     ensure compliance with the specific requirements of this 
     title.

     ``SEC. 7406. LEGAL AUTHORITY UNDER STATE LAW.

       ``Nothing in this title shall be construed to negate or 
     supersede the legal authority, under State law, of any State 
     agency, State entity, or State public official over programs 
     that are under the jurisdiction of the State agency, entity, 
     or official.

     ``SEC. 7407. CIVIL RIGHTS.

       ``Nothing in this title shall be construed in a manner 
     inconsistent with any Federal law guaranteeing a civil right.

     ``SEC. 7408. RULE OF CONSTRUCTION.

       ``Nothing in part A shall be construed to limit the 
     preservation or use of Native American languages as defined 
     in the Native American Languages Act or Alaska Native 
     languages.

     ``SEC. 7409. REPORT.

       ``The Secretary shall prepare, and submit to the Secretary 
     and to the Committee on Education and the Workforce of the 
     House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions of the Senate, a report on--
       ``(1) the activities carried out under this title and the 
     effectiveness of such activities in increasing the English 
     proficiency of limited English proficient children and 
     helping them to meet challenging State content standards and 
     challenging State performance standards;
       ``(2) the types of instructional programs used under 
     subpart 1 to teach limited English proficient children;
       ``(3) the number of programs, if any, which were terminated 
     from the program because they were not able to reach program 
     goals; and
       ``(4) other information gathered as part of the evaluation 
     conducted under section 7403.

     ``SEC. 7410. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

       ``Programs authorized under subparts 1 and 2 of 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 title may include 
     programs of instruction, teacher training, curriculum 
     development, evaluation, and testing designed for Native 
     American children learning and studying Native American 
     languages and children of limited Spanish proficiency, except 
     that a primary outcome of programs serving such children 
     shall be increased English proficiency among such 
     children.''.

     SEC. 902. CONFORMING AMENDMENT TO DEPARTMENT OF EDUCATION 
                   ORGANIZATION ACT.

       (a) In General.--The Department of Education Organization 
     Act is amended by striking ``Office of Bilingual Education 
     and Minority Languages Affairs'' each place such term appears 
     in the text and inserting ``Office of Educational Services 
     for Limited English Proficient Children''.
       (b) Clerical Amendments.--
       (1) Section 209.--The section heading for section 209 of 
     the Department of Education Organization Act is amended to 
     read as follows:


    ``office of educational services for limited english proficient 
                              children''.

       (2) Section 216.--The section heading for section 216 of 
     the Department of Education Organization Act is amended to 
     read as follows:

     ``SEC. 216. OFFICE OF EDUCATIONAL SERVICES FOR LIMITED 
                   ENGLISH PROFICIENT CHILDREN.''.

       (3) Table of contents.--
       (A) Section 209.--The table of contents of the Department 
     of Education Organization Act is amended by amending the item 
     relating to section 209 to read as follows:

``Sec. 209. Office of Educational Services for Limited English 
              Proficient Children.''.

       (B) Section 216.--The table of contents of the Department 
     of Education Organization Act is amended by amending the item 
     relating to section 216 to read as follows:

``Sec. 216. Office of Educational Services for Limited English 
              Proficient Children.''.


        Modification to Amendment No. 5 Offered By Mr. Goodling

  Mr. GOODLING. Madam Chairman, I ask unanimous consent that the 
amendment be modified with the modification at the desk.
  The CHAIRMAN. The Clerk will report the modification.
  The Clerk read as follows:

       Amendment No. 5, as modified, offered by Mr. Goodling:
       In section 1112(b) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     106 of the bill--
       (1) in paragraph (10), by striking the ``and'' after the 
     semicolon;
       (2) in paragraph (11), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(12) a description of the criteria established by the 
     local educational agency pursuant to section 1119(b)(1).

       In section 1112(g) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     106(f) of the bill, strike subparagraph (A) of paragraph (2) 
     and insert the following:

       ``(A) Agency requirements.--
       ``(i) Informed consent.--For a child who has been 
     identified as limited English proficient prior to the 
     beginning of the school year, each local educational agency 
     that receives funds under this part shall obtain informed 
     parental consent prior to the placement of a child in an 
     English language instruction program for limited English 
     proficient children funded under this part, if--

       ``(I) the program does not include classes which 
     exclusively or almost exclusively use the English language in 
     instruction; or
       ``(II) instruction is tailored for limited English 
     proficient children.

       ``(ii) Written consent not obtained.--If written consent is 
     not obtained, the local educational agency shall maintain a 
     written record that includes the date and the manner in which 
     such informed consent was obtained.
       ``(iii) Response not obtained.--

       ``(I) In general.--If a response cannot be obtained after a 
     reasonable and substantial effort has been made to obtain 
     such consent, the local educational agency shall document 
     that it has given such notice and its specific efforts made 
     to obtain such consent.
       ``(II) Delivery of proof of documentation.--The proof of 
     documentation shall be mailed or delivered in writing to the 
     parents or guardian of the child prior to placing the child 
     in a program described under in clause (i), and shall include 
     a final notice requesting parental consent for such services. 
     After such documentation has been mailed or delivered in 
     writing, the local educational agency shall provide 
     appropriate educational services.
       ``(III) Special rule applicable during school year.--A 
     local educational agency may obtain parental consent under 
     this subclause only for children who have not been identified 
     as limited English proficient prior to the beginning of a 
     school year. For such children the agency shall document, in 
     writing, its specific efforts made to obtain such consent 
     prior to placing the child in a program described in clause 
     (i). After such documentation has been made, the local 
     educational agency shall provide appropriate educational 
     services to such child. The proof of documentation shall be 
     mailed or delivered in writing to the parents or guardian of 
     the child in a timely manner and shall include information on 
     how to have their child immediately removed from the program 
     upon their request. This subclause shall not be construed as 
     exempting a local educational agency from complying with the 
     requirements of this subparagraph.

       In section 1124(c)(1) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     121 of the bill--
       (1) in subparagraph (A), strike ``and'' after the 
     semicolon;
       (2) in subparagraph (B), strike the period and insert ``; 
     and''; and
       (3) add at the end the following:
       ``(C) 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 (4).''.

       In section 1124(c)(4) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     121 of the bill--
       (1) insert before the first sentence the following: ``For 
     the 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 a 
     State program funded under part A of 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.'';
       (2) in the first sentence after the sentence inserted by 
     paragraph (1)--
       (A) insert ``the number of such children and'' after 
     ``determine''; and
       (B) insert ``(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)'' after ``fiscal year''.

       Amend subparagraph (C) of section 1701(b)(2) of the 
     Elementary and Secondary Education Act of 1965, as proposed 
     to be amended by section 171 of the bill, to read as follows:
       ``(C) Reallocation.--If a State does not apply for funds 
     under this section, the Secretary shall reallocate such funds 
     to other States that do apply in proportion to the amount 
     allocated to such States under subparagraph (B).''.

       In section 5204(a) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be added by section 201 
     of the bill--

[[Page H10484]]

       (1) in paragraph (1), insert ``the design and development 
     of new strategies for overcoming transportation barriers,'' 
     after ``effective public school choice''; and
       (2) in paragraph (2)(A), after ``inter-district'' insert 
     ``or intra-district''; and
       (3) amend subparagraph (E) to read as follows:
       ``(E) public school choice programs that augment the 
     existing transportation services necessary to meet the needs 
     of children participating in such programs.''.

       In section 5204(b) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be added by section 201 
     of the bill--
       (1) in paragraph (1), after the semicolon insert ``and'';
       (2) strike paragraph (2); and
       (3) redesignate paragraph (3) as paragraph (2).

       In section 9116(c) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     401 of the bill--
       (1) insert ``funds for'' after ``(b) shall include''; and
       (2) strike ``, or portion thereof,'' and insert 
     ``exclusively serving Indian children or the funds reserved 
     under any program to exclusively serve Indian children''.

       In section 15004(a)(2) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     301 of the bill, strike ``state, or federal laws, rules or 
     regulations'' and insert ``State, and Federal laws, rules and 
     regulations''.

       In section 1121(c)(1) of the Education Amendments of 1978, 
     as proposed to be amended by section 410 of the bill, strike 
     ``1 year'' and insert ``2 years''.

       In the heading for section 1123 of the Education Amendments 
     of 1978, as proposed to be amended by section 410 of the 
     bill, insert ``codification of'' before ``regulations''.

       In section 1126(b) of the Education Amendments of 1978, as 
     proposed to be amended by section 410 of the bill, strike 
     ``maintenance to schools'' and insert ``maintenance of 
     schools''.

       In the heading for section 1138(b)(2) of the Education 
     Amendments of 1978, as proposed to be amended by section 410 
     of the bill, strike ``General'' and all that follows through 
     the semicolon.

       In section 1138(b)(2) of the Education Amendments of 1978, 
     as proposed to be amended by section 410 of the bill, strike 
     ``Regulations required'' and all that follows through ``Such 
     regulations shall'' and insert ``Regulations issued to 
     implement this Act shall''.

       In section 1138A(b)(1) of the Education Amendments of 1978, 
     as proposed to be amended by section 410 of the bill, strike 
     ``, provided that the'' and all that follow through the end 
     of the paragraph and insert a period.

       In section 1138A(b) of the Education Amendments of 1978, as 
     proposed to be amended by section 410 of the bill, 
     redesignate paragraph (2) as paragraph (3), and insert the 
     following new paragraph (2) after paragraph (1):

       ``(2) Notification to congress.--If draft regulations 
     implementing this part and the Tribally Controlled Schools 
     Act of 1988 are not issued in final form by the deadline 
     provided in paragraph (1), the Secretary shall notify the 
     appropriate committees of Congress of which draft regulations 
     were not issued in final form by the deadline and the reason 
     such final regulations were not issued.

       In section 5209(a) of Public Law 100-297, as proposed to be 
     amended by section 420 of the bill--
       (1) strike ``106(f)'' and insert ``106(e)'';
       (2) strike ``106(j)'' and insert ``106(i)''; and
       (3) strike ``106(k)'' and insert ``106(j)''.

       In section 722(g)(3)(C) of the Stewart B. McKinney Homeless 
     Education Assistance Act (42 U.S.C. 11432(g)(3)(C)), as 
     proposed to be amended by section 704 of the bill--
       (1) in clause (i), strike ``Except as provided in clause 
     (iii), a'' and insert ``A''; and
       (2) amend clause (iii) to read as follows:

       ``(iii) ``If the child or youth needs to obtain 
     immunizations or immunization records, the enrolling school 
     shall immediately refer the parent or guardian of the child 
     or youth to the liaison who shall assist in obtaining 
     necessary immunizations or immunization records in accordance 
     with subparagraph (E).''

       In section 722(g)(3)(E)(i) of the Stewart B. McKinney 
     Homeless Education Assistance Act (42 U.S.C. 
     11432(g)(3)(E)(i)), as proposed to be amended by section 704 
     of the bill, strike ``except as provided in subparagraph 
     (C)(iii),''.

       At the end of the bill, add the following:

    TITLE IX--EDUCATION OF LIMITED ENGLISH PROFICIENT CHILDREN AND 
                     EMERGENCY IMMIGRANT EDUCATION

     SEC. 901. PROGRAMS AUTHORIZED.

       Title VII of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7401 et seq.) is amended to read as follows:

   ``TITLE VII--EDUCATION OF LIMITED ENGLISH PROFICIENT CHILDREN AND 
                     EMERGENCY IMMIGRANT EDUCATION

                  ``PART A--ENGLISH LANGUAGE EDUCATION

     ``SEC. 7101. SHORT TITLE.

       ``This part may be cited as the `English Language 
     Proficiency and Academic Achievement Act'.

     ``SEC. 7102. FINDINGS AND PURPOSES.

       ``(a) Findings.--The Congress finds that--
       ``(1) English is the common language of the United States 
     and every citizen and other person residing in the United 
     States should have a command of the English language in order 
     to develop to their full potential;
       ``(2) limited English proficient children must overcome a 
     number of challenges in receiving an education in order to 
     enable such children 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 need for additional teachers and other staff who 
     are professionally trained and qualified to serve such 
     children;
       ``(3) States and local educational agencies need assistance 
     in developing the capacity to provide programs of instruction 
     that offer and provide an equal educational opportunity to 
     children who need special assistance because English is not 
     their dominant language;
       ``(4) 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;
       ``(5) 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 
     educational agencies take appropriate action to provide equal 
     educational opportunities to children of limited English 
     proficiency; and
       ``(6) research, evaluation, and data collection 
     capabilities in the field of instruction for limited English 
     proficient children need to be strengthened so that educators 
     and other staff teaching limited English proficient children 
     in the classroom can better identify and promote programs, 
     program implementation strategies, and instructional 
     practices that result in the effective education of limited 
     English proficient children.
       ``(b) Purposes.--The purposes of this part are--
       ``(1) to help ensure that children who are limited English 
     proficient attain English proficiency, develop high levels of 
     academic attainment in English, and meet the same challenging 
     State content standards and challenging State student 
     performance standards expected of all children; and
       ``(2) to develop high quality programs designed to assist 
     local educational agencies in teaching limited English 
     proficient children.

     ``SEC. 7103. PARENTAL NOTIFICATION AND CONSENT FOR ENGLISH 
                   LANGUAGE INSTRUCTION.

       ``(a) Notification.--If a local educational agency uses 
     funds under this part to provide English language instruction 
     to limited English proficient children, the agency shall 
     inform a parent or the parents of a child participating in an 
     English language instruction program for limited English 
     proficient children assisted under this part of--
       ``(1) the reasons for the identification of the child as 
     being in need of English language instruction;
       ``(2) the child's level of English proficiency, how such 
     level was assessed, and the status of the child's academic 
     achievement;
       ``(3) how the English language instruction program will 
     specifically help the child acquire English and meet age-
     appropriate standards for grade promotion and graduation;
       ``(4) what the specific exit requirements are for the 
     program;
       ``(5) the expected rate of transition from the program into 
     a classroom that is not tailored for limited English 
     proficient children; and
       ``(6) the expected rate of graduation from high school for 
     the program if funds under this part are used for children in 
     secondary schools.
       ``(b) Consent.--
       ``(1) Agency requirements.--
       ``(A) Informed consent.--For a child who has been 
     identified as limited English proficient prior to the 
     beginning of the school year, each local educational agency 
     that receives funds under this part shall obtain informed 
     parental consent prior to the placement of a child in an 
     English language instruction program for limited English 
     proficient children funded under this part, if--
       ``(i) the program does not include classes which 
     exclusively or almost exclusively use the English language in 
     instruction; or
       ``(ii) instruction is tailored for limited English 
     proficient children.
       ``(B) Written consent not obtained.--If written consent is 
     not obtained, the local educational agency shall maintain a 
     written record that includes the date and the manner in which 
     such informed consent was obtained.
       ``(C) Response not obtained.--
       ``(i) In general.--If a response cannot be obtained after a 
     reasonable and substantial effort has been made to obtain 
     such consent, the local educational agency shall document 
     that it has given such notice and its specific efforts made 
     to obtain such consent.

[[Page H10485]]

       ``(ii) Delivery of proof of documentation.--The proof of 
     documentation shall be mailed or delivered in writing to the 
     parents or guardian of the child prior to placing the child 
     in a program described in subparagraph (A), and shall include 
     a final notice requesting parental consent for such services. 
     After such documentation has been mailed or delivered in 
     writing, the local educational agency shall provide 
     appropriate educational services.
       ``(iii) Special rule applicable during school year.--A 
     local educational agency may obtain parental consent under 
     this clause only for children who have not been identified as 
     limited English proficient prior to the beginning of a school 
     year. For such children the agency shall document, in 
     writing, its specific efforts made to obtain such consent 
     prior to placing the child in a program described in 
     subparagraph (A). After such documentation has been made, the 
     local educational agency shall provide appropriate 
     educational services to such child. The proof of 
     documentation shall be mailed or delivered in writing to the 
     parents or guardian of the child in a timely manner and shall 
     include information on how to have their child immediately 
     removed from the program upon their request. This clause 
     shall not be construed as exempting a local educational 
     agency from complying with the requirements of this 
     paragraph.
       ``(2) Parental rights.--A parent or the parents of a child 
     participating in an English language instruction program for 
     limited English proficient children assisted under subpart 1 
     or 2 shall--
       ``(A) select among methods of instruction, if more than one 
     method is offered in the program; and
       ``(B) have the right to have their child immediately 
     removed from the program upon their request.
       ``(c) Receipt of Information.--A parent or the parents of a 
     child identified for participation in an English language 
     instruction program for limited English proficient children 
     assisted under this part shall receive, in a manner and form 
     understandable to the parent or parents, the information 
     required by this subsection. At a minimum, the parent or 
     parents shall receive--
       ``(1) timely information about English language instruction 
     programs for limited English proficient children assisted 
     under this part;
       ``(2) if a parent of a participating child so desires, 
     notice of opportunities for regular meetings for the purpose 
     of formulating and responding to recommendations from such 
     parents; and
       ``(3) procedural information for removing a child from a 
     program for limited English proficient children.
       ``(d) Basis for Admission or Exclusion.--Students shall not 
     be admitted to or excluded from any federally assisted 
     education program on the basis of a surname or language-
     minority status.

     ``SEC. 7104. TESTING OF LIMITED ENGLISH PROFICIENT CHILDREN.

       ``(a) In General.--Assessments of limited English 
     proficient children participating in programs funded under 
     this part, to the extent practicable, shall be in the 
     language and form most likely to yield accurate and reliable 
     information on what such students know and can do in content 
     areas.
       ``(b) Special Rule.--Notwithstanding subsection (a), in the 
     case of an assessment of reading or language arts of any 
     student who has attended school in the United States 
     (excluding Puerto Rico) for 3 or more consecutive school 
     years, the assessment shall be in the form of a test written 
     in English, except that, if the local educational agency 
     determines, on a case-by-case individual basis, that 
     assessments in another language and form would likely yield 
     more accurate and reliable information on what such students 
     know and can do, the local educational agency may assess such 
     students in the appropriate language other than English for 1 
     additional year.

     ``SEC. 7105. CONDITIONS ON EFFECTIVENESS OF SUBPARTS 1 AND 2.

       ``(a) Subpart 1.--Subpart 1 shall be in effect only for a 
     fiscal year for which subpart 2 is not in effect.
       ``(b) Subpart 2.--
       ``(1) In general.--Subpart 2 shall be in effect only for--
       ``(A) the first fiscal year for which the amount 
     appropriated to carry out this part equals or exceeds 
     $220,000,000; and
       ``(B) all succeeding fiscal years.
       ``(2) Continuation of awards.--Notwithstanding any other 
     provision of this part, a State receiving a grant under 
     subpart 2 shall provide 1 additional year of funding to 
     eligible entities in accordance with section 7133(3).

     ``SEC. 7106. AUTHORIZATIONS OF APPROPRIATIONS.

       ``(a) Subpart 1 or 2.--Subject to section 7105, for the 
     purpose of carrying out subpart 1 or 2, as applicable, there 
     are authorized to be appropriated $220,000,000 for fiscal 
     year 2000 and such sums as may be necessary for the 4 
     succeeding fiscal years.
       ``(b) Subpart 3.--For the purpose of carrying out subpart 
     3, there are authorized to be appropriated $60,000,000 for 
     fiscal year 2000 and such sums as may be necessary for the 4 
     succeeding fiscal years.
       ``(c) Subpart 4.--For the purpose of carrying out subpart 
     4, there are authorized to be appropriated $16,000,000 for 
     fiscal year 2000 and such sums as may be necessary for the 4 
     succeeding fiscal years.

                ``Subpart 1--Discretionary Grant Program

     ``SEC. 7111. FINANCIAL ASSISTANCE FOR PROGRAMS FOR LIMITED 
                   ENGLISH PROFICIENT CHILDREN.

       ``The purpose of this subpart is to assist local 
     educational agencies, institutions of higher education, and 
     community-based organizations, through the grants authorized 
     under section 7112, to--
       ``(1) develop and enhance their capacity to provide high-
     quality instruction through English language instruction and 
     programs which assist limited English proficient children in 
     achieving the same high levels of academic achievement as 
     other children; and
       ``(2) help such children--
       ``(A) develop proficiency in English; and
       ``(B) meet the same challenging State content standards and 
     challenging State student performance standards expected for 
     all children as required by section 1111(b).

     ``SEC. 7112. FINANCIAL ASSISTANCE FOR INSTRUCTIONAL SERVICES.

       ``(a) Program Authorized.--
       ``(1) In general.--In accordance with section 7105, before 
     the amount appropriated to carry out this part for a fiscal 
     year equals or exceeds $220,000,000, the Secretary is 
     authorized to award grants to eligible entities having 
     applications approved under section 7114 to enable such 
     entities to carry out activities described in subsection (b).
       ``(2) Length of grant.--Each grant under this section shall 
     be awarded for a period of time to be determined by the 
     Secretary based on the type of grant for which the eligible 
     entity applies.
       ``(b) Authorized Activities.--Grants awarded under this 
     section shall be used to improve the education of limited 
     English proficient children and their families, through the 
     acquisition of English and the attainment of challenging 
     State academic content standards and challenging State 
     performance standards using scientifically-based research 
     approaches and methodologies, by--
       ``(1) developing and implementing new English language and 
     academic content instructional programs for children who are 
     limited English proficient, including programs of early 
     childhood education and kindergarten through 12th grade 
     education;
       ``(2) carrying out highly focused, innovative, locally 
     designed projects to expand or enhance existing English 
     language and academic content instruction programs for 
     limited English proficient children;
       ``(3) implementing, within an individual school, schoolwide 
     programs for restructuring, reforming, and upgrading all 
     relevant programs and operations relating to English language 
     and academic content instruction for limited English 
     proficient students; or
       ``(4) implementing, within the entire jurisdiction of a 
     local educational agency, agency-wide programs for 
     restructuring, reforming, and upgrading all relevant programs 
     and operations relating to English language and academic 
     content instruction for limited English proficient students.
       ``(c) Uses of Funds.--Grants under this section may be 
     used--
       ``(1) to upgrade program objectives and effective 
     instructional strategies;
       ``(2) to improve the instruction program for limited 
     English proficient students by identifying, acquiring, and 
     upgrading curricula, instructional materials, educational 
     software, and assessment procedures;
       ``(3) to provide--
       ``(A) tutorials and academic or vocational education for 
     limited English proficient children; and
       ``(B) intensified instruction;
       ``(4) to develop and implement comprehensive preschool or 
     elementary or secondary school English language instructional 
     programs that are coordinated with other relevant programs 
     and services;
       ``(5) to provide professional development to classroom 
     teachers, administrators, and other school or community-based 
     organizational personnel to improve the instruction and 
     assessment of children who are limited English proficient 
     children;
       ``(6) to improve the English language proficiency and 
     academic performance of limited English proficient children;
       ``(7) to improve the instruction of limited English 
     proficient children by providing for the acquisition or 
     development of education technology or instructional 
     materials, 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 subpart;
       ``(8) to develop tutoring programs for limited English 
     proficient children that provide early intervention and 
     intensive instruction in order to improve academic 
     achievement, to increase graduation rates among limited 
     English proficient children, and to prepare students for 
     transition as soon as possible into classrooms where 
     instruction is not tailored for limited English proficient 
     children;
       ``(9) to provide family literacy services and parent 
     outreach and training activities to limited English 
     proficient children and their families to improve their 
     English language skills and assist parents in helping their 
     children to improve their academic performance; and
       ``(10) to undertake other activities that are consistent 
     with the purposes of this subpart.
       ``(d) Special Rule.--A grant recipient, before carrying out 
     a program assisted under this section, shall plan, train 
     personnel, develop curricula, and acquire or develop 
     materials.

[[Page H10486]]

       ``(e) Eligible Entities.--For the purpose of this section, 
     the term `eligible entity' means--
       ``(1) 1 or more local educational agencies; or
       ``(2) 1 or more local educational agencies in collaboration 
     with an institution of higher education, community-based 
     organization, or local or State educational agency.

     ``SEC. 7113. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN 
                   SCHOOL.

       ``(a) Eligible Entities.--For the purpose of carrying out 
     programs under this subpart for individuals served by 
     elementary, secondary, and postsecondary schools operated 
     predominately for Native American or Alaska Native children, 
     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 subpart, 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 subpart, each eligible entity 
     described in subsection (a) shall submit any application for 
     assistance under this subpart directly to the Secretary along 
     with timely comments on the need for the proposed program.

     ``SEC. 7114. 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) Required Documentation.--Such application shall 
     include documentation that the applicant has the qualified 
     personnel required to develop, administer, and implement the 
     proposed program.
       ``(c) Contents.--
       ``(1) In general.--An application for a grant under this 
     subpart shall contain the following:
       ``(A) A description of the need for the proposed program, 
     and a comprehensive description of the characteristics 
     relevant to the children being served.
       ``(B) An assurance that, if the applicant includes one or 
     more local educational agencies, each such agency is 
     complying with section 7103(b) prior to, and throughout, each 
     school year.
       ``(C) A description of the program to be implemented and 
     how such program's design--
       ``(i) relates to the English language and academic needs of 
     the children of limited English proficiency to be served;
       ``(ii) is coordinated with other programs under this Act 
     and other Acts, as appropriate, in accordance with section 
     14306;
       ``(iii) involves the parents of the children of limited 
     English proficiency to be served;
       ``(iv) ensures accountability in achieving high academic 
     standards; and
       ``(v) promotes coordination of services for the children of 
     limited English proficiency to be served and their families.
       ``(D) 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.
       ``(E) An assurance that the applicant will not reduce the 
     level of State and local funds that the applicant expends for 
     programs for limited English proficient children if the 
     applicant receives an award under this subpart.
       ``(F) An assurance that the applicant will employ teachers 
     in the proposed program who are proficient in English, 
     including written and oral communication skills, and another 
     language, if appropriate.
       ``(G) A budget for grant funds.
       ``(H) A description, if appropriate of how the applicant 
     annually will assess the English proficiency of all children 
     with limited English proficiency participating in programs 
     funded under this subpart.
       ``(2) Additional information.--Each applicant for a grant 
     under section 7112 who intends to use the grant for a purpose 
     described in paragraph (3) or (4) of subsection (b) of such 
     section--
       ``(A) shall describe--
       ``(i) how services provided under this subpart are 
     supplementary to existing services;
       ``(ii) how funds received under this subpart will be 
     integrated, as appropriate, with all other Federal, State, 
     local, and private resources that may be used to serve 
     children of limited English proficiency;
       ``(iii) specific achievement and school retention goals for 
     the children to be served by the proposed program and how 
     progress toward achieving such goals will be measured; and
       ``(iv) current family literacy programs if applicable; and
       ``(B) shall provide assurances that the program funded will 
     be integrated with the overall educational program.
       ``(d) 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 English and other languages 
     used in instruction, if appropriate.
       ``(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 limited 
     English proficient children 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; and
       ``(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.
       ``(e) 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.

     ``SEC. 7115. 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) applying technology to the course of instruction; and
       ``(3) providing intensified instruction through 
     supplementary instruction or activities, including 
     educationally enriching extracurricular activities, during 
     times when school is not routinely in session.

     ``SEC. 7116. 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 English language 
     instruction and programs which assist limited English 
     proficient children in achieving the same high levels of 
     academic achievement as other children, once Federal 
     assistance is reduced or eliminated.

     ``SEC. 7117. 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. 7118. SPECIAL CONSIDERATION.

       ``The Secretary shall give special consideration to 
     applications under this subpart that describe a program 
     that--
       ``(1) enrolls a large percentage or large number of limited 
     English proficient students;

[[Page H10487]]

       ``(2) takes into account significant increases in limited 
     English proficient children, including such children in areas 
     with low concentrations of such children; 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. 7119. 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 and other Acts, as appropriate, in accordance with 
     section 14306.

     ``SEC. 7120. NOTIFICATION.

       ``The State educational agency, and when applicable, the 
     State board for postsecondary education, shall be notified 
     within 3 working days of the date an award under this subpart 
     is made to an eligible entity within the State.

     ``SEC. 7121. 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 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--
       ``(A) to assist local educational agencies in the State 
     with program design, capacity building, assessment of student 
     performance, and program evaluation; and
       ``(B) to collect data on the State's limited English 
     proficient populations and the educational programs and 
     services available to such populations.
       ``(2) Exception.--States that do not, as of the date of 
     enactment of the Student Results Act of 1999, have in place a 
     system for collecting the data described in paragraph (1)(B) 
     for all students in such State, are not required to meet the 
     requirement of such paragraph. 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.
       ``(4) Special rule.--Recipients of funds under this section 
     shall not restrict the provision of services under this 
     section to federally funded programs.
       ``(d) 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.
       ``(e) 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.
       ``(f) 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.

                   ``Subpart 2--Formula Grant Program

     ``SEC. 7131. FORMULA GRANTS TO STATES.

       ``(a) In General.--In accordance with section 7105, after 
     the amount appropriated to carry out this part for a fiscal 
     year equals or exceeds $220,000,000, in the case of each 
     State that in accordance with section 7133 submits to the 
     Secretary an application for a fiscal year, after reserving 
     funds under subsection (b), the Secretary shall make a grant 
     for the year to the State for the purposes specified in 
     subsection (c). The grant shall consist of the allotment 
     determined for the State under section 7135.
       ``(b) Reservation.--From the amount appropriated to carry 
     out this part for any fiscal year, the Secretary shall 
     reserve not less than .5 percent to provide Federal financial 
     assistance under this subpart to entities that are considered 
     to be a local educational agency under section 7113(a).
       ``(c) Purposes of Grants.--
       ``(1) Required expenditures.--The Secretary may make a 
     grant under subsection (a) only if the State involved agrees 
     that the State will expend at least 95 percent of the amount 
     of the funds provided under the grant for the purpose of 
     making subgrants to eligible entities to provide assistance 
     to limited English proficient children in accordance with 
     section 7134.
       ``(2) Authorized expenditures.--Subject to paragraph (3), a 
     State that receives a grant under subsection (a) may expend 
     not more than 5 percent of the amount of the funds provided 
     under the grant for one or more of the following purposes:
       ``(A) Professional development and activities that assist 
     personnel in meeting State and local certification 
     requirements for English language instruction.
       ``(B) Planning, administration, and interagency 
     coordination related to the subgrants referred to in 
     paragraph (1).
       ``(C) Providing technical assistance and other forms of 
     assistance to local educational agencies that--
       ``(i) educate limited English proficient children; and
       ``(ii) are not receiving a subgrant from a State under this 
     subpart.
       ``(D) Providing bonuses to subgrantees whose performance 
     has been exceptional in terms of the speed with which 
     children enrolled in the subgrantee's programs and activities 
     attain English language proficiency and meet challenging 
     State content standards and challenging State student 
     performance standards.
       ``(3) Limitation on administrative costs.--In carrying out 
     paragraph (2), a State that receives a grant under subsection 
     (a) may expend not more than 2 percent of the amount of the 
     funds provided under the grant for the purposes described in 
     paragraph (2)(B).

     ``SEC. 7132. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN 
                   SCHOOL.

       ``(a) Eligible Entities.--For the purpose of carrying out 
     programs under this subpart for individuals served by 
     elementary, secondary, and postsecondary schools operated 
     predominately for Native American or Alaska Native children, 
     the following shall be considered to be a local educational 
     agency:
       ``(1) An Indian tribe.
       ``(2) A tribally sanctioned educational authority.
       ``(3) A Native Hawaiian or Native American Pacific Islander 
     native language educational organization.
       ``(4) An elementary or secondary school that is operated or 
     funded by the Bureau of Indian Affairs, or a consortium of 
     such schools.
       ``(5) An elementary or secondary school operated under a 
     contract with or grant from the Bureau of Indian Affairs, in 
     consortium with another such school or a tribal or community 
     organization.
       ``(6) An elementary or secondary school operated by the 
     Bureau of Indian Affairs and an institution of higher 
     education, in consortium with an elementary or secondary 
     school operated under a contract with or grant from the 
     Bureau of Indian Affairs or a tribal or community 
     organization.
       ``(b) Submission of Applications for Assistance.--
     Notwithstanding any other provision of this subpart, an 
     entity that is considered to be a local educational agency 
     under subsection (a), and that desires to submit an 
     application for Federal financial assistance under this 
     subpart, shall submit the application to the Secretary. In 
     all other respects, such an entity shall be eligible for a 
     grant under this subpart on the same basis as any other local 
     educational agency.

     ``SEC. 7133. APPLICATIONS BY STATES.

       ``For purposes of section 7131, an application submitted by 
     a State for a grant under such section for a fiscal year is 
     in accordance with this section if the application--
       ``(1) describes the process that the State will use in 
     making subgrants to eligible entities under this subpart;
       ``(2) contains an agreement that the State annually will 
     submit to the Secretary a summary report, describing the 
     State's use of the funds provided under the grant;
       ``(3) contains an agreement that the State--
       ``(A) will provide 1 year of funding for an application for 
     a subgrant under section 7134 from an eligible entity that 
     describes a program that, on the day preceding the date of 
     the enactment of the Student Results Act of 1999, was 
     receiving funding under a grant--
       ``(i) awarded by the Secretary under subpart 1 or 3 of part 
     A of the Bilingual Education Act (as such Act was in effect 
     on such day); and
       ``(ii) that was not under its terms due to expire before a 
     period of 1 year or more had elapsed; and
       ``(B) after such 1-year extension, will give special 
     consideration to such applications if the period of their 
     award would not yet otherwise have expired if the Student 
     Results Act of 1999 had not been enacted.
       ``(4) contains an agreement that, in carrying out this 
     subpart, the State will address the needs of school systems 
     of all sizes and in all geographic areas, including rural and 
     urban schools;
       ``(5) contains an agreement that subgrants to eligible 
     entities under section 7134 shall be of sufficient size and 
     scope to allow such entities to carry out high quality 
     education programs for limited English proficient children;
       ``(6) contains an agreement that the State will coordinate 
     its programs and activities under this subpart with its other 
     programs and activities under this Act and other Acts, as 
     appropriate;
       ``(7) contains an agreement that the State--
       ``(A) shall monitor the progress of students enrolled in 
     programs and activities receiving assistance under this 
     subpart in attaining

[[Page H10488]]

     English proficiency and in attaining challenging State 
     content standards and challenging State performance 
     standards;
       ``(B) subject to subparagraph (C), after the 1-year period 
     described in such subparagraph, shall withdraw funding from 
     such programs and activities in cases where the majority of 
     students are not attaining English proficiency and attaining 
     challenging State content standards and challenging State 
     performance standards after 3 academic years of enrollment 
     based on the evaluation measures in section 7403(d); and
       ``(C) shall provide technical assistance to eligible 
     entities that fail to satisfy the criterion in subparagraph 
     (B) for 1 year prior to the withdrawal of funding under such 
     subparagraph;
       ``(8) contains an assurance that the State will require 
     eligible entities receiving a subgrant under section 7134 
     annually to assess the English proficiency of all children 
     with limited English proficiency participating in a program 
     funded under this subpart; and
       ``(9) contains an agreement that States will require 
     eligible entities receiving a grant under this subpart to use 
     the grant in ways that will build such recipient's capacity 
     to continue to offer high-quality English language 
     instruction and programs which assist limited English 
     proficient children in attaining challenging State content 
     standards and challenging State performance standards once 
     assistance under this subpart is no longer available.

     ``SEC. 7134. SUBGRANTS TO ELIGIBLE ENTITIES.

       ``(a) Purposes of Subgrants.--A State may make a subgrant 
     to an eligible entity from funds received by the State under 
     this subpart only if the entity agrees to expend the funds to 
     improve the education of limited English proficient children 
     and their families, through the acquisition of English and 
     the attainment of challenging State academic content 
     standards and challenging State performance standards, using 
     scientifically-based research approaches and methodologies, 
     by--
       ``(1) developing and implementing new English language and 
     academic content instructional programs for children who are 
     limited English proficient, including programs of early 
     childhood education and kindergarten through 12th grade 
     education;
       ``(2) carrying out highly focused, innovative, locally 
     designed projects to expand or enhance existing English 
     language and academic content instruction programs for 
     limited English proficient children;
       ``(3) implementing, within an individual school, schoolwide 
     programs for restructuring, reforming, and upgrading all 
     relevant programs and operations relating to English language 
     and academic content instruction for limited English 
     proficient students; or
       ``(4) implementing, within the entire jurisdiction of a 
     local educational agency, agency-wide programs for 
     restructuring, reforming, and upgrading all relevant programs 
     and operations relating to English language and academic 
     content instruction for limited English proficient 
     students.
       ``(b) Authorized Subgrantee Activities.--
       ``(1) In general.--Subject to paragraph (2), a State may 
     make a subgrant to an eligible entity from funds received by 
     the State under this subpart in order that the eligible 
     entity may achieve one of the purposes described in 
     subsection (a) by undertaking one or more of the following 
     activities to improve the understanding, and use, of the 
     English language, based on a child's learning skills:
       ``(A) Upgrading program objectives and effective 
     instructional strategies.
       ``(B) Improving the instruction program for limited English 
     proficient students by identifying, acquiring, and upgrading 
     curricula, instructional materials, educational software, and 
     assessment procedures.
       ``(C) Providing--
       ``(i) tutorials and academic or vocational education for 
     limited English proficient children; and
       ``(ii) intensified instruction.
       ``(D) Developing and implementing comprehensive preschool 
     or elementary or secondary school English language 
     instructional programs that are coordinated with other 
     relevant programs and services.
       ``(E) Providing professional development to classroom 
     teachers, administrators, and other school or community-based 
     organizational personnel to improve the instruction and 
     assessment of children who are limited English proficient 
     children.
       ``(F) Improving the English language proficiency and 
     academic performance of limited English proficient children.
       ``(G) Improving the instruction of limited English 
     proficient children by providing for the acquisition or 
     development of education technology or instructional 
     materials, 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 subpart.
       ``(H) Developing tutoring programs for limited English 
     proficient children that provide early intervention and 
     intensive instruction in order to improve academic 
     achievement, to increase graduation rates among limited 
     English proficient children, and to prepare students for 
     transition as soon as possible into classrooms where 
     instruction is not tailored for limited English proficient 
     children.
       ``(I) Providing family literacy services and parent 
     outreach and training activities to limited English 
     proficient children and their families to improve their 
     English language skills and assist parents in helping their 
     children to improve their academic performance.
       ``(J) Other activities that are consistent with the 
     purposes of this subpart.
       ``(2) Moving children out of specialized classrooms.--Any 
     program or activity undertaken by an eligible entity using a 
     subgrant from a State under this subpart shall be designed to 
     assist students enrolled in the program or activity to attain 
     English proficiency and meet challenging State content 
     standards and challenging State performance standards as soon 
     as possible and to move into a classroom where instruction is 
     not tailored for limited English proficient children.
       ``(c) Selection of Method of Instruction.--To receive a 
     subgrant from a State under this subpart, an eligible entity 
     shall select one or more methods or forms of instruction to 
     be used in the programs and activities undertaken by the 
     entity to assist limited English proficient children to 
     attain English proficiency and meet challenging State content 
     standards and challenging State student performance 
     standards. Such selection shall be consistent with sections 
     7406 and 7407.
       ``(d) Duration of Subgrants.--The duration of a subgrant 
     made by a State under this section shall be determined by the 
     State in its discretion.
       ``(e) Applications by Eligible Entities.--
       ``(1) In general.--To receive a subgrant from a State under 
     this subpart, an eligible entity shall submit an application 
     to the State at such time, in such form, and containing such 
     information as the State may require.
       ``(2) Required documentation.--The application shall 
     describe the programs and activities proposed to be 
     developed, implemented, and administered under the subgrant 
     and shall provide an assurance that the applicant will only 
     employ teachers and other personnel for the proposed programs 
     and activities who are proficient in English, including 
     written and oral communication skills.
       ``(3) Requirements for approval.--A State may approve an 
     application submitted by an eligible entity for a subgrant 
     under this subpart only if the State determines that--
       ``(A) the eligible entity will use qualified personnel who 
     have appropriate training and professional credentials in 
     teaching English to children who are limited English 
     proficient;
       ``(B) if the eligible entity includes one or more local 
     educational agencies, each such agency is complying with 
     section 7103(b) prior to, and throughout, each school year;
       ``(C) the eligible entity annually will assess the English 
     proficiency of all children with limited English proficiency 
     participating in programs funded under this subpart;
       ``(D) the eligible entity has based its proposal on sound 
     research and theory;
       ``(E) the eligible entity has described in the application 
     how students enrolled in the programs and activities proposed 
     in the application will be fluent in English after 3 academic 
     years of enrollment;
       ``(F) the eligible entity will ensure that programs will 
     enable children to speak, read, write, and comprehend the 
     English language and meet challenging State content and 
     challenging State performance standards; and
       ``(G) the eligible entity is not in violation of any State 
     law, including State constitutional law, regarding the 
     education of limited English proficient children, consistent 
     with sections 7406 and 7407.
       ``(4) Quality.--In determining which applications to select 
     for approval, a State shall consider the quality of each 
     application and ensure that it is of sufficient size and 
     scope to meet the purposes of this subpart.
       ``(f) Eligible Entities.--For the purpose of this section, 
     the term `eligible entity' means--
       ``(1) 1 or more local educational agencies; or
       ``(2) 1 or more local educational agencies in collaboration 
     with an institution of higher education, community-based 
     organization, or local or State educational agency.

     ``SEC. 7135. DETERMINATION OF AMOUNT OF ALLOTMENT.

       ``(a) In General.--Except as provided in subsections (b), 
     (c), and (d), from the sum available for the purpose of 
     making grants to States under this subpart for any fiscal 
     year, the Secretary shall allot to each State an amount which 
     bears the same ratio to such sum as the total number of 
     children who are limited English proficient and who reside in 
     the State bears to the total number of such children residing 
     in all States (excluding the Commonwealth of Puerto Rico and 
     the outlying areas) that, in accordance with section 7133, 
     submit to the Secretary an application for the year.
       ``(b) Puerto Rico.--From the sum available for the purpose 
     of making grants to States under this subpart for any fiscal 
     year, the Secretary shall allot to the Commonwealth of Puerto 
     Rico an amount equal to 1.5 percent of the sums appropriated 
     under section 7106(a).
       ``(c) Outlying Areas.--
       ``(1) Total available for allotment.--From the sum 
     available for the purpose of making grants to States under 
     this subpart for any fiscal year, the Secretary shall allot 
     to the outlying areas, in accordance with

[[Page H10489]]

     paragraph (2), a total amount equal to .5 percent of the sums 
     appropriated under section 7106(a).
       ``(2) Determination of individual area amounts.--From the 
     total amount determined under paragraph (1), the Secretary 
     shall allot to each outlying area an amount which bears the 
     same ratio to such amount as the total number of children who 
     are limited English proficient and who reside in the outlying 
     area bears to the total number of such children residing in 
     all outlying areas that, in accordance with section 7133, 
     submit to the Secretary an application for the year.
       ``(d) Minimum Allotment.--
       ``(1) In general.--Notwithstanding subsections (a) through 
     (c), and subject to section 7105, the Secretary shall not 
     allot to any State, for fiscal years 2000 through 2004, an 
     amount that is less than 100 percent of the baseline amount 
     for the State.
       ``(2) Baseline amount defined.--For purposes of this 
     subsection, the term `baseline amount', when used with 
     respect to a State, means the total amount received under 
     this part for fiscal year 2000 by the State, the State 
     educational agency, and all local educational agencies of the 
     State.
       ``(3) Ratable reduction.--If the amount available for 
     allotment under this section for any fiscal year is 
     insufficient to permit the Secretary to comply with paragraph 
     (1), the Secretary shall ratably reduce the allotments to all 
     States for such year.
       ``(e) Use of State Data for Determinations.--For purposes 
     of subsections (a) and (c), any determination of the number 
     of children who are limited English proficient and reside in 
     a State shall be made using the most recent limited English 
     proficient school enrollment data available to, and reported 
     to the Secretary by, the State. The State shall provide 
     assurances to the Secretary that such data are valid and 
     reliable.
       ``(f) No Reduction Permitted Based on Teaching Method.--The 
     Secretary may not reduce a State's allotment based on the 
     State's selection of the immersion method of instruction as 
     its preferred method of teaching the English language to 
     children who are limited English proficient.

     ``SEC. 7136. DISTRIBUTION OF GRANTS TO ELIGIBLE ENTITIES.

       ``Of the amount required to be expended by a State for 
     subgrants to eligible entities--
       ``(1) at least one-half shall be allocated to eligible 
     entities that enroll a large percentage or a large number of 
     children who are limited English proficient, as determined 
     based on the relative enrollments of such children enrolled 
     in the eligible entities; and
       ``(2) the remainder shall be allocated on a competitive 
     basis to--
       ``(A) eligible entities within the State to address a need 
     brought about through a significant increase, as compared to 
     the previous 2 years, in the percentage or number of children 
     who are limited English proficient in a school or local 
     educational agency, including schools and agencies in areas 
     with low concentrations of such children; and
       ``(B) other eligible entities serving limited English 
     proficient children.

     ``SEC. 7137. SPECIAL RULE ON PRIVATE SCHOOL PARTICIPATION.

       For purposes of this Act, this subpart shall be treated as 
     a covered program, as defined in section 14101(10).

                 ``Subpart 3--Professional Development

     ``SEC. 7141. PURPOSE.

       ``The purpose of this subpart is to assist in preparing 
     educators to improve educational services for limited English 
     proficient children by supporting professional development 
     programs primarily aimed at improving and developing the 
     skills of instructional staff in elementary and secondary 
     schools and on assisting limited English proficient children 
     to attain English proficiency and meet challenging State 
     academic content standards and challenging State performance 
     standards.

     ``SEC. 7142. PROFESSIONAL DEVELOPMENT AND FELLOWSHIPS.

       ``(a) Program Authorized.--
       ``(1) In general.--The Secretary is authorized to award 
     grants, as appropriate, to local educational agencies, 
     institutions of higher education, State educational agencies, 
     public and private organizations in consortium with a local 
     educational agency, or a consortium of such agencies or 
     institutions, except that any such consortium shall include a 
     local educational agency.
       ``(2) Grant purpose.--Grants awarded under this section 
     shall be used for one or more of the following purposes:
       ``(A) To develop and provide ongoing in-service 
     professional development, including professional development 
     necessary to receive certification as a teacher of limited 
     English proficient children, for teachers of limited English 
     proficient children, school administrators and, if 
     appropriate, pupil services personnel, and other educational 
     personnel who are involved in, or preparing to be involved 
     in, the provision of educational services to limited English 
     proficient children.
       ``(B) 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 in-service 
     professional development programs for teachers, 
     administrators and, if appropriate, pupil services personnel, 
     and other educational personnel in order to prepare such 
     individuals to provide effective services to limited English 
     proficient students.
       ``(C) To upgrade the qualifications and skills of teachers 
     to ensure that they are fully qualified (as defined by 
     section 1610) and meet high professional standards, including 
     certification and licensure as a teacher of limited English 
     proficient students.
       ``(D) To upgrade the qualifications and skills of 
     paraprofessionals to ensure they meet the requirements under 
     section 1119 and meet high professional standards to assist, 
     as appropriate, teachers who instruct limited English 
     proficient students.
       ``(E) To train secondary school students as teachers of 
     limited English proficient children and to train, as 
     appropriate, other education personnel to serve limited 
     English proficient students.
       ``(F) To award fellowships for--
       ``(i) study in such areas as teacher training, program 
     administration, research and evaluation, and curriculum 
     development, at the master's, doctoral, or post-doctoral 
     degree level, related to instruction of children and youth of 
     limited English proficiency; and
       ``(ii) the support of dissertation research related to such 
     study.
       ``(G) To recruit elementary and secondary school teachers 
     of limited English proficient children.
       ``(b) Duration and Limitation.--
       ``(1) Grant period.--Each grant under this section shall be 
     awarded for a period of not more than 5 years.
       ``(2) Limitation.--Not more than 15 percent of the amount 
     of the grant may be expended for the purposes described in 
     subparagraphs (F) and (G) of subsection (a)(2).
       ``(c) Professional Development Requirements.--
       ``(1) Activities.--A recipient of a grant under this 
     section may use the grant funds for the following 
     professional development activities:
       ``(A) Designing and implementing of induction programs for 
     new teachers, including mentoring and coaching by trained 
     teachers, team teaching with experienced teachers, 
     compensation for, and availability of, time for observation 
     of, and consultation with, experienced teachers, and 
     compensation for, and availability of, additional time for 
     course preparation.
       ``(B) Implementing collaborative efforts among teachers to 
     improve instruction in reading and other core academic areas 
     for students with limited English proficiency, including 
     programs that facilitate teacher observation and analysis of 
     fellow teachers' classroom practice.
       ``(C) Supporting long-term collaboration among teachers and 
     outside experts to improve instruction of limited English 
     proficient students.
       ``(D) Coordinating project activities with other programs, 
     such as those under the Head Start Act, and titles I and II 
     of this Act, and titles II and V of the Higher Education Act 
     of 1965.
       ``(E) Developing curricular materials and assessments for 
     teachers that are aligned with State and local standards and 
     the needs of the limited English proficient students to be 
     served.
       ``(F) Instructing teachers and, where appropriate, other 
     personnel working with limited English children on how--
       ``(i) to utilize test results to improve instruction for 
     limited English proficient children so the children can meet 
     the same challenging State content standards and challenging 
     State performance standards as other students; and
       ``(ii) to help parents understand the results of such 
     assessments.
       ``(G) Contracting with institutions of higher education to 
     allow them to provide in-service training to teachers, and, 
     where appropriate, other personnel working with limited 
     English proficient children to improve the quality of 
     professional development programs for limited English 
     proficient students.
       ``(H) Such other activities as are consistent with the 
     purpose of this section.
       ``(2) Additional requirements for professional development 
     funds.--Uses of funds received under this section for 
     professional development--
       ``(A) shall advance teacher understanding of effective 
     instructional strategies based on scientifically based 
     research for improving student achievement;
       ``(B) shall be of sufficient intensity and duration (not to 
     include 1-day or short-term workshops and conferences) to 
     have a positive and lasting impact on teachers' performance 
     in the classroom;
       ``(C) shall be developed with extensive participation of 
     teachers, principals, parents, and administrators of schools 
     to be served under subparts 1 and 2 of part A; and
       ``(D) as a whole, shall be regularly evaluated for their 
     impact on increased teacher effectiveness and improved 
     student achievement, with the findings of such evaluations 
     used to improve the quality of professional development.
       ``(d) Fellowship Requirements.--
       ``(1) In general.--Any person receiving a fellowship under 
     subsection (a)(2)(F) shall agree--
       ``(A) to work as a teacher of limited English proficient 
     children, or in a program or an activity funded under this 
     part, for a period of time equivalent to the period of time 
     during which the person receives such fellowship; or
       ``(B) to repay the amount received pursuant to the 
     fellowship award.

[[Page H10490]]

       ``(2) Regulations.--The Secretary shall establish in 
     regulations such terms and conditions for agreements under 
     paragraph (1) as the Secretary deems reasonable and necessary 
     and may waive the requirement of such paragraph in 
     extraordinary circumstances.
       ``(3) Priority.--In awarding fellowships under this 
     section, the Secretary shall give priority to fellowship 
     applicants applying for study or dissertation research at 
     institutions of higher education that have demonstrated a 
     high level of success in placing fellowship recipients into 
     employment in elementary and secondary schools.
       ``(4) Information.--The Secretary shall include information 
     on the operation and the number of fellowships awarded under 
     this section in the evaluation required under section 7145.

     ``SEC. 7143. APPLICATION.

       ``(a) In General.--
       ``(1) Submission to secretary.--In order to receive a grant 
     under section 7142, an agency, institution, organization, or 
     consortium described in subsection (a)(1) of such section 
     shall submit an application to the Secretary at such time, in 
     such form, and containing such information as the Secretary 
     may require.
       ``(2) Contents.--Each such application shall include--
       ``(A) a description of the proposed professional 
     development or graduate fellowship programs to be implemented 
     with the grant;
       ``(B) a description of the scientific research on which the 
     program or programs are based; and
       ``(C) an assurance that funds will be used to supplement 
     and not supplant other professional development activities 
     that affect the teaching and learning in elementary and 
     secondary schools, as appropriate.
       ``(b) Approval.--The Secretary shall only approve an 
     application under this section if it meets the requirements 
     of this section and is of sufficient quality to meet the 
     purposes of this subpart.
       ``(c) Special Rules.--
       ``(1) Outreach and technical assistance.--The Secretary 
     shall provide for outreach and technical assistance to 
     institutions of higher education eligible for assistance 
     under titles III and V 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 under this subpart.
       ``(2) Distribution.--In making awards under this subpart, 
     the Secretary shall ensure adequate representation of 
     Hispanic-serving institutions (as defined in section 502 of 
     the Higher Education Act of 1965) that demonstrate competence 
     and experience in the programs and activities authorized 
     under this subpart and are otherwise qualified.

     ``SEC. 7144. PROGRAM EVALUATIONS.

       ``Each recipient of funds under this subpart shall provide 
     the Secretary with an evaluation of the program assisted 
     under this subpart every 2 years. Such evaluation shall 
     include data on--
       ``(1) post-program placement of persons trained in a 
     program assisted under this subpart;
       ``(2) how such 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. 7145. USE OF FUNDS FOR SECOND LANGUAGE COMPETENCE.

       ``Not more than 10 percent of the funds received under this 
     subpart may be used to develop any program participant's 
     competence in a second language for use in instructional 
     programs.

          ``Subpart 4--Research, Evaluation, and Dissemination

     ``SEC. 7151. AUTHORITY.

       ``The Secretary shall conduct and coordinate, through the 
     Office of Educational Research and Improvement and in 
     coordination with the Office of Educational Services for 
     Limited English Proficient Children, research for the purpose 
     of improving English language and academic content 
     instruction for children who are limited English proficient. 
     Activities under this section shall be limited to research to 
     identify successful models for teaching limited English 
     proficient children English, research to identify successful 
     models for assisting such children to meet challenging State 
     content and student performance standards, and distribution 
     of research results to States for dissemination to schools 
     with populations of students who are limited English 
     proficient. Research conducted under this section may not 
     focus solely on any one method of instruction.

            ``PART B--EMERGENCY IMMIGRANT EDUCATION PROGRAM

     ``SEC. 7201. 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; and
       ``(3) 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. 7202. 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 7204 to pay the costs of performing 
     such agency's administrative functions under this part.

     ``SEC. 7203. 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. 7204. 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 2000 
     through 2004 for the purpose set forth in section 7201(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:

[[Page H10491]]

       ``(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 7207.
       ``(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. 7205. 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 7201(b) and 7207, 
     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 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 7204(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 7204(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 section 7204(e) 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. 7206. 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 7205 of 
     the amount of such agency's allocation under section 7204 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 7205(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. 7207. 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. 7208. REPORTS.

       ``(a) Biennial Report.--Each State educational agency 
     receiving funds under this part shall submit, once every 2 
     years, a report to the Secretary concerning the expenditure 
     of funds by local educational agencies under this part. Each 
     local educational agency receiving funds under this part 
     shall submit to the State educational agency such information 
     as may be necessary for such report.
       ``(b) Report to Congress.--The Secretary shall submit, once 
     every 2 years, a report to the appropriate committees of the 
     Congress concerning programs assisted under this part in 
     accordance with section 14701.

     ``SEC. 7209. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this part, there are 
     authorized to be appropriated $175,000,000 for fiscal year 
     2000 and such sums as may be necessary for each of the 4 
     succeeding fiscal years.

                        ``PART C--ADMINISTRATION

     ``SEC. 7301. REPORTING REQUIREMENTS.

       ``(a) States.--Based upon the evaluations provided to a 
     State under section 7403, each State receiving a grant under 
     this title annually shall report to the Secretary on programs 
     and activities undertaken by the State under this title and 
     the effectiveness of such programs and activities in 
     improving the education provided to children who are limited 
     English proficient.
       ``(b) Secretary.--Every other year, the Secretary shall 
     prepare and submit to the Committee on Education and the 
     Workforce of the House of Representatives and the Committee 
     on Labor and Human Resources of the Senate a report on 
     programs and activities undertaken by States under this title 
     and the effectiveness of such programs and activities in 
     improving the education provided to children who are limited 
     English proficient.

     ``SEC. 7302. 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.

[[Page H10492]]

                      ``PART D--GENERAL PROVISIONS

     ``SEC. 7401. DEFINITIONS.

       ``For purposes of this title:
       ``(1) Children and youth.--The term `children and youth' 
     means individuals aged 3 through 21.
       ``(2) 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 a Native Hawaiian or Native 
     American Pacific Islander native language educational 
     organization.
       ``(3) Family literacy services.--The term `family literacy 
     services' means services provided to participants on a 
     voluntary basis that are of sufficient intensity in terms of 
     hours, and of sufficient duration, to make sustainable 
     changes in a family, and that integrate all of the following 
     activities:
       ``(A) Interactive literacy activities between parents and 
     their children.
       ``(B) Training for parents regarding how to be the primary 
     teacher for their children and full partners in the education 
     of their children.
       ``(C) Parent literacy training that leads to economic self-
     sufficiency.
       ``(D) An age-appropriate education to prepare children for 
     success in school and life experiences.
       ``(4) 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.
       ``(5) Limited english proficient.--The term `limited 
     English proficient', when used with reference to an 
     individual, means an individual--
       ``(A) aged 3 through 21;
       ``(B) who--
       ``(i) was not born in the United States;
       ``(ii) comes from an environment where a language other 
     than English is dominant and who normally uses a language 
     other than English;
       ``(iii) is a Native American or Alaska Native or who is a 
     native resident of the outlying areas and who normally uses a 
     language other than English; or
       ``(iv) is migratory and whose native language is other than 
     English and who normally uses a language other than English; 
     and
       ``(C) who has sufficient difficulty speaking, reading, 
     writing, or understanding the English language that the 
     difficulty may deny the individual the opportunity--
       ``(i) to learn successfully in a classroom where the 
     language of instruction is English; or
       ``(ii) to participate fully in society.
       ``(6) Native american and native american language.--The 
     terms `Native American' and `Native American language' shall 
     have the same meaning given such terms in section 103 of the 
     Native American Languages Act of 1990.
       ``(7) Native hawaiian or native american pacific islander 
     native language educational organization.--The term `Native 
     Hawaiian or Native American Pacific Islander native language 
     educational organization' means a nonprofit organization with 
     a majority of its governing board and employees consisting of 
     fluent speakers of the traditional Native American languages 
     used in their educational programs and with not less than 
     five years successful experience in providing educational 
     services in traditional Native American languages.
       ``(8) Native language.--The term `native language', when 
     used with reference to an individual who is limited English 
     proficient, means the language normally used by such 
     individual.
       ``(9) Outlying area.--The term `outlying area' means any of 
     the following:
       ``(A) The Virgin Islands of the United States.
       ``(B) Guam.
       ``(C) American Samoa.
       ``(D) The Commonwealth of the Northern Mariana Islands.
       ``(10) 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 
     educational programs serving limited English proficient 
     children, special education and migrant education.
       ``(11) State.--The term `State' means any of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, or any outlying area.
       ``(12) 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 a school described in section 7113(a) or otherwise to 
     oversee the delivery of educational services to members of 
     the tribe; and
       ``(ii) approved by the Secretary for the purpose of 
     carrying out programs under subpart 1 of part A for 
     individuals served by a school described in section 7113(a).

     ``SEC. 7402. CONSTRUCTION.

       ``Nothing in subpart 1 or 2 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.

     ``SEC. 7403. EVALUATION.

       ``(a) In General.--Each eligible entity that receives a 
     subgrant from a State or a grant from the Secretary under 
     part A shall provide the State or the Secretary, at the 
     conclusion of every second fiscal year during which the 
     subgrant or grant is received, with an evaluation, in a form 
     prescribed by the State or the Secretary, of--
       ``(1) the programs and activities conducted by the entity 
     with funds received under part A during the 2 immediately 
     preceding fiscal years;
       ``(2) the progress made by students in learning the English 
     language and meeting challenging State content standards and 
     challenging State student performance standards;
       ``(3) the number and percentage of students in the programs 
     and activities attaining English language proficiency by the 
     end of each school year, as determined by a valid and 
     reliable assessment of English proficiency; and
       ``(4) the progress made by students in meeting challenging 
     State content and challenging State performance standards for 
     each of the 2 years after such students are no longer 
     receiving services under this part.
       ``(b) Use of Evaluation.--An evaluation provided by an 
     eligible entity under subsection (a) shall be used by the 
     entity and the State or the Secretary--
       ``(1) for improvement of programs and activities;
       ``(2) to determine the effectiveness of programs and 
     activities in assisting children who are limited English 
     proficient to attain English proficiency (as measured 
     consistent with subsection (d)) and meet challenging State 
     content standards and challenging State student performance 
     standards; and
       ``(3) in determining whether or not to continue funding for 
     specific programs or projects.
       ``(c) Evaluation Components.--An evaluation provided by an 
     eligible entity under subsection (a) shall include--
       ``(1) an evaluation of whether students enrolling in a 
     program or activity conducted by the entity with funds 
     received under part A--
       ``(A) have attained English proficiency and are meeting 
     challenging State content standards and challenging State 
     student performance standards; and
       ``(B) have achieved a working knowledge of the English 
     language that is sufficient to permit them to perform, in 
     English, in a classroom that is not tailored to limited 
     English proficient children; and
       ``(2) such other information as the State or the Secretary 
     may require.
       ``(d) Evaluation Measures.--In prescribing the form of an 
     evaluation provided by an entity under subsection (a), a 
     State or the Secretary shall approve evaluation measures, as 
     applicable, for use under subsection (c) that are designed to 
     assess--
       ``(1) oral language proficiency in kindergarten;
       ``(2) oral language proficiency, including speaking and 
     listening skills, in first grade;
       ``(3) both oral language proficiency, including speaking 
     and listening skills, and reading and writing proficiency in 
     grades 2 and higher; and
       ``(4) attainment of challenging State performance 
     standards.

     ``SEC. 7404. CONSTRUCTION.

       ``Nothing in part A shall be construed as requiring a State 
     or a local educational agency to establish, continue, or 
     eliminate a program of native language instruction.

     ``SEC. 7405. LIMITATION ON FEDERAL REGULATIONS.

       ``The Secretary shall issue regulations under this title 
     only to the extent that such regulations are necessary to 
     ensure compliance with the specific requirements of this 
     title.

     ``SEC. 7406. LEGAL AUTHORITY UNDER STATE LAW.

       ``Nothing in this title shall be construed to negate or 
     supersede the legal authority, under State law, of any State 
     agency, State entity, or State public official over programs 
     that are under the jurisdiction of the State agency, entity, 
     or official.

     ``SEC. 7407. CIVIL RIGHTS.

       ``Nothing in this title shall be construed in a manner 
     inconsistent with any Federal law guaranteeing a civil right.

     ``SEC. 7408. RULE OF CONSTRUCTION.

       ``Nothing in part A shall be construed to limit the 
     preservation or use of Native American languages as defined 
     in the Native American Languages Act or Alaska Native 
     languages.

     ``SEC. 7409. REPORT.

       ``The Secretary shall prepare, and submit to the Secretary 
     and to the Committee on Education and the Workforce of the 
     House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions of the Senate, a report on--
       ``(1) the activities carried out part A and the 
     effectiveness of such activities in increasing the English 
     proficiency of limited

[[Page H10493]]

     English proficient children and helping them to meet 
     challenging State content standards and challenging State 
     performance standards;
       ``(2) the types of instructional programs used under part A 
     to teach limited English proficient children;
       ``(3) the number of programs, if any, which were terminated 
     from the program because they were not able to reach program 
     goals; and
       ``(4) other information gathered as part of the evaluation 
     conducted under section 7403.

     ``SEC. 7410. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

       ``Programs authorized under subparts 1 and 2 of part A that 
     serve Native American children, Native Pacific Island 
     children, and children in the Commonwealth of Puerto Rico, 
     notwithstanding any other provision of part A may include 
     programs of instruction, teacher training, curriculum 
     development, evaluation, and testing designed for Native 
     American children learning and studying Native American 
     languages and children of limited Spanish proficiency, except 
     that a primary outcome of programs serving such children 
     shall be increased English proficiency among such 
     children.''.

     SEC. 902. CONFORMING AMENDMENT TO DEPARTMENT OF EDUCATION 
                   ORGANIZATION ACT.

       (a) In General.--The Department of Education Organization 
     Act is amended by striking ``Office of Bilingual Education 
     and Minority Languages Affairs'' each place such term appears 
     in the text and inserting ``Office of Educational Services 
     for Limited English Proficient Children''.
       (b) Clerical Amendments.--
       (1) Section 209.--The section heading for section 209 of 
     the Department of Education Organization Act is amended to 
     read as follows:


    ``office of educational services for limited english proficient 
                              children''.

       (2) Section 216.--The section heading for section 216 of 
     the Department of Education Organization Act is amended to 
     read as follows:

     ``SEC. 216. OFFICE OF EDUCATIONAL SERVICES FOR LIMITED 
                   ENGLISH PROFICIENT CHILDREN.''.

       (3) Table of contents.--
       (A) Section 209.--The table of contents of the Department 
     of Education Organization Act is amended by amending the item 
     relating to section 209 to read as follows:

``Sec. 209. Office of Educational Services for Limited English 
              Proficient Children.''.

       (B) Section 216.--The table of contents of the Department 
     of Education Organization Act is amended by amending the item 
     relating to section 216 to read as follows:

``Sec. 216. Office of Educational Services for Limited English 
              Proficient Children.''.

  Mr. GOODLING (during the reading). Madam Chairman, I ask unanimous 
consent that the modification be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Pennsylvania?
  There was no objection.
  The CHAIRMAN. Is there objection to the modification offered by the 
gentleman from Pennsylvania (Mr. Goodling)?
  There was no objection.
  Mr. GOODLING. Madam Chairman, this amendment is a bipartisan 
amendment that makes several technical and clarifying changes to the 
committee reported bill and includes long overdue reform of the Federal 
bilingual education program. I might say, I hope we have some final 
agreement. At 3 o'clock yesterday afternoon, we did. At 10 o'clock last 
night, we did not. I would not have stepped 1 inch into the Hispanic 
caucus meeting going on out here in the Speaker's lobby. It sounded 
pretty ruckus, but, at any rate, I think we have everything worked out. 
So many long hours have been spent to reach this agreement.
  I want to thank the gentleman from Arizona (Mr. Salmon) and the 
gentleman from Michigan (Mr. Kildee) for bringing Members with diverse 
views together to craft this legislation that will truly help limited 
English proficient children learn English and excel in their academic 
subject.
  As the number of limited English proficient children in this country 
increases, we must be sure that we are providing these children with 
the best possible education. Graduation rates for this population are 
very disappointing, and we cannot afford to support programs that do 
not ensure the academic success of children with limited English 
proficiency.
  The key to success for these children is the legislation before my 
colleagues as it focuses on teaching English to those with limited 
proficiency and assists them to meet the same State content and 
performance standard as other students.
  The bilingual education program contains several key reforms. First, 
it turns the current competitive grant program into a formula grant 
program to the States after appropriations reach $220 million. For the 
first time, when the threshold is reached, those individuals closest to 
the children will play a major role in deciding how to use funds under 
this program to provide them with the best possible education.
  Second, thanks to the gentleman from Arizona (Mr. Salmon), we ensure 
that the parents of limited English proficient children play a major 
role in determining which types of instructional services will be 
provided to their children. Too often we have heard testimony from 
parents who are unaware of the types of services offered to the 
children. It is our belief that parents must give their consent before 
placement of their child in a program for limited English proficient 
children.

                              {time}  1645

  This way, we will avoid the current battles between schools and 
parents who are trying to remove their child from a program that is 
failing to provide them with a quality education.
  If parents believe their child is not obtaining the English language 
skills they need for academic success, they should have the right to 
remove their child from the current instructional program. It is just 
that simple.
  Third, we provide local educational agencies the maximum flexibility 
to decide which instructional methods should be used to educate limited 
English proficient children. Currently, the Bilingual Education Act 
requires 75 percent of the funds available for grants to eligible 
entities to be spent on programs using a child's native language in 
instruction. We removed this provision because we do not believe the 
Federal Government should support any one method of instruction over 
another. The amendment does not mandate any one method of instruction 
over another. Instead, it merely allows schools to decide which 
instructional methods will yield the greatest success in helping our 
students learn English and achieve the same high degree of academic 
success as other students.
  Finally, the legislation focuses on teaching children English as 
quickly as possible. Once this becomes a formula grant program, States 
will be required to remove founding from any program where the majority 
of limited English proficient children are not becoming proficient in 
English and meeting challenging State content and performance standards 
after 3 academic years of performance.
  As a former educator, I agree that having the ability to speak more 
than one language is key. But for children who do not speak English, 
our major focus should be in providing them with the language skills 
they need to stay in school and succeed.
  The amendment also makes several technical and clarifying changes to 
other sections of the Student Results Act. First, the amendment 
strengthens a provision related to local assessments given to para-
professionals.
  Under this bill, the local school districts may use title I funds to 
hire qualified para-professionals. This must be demonstrated through 
completion of 2 years of college, receipt of an associate's degree, or 
by passing a rigorous local standard of quality. Under this amendment, 
local school districts must simply include a description of these 
assessments as part of their plan to the State. This will ensure the 
States have an understanding of the criteria being set at the local 
level, which is important since many States set their own minimum 
qualifications for para-professionals.
  The amendment also makes improvements to the new public school choice 
program that was added to the bill in committee. Because I believe one 
of the biggest barriers to school choice is the cost of transportation, 
the manager's amendment removes the prohibition on using these funds 
for that purpose.
  The amendment specifically allows schools to use these funds to 
augment their existing transportation services in order to meet the 
needs of children participating in a public school choice program.
  And, finally, this amendment modifies the McKinney Homeless 
Assistance

[[Page H10494]]

Act, as reported by the committee, regarding documentation for the 
immediate enrollment of a homeless child in school. If a child needs to 
obtain immunization or immunization records, the enrolling school shall 
immediately refer the parent or guardian of the child to the homeless 
liaison who shall assist in obtaining these records. These provisions 
will not override State law or policy regarding immunizations and 
enrollment.
  Mr. KILDEE. Madam Chairman, I rise in support of the manager's 
amendment.
  Mr. MARTINEZ. Madam Chairman, will the gentleman yield?
  Mr. KILDEE. I yield to the gentleman from California.
  Mr. MARTINEZ. Madam Chairman, I rise in support of the manager's 
amendment with great trepidation. The chairman spoke a little bit about 
the Hispanic caucus meeting, and I am here to tell my colleagues that 
the Hispanic caucus is devastated by the fact title VII was added to 
this bill in the manager's floor amendment.
  Now, I understand that in the manager's floor amendment there are 
also a lot of things we negotiated to make the bill better, but the one 
thing we never got to negotiate to any great extent was title VII, 
which is very important to the Hispanic community and the limited 
English proficient children that it serves.
  The fact is, if we had had a chance in committee markup to deal with 
title VII as we did with title I, we may have come out with the same 
bipartisan compromise on that as we did on title I. But it puts us kind 
of behind the 8 ball to be here having to make a presentation on the 
floor in support of title I but yet disturbed by the situation of title 
VII and what it really looks like as the Republicans entered it into 
this floor amendment.
  I am going to vote for the bill, because I believe there are so many 
things that have been compromised. And even in title VII there was some 
compromise. We did raise the trigger from $210 million to $225 million. 
We then further got a little compromise on the language that would 
allow the children to opt in or opt out. That is, in my mind, one of 
the biggest hurdles or obstacles there was in title VII.
  I am going to support the bill and support the manager's amendment 
because I strongly support all the programs that I believe H.R. 2 
really does a good job of maintaining. It also maintains the integrity 
and original intent of the bill. Originally, when it passed out of 
committee, I was not able to support the bill. I was one of six people 
that voted no. It was more on process than it was on what were the 
contents of the bill even at that time.
  I stand here again in objection to the process on title VII, although 
that is there and we have to deal with it. I am hopeful that as we move 
to the conference committee and deal with the Senators and their 
version, that we may be able to revisit title VII and make it better 
than it is as it presently stands in this bill.
  I understand several of my colleagues on that side of the aisle were 
concerned about the parental involvement, and they did move to 
strengthen that parental involvement. And I support their desire to 
make sure that parents know everything that is going on with their 
children's education in school; but by the same token, a child should 
not suffer the lack of services because a bureaucrat is waiting for a 
parent to make a decision, or they cannot make a decision themselves.
  I believe the way my amendment has been accepted into the bill that 
the children will receive services immediately upon entering school; 
that the final notification will take place quickly; that the school 
will be required to pick up the phone or make some direct contact as 
quickly as possible to make sure that that child does not lack any 
services.
  Having said that, I feel that the bill is vastly improved. I believe 
the manager's amendment, which I hesitate to vote against because it 
does contain all of the agreements that we have made and made 
improvements to, but I do not believe this is the end of the situation. 
I believe that we have a process yet to go through in which we will 
have to meet with the Senate and have a conference, and the Senate will 
have to concur and we will have to yield to some of the Senate's 
desires, and I am hoping that the Senate's desires for bilingual 
education and for title I and parental notification is even stronger 
than it has been on this side of the aisle.
  Along with that, let me tell my colleagues that one of the reasons 
that I support the bill is that we are able to increase or include 
language increasing the standards and accountability for instructions. 
This is something that the gentleman from California (Mr. George 
Miller) from our side has been a strong proponent of for many years. We 
were able to put it in the bill that is going to be marked up tomorrow.
  I would have liked to come down earlier and join in the lovefest that 
was taking place on the floor in the general debate regarding this 
bill. The only problem is that I could not join in that lovefest 
because I believe the honeymoon is going to end tomorrow, as the 
gentleman from New York (Mr. Owens) has stated. Tomorrow we are going 
to take up Straight A's, which destroys everything that was negotiated 
in this bill, which I think is absolutely ridiculous, although I am 
hopeful somebody will come to their senses and either not offer 
Straight A's or that Straight A's will be voted down. And if it is not 
voted down, I hope it will be vetoed by the President so that we will 
not have to deal with it and keeping intact what we have in title I.
  I would also like to commend my colleague from Arizona (Mr. Salmon) 
for working with me on the parental consent portion of this bill. I 
believe his willingness to compromise gave us the ability to be able to 
vote for this bill. And, Madam Chairman, I do support the manager's 
amendment.
  Madam Chairman, while I regret that the committee did not have an 
opportunity to mark up and fully debate title VII, the Bilingual 
Education Act, which is included in today's manager's amendment, and 
while I still have a number of concerns regarding the effects this bill 
will have on limited English instruction programs and the children they 
serve, I am going to vote yes on the manager's amendment because it is 
vastly improved over where it was a week ago, and because I hope it 
will be further improved in conference.
  Last week, the Education Committee considered H.R. 2, which includes 
the reauthorization of several important Federal education programs, 
including title I, which provides nearly $8 billion for the education 
of disadvantaged children, the Magnet Schools Program, the Indian 
Education Program, the Javitz Gifted and Talented Program, and the 
McKinney Homeless Assistance Program.
  Although I strongly support these programs and believe that H.R. 2 
does a good job of maintaining their integrity and original intent, I 
was not able to support H.R. 2 when it was reported by the committee 
due primarily to what I consider to be unreasonable parental consent 
requirements placed on the education of limited English proficient 
children.
  While I understand that several of my colleagues on that side of the 
aisle desire increased parental involvement and strengthened parental 
rights, and although I support that desire, I could not support the 
manner in which they were going about obtaining that involvement and 
those rights since it meant that a limited English proficient child 
could go for months without title I services.
  However, over the past week, since this bill was reported from 
committee, staff have worked tirelessly to negotiate an agreement 
whereby parental involvement and rights are maintained, and more 
importantly, LEP children begin receiving educational services almost 
immediately.
  In the process of those negotiations, we were also able to make 
headway on a number of issues in title VII.
  For instance, we were able to increase the trigger point at which the 
instructional services program turns into a formula grant.
  We were able to insert provisions ensuring that local education 
agencies measure the progress of LEP students not only on English 
proficiency but also on challenging academic and contents standards, 
and monitor the transition of LEP students into the mainstream 
classroom.
  We were also able to include language increasing standards and 
accountability for instructional programs and teachers, and requiring 
the department to do research and collect data on best practices. And 
while I still have concerns regarding some of the provisions in title 
VII, I am pleased with the progress that has been made over the last 
week and would like to commend the staff for their hard work.
  I would also like to commend my colleague from Arizona, Mr. Salmon, 
for working with me on the parental consent language although I know he 
feels as strongly about his original position on this issue as I feel 
about mine.
  In all honesty, were the Democrats in charge of the House, many of 
the provisions

[[Page H10495]]

in this bill, including those regarding parental involvement and 
consent, would look quite different and I am sure that Mr. Salmon would 
have rather stuck with his original language.
  However, I believe that we have come up with an agreement that we can 
both live with and support. And I believe that H.R. 2, carefully 
crafted by Chairmen Goodling and Castle and ranking members Clay and 
Kildee, is also something we can live with and support. And so Madam 
Chairman, as I said earlier, I will support the manager's amendment and 
urge my colleagues on both sides of the aisle to do the same.
  The CHAIRMAN. The question is on the amendment, as modified, offered 
by the gentleman from Pennsylvania (Mr. Goodling).
  The amendment, as modified, was agreed to.


             Amendment No. 4 Offered by Mrs. Mink of Hawaii

  Mrs. MINK of Hawaii. Madam Chairman, I offer an amendment, No. 4.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mrs. Mink of Hawaii:
       In section 1114(c)(1)(B)(ii)(III) of the Elementary and 
     Secondary Education Act of 1965, as proposed to be amended by 
     section 108 of the bill, insert ``, including girls and 
     women'' after ``underserved populations''.
       In section 1114(c)(1)(B)(iii)(I) of the Elementary and 
     Secondary Education Act of 1965, as proposed to be amended by 
     section 108 of the bill, insert ``, which may include 
     incorporation of gender-equitable methods and practices'' 
     after ``schoolwide program''.
       In section 1119A(b)(1) of the Elementary and Secondary 
     Education Act of 1965, as proposed to amended by section 116 
     of the bill--
       (1) at the end of subparagraph (I), strike ``and'';
       (2) at the end of subparagraph (J), strike the period and 
     insert ``; and''; and
       (3) after subparagraph (J), insert the following:
       ``(K) include strategies for identifying and eliminating 
     gender and racial bias in instructional materials, methods, 
     and practices.''.
       After subparagraph (E) of section 1119A(b)(2) of the 
     Elementary and Secondary Education Act of 1965, as proposed 
     to amended by section 116 of the bill, insert the following 
     (and redesignate any subsequent subparagraphs accordingly):
       ``(F) instruction in the ways that teachers, principals, 
     and guidance counselors can work with parents and students 
     from groups, such as females and minorities which are under 
     represented in careers in mathematics, science, engineering, 
     and technology, to encourage and maintain the interest of 
     such students in these careers;''.
       In section 1119A(b)(2) of the Elementary and Secondary 
     Education Act of 1965, as proposed to amended by section 116 
     of the bill--
       (1) at the end of subparagraph (H) (as redesignated), 
     strike ``and'';
       (2) at the end of subparagraph (I) (as redesignated), 
     strike the period and insert ``; and''; and
       (3) after subparagraph (I), insert the following:
       ``(J) instruction in gender-equitable methods, techniques, 
     and practices.''.
       Strike the matter proposed to be inserted in section 
     1401(a)(3) of the Elementary and Secondary Education Act of 
     1965, (as proposed by section 142 of the bill).
       After the matter proposed to be inserted in section 
     1401(a)(6) of the Elementary and Secondary Education Act of 
     1965, (as proposed by section 142 of the bill), add the 
     following:
       ``(7) Pregnant and parenting teenagers are a high at-risk 
     group for dropping out of school and should be targeted by 
     dropout prevention programs.''.
       In section 1423(6) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     149 of the bill--
       (1) after ``social'' insert ``, health'';
       (2) after ``facilities'' insert ``, students at risk of 
     dropping out of school,''; and
       (3) before the semicolon, insert ``, 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''.
       In section 1424(2) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     150 of the bill, before the semicolon, insert the following: 
     ``, including pregnant and parenting teenagers''.
       In section 1424(3) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     150 of the bill--
       (1) after ``social'' insert ``, health,''; and
       (2) after ``services'' insert ``, including day care,''.
       Strike section 152 of the bill and the amendment proposed 
     to be made to section 1426(1) of the Elementary and Secondary 
     Education Act of 1965.
       At the end of title V of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     201 of the bill, insert the following:

                  ``PART C--WOMEN'S EDUCATIONAL EQUITY

     ``SEC. 5301. 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) the low number of girls taking higher level computer 
     science courses leading to technical careers, and the low 
     degree of participation of women in the development of 
     education technology, will perpetuate a cycle of disadvantage 
     for girls in elementary schools and secondary schools as 
     technology is increasingly integrated into the classroom; 
     and''.
       ``(E) pregnant and parenting teenagers are at high risk for 
     dropping out of school and existing dropout prevention 
     programs do not adequately address the needs of such 
     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. 5302. 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. 5303. 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;
       ``(B) provide funds for the implementation of equity 
     programs in schools throughout the Nation; and
       ``(C) provide grants to local educational agencies in 
     communities with an historic tie to a major leader in the 
     women's sufferage movement to educate its students about the 
     significance of the community's significant former resident.
       ``(2) Support and technical assistance.--To achieve the 
     purposes of this part, the Secretary is authorized to provide 
     support and technical assistance--

[[Page H10496]]

       ``(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 
     assistance under a State program funded under part A of title 
     IV of the Social Security Act;
       ``(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 assistance under the 
     State program funded under part A of title IV of the Social 
     Security Act; 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 
     5303(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 
     5303(b)(1), demonstrate how parental involvement in the 
     project will be encouraged; and
       ``(7) for applications for assistance under section 
     5303(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. 5305. 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 5303(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. 5306. REPORT.

       ``The Secretary, not later than January 1, 2004, shall 
     submit to the President and Congress a report on the status 
     of educational equity for girls and women in the Nation.

[[Page H10497]]

     ``SEC. 5307. ADMINISTRATION.

       ``(a) Evaluation; Dissemination; Report.--The Secretary--
       ``(1) shall evaluate, in accordance with section 14701, 
     materials and programs developed under this part;
       ``(2) shall disseminate materials and programs developed 
     under this part; and
       ``(3) shall report to Congress regarding such evaluation, 
     materials, and programs not later than January 1, 2003.
       ``(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. 5308. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this part, there are 
     authorized to be appropriated $5,000,000 for fiscal year 2000 
     and such sums as may be necessary for each of the 4 
     succeeding fiscal years, of which not less than \2/3\ of the 
     amount appropriated under this section for each fiscal year 
     shall be available to carry out the activities described in 
     section 5303(b)(1).''.

  Mrs. MINK of Hawaii. Madam Chairman, today I am pleased to join my 
colleagues, the gentlewoman from California (Ms. Woolsey), the 
gentlewoman from California (Ms. Sanchez), and the gentlewoman from 
Maryland (Mrs. Morella), in offering this amendment to restore the 
gender equity provisions in the Elementary and Secondary Education Act, 
now referred to as the Student Results Act of 1999, H.R. 2.
  The majority has argued that these equity provisions are no longer 
needed. However, girls continue to face barriers in the classroom. The 
Women's Educational Equity Act, WEAA, and other gender equity 
provisions are still needed to help overcome these barriers. For 
instance, while girls have improved in some areas, girls are still not 
learning the technology skills that will be needed to compete in the 
21st century. In fact, only a very small percentage of girls take 
computer science courses, even though 65 percent of the jobs in the 
year 2000 will require these skills. The girls that do take computer 
classes tend to take data entry, while boys take advanced programming. 
Only 17 percent of the students who take computer science advanced 
placement tests are girls.
  There is overwhelming evidence that it is not time now to terminate 
the programs that have been successful. In point of fact, the majority 
argues that women and girls have now advanced to such a point that 
these types of programs are not necessary. I ask my colleagues to 
examine that thesis; that the girls and women in our society have made 
it because they have had the constructive assistance of programs like 
the Women's Educational Equity Act that this year enjoyed its 25th 
anniversary. It has provided throughout the country a resource of 
information. It has been on call to anyone that wanted to inquire as to 
what programs were in place, in what community, and what the results 
were.
  So often we criticize Federal research because it is not 
disseminated. One of the key provisions in the Women's Educational 
Equity Act was to establish a center where this type of dissemination 
would occur, and that is in fact what has happened. We do not have to 
replicate the trial mechanism in each community because we have the 
results of programs and other efforts and projects that have been 
instituted in different communities.
  If we dismantle the Women's Educational Equity Act program now, we 
will dismantle 25 years of effort, of accumulated dialogue, of 
accumulated reports, and other types of things that will continue to be 
of tremendous benefit to the girls and women in our society. It is not 
time now to dismantle it. We are just about making progress in some 
areas. There is still a lot to go, and this is proven in so many of the 
studies we have seen.
  There is a barrier beyond which women are not able to go forward in 
terms of their careers, in terms of their own benefits. And, therefore, 
we have to start early in the elementary and secondary schools to make 
sure that the teachers and the administration understand this special 
responsibility that they have to the girls in their community.
  The Women's Educational Equity Center has a technical assistance 
service. It is there to answer these many, many questions. This year, 
up to now, there have been 758 positive, affirmative technical 
assistance programs offered to people who have called. It is in all 
sorts of areas. In the center is 73,332 publications that have been 
collected. If we dismantle this program and terminate the Women's 
Educational Equity Act, 73,000 documents will be gone. They will not be 
able to serve this community any more.

                              {time}  1700

  The Women's Educational Equity Center has established a Web site. 
Just between March 1 and August 31, there were 248,000 hits on that Web 
site, people wanting information about women's opportunity for careers, 
for education, for things that they could do within their community and 
within their schools.
  There is no question that this program is utilized; it is needed; it 
is woefully underfunded. So I cannot believe that the majority truly 
feels that this program is no longer needed by our communities. It has 
made progress. But now is not the time to terminate this program and 
end the progress that we have made. Girls in our schools need this 
special assistance. Teachers need this assistance.
  The AAUW report clearly demonstrates that when they went out to 
analyze what was happening in the classrooms, they found indeed in the 
best classrooms that female teachers were dealing with their students 
in a disproportionate way in which they favored the boys as against the 
girls in terms of assignments, in terms of grading, in terms of their 
dealing with the student.
  So I plead with this House to reconsider this terrible move made by 
the majority of this committee and ask my colleagues to restore this 
provision and all the other provisions that are in this en bloc 
amendment and restore again our confidence that we as a society can 
implement programs that truly have equity, gender equity, at heart.
  Mr. GALLEGLY. Madam Chairman, I move to strike the requisite number 
of words.
  Madam Chairman, I rise today in strong support of H.R. 2, the Student 
Results Act, which renews Title I of the Elementary and Secondary 
Education Act and other programs assisting low-achieving students.
  I am particularly pleased that H.R. 2 includes a version of my bill, 
H.R. 637, the gifted and talented student education act. I want to 
thank the chairman and the other members of the committee for their 
work on this important legislation.
  All children deserve to be educated to their fullest potential. 
Unfortunately, the educational needs of our most talented students are 
not being met. Gifted and talented students are not reaching their 
highest level of learning.
  H.R. 637 provides incentives through formula grants to States to 
identify gifted and talented students from all economic, ethnic, and 
racial backgrounds, particularly students of limited English 
proficiency and students with disabilities.
  The bill authorizes State educational agencies to distribute grants 
to local education agencies, including charter schools, on a 
competitive basis. Funding would be based on each State's student 
population.
  H.R. 637 provides needed funds for gifted and talented students while 
leaving the decision on how best to serve these students to the States 
and local school districts.
  I know we all are committed to ensuring our Nation's youth have all 
the tools they need for their future. Our gifted and talented students 
are one the Nation's greatest natural resources. I urge my colleagues 
to support this very important bill.
  Ms. WOOLSEY. Madam Chairman, I move to strike the requisite number of 
words.
  Madam Chairman, I, too, would like to compliment the chair of the 
Committee on Education and the Workforce and the ranking member for a 
good bill. But I am here to make H.R. 2 better.
  I am sure that many of my colleagues are surprised, as I was, to 
learn that H.R. 2 eliminates the Women's Educational Equity Act, WEEA, 
and other gender equity provisions in the Elementary Secondary 
Education reauthorization.
  I knew that WEEA and other gender equity provisions were doing a good 
job. What I did not know was that their success could be seen as an 
excuse to eliminate a good program. It is hard to believe that some 
Members think that

[[Page H10498]]

gender equity provisions should be eliminated from ESEA because more 
women are enrolled in college, graduating from college, or because boys 
have reading scores that are not as good as girls. But that is 
shortsighted.
  Women do earn more than half of all Bachelor's degrees, and WEEA and 
other gender equity provisions deserve credit for that. But women's 
degrees are still clustered in traditional fields such as nursing and 
teaching, fields that pay far less than jobs in science and technology.
  While women are more than 50 percent of this country's population, 
they earn only 36 percent of math degrees and just 7 percent of 
engineering degrees. That is why, Madam Chairman, in addition to 
reinstating WEEA and other current gender equity provisions, the Mink-
Woolsey-Sanchez-Morella amendment includes my language to allow schools 
to use professional development funds to instruct teachers in how to 
work with students, how to work with their parents in groups from 
under-represented areas of our country. And they do that to encourage 
them to pursue careers in math, in science, engineering, and 
technology.
  Madam Chairman, just last week, Senator Robb introduced a bill to 
create a new category of visas for foreign nationals with graduate 
degrees in high-technology fields. It does not take a rocket scientist 
to figure out why the high-tech companies want these visas for foreign 
workers. It is because there just are not enough U.S. citizens with 
educations needed for these high-tech positions in our own country.
  In fact, the American Electronics Association, AEA, reports that the 
number of degrees awarded to Americans in computer science, 
engineering, math, and physics has been declining since 1990. One of 
the reasons for this decline is that girls and minorities are not 
pursuing these fields and they are not pursuing them in the early 
grades; and because they are not interested in the early grades, they 
do not get the background they need in elementary school to take the 
necessary precollege requirements in high school and they do not go on 
to major in these subjects in college.
  If our schools do not change, females and minorities will continue to 
dominate the low-wage jobs, while America's high-wage, high-tech jobs 
go to foreign undergraduates and foreign graduates.
  That is why Microsoft Corporation, Hewlett-Packard, Intel 
Corporation, Motorola, Apple, AutoDesk, and Compac Computers signed a 
letter to members of the Committee on Education and the Workforce 
strongly encouraging members to consider proposals that ``not only 
strengthen math and science education broadly but that aim to target 
women, minorities, and other under-represented groups to pursue these 
courses of study.''
  But unless we use WEEA and other gender equity provisions to address 
the problem that exists for girls in our schools, women will continue 
to have fewer economic opportunities than men and less access to the 
careers that will support themselves and their families. Without these 
opportunities, this country will be deprived of the highly educated, 
highly skilled workforce we need in the United States to compete in a 
global economy.
  Gender equity and education is not a women's thing. All Americans, 
men and women, have a stake in making sure that all students gain the 
skills and self-confidence they need in elementary and secondary school 
to become productive, self-supporting adults.
  The Mink-Woolsey-Sanchez-Morella amendment is vital to the strength 
of the Nation, and I urge my colleagues to please support it.
  Mr. HILL of Montana. Madam Chairman, I move to strike the requisite 
number of words.
  Madam Chairman, I do not rise to speak to this amendment, but I do 
rise to speak to the bill. I want to thank our chairman for his 
leadership in bringing this bill to the House. Of all the issues that 
we will be debating, none are more important than the issue that we are 
debating here today, the issue of education.
  I also want to thank our leadership for providing such a large block 
of time for us to debate this bill and the issue of education.
  Madam Chairman, every parent wants their child to succeed, succeed in 
school and succeed in life. I am fortunate to represent a State that 
has really good schools. Montana's students consistently perform very 
well on independent tests. We are fond of saying that Montana is the 
last best place. And many would say that Montana is what America used 
to be.
  Many would say that we need to rebuild our schools like they used to 
be, schools where achievement is emphasized, where people are held 
accountable for results, where parents and local school boards make the 
decisions. Those are worthy objectives, Madam Chairman, and those 
objectives are incorporated into this bill, a bill that addresses Title 
I.
  Under this bill, all States and school districts and schools will be 
held accountable to ensure that their students meet high academic 
standards. All schools would be required to issue report cards on 
student achievement, on teacher qualifications, and on school quality. 
The State and local schools would be required to close the achievement 
gap if they are trailing so that no student is left behind.
  All students would be required to meet the same standard. So there 
would be no discrimination on the basis of race or other status. The 
families will be authorized to take their kids out of failing schools 
and put them into charter schools or into other public schools.
  I will later be supporting an amendment that will broaden the scope 
to allow school choice and private education, as well. Under this bill, 
95 percent of the dollars will go to the classroom.
  I am particularly supportive of the new flexibility for rural 
schools, as well as the additional resources for rural schools. I 
support the provisions requiring English first, requiring that all 
third-year students to be tested for English proficiency.
  Madam Chairman, it is clear that despite years and years and many 
billions of dollars in Federal assistance to local schools, excellence 
and quality and achievement and high standards still elude us. This 
bill has the potential to move us a long way in bringing these reforms 
to all of our schools to create schools that we can all be proud of.
  When these Title I reforms are coupled with other measures, one that 
we will be taking up tomorrow, the Straight A's education bill, we will 
be on our way to making meaningful changes in education.
  Again, I want to thank the chairman for his leadership and his hard 
work and diligence in getting this good bill to the floor that has 
broad bipartisan support. I urge my colleagues to support the bill.
  Ms. SANCHEZ. Madam Chairman, I move to strike the requisite number of 
words.
  Madam Chairman, well, my colleagues, what a century it has been for 
women's progress. We could say that this century we got the vote, we 
own businesses and earn college degrees like never before, we control 
our own money, we are in the workplace, in the factories, in the corner 
offices, and on the playing field.
  In fact, just this year, we rejoiced in the great successes of Title 
IX when the U.S. women's soccer team showed the world what it really 
means to kick like a girl at the World Cup.
  Well, my colleagues, I knew it was a bad idea to win that soccer 
game. Because the Republican male leadership in Congress apparently 
took Brandi Chastain's winning kick as a sign that everything is fine, 
that we do not need the Women's Educational Equity Act anymore, that 
everything is suddenly A-okay.
  Well, I have got news for my colleagues. Women are only 17 percent of 
students who take the computer science Advanced Placement test. Women 
are 50 percent of the population yet only 8 percent of the engineering 
workforce. Women are 3 percent of the top executives at the Fortune 500 
companies.
  So what do they want to do about that? Repeal the law that has helped 
American girls for 25 years.
  Our role is to reduce the final Elementary and Secondary Education 
Act reauthorization of this 20th century. We have got to make it one 
that prepares all students, boys and girls, for the challenges and for 
the opportunities that await them.
  So I urge my colleagues to support the Mink-Woolsey-Sanchez-Morella 
amendment to H.R. 2.

[[Page H10499]]

  Mrs. BIGGERT. Madam Chairman, I move to strike the requisite number 
of words.
  Madam Chairman, I question whether this amendment is needed. But I do 
want to express my strong support for H.R. 2, the Student Results Act, 
which includes a provision that will have a direct and positive impact 
on the estimated one million homeless children and youth in our Nation.
  Being without a home should not mean being without an education. Yet, 
that is what ``homelessness'' means for far too many of our children 
and youth today.
  Congress recognized the importance of education to homeless youth 
when it enacted in 1987, the McKinney Education Program. But despite 
the progress made over the past decade, we know that homeless children 
continue to miss out on what often is the only source of stability and 
promise in their lives, school attendance.

                              {time}  1715

  H.R. 2 strengthens the McKinney program by incorporating the 
innovative provisions contained in my legislation, the McKinney 
Homeless Education Assistance Improvements Act. This bill will ensure 
that a homeless child is immediately enrolled in school. That means no 
red tape, no waiting for paperwork and no bureaucratic delays. It gives 
a homeless student the choice of enrolling in the nearest school or in 
the school he or she attended before becoming homeless. It also 
improves the way the Department of Education collects its data so that 
we no longer use unreliable figures that likely underreport the numbers 
of homeless students. It allows States to select a homeless education 
ombudsman whose sole job is to help homeless children and youth. And 
lastly, it authorizes the McKinney program for another 5 years.
  Homelessness is and will likely be for the immediate future a part of 
our society. But being homeless should not limit a child's opportunity 
to learn. I commend the gentleman from Pennsylvania (Mr. Goodling) as 
well as the gentleman from Missouri (Mr. Clay) for understanding this 
and for addressing in the bill before us the needs of homeless 
children. I urge my colleagues on both sides of the aisle to support 
the Student Results Act.
  Mr. ANDREWS. Madam Chairman, I move to strike the requisite number of 
words.
  Madam Chairman, I rise in very, very strong support of the Mink-
Woolsey-Sanchez-Morella amendment. Gender discrimination has been 
institutionalized in American life. It is important that we try to 
uproot that discrimination from its roots, and what better place to 
start than the classrooms of America.
  I am particularly gratified that the authors of this amendment have 
included in it language that I suggested with respect to a special 
education program for gender equity that involves the birthplace of 
women's rights, in Mount Laurel, New Jersey, the Alice Paul Foundation. 
Alice Paul understood when she wrote the equal rights amendment, which 
we will yet ratify, and she understood when she led the fight for 
women's suffrage that discrimination on the basis of gender is rooted 
in American life.
  My grandmother was born at a time when women did not have the right 
to vote. My wife was born at a time when the smartest girl in the 
class, which she was, was told that she could be a teacher but not the 
principal, that she could be a nurse but not a doctor. Now, nursing and 
teaching are honorable professions and if a young woman or young man 
chooses that profession, we should encourage them to do so, but we 
should educate them that if they choose to be the doctor or the 
principal or the President, that they have every right to do so. It is 
important that young women learn that from the word go.
  My daughters are 6 and 4. They are being educated in their homes to 
understand that they can go as far as their abilities will take them. 
But I understand that in the institutions that they will encounter, 
they will not necessarily receive the same message. They will be paid 
69 cents for every dollar that their brothers earn. They will be told 
that there are still glass ceilings that apply to them but not their 
boy cousins or brothers. This must change. The first and best place to 
change it is in America's classrooms, and the best way to change it 
today is for us to strongly support the retention of this program.
  I applaud the authors for introducing it.
  Mr. HINOJOSA. Mr. Chairman, I move to strike the requisite number of 
words.
  (Mr. HINOJOSA asked and was given permission to revise and extend his 
remarks.)
  Mr. HINOJOSA. Mr. Chairman, the region of America that I represent 
strongly supports the Women's Educational Equity Act. WEEA, as it is 
best known, represents the Federal commitment to helping schools 
eradicate sex discrimination from their programs and practices and to 
ensure that girls' future choices and success are determined not by 
their gender but by their own interests, aspirations and abilities.
  I have four daughters, and I want the best for them. I want them to 
be able to reach as high as they can dream. Since 1974, WEEA has funded 
the following: Research, development and dissemination of curricular 
materials; training programs; guidance and testing activities; and 
other projects to combat inequitable educational practices.
  Through an 800 number, through e-mail and a web site, the WEEA 
Publishing Center makes these materials and models widely available at 
low cost to teachers, administrators and parents throughout. WEEA is 
critical in assisting schools to achieve educational equity for women 
and girls. WEEA provides a resource for teachers, administrators and 
parents seeking proven methods to ensure equity in their school systems 
and communities. WEEA projects help so that girls can become confident, 
educated and self-sufficient women.
  Since its inception, WEEA has funded over 700 programs. Past and 
current WEEA-funded projects include:
  Programs such as Expanding Your Horizons, which exposes girls to 
women in nontraditional careers, have been replicated in communities 
throughout the country often by AAUW branches. Developing ``Engaging 
Middle School Girls in Math and Science,'' a 9-week course for teachers 
and administrators which explores ways of creating classroom 
environments that are supportive of girls' successes in these subjects. 
Clarifying for schools the definition of sexual harassment and what the 
law requires them to do about it.
  Finally, Mr. Chairman, I urge my colleagues to vote to reinstate the 
Women's Educational Equity Act, and I commend the authors of this act, 
the gentlewoman from Hawaii (Mrs. Mink), the gentlewoman from 
California (Ms. Sanchez), the gentlewoman from California (Ms. Woolsey) 
and the gentlewoman from Maryland (Mrs. Morella).
  Mrs. MORELLA. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, there are several gentlemen on this side of the aisle 
who relinquished their time to me, and I appreciate that very much. I 
thank the gentleman from North Carolina (Mr. Ballenger) and the 
gentleman from Utah (Mr. Cook).
  Mr. Chairman, I rise in strong support of the Mink-Woolsey-Sanchez-
Morella amendment. I am proud to have my name on it. It would restore 
gender equity provisions to Title I programs.
  My colleagues on the Committee on Education and the Workforce have 
really worked hard on this legislation and for that I commend them. I 
commend the gentleman from Pennsylvania. I commend the members of the 
committee. H.R. 2 has some very good provisions. The bill encourages 
parent involvement, targets funds to those most in need, and supports 
gifted and talented programs.
  However, H.R. 2 does not reauthorize the Women's Educational Equity 
Act, it does not ensure that teachers in Title I schools are trained to 
treat boys and girls equally, and does not train teachers to encourage 
children from underrepresented groups, including girls, to pursue 
careers and higher education degrees in math, science, engineering and 
technology.
  It is my understanding that the gender equity provisions that are in 
current law have been eliminated because, quote, they have served their 
purpose and that gender equity has been accomplished and they are not 
needed.

[[Page H10500]]

 This is simply not true. While many girls are doing better in math and 
science classes in school, these generally are girls in more affluent 
schools in suburban areas. Many of these schools, such as Walt Whitman 
High School in Bethesda, Maryland, or Richard Montgomery in Rockville, 
Maryland, have made efforts to work with girls to encourage them to 
take high level math and science classes and correct gender bias in the 
classroom.
  For disadvantaged students, however, it is another story. And those 
are the students whose needs are supposed to be addressed in this 
legislation. In Title I schools, boys as well as girls are not 
succeeding and we must ensure that these students are prepared for the 
job market as we approach the 21st century. For girls, we must address 
the problem of teen parenting and its impact on the female dropout 
rate. We must also address the new gender equity gap that is widening 
for girls in technology.
  Statistics show that African-American and Hispanic students fare 
poorly in technology. For instance, only 127 Hispanic girls nationwide 
took the AP computer science exam in 1998. Only six Latinas in the 
State of California took the exam in 1998. African-American girls 
comprised 10 percent of the girls taking the exam but 83 percent made 
the lowest score of 1 out of 5.
  The statistics for the general female student population are also 
disturbing. For example, more than 53 percent of female students take 
no further high school math beyond Algebra 2. Only 25 percent of female 
students have taken computer science courses in high school. Only 2 
percent of female students have taken the advanced placement test in 
physics. I could go on and on. Only 20 percent of female students take 
the three core science courses, biology, chemistry and physics, in high 
school.
  Mr. Chairman, as we prepare to enter the new millennium engaged in a 
competitive global economic market, we must ensure that our children 
are fully prepared for the future. Most jobs are going to be 
technology-based. They say that over 60 percent of them will be. People 
who can possess information to develop new goods and services and use 
technology effectively will excel in the next century. Nations that 
prepare their citizens for this new economy are going to be most 
successful, lower tax rates, better services, higher standard of 
living.
  We are going to need a healthy pool of technically skilled persons, 
information technology workers. We can arrive this only if we educate 
both halves of the workforce. We cannot afford to dismiss 50 percent of 
our kinetic energy. We must ensure that we address the different 
learning needs and styles of girls in the classroom from kindergarten 
through high school. We all have the same interest at heart, both sides 
of the aisle, males, females. We all want to make sure that our 
children and grandchildren are afforded a quality education and that 
they are well prepared for the marketplace of the future. We can do 
that by voting ``yes'' on the Mink-Woolsey-Sanchez-Morella amendment.
  Mr. BALLENGER. Mr. Chairman, I move to strike the requisite number of 
words.
  First of all I would like to say that having read the information on 
the Mink amendment I am not necessarily for it, because it says in our 
description here, it is to identify and eliminate gender and racial 
bias in instruction materials, methods and practices. To me that sounds 
like building a whole new bureaucracy in the educational vein. I am not 
sure that Title I does not have enough problems already.
  In the past, Title I funding has seen few results. However, H.R. 2, 
the Student Results Act of 1999, has strong accountability measures to 
ensure that these Federal funds are spent in the appropriate manner, on 
low-achieving, disadvantaged students of both sexes. It is important to 
let schools know that if we are going to give you Federal funding, we 
expect results.
  This bipartisan bill creates the academic State reports which show 
the academic performance of all schools receiving Title I funding, 
allowing parents and local leaders to monitor the progress of these 
schools. H.R. 2 also allows students in low performing schools to have 
the choice of transferring to a public school or to a public charter 
school that is not low performing.
  Accountability does not stop there. This bill requires that within 3 
years of enactment, paraprofessionals, or teachers aides, as they say, 
at schools receiving Title I funding have to complete at least 2 years 
of study in an institution of higher learning, obtain an associate's 
degree or higher and meet rigorous standards of quality set by the 
local school district in math, reading and writing. You cannot really 
help low achieving students with unqualified teachers aides. These 
students need the best of the profession to move out of their low 
achieving status. In the past, this teaching effort was largely done by 
75,000 teachers aides. With the additional training, we could almost 
reach the President's requested 100,000 more teachers with less money 
and the need to hire fewer teachers. This higher standard will ensure 
that our Federal funding is used in providing a higher quality of 
education to our youth, especially since 95 percent of the money must 
go to the classroom.
  We should not use Title I funding again to go to students who have 
already been failed by the educational system before. Let us support 
H.R. 2.
  Ms. MILLENDER-McDONALD. Mr. Chairman, I move to strike the requisite 
number of words.
  Mr. Chairman, as a former director of gender equity programs for the 
largest unified school district in California and the second largest in 
the Nation, I know firsthand how important this extraordinary program 
is. I have seen teen mothers come, thinking that they had no other 
recourse but to stay at home and stay on welfare. With this program 
they have come to school, they have engaged in job training, with 
counseling, while their children were in a safe child care program.
  I have seen single parents who thought that they had no other 
recourse but found job training programs while being counseled and were 
able to become self-sufficient. I have seen displaced homemakers who 
after a divorce were petrified in thinking that they had to go to work 
without skills. This is the type of program that we are talking about 
today, the gender equity programs and the provisions that are included 
in this amendment.
  Mr. Chairman, I yield to the gentleman from California (Mr. Martinez) 
who has worked with me for years when I was with Los Angeles Unified as 
the director of gender equity programs.
  (Mr. MARTINEZ asked and was given permission to revise and extend his 
remarks.)
  Mr. MARTINEZ. Mr. Chairman, I rise in strong support of this bill and 
associate my remarks with those of the gentlewoman that yielded to me. 
There is no reason why this amendment should not be accepted. Just 
think about it, gentlemen, when you vote against women, you are voting 
against over 50 percent of the voters.
  Ms. MILLENDER-McDONALD. Mr. Chairman, I think that is noteworthy, to 
say that the majority of the voters in this Nation are women.
  I yield to the gentlewoman from Texas (Ms. Jackson-Lee) who worked 
with me very closely when she was on the city council in Texas and I 
was on the council in Carson.

                              {time}  1730

  Ms. JACKSON-LEE of Texas. Madam Chairman, I thank the gentlewoman 
very much for her excellent leadership, just to say that I associate 
myself with her remarks and others in support of the Mink-Woolsey-
Sanchez-Morella amendment restoring gender equity to H.R. 2 and 
providing opportunities for math and science be taught to our young 
women. We cannot tolerate any further less than 20 percent of the 
doctoral candidates in computer science, engineers and elsewise, 
chemistry, not being part of the female population of the United 
States.
  This must be corrected. I support this amendment.
  Madam Chairman, I rise to strongly support this extremely important 
amendment. Gender equity remains a key issue in America's society, and 
nowhere is it more apparent than in education--especially in regards to 
educational opportunities in math, science, engineering, and 
technology.
  We passed Title IX a quarter-century ago to ensure equal 
opportunities for girls as well as boys. Title IX has accomplished a 
great number of its goals. If we were to ever question

[[Page H10501]]

the impact of Title IX, we simply need to recall the USA Women's Soccer 
Team during its glorious World Cup run and the Houston Comets' 
unprecedented 3 year reign as WNBA Champions.
  Yet, although a great deal of progress has been made, a gender gap 
still exists in America's schools. Today's education field requires 
gender-fair policies more than ever. With advances in science and 
technology, we must work to narrow the gap that exists between boys and 
girls in these fields. Indeed, to empower young women to achieve 
economic independence and full participation in the new world of the 
21st century, we must ensure that girls are educated fairly.
  The Student Results Act, H.R. 2, maintains many standards for public 
education in the reauthorization of the Elementary and Secondary 
Education Act. But it lacks many of the gender equity-related 
provisions that have been proposed--and some that have been part of 
ESEA for decades. For all students to achieve in school, educators, 
parents and policymakers must develop strategies to address the 
different learning styles of all students. Both genders deserve equal 
opportunity to excel and learn in the classroom.
  The Mink-Woolsey-Sanchez-Morella amendment to the Student Results Act 
includes many gender equity provisions in current law that H.R. 2 has 
eliminated. These include the reauthorization of the Women's 
Educational Equity Act (WEEA) which has, since 1974, represented the 
federal commitment to ensuring that girls' future choices and success 
are determined not by their gender, but by their own interests, 
aspirations, and abilities.
  This amendment also trains teachers in gender equitable methods and 
techniques and requiring the identification and elimination of gender 
and racial bias in instructional materials. The amendment also strives 
to ensure that dropout prevention programs target pregnant and 
parenting teens, thereby addressing one of the chief causes of young 
women's dropout rate.
  In addition, the amendment allows Title I schools to set up programs 
to encourage girls and other underrepresented groups to pursue careers 
and higher education degrees in math, science, engineering and 
technology.
  This latter issue is of great importance given our current dearth of 
science and math teachers. Elementary school districts report a 96 
percent demand for science teachers and a 67 percent need for math 
teachers. These statistics are sobering, and we must act immediately.
  It is clear that we are not cultivating enough scientists, 
mathematicians, and engineers from our K-12 schools. In the status quo, 
high tech firms are looking to import workers from abroad to keep them 
competitive in this ever-evolving industry. In a nation of innovation 
such as ours, this situation is unacceptable, and given the 
opportunity, I am certain that American women could easily fill these 
positions.
  Yet, we find that women face barriers to entry and achievement at all 
stages of the academic ladder. We have identified a series of 
mechanisms that mitigate against the progress of women in academic 
careers in science and engineering. Extra-academic factors as the 
differential socialization of men and women and marriage and family 
impede the progress of women. The normal working of everyday features 
of academic science such as advising patterns have the unintended 
consequence of excluding women. This amendment could go a long way 
toward remedying these problems.
  In 1983, only approximately 15 percent of undergraduate engineering 
students were women. Yet, in 1996, that number failed to rise 
substantially, and less than 20 percent of undergraduate engineering 
students were women. In 1995, over 50,000 male engineering students 
were awarded bachelor's degrees. During that same year, only around 
10,000 female engineering students were awarded bachelor's degrees.
  Just over 15 percent of doctoral computer scientists in the workforce 
were women. Women represented just over 10 percent of all math doctoral 
scientists and engineers in the workforce, women represented under 15 
percent of all chemistry doctoral scientists in the workforce, and 
women composed under 5 percent of all engineers with doctoral degrees 
in the workforce.
  H.R. 2 provides greater opportunities for many underprivileged 
groups. This amendment simply ensures that women are included in its 
coverage. We must continue the progress afforded by Title IX, and we 
must provide greater opportunities for women, especially in the fields 
of math, science, and technology.
  I urge my colleagues to support this amendment.
  Ms. MILLENDER-McDONALD. So, Madam Chairman, we are here today 
debating whether or not we should include a provision that has been 
included since 1974 that represents the Federal commitment to ensuring 
that girls' future choices and successes are determined not by their 
gender, but by their own interests, aspirations and abilities. I do not 
think that in 1999, as we prepare to enter a new century in which many 
jobs are based on a thorough understanding of math and science, we 
would be on this House floor debating whether or not our girls still 
need and deserve educational equity.
  Today we will have the opportunity to vote on the Mink-Woolsey-
Sanchez-Morella amendment. This amendment includes many gender equity 
provisions that are in current law. In addition, the amendment allows 
title I schools to set up programs to encourage girls and other 
underrepresented groups to pursue careers and higher education degrees 
in math, science, engineering and technology.
  I can recall, Madam Chairman, when I introduced an aviation program, 
being gender equity director in the Los Angeles Unified School 
District. Girls did not know anything about airplanes, and yet we have 
this program whereby they can do simulations on airplanes and really 
take an interest in becoming pilots. They were very enthused about that 
and indeed intrigued about that. These are the types of programs that 
we can introduce our young women to through a gender equity program.
  So, I understand the necessity for gender equity programs and the 
continuance of a Federal commitment towards such programs.
  Now in 1996, Madam Chairman, we were able to restore gender equity 
funding by a vote of 294 to 129 in this House. We had bipartisan 
participation then, and I do hope that we will continue to have this 
bipartisan participation today because our girls, all of us, I think, 
who are married who have children and have girls, and our girls meet 
these types of equity programs.
  The gentleman will recall as the chairman of the Subcommittee on 
Special Small Business Problems that we had the digital divide hearing, 
and with that hearing we saw a disparity of the number of women and men 
in programs that talked about high tech.
  We also saw minority groups that were disproportionately numbered in 
terms of being in high-tech programs or even having computers in 
schools or in their homes. This is the type of thing along with the 
study and the magazine Education Week that shows that only 14 percent 
of African American students and 25 percent of Latino students used 
computers for simulation and application rather than just drills. 
Compare these figures, Madam Chairman, to the 43 percent of Asian 
students and 31 percent of Caucasian students who use their computers 
for stimulation, simulation and application.
  I know that time is out, the time is out for us to stop playing 
around with our girls' future and put this provision in for the sake of 
the future of this country.
  Mr. COOK. Madam Chairman, I move to strike the requisite number of 
words.
  Madam Chairman, improved student achievement and a quality education 
for every child is a top priority for all of us. That is why I am proud 
to support H.R. 2, which will accomplish just that, close achievement 
gaps and raise the academic performance of every student. This bill 
effectively responds to needs of our States and local communities by 
empowering them with the flexibility they need to achieve these 
important goals.
  Just yesterday educators from my home State of Utah reiterated here 
in Washington their support for giving schools the flexibility to use 
funds in effective and innovative ways that will actually benefit 
students and improve achievement. A one-size-fits-all directive from 
Washington has failed to narrow these achievement gaps in the past. 
This bill targets students most in need to ensure that no one is left 
behind.
  This is very important for States such as Utah where disadvantaged 
students are not concentrated in specific districts, but are spread 
throughout the State. This bill will help those students to finally 
receive the attention and the funding needed to reach their potential.
  Accountability is the key component of this bill. School districts 
will have to report to parents on the academic progress of their 
children as well as

[[Page H10502]]

their performance compared to other title I eligible children. This 
will provide parents with practical information about school quality, 
teacher qualifications, and academic performance within their State.
  I would also like to thank the chairman and the committee for their 
willingness to insert the 85 percent hold-harmless language that the 
gentleman from Utah (Mr. Cannon), my colleague, and others so 
diligently worked to have included. This will ensure that the children 
in my State and others will not be greatly impacted from a decrease in 
title I funding under the current formula.
  Parents and teachers know what is best for their children, not 
bureaucrats in Washington. Ninety-five percent of title I funds will be 
sent directly to the classroom where those funds belong, not in 
Washington.
  I urge my colleagues to support this bill which will help our 
children get the best education possible.
  Mrs. MEEK of Florida. Madam Chairman, I move to strike the requisite 
number of words.
  Madam Chairman, I certainly want to thank my colleagues, the 
gentlewoman from Hawaii (Mrs. Mink); the gentlewoman from California 
(Ms. Woolsey); the gentlewoman from California (Ms. Sanchez); and the 
gentlewoman from Maryland (Mrs. Morella) for trying to restore the 
confidence and the conscience of this Congress by making sure that we 
do not forget that women and children and girls require equal 
treatment, particularly in education.
  Education is the mainstream of our country. If it were not for 
education, then none of us would be here today because that is the 
backbone of our character and our ability to communicate and to help 
America understand.
  Therefore, today we must focus all of our attention on the issue that 
no inequities exist anywhere in our society, and in order to do that we 
must be sure that there is a continued Federal commitment to solving 
these inequities. Fairness is extremely important to all of us. We must 
be sure that fairness is there. We must be sure that diversity is 
attended to in all levels of education, not just in higher education, 
but in K through 12 and into higher education that that fairness has to 
be there.
  I did not receive it, Madam Chairman, when I was coming along. Now 
the time has come that we all be treated fairly. That is why this 
amendment is going to restore that, to be sure that no one is being 
treated unfairly.
  So we must support this amendment. This amendment makes clear that we 
must retain these solid principles that will keep this Nation a Nation 
unified, a diversified Nation. We must treat boys and girls fairly and 
prepare the teachers so they will know how to do the kind of work they 
need to do. And in the name of my grandchildren, I have four strong 
girls, Madam Chairman, as hard headed as I am: Amber Kinui, Carrie 
Yoshimi Kinui, Ayo Raiford and Lauren Meek, and in the name of those 
four grand-girls I want them to become strong women, Madam Chairman, 
based on education, and certainly I thank us for the Federal 
commitment.
  Mr. BILBRAY. Madam Chairman, I move to strike the requisite number of 
words.
  Madam Chairman, I was not going to speak on this amendment.
  I am very sympathetic to the amendment, but I have to say quite 
clearly I was rather taken aback at a statement made by a dear, dear 
friend of mine from California; and the statement was made that somehow 
that we have got to be aware that when we vote against or for women we 
are voting for or against 50 percent of the voters, and I think that 
really, really is the kind of statement that Americans want to see less 
of from this House.
  I say this sincerely, because when we vote against or for women and/
or girls in this House, we are voting for or against our daughters, our 
mothers, our sisters and our grandmothers, not voters back and forth. 
We are here to serve, as my colleagues know, the people out there in 
the real world.
  And the political jargon, I think people are really, really tired of 
bringing it up; and I am sure that my dear colleague from California 
did not mean for it to come out the way he said, as if this was a 
political ball to be used in this amendment.
  Now I feel very sympathetic to this amendment, and I do see that we 
want equity, and I want to strongly make sure that when we implement 
our education strategies that we have equity. I have daughters and I 
have sons, and I would hope as a parent that every parent feels the way 
I do, that we want our children, no matter what their gender, to have 
access to quality education, to be able to achieve academically.
  Now frankly in my family it is the boys that have the problem 
academically, and I hope that when they have trouble that there will be 
the resources there to make sure that they get through. But my 
daughters happen to have the ability right now to be able to achieve.
  But, Madam Chairman, I just want to say clearly that I think that 
this is a well-intentioned amendment. I am not speaking in opposition 
to it, but I am speaking to my colleagues on both sides of the aisle, 
that when we start using terminology here, let us remember that we are 
all working for our daughters and our sons and our granddaughters and 
our grandsons and try to bring it together; and I look forward to 
working with the sponsors of this amendment who are dear friends of 
mine at making sure that we implement a fair and equitable educational 
system in this country to make sure that our daughters and 
granddaughters and sons and grandsons all can work together for a 
better education.
  Mrs. JONES of Ohio. Madam Chairman, I move to strike the requisite 
number of words.
  Madam Chairman, just think about it like this:
  Right here on the House floor in 1999 I am able to turn around and 
say, Thank you, Madam Chairwoman. But for programs like WEEA, it may 
well have not even happened. See, 25 years ago the first woman military 
pilot, Barbara Raines, was named, and then it took 10 more years for it 
even to happen for the first woman, Katherine Sullivan, to walk in 
space. Hopefully in 2004 we will not have to be counting the first 
woman. There will be many women who have had an opportunity in the 
technological world to participate.
  I rise in support of the Mink-Woolsey-Sanchez-Morella amendment. This 
amendment has my full support because it will restore funding to the 
Women's Educational Equity Act. We have funds, instructional materials, 
teacher training, and it encourages women to pursue careers in the 
fields of math, science, technology, and engineering.
  As my colleagues know, I wanted to go ahead and read my written 
words, but I just decided it would be more appropriate for me to talk 
from right here. In 1974, I graduated law school, and my daddy was so 
happy he said, Yes, she finished law school, and he said, Stephanie, 
what are you going to do next, and I said, Dad, you know I don't know, 
but whatever it is, please be with me.
  In 1981, I ran for my first judgeship, 31-years-old, and but for 
programs like WEEA I never would have even been encouraged to go to law 
school. Made my daddy so happy when I got elected. Election night do my 
colleagues know what he said? See, I got a judge in the family and 
didn't even have to have a boy. My daddy thinking like that, who loved 
and was endeared to me.
  I would suggest to my colleagues that there are young women all 
around this country who need the opportunity to be encouraged and 
supported.
  Let us talk about right here in our own House, 57 women out of 435. 
Think about it. Think about it. Women need to be encouraged to be right 
here on the floor. They do not need just solely technological support, 
they need to think about how can we be here on the floor of the U.S. 
Congress talking about issues that impact the entire country and only 
57 of us are women.
  But let us even talk about major corporations. It is a wonderful 
woman who just became the head of a major corporation, and there are 
only three to five that head major corporations. It is in the 
technology; it is in the training that these young women have not been 
given the opportunity, the access, the encouragement, the support, the 
love, the nuturing, all of which they need to become what they want to 
be.
  Now see, I appreciate the gentleman saying he is sympathetic to this 
piece of legislation. Do not give me sympathy; give me a vote. That is 
what we

[[Page H10503]]

need right here on the floor. My colleague can be sympathetic if he 
wants to, but he should not tell his daughters he is sympathetic and he 
does not want her to go to medical school, he does not want her to go 
to law school, he does not want her to be a engineer.

                              {time}  1745

  As we stand here on the floor today, it is important to think about 
all the young women across this country, and we are 50 percent; and God 
willing, we may even in fact be 65 percent of the next election. We do 
know that women vote more than men do. It is not a political game we 
are playing here. We are playing with the lives of young women; we are 
playing with the heads of the families of young women. We are playing 
with the heads of our young men, because it is the women who raise the 
young men in this country.
  So I would just ask my colleagues, support this amendment. It is 
important to you, it is important to you, it is important to our 
children; and in the end, we will all be paid off.
  Mr. CUNNINGHAM. Mr. Speaker, I move to strike the requisite number of 
words.
  Madam Chairman, I have a grandmother and a mother that never had a 
chance to go to college. I have a wife that has a doctorate and two 
master's degrees. I have my oldest daughter is a gifted writer at the 
University of California, San Diego. My youngest daughter scored 1550 
on her SATs as a junior in high school. She is head of the science 
team. She soloed, because I heard the gentlewoman talk about flying, 
she soloed at 16. We did not need a Federal law to have women to be 
able to participate. I introduced Barbara Raines, the first pilot, when 
she came into flying, and I knew her and I welcomed that, and I 
welcomed people that tried to achieve.
  But let me tell my colleagues something about equity when we are 
talking about not just this amendment. I want to bring to Members' 
attention something that is not in this bill and should not be, but is 
in the Senate version of the education appropriations bill for fiscal 
year 2000.
  We understand that the Senate has included a legislative rider in its 
2000 Labor-HHS-Education bill placing a special 100 percent ``hold-
harmless'' on State-by-State distribution of Title I grants. What that 
means is that in the States where population has grown, they get less 
money because the States where the population has fled from are held 
harmless, and they get the same amount of money.
  What happens is we have hundreds of thousands of children that are 
being underserved in Title I, while other States that do not have as 
many students still get the same amount, and we think that is wrong.
  There are three reasons that the Senate provision is bad for 
children, for men and for women, for boys and for girls. It unfairly 
penalizes schools located in States with growing populations of 
disadvantaged school-age children. It most directly impacts on those 
with the largest and fastest growing numbers of immigrant and Hispanic 
schoolchildren. The Senate provision, in my estimation, is anti-
immigrant.
  Now, I stand opposed to illegal immigration. We are talking about 
legal immigrants that are underserved under Title I because of the 
Senate's hold-harmless provision. I would hope my colleagues on both 
sides of the aisle would support the language in the House, and I hope 
the Committee on Rules does not make in order or protect authorization 
on an appropriations bill.
  Mrs. CAPPS. Madam Chairman, I move to strike the requisite number of 
words.
  Madam Chairman, I want to offer my strong support for the Mink-
Woolsey-Sanchez-Morella amendment to restore gender equity provisions 
in H.R. 2. We must restore funding for the Women's Educational Equity 
Act. This landmark legislation was established in 1974 to help school 
districts and educators provide equal opportunities for girls and young 
women in our schools. This equity act represents the commitment of our 
Federal Government to ensuring that the future choices and successes of 
girls are determined not by their gender, but by their own interests, 
their aspirations, their abilities. Without the support that this 
amendment makes possible, in fact, young women are held back because of 
their gender.
  Now, girls have come a long way, but we still have work to do. Today, 
only 17 percent of the students who take computer science advanced 
placement tests are girls. This figure alone is enough to tell us that 
gender equity programs are still needed. Additionally, H.R. 2 does not 
continue funding for dropout prevention programs that target pregnant 
and parenting teens.
  I spent 20 years working as a school nurse in the Santa Barbara 
School District where I was the director of the Pace Center, a program 
for teen parents called the Parent and Child Enrichment Program. This 
program encourages teenage mothers to stay in school, helping them to 
take responsibility for their lives, and to gain access to child care 
and other support services. It is essential that this Congress work 
hard to reduce teen pregnancy so that our teens do not become parents 
before the time is right. But, if teens do become pregnant, we must 
work to keep them in school, helping them to keep their lives on track, 
and teaching them to be nurturing parents.
  I have seen firsthand the struggles that teenage parents face, and I 
know how important these dropout prevention programs are.
  Madam Chairman, I strongly urge my colleagues to support these gender 
equity and dropout prevention programs. I am honored to have three 
students from my district here in the Capitol today, and they are 
accompanied by the program development director for Girls, 
Incorporated. These constituents of mine know firsthand and they know 
full well the importance of these gender equity programs.
  Madam Chairman, we here in Congress, we must do our part to keep our 
promise to the students of this Nation to ensure that everyone receives 
equal educational opportunities.
  Mr. TIAHRT. Madam Chairman, I move to strike the requisite number of 
words.
  Madam Chairman, I rise in opposition to the Mink amendment. The GAO 
found that only 17 percent of these grants were being utilized. The 
resources were going to a relatively small number of agencies; but most 
of all, it discriminated against some children by preferences over 
others.
  Let me tell my colleagues about a trip I recently took in Wichita, 
Kansas, to the Levy Special Education School along with superintendent 
Winston Brooks. I saw firsthand there how Title I funding was changing 
the lives of special education students. Life has dealt these kids a 
bad hand, and as compassionate Americans collectively, we are trying to 
even the odds a little and close the gap between the average student 
and these specially challenged, loving children.
  Madam Chairman, H.R. 2 gives the local school districts the 
flexibility to manage the Federal dollars, to meet the needs of these 
special people. At the Levy Special Education School, I met a special 
young man. I will call him Mark. Mark had a great potential, if someone 
could only draw it out of him by spending a little time with him. By 
teaching Mark, even though it was very tough, they were able to give 
him some of life's basic skills. Mark moved out of a small, dark, and 
quiet world into a bright day where he talks, he reads, and he now has 
the confidence to be productive in our community.
  Mark is a success, but H.R. 2 can increase the possibilities of 
success for many others trapped in a dark world.
  Over the next 5 years the Student Results Act will channel 
approximately $9.33 billion annually into programs for 10 million 
disadvantaged students like Mark, with more than $8.3 billion going 
specifically to Title II. The Student Results Act contains several 
provisions that I strongly support, such as quality instructions. In 
the past, Title I has been used as a ``jobs program'' for unqualified 
teacher aides. H.R. 2 increases the minimum qualifications that must be 
met by all teacher aides within 3 years. Furthermore, H.R. 2 ensures 
Title I teachers are more qualified and that parents are aware of the 
numbers of teachers and the teachers' aides that are hired with Title I 
dollars.
  Also under the Student Results Act, parents have the option to 
exercise public school choice for the very first time. I agree with my 
colleague who is chairman of the Subcommittee on

[[Page H10504]]

Early Childhood, Youth and Families when he said the public choice 
provision is a simple concept. Children should not be forced to attend 
failing schools. H.R. 2 allows children attending schools classified as 
low performing to have choices about their education, by giving them 
the opportunity to attend a higher quality public school in their area.
  This act also includes academic accountability by modifying existing 
accountability standards to ensure that all students, not just a 
specific number, but all students, especially the most disadvantaged 
students, show increased academic achievement at school and State 
levels.
  Madam Chairman, H.R. 2 rewards performance. It will reward excellence 
in education by giving States the option of setting aside 30 percent of 
all new Title I funding and provide cash rewards to schools to make 
substantial progress in closing the achievement gap between the 
students that are special-needs students and the average students.
  One of the most important provisions in H.R. 2 for Kansas is that it 
gives rural schools new flexibility to consolidate Federal funds. With 
provisions similar to the Academic Achievement for All Act, under H.R. 
2, school districts with less than 1,500 students will be exempted from 
several formula requirements, giving them the flexibility to target 
Federal funds where they are most needed within the school district. 
Under the Student Results Act, school districts receiving Title I 
funding will distribute information to parents so that they can make 
good decisions, and they will distribute it to the public; and it is 
going to be based on the academic performance of each Title I school. 
That is called the ``school report card.'' There is also testing for 
students in English learning where students who have attended school in 
the U.S. for at least 3 consecutive years will have testing and reading 
and language arts and the English language.
  But one of the other most important things is that H.R. 2 makes sure 
that ESEA programs are based on current scientifically based research 
and not on some unproven fad that has been plaguing our educational 
system in recent years.
  Madam Chairman, H.R. 2 was overwhelmingly approved by the Committee 
on Education and the Workforce last week. I urge my colleagues to vote 
against the Mink amendment, but to vote in favor of this measure and 
encourage President Clinton to sign into law H.R. 2.
  Ms. VELAZQUEZ. Madam Chairman, I move to strike the requisite number 
of words.
  Madam Chairman, I come to the floor today in full support of the 
Mink-Woolsey-Sanchez-Morella amendment reauthorizing the Women's 
Educational Equity Act.
  The Women's Educational Equity Act encourages the training of 
teachers to treat boys and girls in the classroom fairly. It helps to 
prevent teen mothers or teens who are pregnant from dropping out of 
school, and it allows teachers to be trained to promote education in 
math, science, engineering, and technology among girls.
  According to the National Assessment of Education Programs, despite 
some gains for girls in math and science, gender differences in scores 
still exist. The University of Illinois at Urbana-Champaign found that 
performance-based science classes did not ensure equal participation 
among boys and girls. In classes where teachers are not sensitive to 
gender issues, the study found that there had been even fewer 
opportunities to take an active role in hands-on learning.
  Eliminating the Women's Educational Equity Act would signify the 
dissolution of the only Federal program that specifically tackles the 
barriers to educational opportunities for women and girls. Gender 
equity practices, policies and principles must continue to be an 
integral part of the Federal education legislation.
  Five years ago, reauthorization of the Elementary and Secondary 
Education Act included strong provisions for gender equity in 
education. We must not abandon those principles.
  I urge every Member to vote for the Mink amendment and support gender 
equity in elementary and secondary education.
  Mr. McKEON. Madam Chairman, I move to strike the requisite number of 
words.
  Madam Chairman, I would just like to talk a little bit about my 
family. I very fortunately have a wife of about 38 years who is a 
wonderful woman and has been a great partner to me all through our 
life, and we have six children, three girls, three boys. My girls, 
daughters, have all graduated from college. The boys are trailing 
behind a little bit. They have not done quite as well as their sisters, 
but they are doing well in life and in providing for their families. We 
have 17 grandchildren. We have nine granddaughters and eight grandsons, 
and two on the way.

                              {time}  1800

  The thing that I am really proud about is that these daughters that 
graduated from college have done so without any special help or special 
benefit.
  We taught our children that they are all good and that they can all 
do good things. They do not need special handouts or special help.
  I have a little granddaughter that is competing. There is a boy in 
her class and she is in the second grade and one test he will be the 
best in the class and one test she will be the best in the class. She 
is very competitive, does very well in sports, in soccer and in her 
school work. I just hate to tell her that she needs special help to 
compete against the boys or other girls, and I just think that it would 
be good to be able to treat girls and boys as equals and give them both 
a chance to compete and do well in life.
  That is all I want to say on the amendment, but I would like to say a 
little bit more about the bill.
  I rise in strong support of the Student Results Act of 1999. H.R. 2 
builds upon the public education reforms this Congress has already 
considered. First I would like to commend the gentleman from 
Pennsylvania (Mr. Goodling) and the subcommittee chairman, the 
gentleman from Delaware (Mr. Castle), for their hard work. As a member 
and subcommittee chairman of the Committee on Education and the 
Workforce, I am well aware of the time and effort it takes to put 
legislation together and to get it to this point, and I wanted to 
commend them for their work and their dedication and leadership in 
bringing this here.
  Also, the gentleman from Michigan (Mr. Kildee), the ranking member 
with whom I had the opportunity of working in the last Congress on our 
Higher Education Act, I know he has worked very hard and diligently on 
bringing this bill to the floor.
  At the beginning of this year, House Republicans outlined our top 
priorities, and strengthening public education was at the top of that 
list. Enacting the Student Results Act will move us another step toward 
that goal. H.R. 2 reauthorizes title I of the Elementary and Secondary 
Education Act and other programs, which are the cornerstone of the 
Federal Government's role in education, to provide assistance to our 
most disadvantaged children.
  While we have spent billions of dollars over the last 30-plus years, 
the research shows that these programs are not meeting the goals of the 
act. So we must change the failings of the past and replace them with 
real results, and we can do that by voting for H.R. 2.
  For example, H.R. 2 places new qualifications on teachers' aides who 
are hired with title I funds. Too often they are providing instruction 
with little training. In fact, under current law these aides are not 
even required to have a high school diploma. All we ask for is that if 
they are going to be working in the classroom, they must meet basic 
standards. Quality teaching is mandatory in order for these children to 
succeed.
  Finally, I would like to take a moment to discuss an issue that is 
very important to my home State of California and many other States 
with fast-growing populations of poor children, the title I funding 
formula. Five years ago when we last authorized the Elementary and 
Secondary Education Act, we called for periodic updates to the formula 
so funding will go to where the most disadvantaged students are living.
  However, that provision has never been fully implemented because the 
Senate has substituted a hold-harmless each year the Labor/HHS does 
their appropriation. This simply is not fair and

[[Page H10505]]

punishes our Nation's neediest students.
  I am pleased that this year's bill retains the changes we made and 
also calls on the appropriators to abide by the authorizing language. 
For these reasons and more, I call on my colleagues to vote for this 
important legislation.
  Mr. ALLEN. Madam Chairman, I move to strike the requisite number of 
words.
  Madam Chairman, I rise in strong support of the Mink/Woolsey/Sanchez/
Morella amendment which restores current gender equity provisions to 
ensure that girls succeed in school. We need to support gender equity 
and diversity through all levels of education. For decades, title I has 
included essential programs to address the gender gap in education. Now 
arguments have been made that gender inequities no longer warrant our 
attention. While it is true that girls have made some improvements, the 
statistics show there are still major gaps in areas such as technology.
  In our fast-paced global economy, it is essential that girls receive 
the technology skills to compete successfully.
  Another continuing problem is inequitable teaching. In 1998, an 
American Association of University Women report showed that gender 
inequities still persist in teacher practices. While in most cases 
teacher biases are unintentional, we need to develop and implement 
strategies to prevent classroom gender biases. These and other examples 
show why we must continue to address the need for gender equity in 
education. We should make this good bipartisan bill better and adopt 
the Mink amendment.
  First, this amendment includes provisions to keep pregnant and 
parenting teenagers in schools. This is one of the most common reasons 
girls give for dropping out of high school. We should not and cannot 
turn our back on those who are at risk.
  Second, the amendment continues to encourage title I schools to meet 
the educational needs of underserved populations, including girls.
  Schools should develop strategies to treat boys and girls fairly in 
the classroom and to encourage girls to pursue higher degrees and 
careers in math, science, and technology.
  Finally, this amendment would reauthorize the Women's Educational 
Equity Act, WEEA, which was enacted in 1974 under the leadership of the 
gentlewoman from Hawaii (Mrs. Mink), to help schools and teachers meet 
the title IX requirements that prohibit sex discrimination in 
educational programs that receive Federal funding. WEEA provides 
resources for teachers and schools seeking equitable education models 
and methods. Girls all over this country have realized the success of 
WEEA and other currently working programs; and given the current 
continuing evidence of the need, we must reaffirm our commitment to 
ensuring that girls have choices in the future that are not limited by 
gender; and therefore I urge my colleagues to adopt the Mink/Woolsey/
Sanchez/Morella amendment.
  Mr. MORAN of Virginia. Madam Chairman, will the gentleman yield?
  Mr. ALLEN. I yield to the gentleman from Virginia.
  Mr. MORAN of Virginia. Madam Chairman, I thank the gentleman from 
Maine (Mr. Allen) for raising the very important issue of technology. 
H.R. 2 is a very good bill because it really does address the 
inequities that exist throughout our public school system, but this 
amendment is also a terribly important one.
  The gentleman talked about technology. I represent an area that 
currently has about 30,000 unfilled technology jobs, and yet I read in 
the paper that only 17 percent of the students in computer science 
classes are women. So in an area that is expanding so fast, where we so 
desperately need skilled, well-educated personnel, we really need to be 
making a special effort to get the other half of our population far 
more involved in the kinds of jobs that give them control over their 
lives economically and socially.
  This amendment is designed to achieve that objective. It is a good 
amendment. I support it and it makes H.R. 2 all the finer piece of 
education legislation that should really set the direction for the 21st 
century.
  Madam Chairman, I rise in strong support of this legislation as a 
means of addressing the major inequities that disadvantaged students 
suffer as a result of our system of raising money through property 
taxes for our public schools. But it does lack an important measure 
which this amendment would restore and accordingly I would urge my 
colleague's support.
  The Women's Equity Education Act is so important to ensuring that 
girls are afforded the same educational opportunities as boys. We have 
made great strides in this direction since the program was originally 
initiated 25 years ago. Some may even suggest that the program is no 
longer necessary. I disagree for many reasons, but one sticks with me.
  My district and its surrounding community in Northern Virginia is 
home to many of the most prosperous high-tech companies in the world. 
Companies like America Online, Oracle and Network Solutions employ many 
thousands of my constituents. The Northern Virginia Technology Council 
estimates that there are 19,000 unfilled jobs in this region in the 
high-tech field.
  But here I read that only 17% of students in advanced programming 
computer science classes are young women. In a seemingly ever expanding 
economy based on new technologies, to not encourage women to fill these 
high paying, desirable jobs by encouraging their participation in these 
educational field would be unconscionable, and the result of leaving 
the Women's Educational Equity Act out of this bill.
  I urge my colleagues to continue to strive for gender equity, to end 
the disparity between women and men in earnings and retirement savings, 
and most importantly to make sure that girls and young women are 
afforded the same opportunities as boys and young men in our public 
schools.
  Mr. HAYES. Madam Chairman, I move to strike the requisite number of 
words.
  Madam Chairman, I probably somewhat reluctantly rise in opposition to 
the Mink amendment. I have a number of friends here who are ladies, and 
there is no question in my mind that they are here because of their 
ability and their desire to do a good job.
  I think that H.R. 2 is a great bill. It does things that are badly 
needed, but as I sit and listen to the debate, I wonder do we really 
have a gender equity problem? I do not think so. In the past, there 
have been serious problems. These problems have been addressed in the 
process of governmental reform. If we have problems with equity now, it 
seems to me that this is a management problem, not a legislative 
problem. It is very clear in the law that we will treat everyone 
fairly. If someone does not know that by now, then management in the 
school system certainly is well equipped to deal with what is a 
management problem and not a legislative problem.
  I hope we would not distract from the many fine qualities and 
features of H.R. 2 that are before us today by going off in a direction 
that ultimately may not be positive for all of our students.
  Let me talk just briefly about H.R. 2. Recently, as recently as last 
week, I had the experience and pleasure of being in Fayetteville, North 
Carolina, in my home district. I witnessed the choice school, a local 
community addressing the needs of their children. It is known as 71st 
Classical Middle School. It is a school for middle schoolers sixth 
through eighth grades, a school that parents and students choose to go 
to in the public school system. This school is in its fourth year of 
existence and is already ranked as one of the top 20 middle schools in 
the State of North Carolina. There is a competitive, random selection 
application process that is used to select students for this school. 
Parents and teachers sign a contract, as do the students, in which they 
agree to strict adherence to discipline, prescribed codes of dress, 
high expectations, rigorous academic standards; in other words, the 
kind of flexibility that we all aspire to with H.R. 2. Wonderful 
atmosphere, young people who are excited about learning, teachers who 
are committed to the process; a building, interestingly, that was built 
in 1924, in pristine condition, restored at a cost of some $500,000, 
which is a stark contrast to a replacement of probably $15 million.
  My point is, this was an atmosphere in which learning was taking 
place because local parents, teachers, superintendents had the 
flexibility to make choices that really worked for their young people.

[[Page H10506]]

  Let me read just a portion of what that contract says: ``In order to 
maintain a positive academic environment conducive to high standards in 
teaching and learning, students will be accountable for responsible, 
respectful behavior. Students must adhere to the rules contained in the 
Cumberland County Schools' Student Code of Conduct, the 71st Classical 
Middle School Dress Code. If failure to abide by these rules results in 
a 3-day suspension or more, the student shall be transferred to his or 
her home school unless disciplinary action results in a long-term 
suspension from all schools.'' As I say, what a wonderful atmosphere 
where learning was taking place.
  With this contract comes accountability, just what H.R. 2 is about, 
both from students and from teachers, and even more importantly, 
respect. They wear uniforms. The school is pristine. They have seminar 
classes in which students gather to talk about subjects across the 
academic spectrum. They develop life-long learners. They utilize a 
variety of instructional methods, stimulate creative and critical 
thinking through seminars. They emphasize positive character 
development, ensure strict adherence to a code of conduct, mandate 
prescribed standards of dress. There is no peer pressure there.
  I would read the code in part, if time would permit. Again, the goal 
is to have all of the schools in Cumberland County to have these kind 
of choices that result in this sort of atmosphere and give these kinds 
of results.
  Madam Chairman, I recommend H.R. 2 and support it strongly.
  Mr. KILDEE. Madam Chairman, I move to strike the requisite number of 
words.
  Madam Chairman, I rise in strong support of this amendment to restore 
and strengthen title I's and ESEA's focus on gender equity. I have yet 
to find a school in this country, and I traveled throughout the 
country, where additional help on the area of gender equity would not 
be useful.
  Girls continue to be educated at a lower level in the areas of 
mathematics, science, and technology and even other areas. This has the 
effect of denying women access to careers that are higher paying and to 
self-sufficiency. Since our girls continue to fall behind boys in these 
critical access areas, I cannot understand why this House would not 
adopt this very, very reasonable amendment.
  Certain Members have stood up here and have stated that their 
daughters are doing well without the help of the Federal Government. 
Those daughters, I am sure, have benefited from the Women's Education 
Equity Act without even knowing about it. My daughter, I know, 
benefited from the Women's Education Equity Act, and she was not even 
aware of the fact that it was on the books.

                              {time}  1815

  So they stood, I am sure, in good faith, saying their daughters have 
not been affected by it. The laws may not be published on the wall to 
have an effect in the school. In fact, the schools are required to do 
certain things that have touched the lives of countless girls in the 
schools in this country. So I certainly strongly support this 
amendment.
  Madam Chairman, I yield to the gentleman from Minnesota (Mr. Vento).
  Mr. VENTO. Madam Chairman, I thank the gentleman for yielding to me. 
I rise in strong support of the gentlewoman from Hawaii (Mrs. Mink) and 
the gentlewoman from California (Ms. Woolsey) and the gentlewoman from 
California (Ms. Sanchez) and the gentlewoman from Texas (Ms. Jackson-
Lee) and the gentlewoman from Maryland (Mrs. Morella) for offering this 
amendment.
  Madam Chairman, the fact is that, generally, for thousands of years, 
we have had a circumstance in our society, in the Western society, 
where women have obviously not had the opportunity to develop their 
full potential.
  In our Nation, some 2 decades ago, this legislation was enacted in an 
environment in which there is a recognition that as a society, if we 
want to grow, if we want to retain our full productivity, we need to 
obtain the participation of all race and color and gender in our 
society.
  We have made some very positive progress. But to think that we could 
turn on its head 1,000 years of, basically, gender discrimination in 
the base of 2 years is, I think, arrogant.
  I think the recognition of that is represented in wages that are 
paid, in the presence of women in the course studies of engineering and 
science and many other specialties where they basically are not able to 
participate on an equal basis.
  I think, just as a society, this is a great bill in terms of 
investment in our people, investment in our communities to build a 
better society, have a more productive economy. But we cannot do that 
if we are going to not develop the full potential of both the men and 
women or the young men and women in our society.
  So I look forward to this amendment receiving the type of support it 
deserves. Frankly, the small amount that is being asked here to help 
and encourage and to provide leadership in this Nation and globally; 
quite frankly, it is not just here. I mean, other nations look to us in 
terms of what we are doing and the leadership that we have provided in 
terms of women's rights and the involvement of women and the status of 
women around the globe, whether it is in international forums, whether 
it is in other countries where there is a persistent discrimination and 
alienation and rejection of the full participation.
  This is, after all, a Nation where we have the franchise where we 
have changed many things. It is not time to rest on our laurels; it is 
time to move ahead. To move ahead with this amendment in this body for 
this small amount, we need to do this; and we need to do much more, 
quite frankly.
  Some of the best teachers and some of the best folks that I have ever 
worked with in my career in developing my skills, starting with my 
mother, I am one of eight, and she was a great leader, and I would say 
with the teachers, instructors that I have had in my college and 
professional training, have been women, women scientists. Actually, I 
was a science teacher. So these scientists have devoted their lives. We 
need to develop and encourage more women to take up these fields so we 
can have the benefit of that in our society.
  Madam Chairman, the American public time and again has rated 
education as a top priority--above tax cuts, above foreign affairs, 
above defense, even above gun control and protecting Social Security. I 
am pleased that this body has uncharacteristically set partisan 
politics aside for a moment to focus on the needs of our students. 
Title I is especially important because it provides funding to ensure 
that all children, despite financial background, ability, or language 
barriers, have the support they need to be successful in our schools 
and beyond. In fact, Title I is to education what preventative medicine 
is to health care; giving schools the opportunity early on to offer 
added services to students who are at risk of falling behind 
academically in their schooling.
  The Saint Paul school district, one of the school areas I represent, 
has undertaken this year a new strategic plan entitled Raising 
Expectations. The school district is committed to establishing 
respectful working relationships with Saint Paul's diverse students and 
families. In short, they are holding themselves accountable for making 
our schools better places to learn and work. I am proud that the Saint 
Paul schools have made this initiative a priority. Passing Title I 
legislation today will demonstrate to them that the Federal government 
is truly interested in helping them achieve these goals.
  The Student Results Act, H.R. 2, strengthens many of the provisions 
in current law. Overall, I support a number of provisions which retain 
the basic structure and focus of the Title I programs, but there are 
some areas in which I think the bill could be further improved. In 
particular, there are two initiatives which I believe will divert funds 
from those schools and students who would best benefit from them. I am 
disappointed to see that the current Title I eligibility requirement 
for the use of funds for school-wide programs was lowered from 50 
percent to 40 percent. This would dilute the funds rather than 
concentrate on the most needed student population. Additionally, this 
bill would allow states to use Title I funds to provide financial 
rewards to schools that have succeeded in improving their students' 
academic achievement. While I certainly understand the importance of 
recognizing schools which have been successful, we should focus funding 
on schools which need those resources; not divert Title I funds as a 
reward, especially when so many factors in dispute are used as indices 
of success.
  In addition, I have concerns with the provision which requires 
students with limited English proficiency to receive parental consent

[[Page H10507]]

before being served by Title I programs. Nearly one-third of the Saint 
Paul school district's student body is comprised of Asian-American 
students, most of whose parents cannot read or write English. These 
kids need extra help and may fall through the cracks of the system if 
we focus resources on fulfilling bureaucratic requirements rather than 
on providing services to LEP students. Providing parents an ``opt in'' 
to an ESL program doesn't address the real needs and deficiencies of 
the student. Students should receive the instruction they need based on 
sound diagnosis, because a positive experience throughout their school 
career is based on the assumption of language competence.
  Finally, this legislation regrettably does not provide funding for 
the promotion of fairness and equity. The Women's Educational Equity 
Act has, since 1974, represented the Federal commitment to ensuring 
that girls in the classroom have an equal chance to succeed. Teachers 
should be trained to treat all students fairly and ensure that 
instructional materials, methods and practices do not promote racial or 
gender bias. In fact, our school and society today must aggressively 
recruit and enroll women in technology, engineering, and other math and 
science based learning, and promote the foundation for such in our 
school settings. Therefore, I'll enthusiastically support 
Representative Mink's amendment that will be offered to this measure.
  Title I is truly a cornerstone of Federal support for building the 
bridge between disadvantaged students and their peers. I encourage all 
of my colleagues to support funding for this important program.
  Ms. SCHAKOWSKY. Madam Chairman, I move to strike the requisite number 
of words.
  Madam Chairman, many of us have gotten up and talked about our 
children and grandchildren, and I am going to follow suit. I have a 
beautiful, bright, intelligent, exceptionally talented granddaughter, 
18 months old. Do I need to worry about her? Probably not. She gets a 
lot of attention from her mom. We are all going to be nurturing her and 
making sure that, at school, she gets the best attention and that she 
does just fine. But what we need to be doing today is looking beyond 
our own families.
  For anyone on this floor to get up and say we do not have a gender 
equity problem is not looking in the right places. All they have to do 
is look around here and see the small percentage of women, 11 percent 
of the Members of the United States Congress. I assure my colleagues 
that I did not grow up thinking that I could become a Member of the 
United States Congress. It was just not on the radar screen for girls.
  That is what we are talking about. How are we going to put on the 
radar screen for the more disadvantaged girls in this country the 
opportunity to do and be anything that they want to be?
  Do we have gender equity? Of course we do not. While educational 
opportunities for girls and young women have improved in some areas, 
many are not given the chance to learn the technology skills needed to 
compete in the 21st Century.
  Let me give my colleagues a few numbers here. Although experts 
predict that 65 percent of all jobs in the year 2010 will require 
technology skills, a very small percentage of girls choose to take 
computer science courses. They are probably not encouraged to do this. 
There may be subtle differences there. Their teachers need training to 
encourage them. When they do take those courses, they use them for word 
processing, the 1990s version of typing.
  Only 17 percent of students who take computer science advance 
placement tests are girls. Is that because 17 percent of the girls are 
smart enough? No. It is because 17 percent of the girls are all the 
ones that have been encouraged to do so. We need to make those numbers 
much, much higher; and we can.
  Then there is a very real economic component to the lack of gender 
equity in our classrooms. They carry that burden with them all through 
their lives. Women are still paid 75 cents on the average for every 
dollar that a man with the same qualifications doing the same job 
earns. Over a third of all families headed by women alone were below 
the poverty level.
  The training for women for low paying, traditional fields helps 
perpetuate the cycle of poverty and powerlessness for both women and 
their children. If we are truly committed to empowering young girls and 
young women and if we want to be able to stand up here at some point 
and say with truth that we no longer have a gender equity problem, then 
the least we can do today is support the Mink-Woolsey-Sanchez-Morella 
amendment which simply seeks to restore the gender equity provision 
that has been there for a long time in H.R. 2.
  Mrs. NAPOLITANO. Madam Chairman, I move to strike the requisite 
number of words.
  Madam Chairman, certainly I want to recognize the great work that has 
been accomplished in this amendment by my colleagues, the women of the 
Congress. I am very much in favor of and support this amendment to H.R. 
2.
  Had WEEA been in effect when I was in school, I do not think it would 
have taken me 40 years to get to this stage, to this floor, and to this 
Congress. Yet, while gender equity efforts have made gains, we talk 
about our women's performance, about how we want to help our young 
people, our young women; we are not in an age where we can say we can 
rest, it has been taken care of. We have a lot yet to do. We have made 
quite a few gains, but there is still a lot of work to be accomplished. 
The passage of this amendment will help us get there.
  In my State of California, possessing high-tech skills is a key to 
success. However, far fewer young women take computer science courses 
compared to boys. My colleagues have heard those statistics. We do not 
want the next generation of women to be left behind. We want them to be 
able to have equity and to compete fairly.
  It is our duty, and it is our responsibility as leaders of our 
communities to bring down those barriers that block young women from 
future success. Passage of this amendment to H.R. 2 will help ensure 
that the next generation of young women are not shut out of the high-
tech revolution or out of any other career they choose to follow. 
Support and vote for this amendment to H.R. 2.
  Madam Chairman, I yield to the gentlewoman from California (Ms. 
Pelosi).
  Ms. PELOSI. Madam Chairman, I commend the distinguished gentlewoman 
from California (Ms. Napolitano) for her excellent statement on this 
subject, and I thank her for yielding to me.
  Madam Chairman, it is very interesting to review why we are here 
tonight. Twenty-five years ago, under the leadership of the gentlewoman 
from Hawaii (Mrs. Mink), our great colleague, the Congress of the 
United States passed legislation, the WEEA; and it has served as a 
resource to parents, administrators, and educators to guarantee 
academic equity in their educational institutions.
  Here we are 25 years later, and Women's Educational Equity Act is 
being debated on the floor again. Why? It is really a remarkable tale, 
almost unbelievable if we had not been conditioned by events of the 
past years, few years.
  The Republican majority in the House of Representatives has chosen to 
remove the gender equity language from this bill, H.R. 2, which in 
itself is a bill worthy of our support and which I intend to vote for, 
and I commend the gentleman from Pennsylvania (Mr. Goodling) for his 
leadership on the bill.
  But why would the Republican leadership in this House decide that, 
after 25 years of effectiveness in helping young girls receive equity 
in their education, that the Republican leadership would take this 
language out of the bill? This is not a positive initiative being 
advanced on the floor today by the Democrats and for education for 
young girls. This is an attempt to remedy the elimination of this 
important language from this bill which has served our country well for 
25 years.
  This is about helping young girls who fall under Title I, the most 
disadvantaged young people in our country. We want them to have the 
opportunity to study math and science.
  We need to do this. We still need to do this. For example, only 17 
percent of the students who take computer science advanced placement 
tests are female. While women comprise 50 percent of the population, 
indeed, over 50 percent of the population, they are only 8 percent of 
the engineering force. The technology gap will exacerbate as time goes 
by, and the glass ceiling will be affected by that.
  We know that by the year 2010, 65 percent of all jobs will require 
advanced technology skills in order to work in them. So as technology 
becomes more important in the work

[[Page H10508]]

force, this technology gender gap, if it is not addressed, women will 
fall behind further.
  So, again, I commend the gentlewoman from Hawaii (Mrs. Mink), the 
gentlewoman from California (Ms. Woolsey), the gentlewoman from 
Maryland (Mrs. Morella), and all of those who worked to put this 
amendment together to correct and to restore what the gentlewoman from 
Hawaii (Mrs. Mink) worked for so hard those 25 years ago.
  Ms. BROWN of Florida. Madam Chairman, I move to strike the requisite 
number of words.
  Madam Chairman, I rise in support of the amendment. This act 
represents the Federal Government's commitment to ensure that young 
girls will not be discriminated against in schools because of their 
gender.
  We have struggled for years to level the playing field for boys and 
girls; and just as we are beginning to see the benefits of this 
program, the Republicans are attempting to roll back the clock. Let me 
say that again. Just as we are beginning to see the benefits, the 
Republicans are trying to roll back the clock. They are trying to gut 
this program in its mean spirit attempt to take valuable education 
tools out of the hands of our Nation's female students.
  Since 1974, the Women Education Equity Act has funded the development 
of school material as well as training programs. It has served as a 
resource for teachers, administrators, and parents. The program also 
helps schools comply with Title IX, the Federal law that prohibits sex 
discrimination in public schools.
  Although female students have made gains in education, they still lag 
behind boys in many important subjects such as math, science, and 
technology. This program is crucial for the continuation of the 
development of this program.
  A young man, one student, an eighth grader, Garrett from Hilliard, 
Florida feels that boys should be able to have the opportunity to play 
volleyball, and girls should be able to have weight training if they 
want to. We found out that this weight training is very important for 
our bone development and other things.
  Madam Chairman, with all of the problems that is going on in this 
country, all of the violence, we in Congress need to be doing all we 
can to make things better. We should not be gutting programs. We should 
be adding to various programs.

                              {time}  1830

  We should be doing all we can to assist the community, the parents, 
the school, the faculty in bringing the community together, not trying 
to gut programs.
  Ms. McCARTHY of Missouri. Madam Chairman, will the gentlewoman yield?
  Ms. BROWN of Florida. I yield to the gentlewoman from Missouri.
  Ms. McCARTHY of Missouri. Madam Chairman, I thank the gentlewoman for 
yielding to me, and I rise today in strong support of the bipartisan 
amendment offered by the gentlewoman from Hawaii, and others, to 
reauthorize the Women's Educational Equity Act and to reaffirm the 
commitment of this House to the principle of gender equity. The 
amendment enables States and schools to eliminate the historic gender 
bias in education materials through teacher training and will encourage 
the participation of girls and minorities in high-tech careers.
  Madam Chairman, I was a high school English teacher 25 years ago, 
when Congress made a commitment to encourage women to pursue quality 
educational opportunities. Congress authorized and appropriated funds 
to teach teachers how to break the cycles of sexism and gender bias. I 
can remember discussing with my high school students the possibility of 
a woman in space, and that conversation was met with general scoffing 
by the boys in the class and doubt by the girls in the class. But I had 
the honor, along with a number of women in this Congress to watch the 
first woman be commander of a NASA spaceship. This year, Eileen Collins 
proved this effort has made a difference.
  For 25 years, Congress has reaffirmed its commitment. We have stood 
by the teachers and the young women, and we have begun to see real 
results. Test scores are improving; women are staying in school longer; 
and career choices are slowly expanding. The glass ceiling has not been 
shattered but it is moving, Madam Chairman. Sixty-five percent of all 
jobs in the year 2010 will require some technology skills. Do not let 
that ceiling come crashing back down on the young women of today.
  Madam Chairman, I urge my colleagues to support the Mink amendment 
for education equity.
  Ms. LEE. Madam Chairman, I move to strike the requisite number of 
words.
  Madam Chairman, I rise today in support of the Mink-Woolsey-Sanchez-
Morella amendment, and I want to especially thank the gentlewoman from 
Hawaii (Mrs. Mink) for her decades of hard work on behalf of all women 
in this country.
  Now, we want our boys and girls to reach their optimum and not be 
restricted by false social limits. This amendment restores current 
gender equity provisions from Title I of the Elementary and Secondary 
Education Act to H.R. 2 to ensure that boys and girls succeed in the 
classroom. This amendment allows Title I schools to set up programs to 
encourage girls and underrepresented groups to pursue careers in higher 
education degrees in math, science, engineering, and technology.
  Now, I raised two boys. I have two sons. This amendment has nothing 
to do with stifling boys, as some may imply, and are implying, but what 
it will do is help to make sure that girls are provided with equal 
opportunities. We do have a gender gap problem. While gaps in math and 
science achievement have narrowed, a new gender gap in technology has 
emerged.
  A recent report conducted by the American Association of University 
Women found that when we compare the performance of girls and boys in 
the classroom, girls appear to be at a significant disadvantage when it 
comes to their exposure to technology. Girls tend to come to the 
classroom with less exposure to computers and other forms of 
technology. They, in turn, become less proficient in using technology 
than boys. These early limited interactions with technology perpetuate 
a cycle of disadvantage in educational technology for girls.
  When young women and girls are underrepresented in computer and 
technology courses, this means that fewer women will be eligible for 
high-paying, high-tech jobs in the future. This issue needs to be 
addressed considering that by the year 2000, 65 percent of all jobs 
will require technological skills.
  Also, Madam Chairman, this amendment targets dropout prevention 
programs for pregnant and parenting teens. For young girls, pregnancy 
and parenting is one of the major reasons why they drop out of high 
school. We know that the United States has the highest teen pregnancy 
rate of any industrialized nation. Each year, almost 1 million 
teenagers become pregnant. For young girls, pregnancy and parenting 
account for half of the dropout rate and for one-fourth of the dropout 
rate for all students. Two-thirds of girls who give birth before the 
age of 18 will not complete high school. Further, the younger the girl 
is when she becomes pregnant, the more likely she is that she will not 
complete high school.
  Again, we know that the less education a person obtains, the lower 
their lifetime earnings will be. This is particularly important because 
the new welfare reform law, enacted by the 105th Congress, provides 
little opportunity for education and training, and places time limits 
on public assistance in education.
  Single women make up 95 to 98 percent of the 2.8 million single adult 
welfare recipients heading families. Of this group, one-third of 
welfare recipients have minimal skills, those skills that are similar 
to that of a high school dropout; and these women will face the most 
extreme employment situations. These women are employable, but only in 
the least skilled, lowest paying jobs. In fact, minimally skilled women 
employed year-round earn on the average $15,200 a year.
  So as we enter the new millennium, we know the job opportunities for 
minimally skilled people will cease to grow. Only 10 percent of all new 
jobs will be generated at this new skill level. And by 2006, only 12 
percent of all jobs will require minimal skill. So

[[Page H10509]]

without the proper investments in education and training, many women 
will continue to rely on public assistance.
  It is critical that parents and pregnant teenagers do not drop out of 
school but complete their high school education. So this 
reauthorization act must provide every proven alternative to strengthen 
and support programs to keep pregnant and parenting teens in school to 
receive a high school degree.
  I urge my colleagues to support this amendment. We are really talking 
about nothing more than plain old equity.
  Mrs. MALONEY of New York. Madam Chairman, I move to strike the 
requisite number of words, and I rise to really thank my colleagues, 
the gentlewoman from Hawaii (Mrs. Mink), the gentlewoman from 
California (Ms. Woolsey), the gentlewoman from California (Ms. 
Sanchez), and the gentlewoman from Maryland (Mrs. Morella) for their 
bipartisan amendment.
  Earlier today the gentlewoman from Hawaii told me that of all of her 
many achievements in her long career, she was most proud of having 
authored and enacted WEEA. We must restore gender equity language that 
helps girls succeed in schools. WEAA is the only Federal program 
dedicated to gender equity that has provided teaching materials, 
projects, programs to schools to eliminate gender bias. If the WEAA 
center is not funded, all the classroom records, program materials, 
anthology of women's voices, and years and years of research will be 
lost.
  More than 55 organizations wrote me in support of this program, and I 
would provide that list for the Record.
  There are those on the other side of the aisle that say this program 
is not needed. Whether it is the medical profession or engineering, 
these fields continue to change and evolve. Just like these fields, 
gender equity needs to be continually updated with new research and 
techniques.
  The appropriators just funded WEAA for $3 million for fiscal year 
2000. Even with the tight budget caps, they recognized the importance 
of this program. But today, some want to throw away over 25 years of 
research, assistance, and expertise. WEAA helps our Nation's girls, but 
some people think girls no longer need assistance in overcoming 
barriers. Yes, women have made great strides, however, these strides 
have not happened by themselves. It has been programs like WEAA that 
provide the training and the materials and the support for girls in 
education. In the last 6 months alone, WEAA has received over 700 
requests for information on gender bias.
  Glass ceilings still exist in the classroom, in universities, and in 
the marketplace. Women still only make 72 cents to every dollar a man 
earns. When girls are exposed to math and sciences, they tend to choose 
nontraditional female careers, careers such as bankers and engineers, 
that have lifetime earnings of more than 150 percent above their peers 
who choose traditional careers, such as nursing and secretaries. This 
glass ceiling still exists, and we will not break out of it until we 
break out of this pink collar ghetto.
  Last year, more than 65 percent of all jobs will require technology 
skills. But girls make up only 17 percent of the students taking 
advanced placement computer science tests. Even in basic computer 
usage, girls repeatedly rate their computer skills as far lower than 
boys.
  Yes, our underserved populations, girls and boys, need to have equal 
opportunities for success, yet girls in underserved populations have 
two barriers before them. They not only lack access to math and 
technology, but they still have the disadvantage of being a girl in a 
society that often treats them differently from boys. More than 60 
percent of new teachers, when shown videotapes of their classroom 
instruction, were unaware of the disparity between how they treated boy 
and girl students. WEAA provides teachers with training and materials 
to help them adapt their teaching techniques to provide more equity in 
the classroom.
  This essential, unique service provided by WEAA helps our teachers, 
administrators, and other school staff work with the learning needs of 
both boys and girls. Studies have shown that girls and boys learn 
differently.
  Newer teaching techniques can help boys excel in greater numbers in 
the social sciences and with communication skills--an area typically 
favoring girls.
  WEEA's training material help teachers address these issues, issues 
special to boys, in their classrooms too.
  As we head into the next century, we cannot turn our backs on women 
and girls.
  As the educational needs of our society change and grow, at math and 
technology continue to become prominent skills of our everyday lives, 
gender equity in our education system is more essential than ever girls 
must catch up with boys when it comes to math and technology.
  To the critics who say there is no longer a need to assist girls and 
young women in America's education system--I say this: A quote from a 
former WEEA director: ``If we as a nation had decided to stop funding 
research on heart disease after we made the first mechanical heart, we 
would have wasted our initial investment. Like medicine, equity is an 
evolving process and needs to be continually examined, revised, and 
supported. There is still a lot of work to do, and it changes over 
time, but gender equity is a real issue that needs to be addressed anew 
ever year.''
  Even though only 12 percent of the House of Representatives are women 
I hope the rest of the House will vote bipartisan and vote for gender 
equity. I ask my colleagues to support the Mink/Woolsey/Sanchez/Morella 
Amendment.
  Madam Chairman, the following is the list I referred to earlier:

       American Association of University Women,
       American Association of School Administrators,
       American Educational Research Association,
       American Civil Liberties Union,
       American Civil Liberties Union--Women's Rights Project,
       American Federation of State, County, and Municipal 
     Employees,
       American Federation of Teachers,
       American Jewish Committee,
       American Psychological Association,
       Association of Teacher Educators,
       Association for Women in Science,
       Business and Professional Women/USA.
       Center for Advancement of Public Policy,
       Center for Women Policy Studies,
       Children & Adults with Attention Deficit/Hyperactivity 
     Disorder (CHADD),
       Church Women United.
       Coalition of Labor Union Women,
       Council of Chief State School Officers,
       Council for Exceptional Children.
       ERA Summit,
       Federation of Organizations for Professional Women.
       Girl Scouts of the United States of America,
       Girls Incorporated.
       Hadassah,
       Human Rights Campaign.
       Jewish Council for Public Affairs.
       Lawyers' Committee for Civil Rights Under Law,
       Leadership Conference on Civil Rights.
       Myra Sadker Advocates for Gender Equity.
       NAACP Legal Defense and Educational Fund,
       National Alliance for Partnerships in Equity,
       National Asian Pacific American Legal Consortium,
       National Association of Collegiate Women Athletic 
     Administrators,
       National Association of Commissions for Women (NACW),
       National Association for Bilingual Education,
       National Association for Female Executives,
       National Association for Girls and Women in Sport,
       National Association of School Psychologists,
       National Association of State Directors of Special 
     Education.
       National Center on Women and Aging,
       National Coalition for Sex Equity in Education,
       National Council of Administrative Women in Education,
       National Council of Jewish Women,
       National Council of La Raza,
       National Education Association,
       National Parent Teacher Association,
       National Partnership for Women and Families,
       National School Boards Association,
       National Science Teachers Association.
       National Urban League,
       National Women's Conference,
       National Women's History Project,
       National Women's Law Center,
       NOW Legal Defense and Education Fund.
       Older Women's League.
       Religious Coalition for Reproductive Choice,
       Service Employees International Union, AFL-CIO,
       Sexuality Information and Education Council of the United 
     States,
       Soroptimist International of the Americas.
       United Church of Christ Board for Homeland Ministries,
       United States Student Association.
       Wider Opportunities for Women,
       Women Employed,
       Women and Philanthropy,
       Women of Reform Judaism,
       Women Work!

[[Page H10510]]

       Women's Business Development Center,
       Women's Institute for a Secure Retirement,
       Women's Sports Foundation,
       YWCA of the U.S.A.

  Mr. OWENS. Madam Chairman, I move to strike the requisite number of 
words, and would like to associate myself with the remarks of the rest 
of my colleagues.
  (Mr. OWENS asked and was given permission to revise and extend his 
remarks.)
  Mr. CLAY. Madam Chairman, I move to strike the requisite number of 
words, and I rise in support of the Mink-Woolsey-Sanchez-Morella 
amendment.
  (Mr. CLAY asked and was given permission to revise and extend his 
remarks.)
  Ms. NORTON. Madam Chairman, I move to strike the requisite number of 
words.
  Madam Chairman, we owe a debt of thanks to the gentlewoman from 
Hawaii (Mrs. Mink), the gentlewoman from California (Ms. Woolsey), the 
gentlewoman from California (Ms. Sanchez), and the gentlewoman from 
Maryland (Mrs. Morella) for their work in helping us as we strive to 
save the Women's Educational Equity Act this evening.
  Madam Chairman, it will be unbelievable to most Americans that there 
is a message going out from this body that women and girls have 
arrived. That will be news to the American people, especially to women 
and girls themselves.
  I ask this body, please do not make girls a victim of their own 
success, for things are not as bad as they were when we last rose to 
speak about this bill, but who can but admit that they are not as good 
as they should be; and we should not extinguish prematurely one of the 
programs that is finally yielding results for girls and women.
  It is a truism that special targeted programs are not permanent. The 
challenge is to allow them to get a sufficient foothold, or the 
advances we have achieved because of these programs may well all be 
lost. The work that remains for girls is across the board, is across 
the classes, is across the races, and is across geographical 
boundaries.
  Look at the high pregnancy rates, for example, in Title I schools. We 
know that this is directly related to what happens at home; but, my 
colleagues, these high pregnancy rates are directly related to what 
happens at school before pregnancy occurs, and what happens at school 
after pregnancy occurs when these girls drop out of school wholesalely.
  Every American, to take girls at the other end of the scale, should 
be greatly concerned about the gap of girls between girls and boys on 
standardized tests, again across racial lines and across class lines, 
precisely in those areas where proficiency is going to be required in 
the next century. We have to solve these mysteries before getting rid 
of programs like WEAA.
  Why do males increase their advantage over girls in grades 8 to 12 in 
math concepts and geopolitical subjects and in natural sciences? If we 
continue to let that happen, the whole country is at risk.

                              {time}  1845

  Why is it that at the fourth grade girls and boys are about the same 
but the more they stay in school the more girls fall behind in 
standardized tests but not in the grades they yield in school?
  We have got to solve those mysteries or we will leave our country in 
the lurch, because increasingly we depend upon the skills of these 
girls. Just ask the Armed Forces where they are drawing their most 
proficient members from. Girls make better grades in all the subjects 
but do not do as well on scientific tests. We have got to find out why 
if we want to get the most productivity out of our young people.
  Why are girls almost 40 percent behind boys in SAT scores? Are my 
colleagues satisfied with that? If they are, get rid of WEEA tonight. 
Vote against this bill. Are my colleagues satisfied with the digital 
gap? If they think this is a minority gap, I ask them to look more 
closely. The digital gap is a female gap more than it is a minority 
gap.
  Being a girl continues to put a person at a permanent disadvantage 
unless we do something to rescue her whether that girl is a so-called 
at-risk girl or whether that girl is a privileged girl. And yet, this 
is very different for boys. Because when a boy is a privileged boy or 
an at-risk boy makes a profound difference. We have got to understand 
why simply being a girl puts a person at a disadvantage.
  There will come a time, my colleagues, if we keep programs like WEEA 
going long enough to get the job done, when this Member will come to 
the floor and say, well done. My colleagues may ask me this evening how 
long? I will say not long, but I will also say very much not yet.
  Keep this program. America wants it. America needs it.
  Mr. PAYNE. Madam Chairman, I move to strike the requisite number of 
words.
  Madam Chairman, I rise in strong support of the gender equity act and 
the amendment offered by my colleagues, the gentlewoman from Hawaii 
(Mrs. Mink), the gentlewoman from California (Ms. Woolsey), the 
gentlewoman from California (Ms. Sanchez), and the gentlewoman from 
Maryland (Mrs. Morella), to restore the current gender equity 
provisions in education, specifically, the 25-year-old program to help 
combat gender bias in the classroom.
  I listened to my colleague from the other side who talked proudly of 
his daughter who did 1550 on the SATs and did not need any help from 
the gender equity program. That is great, and I think he should be very 
proud.
  But I do not think that every child has the privilege of having a 
father who happens to have been a hero, a pilot, a person who had the 
privilege of being in a very prestigious position. I do not think that 
everyone has the advantage of having a father who is a Member of the 
United States Congress. As we know, there are only 435 of us.
  It is totally illogical for people to go from the particular to the 
universal. The first thing I learned in basic logic is that we cannot 
say, because I did it or my daughter did it, everybody should do it. 
That is like saying, therefore, we should have 260 million presidents 
of the United States because a person makes it. This is totally 
illogical.
  So as we take this debate forward, let me just say that women are 
still being discriminated against. Women still are paid only 75 cents 
on the dollar, but that is a 25-percent increase from the way it was 20 
years ago when they only made 54 cents on the dollar. Women still, at 
age 65, will get less than 60 percent of what men will get from Social 
Security when they retire.
  We have heard from the National Advisory Council on Economic 
Opportunity at the present rate, 5 years from now the poor will be made 
up almost entirely of women and children. And we call this phenomena 
feminization of poverty.
  We look at the Congress, 10 percent are women. Even State 
legislatures are only 25 percent. So people say we do not need this 
gender equity. We need to keep it at the local level with schools. We 
must continue to fight for job equity, for pay equity, for credit 
equity, for insurance equity, for pension equity, for fringe benefit 
equity, for Social Security equity through legislation, through 
negotiations, through education and litigation even.
  We must continue to have women break through the glass ceiling of the 
executive suites and break loose from the sticky floors, the dead end, 
low-wage jobs that keep women in poverty.
  So when we hear people talk about there is no more need for this, I 
think we are going to set the clock back. I think we are moving 
ourselves in the wrong direction. As we move to the new millennium when 
we talk about the great opportunities in the future, we are taking away 
from women who have fought and struggled inch by inch to move 
themselves a little bit higher to then say we are going to push them 
back on the rough side of the mountain, they cannot continue to move 
forward in the manner in which they have been doing.
  So I commend the women who have put this resolution in, the 
gentlewoman from Hawaii (Mrs. Mink), the gentlewoman from California 
(Ms. Woolsey), the gentlewoman from California (Ms. Sanchez), and the 
gentlewoman from Maryland (Mrs. Morella) to say let us continue the 
gender equity provision, let us not turn back the clock. We have been 
here for 25 years

[[Page H10511]]

and it has been successful. Why take success and turn it around into 
failure? It makes no sense.
  Madam Chairman, I yield to the gentlewoman from New York (Mrs. 
Lowey).
  (Mrs. LOWEY asked and was given permission to revise and extend her 
remarks.)
  Mrs. LOWEY. Madam Chairman, I thank the gentleman for yielding.
  Madam Chairman, I rise in strong support of the Mink-Woolsey 
amendment, which would reauthorize the Women's Educational Act.
  Madam Chairman, I rise today in support of the Mink-Woolsey 
amendment, which would reauthorize the Women's Educational Equity Act 
and restore other critical gender equity provisions to the Elementary 
and Secondary Education Act.
  And I must say that I feel like I've gone back in time--during 
consideration of the FY 97 Labor-HHS-Education Appropriations bill on 
the House floor in 1996, nearly 300 of my colleagues voted for an 
amendment I authored to fund the Women's Educational Equity Act. My 
colleagues overwhelming agreed then that this was an important and 
worthwhile program. They should do the same now and vote for this 
amendment.
  No one can dispute that every child in America deserves the 
opportunity to learn and grow, and since the passage of Title IX 
twenty-five years ago, women face far fewer barriers in the classroom. 
But disparities remain in the educational opportunities available to 
young women. We continue to see female high school students fall behind 
their male counterparts in standardized math test scores. We also hear 
from the students themselves that a startling amount of gender bias--
some inadvertent--still pervades American classrooms, preventing young 
women from achieving at their highest potential and discouraging them 
from pursuing certain subjects.
  Treating girls and boys unequally in the classroom is a problem with 
disturbing implications for the young women who are losing out on 
opportunities and for our country's economic future.
  By the year 2010, 65% of all jobs will require technology skills. So, 
it's very important that we act to implement policies that respond to a 
wealth of research, which demonstrates that the earlier girls are 
introduced to careers in mathematics and sciences, the more likely they 
are to pursue careers in technology and related fields. Yet more than 
half of female students take no high school math beyond Algebra 2. Only 
20% of female students take the three core science courses--biology, 
chemistry and physics--in high school. Fewer than 20% report using a 
computer once a week. With the number of women in the work force 
increasing at twice the rate of men, how will our workforce be prepared 
for a global, fast-paced economy without the full participation of 
women?
  It is obvious that America's schools need assistance to ensure that 
both men and women are equipped to compete for good jobs with good 
wages. That's why it's baffling, and in my judgment unconscionable, 
that the Women's Educational Equity Act and other gender equity 
provisions were stripped from this bill in committee. WEEA, which was 
developed over twenty-five years ago to help schools meet their 
commitment to Title IX, provides grants to ensure that women's future 
choices and accomplishments are not dictated by their gender but freely 
determined based on their skills, interests, and dreams. These grants 
have been used to develop dropout prevention programs, to help schools 
understand and combat sexual harassment, and to bolster female 
performance in math and science.
  I think we can all agree the initiatives included in this amendment 
can meaningfully enhance the education of America's young women.
  The Women's Educational Equity Act remains as important today as it 
was in 1974 for ensuring that girls succeed at school. I strongly urge 
my colleagues to vote in favor of the Mink-Woolsey amendment.
  Mr. PAYNE. Madam Chairman, I yield to the gentlewoman from Texas (Ms. 
Eddie Bernice Johnson).
  (Ms. EDDIE BERNICE JOHNSON of Texas asked and was given permission to 
revise and extend her remarks.)
  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chairman, I rise in strong 
support of this amendment.
  Mr. PAYNE. Madam Chairman, I yield to the gentleman from California 
(Mr. George Miller).
  (Mr. GEORGE MILLER of California asked and was given permission to 
revise and extend his remarks.)
  Mr. GEORGE MILLER of California. Madam Chairman, I rise in strong 
support of the Mink-Woolsey-Sanchez-Morella amendment.
  Since 1974, the Women's Educational Equity Act (``We-Uh'') has 
provided resources to teachers, administrators, and parents to ensure 
equity in their schools and in their communities.
  The Act was created in response to widespread recognition that girls 
had specified educational needs and learning styles that were not being 
met.
  While was have made some progress in leveling the educational playing 
field for girls, we still have a long way to go.
  A study released last year by the American Association of University 
Women entitled ``Gender Gaps: Where Schools Still Fail Our Children'' 
shows that girls, when compared to boys, are at a significant 
disadvantage as technology is increasingly incorporated into the 
classroom.
  Girls tend to come to the classroom with less exposure to computers 
and other technology, and girls believe that they are less adept at 
using technology than boys.
  Even though 65 percent of jobs in the year 2000 will require 
technology skills, only 17 percent of students who take computer 
science Advanced Placement tests are girls. And, compared with boys, 
girls receive lower scores on the AP test.
  Last year, on the high-stakes college admissions test--the SAT--
female students scored 496 on the math section, compared to an average 
of 531 for male students.
  Similarly, on other standardized tests in the subject areas of math 
and science--such as the National Assessment of Educational Progress--
girls continue to score lower than boys.
  Let's make sure that we provide resources to teachers, 
administrators, and parents to meet the need of girls and women.
  Let's make sure that we target dropout prevention programs for at-
risk youth to pregnant and parenting teenagers.
  Let's make sure that we we provide training to teachers to encourage 
girls to pursue careers and higher education degrees in technology, 
mathematics, science, and engineering.
  Vote for the Mink/Woolsey/Sanchez/Morella amendment so that all 
students will be prepared to compete in the everchanging global economy 
of the 21st century.
  Mr. PAYNE. Madam Chairman, I yield to the gentlewoman from 
Connecticut (Ms. DeLauro).
  (Ms. DeLAURO asked and was given permission to revise and extend her 
remarks.)
  Ms. DeLAURO. Madam Chairman, I rise in support of this amendment to 
provide gender equity.
  Mr. GOODLING. Madam Chairman, I rise in opposition to the amendment.
  (Mr. GOODLING asked and was given permission to revise and extend his 
remarks.)
  Mr. GOODLING. Madam Chairman, I was thinking as I was sitting there, 
where is former Congresswoman Millison Fenwick when we need her? She 
used to get up here in the well and say, ``I don't even have a high 
school education, but I didn't need the Government to get me here in 
the Congress of the United States.''
  But that is not the issue. This is all a bad idea. The debate is a 
whole bad idea, because what it is doing is taking away from exactly 
what we are trying do in this bill.
  What we are trying to do in this bill is get poor youngsters and 
youngsters who are two grade levels below in achievement, we are trying 
to bring them up so they can be competitive. That is what this bill is 
all about. This bill is not about white children, black children, 
Hispanic children, boy children, girl children. This is about children 
who are disadvantaged academically. And we are trying our best to make 
sure that, as a matter of fact, they can compete with their peers 
academically. That is what it is all about.
  Now, when we think about this, first of all, the children we are 
talking about, these are children, as I indicated, the money comes 
based on poverty and then it includes those who are two grade levels 
below in achievement.
  Now, who is their first role model from the day they are born? 
Mother, grandmother. Who is their role model when they go into a 
preschool program? A woman. Who is their role model when they go into 
Headstart? Nine times out of ten it is a woman molding them all the 
time. And who is their role model when they get into elementary school? 
Ninety-nine times out of a hundred, it is a woman. And who is their 
elementary counselor? It is a woman.
  Then they get into middle school, and then maybe it starts to level 
out a little. Now maybe only 75 percent of their teachers and their 
role models are women. And their guidance counselors, maybe only 75 
percent now are

[[Page H10512]]

 women. The whole way down the line women, women, women are molding 
these young children whether they are male children or whether they are 
female children.
  So when someone says women have to be there right out of the box, 
that is exactly where they are, right out of the box.
  But again I go back to the point. We are trying in this legislation 
not to talk about women children, men children, black, Hispanic, white. 
We are trying to talk about children who are performing below grade 
level, who do not stand a chance in life to do well unless we can 
dramatically improve what they are getting.
  That is why we said we failed in this program, as well-meaning and as 
well-intentioned as it was, we failed; and now we are trying to right 
that so every child has an opportunity to be successful academically.
  The General Accounting Office found that only 17 percent of WEEA 
grants awards were received by State and local educational agencies, 
only 17 percent, and no evidence that other recipients of the funds are 
working with State or local educational agencies to address equity 
problems.
  The GAO noted that WEEA activities appear to be out of balance. 
Specifically, too many resources go for direct services to small 
numbers of persons and too few resources go to eliminate systemic 
inequities. And they found that WEEA discriminates against some 
children in favor of others.
  Now, going back again to the fact that this legislation is trying to 
make sure that all children have an equal opportunity for a quality 
education. We find also that by the time they reach middle school boys, 
boys I am talking about now, are now an average of two grade levels 
below girls.
  Minority boys have fallen farthest behind their peers academically 
and emotionally and are least likely to receive the attention and 
resources they need.
  So I hope we can once again focus what this legislation is all about. 
This legislation, again I repeat, is about trying to make sure, since 
we failed for 20-some years and $120 billion, we are now trying to make 
sure that every child who is eligible for Title I services has an 
opportunity to receive quality services, not baby-sitting, not anything 
else other than quality services, so that their academic achievement is 
dramatically increased.
  We failed these youngsters dramatically. We cannot afford to do it 
any longer. We need them not only for their own self-esteem, but if we 
are going to compete in the 21st century, we positively cannot lose 50 
percent of our children simply because they keep falling behind 
academically. If they fall behind in the first grade, we can be pretty 
sure they are a drop-out, maybe not physically, but they have dropped 
out.
  So let us refocus. Let us talk about what this bill is all about, 
which is to improve the academic achievement of all children who are in 
need.
  Ms. KILPATRICK. Madam Chairman, I rise in support of the amendment 
offered by Representatives Mink, Woolsey, Sanchez, and Morella to 
restore the provisions of the Women's Educational Equity Act under the 
Elementary and Secondary Education Act.
  I'm disappointed that the majority has turned away from the 
educational needs of girls and young women. Granted, women have made 
tremendous progress in formerly non-traditional fields where they are 
underrepresented such as sports and sciences, but let's not end this 
program with an unfinished agenda. We can point to the accomplishments 
of astronaut Sally Ride and soccer heroine Christie Chastain. But our 
schools must do more to mold girls and young women into captains of 
industry and technology.
  When we've only just begun, the majority wants to cut short the 
record of our successes. I disagree, and that's why I support the 
continuance of the Women's Educational Equity Act.
  This act is the only Federal program designed specifically to 
increase opportunities and resources for girls and young women--the 
only program, Madam Chairman. Now the majority wants to eliminate it.
  Federal programs must show positive results to justify their 
reauthorization, and I am delighted to remind my colleagues of the work 
that's been implemented under the act. WEEA, as the act is known, 
supports research and development activities to help schools implement 
long-term practices and policies to support gender equity. Grants 
awarded under the program encourage women and girls to participate in 
academic fields and careers in which they have been traditionally 
underrepresented. WEEA grants go to support model teacher training 
programs, gender-equitable curricula, and other gender-sensitive 
educational materials. The program also provides funds to help 
educational institutions meet their Title IX obligations, which 
prohibits educational institutions from offering programs that 
discriminate on the basis of gender.
  Funds authorized under WEEA go to operating a resource center that 
provides information to educators on gender-related issues such as 
gender equity awareness, sexual harassment, support for adolescent 
girls and instructional improvements in math, science, and technology.
  Currently, WEEA must use two-thirds of its total appropriation of 
three million dollars to support gender equity implementation programs. 
The resources are insufficient to meet increasing demands for gender-
equity technical assistance and the development of new model equity 
programs. With the demands for resource assistance authorized under 
WEEA increasing, it is native to suggest that the best days of this Act 
are ``behind us.''
  Women have made advances under WEEA. But we still have miles to go 
before we can say with certainty that women have attained the level of 
full and equal access to all educational and career opportunities.
  It is for the reasons that I urge my colleagues to continue the 
Women's Educational Equity Act and support this important amendment.
  Ms. ROYBAL-ALLARD. Madam Chairman, I rise in support of the Mink/
Woolsey/Sanchez/Morella amendment. This amendment restores the crucial 
gender equity provisions removed from the bill during committee 
consideration, most notably, the Women's Education Equity Act. Since 
1974, the Women's Education Equity Act helped school districts and 
teachers meet the goals of title IX which require fair and equitable 
opportunities for girls in our schools.
  This amendment helps to achieve these goals by providing--grants for 
the development of materials and model programs that ensure gender 
equity in education; information on methods and techniques teachers can 
use to promote gender equity; and it provides dropout prevention 
programs targeted to pregnant and parenting teen girls.
  These are just some of the provisions in the Women's Education Equity 
Act that have contributed greatly to the progress we have made in 
ensuring that girls in this country have the same educational 
opportunities as our boys. The sad reality is, however, that although 
we have made progress, a gender gap still exists in America's schools, 
particularly in the areas of science and technology.
  For example--only 17 percent of students taking the computer science 
advanced placement exam are girls and women continue to be sorely 
underrepresented in both undergraduate and graduate programs in 
engineering, math, the physical sciences, and computer science.
  Hispanic and African-American girls fare even worse with respect to 
technology education. In fact, only 127 Hispanic girls nationwide took 
the computer science advanced placement exam in 1998.
  These facts are strong evidence that we still have not reached many 
of our young girls who would excel in these and other areas. This is 
particularly alarming because, as we move into the new millennium, all 
our children must be prepared to compete in the even-growing, highly 
technological world economy. Equally important is addressing the crisis 
that can prevent many of our young girls from reaching their full 
potential: the near epidemic rate of teenage pregnancy in our country. 
The reality is that, teen mothers are more likely to drop-out of school 
and never go on to college than girls who delay pregnancy and 
motherhood. With the Women's Educational Equity Act we can continue to 
help address many of the barriers facing our girls today because this 
act will give our schools the help they need to give girls the 
confidence and direction necessary to pursue and excel in math, 
science, and technology. And it will help schools provide guidance and 
encouragement to pregnant and parenting teens through targeted dropout 
prevention programs.
  If our country is to remain the leader in the next century, we must 
ensure that all our children, regardless of their race, sex, or 
socioeconomic background, have access to the highest-quality education. 
I urge all my colleagues to vote for this critical amendment.
  Mrs. CHRISTENSEN. Madam Chairman, title I is an important provision 
which has provided the resources to our schools. Its original intent 
was to target the most resources to those schools with the greatest 
need, and to provide equity to all segments of our Nation. It must 
remain that way.
  Madam Chairman, I also rise today in support of the Mink/Woolsey/
Sanchez/Morella amendment to H.R. 2, the Students Results Act. The 
amendment would restore current

[[Page H10513]]

gender equity provisions to H.R. 2 in order to ensure that our young 
women succeed not only in school, but also in life.
  The intent of this amendment is not to target a specific group, but 
rather, it is intended to continue into the millennium what the Women's 
Educational Equity Act has done for the past 25 years: provide teaching 
materials, projects and programs to schools to eliminate gender bias. 
Studies show that girls face an alarming new gender gap in technology 
as we approach the new millennium. Girls tend to come to the classroom 
with less exposure to computers. Experts predict that 65 percent of all 
jobs in the year 2000 will require technology skills, and only 17 
percent of advanced placement test takers in computer science are 
girls.
  Madam Chairman, I stand here before you today because I am a product 
of the Women's Educational Equity Act and so are all of my female 
colleagues. This act provides resources to empower our daughters, 
granddaughters, sisters and all young women to realize their dreams and 
become Congresswomen, physicians, lawyers, mechanics, and in sum, 
overcome gender barriers.
  Madam Chairman, instead of eliminating the Women's Educational Equity 
Act, Congress should consider ways to improve and expand the program.
  Madam Chairman, education is the foundation of our society. Our 
success is measured and determined by how well we educate all--not 
some--but all of our people, including women, people of color, the 
poor, and those for whom English is not their first language. We would 
be doing a grave disservice to this Nation to pass a weak 
reauthorization with such glaring deficiencies. I ask that the 
provisions for bilingual education be included, that the Women's 
Educational Equity Act be reauthorized, and that the Payne amendment be 
passed. The next century awaits us. We must move forward not backward, 
and we must do so together. Make H.R. 2, the Student Results Act whole. 
I ask for your support for these amendments.
  Overall, the reauthorization of title I, is a good bipartisan effort, 
that addresses many of the important problems in the Nation's 
educational system, but I must call your attention to a very grave 
deficiency, which I feel strikes at the very heart of the title. Madam 
Chairman, I am speaking of the lowering of the poverty threshold that 
determines eligibility for schoolwide programs, and the failure to 
reauthorize the Women's Educational Equity Act. I also want to 
associate myself with the remarks of my colleague from Texas, Mr. 
Rodriguez, with regard to this bill as well. In the case of the 
lowering of the poverty threshold, Madam Chairman, this measure is 
nothing more than a veiled attempt to undermine the public school 
system in some of our poorer neighborhoods, by draining funds that they 
would not otherwise have, and allowing them to go to schools in systems 
that are better off. Surely all of our children need our support for 
education, but some need more funding than others, and it is our 
responsibility to see that they get it.
  Madam Chairman, we need to be working harder at fostering equity in 
our Nation's school system, not creating a greater divide. Lowering the 
threshold will increase the gap between schools' ability to educate the 
students who do well and those who do not.
  Personally, I think the threshold should be higher, but certainly to 
reduce it below 50 percent is unacceptable. My colleagues, I ask your 
support for the Payne amendment. Our goal must be to leave no child 
behind.
  Mr. WU. Madam Chairman, I move to strike the last word. I rise today 
in support of the Mink/Woolsey/Sanchez/Morella amendment to restore 
important gender equity provisions in the Elementary and Secondary 
Education Act.
  When Congress last reauthorized the act, measures were put into place 
to ensure that girls were getting equal education. These programs have 
only to show the positive results. Now, faced with the opportunity to 
continue the valuable work of gender equity programs, Congress is 
proposing that we turn our backs on them. I am pleased that this 
amendment allows teacher training to encourage girls to pursue careers 
and higher education degrees in technology, math, science, and 
engineering. According to Department of Labor statistics, nearly 75 
percent of tomorrow's jobs will require use of computers; fewer than 33 
percent of participants in computer courses and related activities are 
girls. Gender equity programs can increase the 33 percent by getting 
girls interested in math and science.
  In Oregon, we've seen first-hand the positive work that gender equity 
programs provide. AWSEM (Advocates for Women in Science, Engineering 
and Mathematics) is a program that was started in Portland, OR to 
stimulate girls' interest in science and math during middle and high 
school years. Girls meet in after-school AWSEM clubs with their peers 
with similar interests. They meet regularly with college-age women 
studying science or math related-disciplines, and get to work with 
experienced women professionals from aeronautic engineers to 
zoologists. The program is successful. AWSEM groups are rapidly 
spreading throughout the country, and we should encourage their growth.
  We need to do more to ensure that other girls will be able to benefit 
and achieve under similar gender equity programs. I strongly urge 
members to support this amendment.
  Ms. McKINNEY. Madam Chairman, why are we having this debate today?
  Because in one sleight-of-hand, backroom maneuver, the Republican 
leadership has succeeded in turning back the clock 30 years on 
educational progress for girls and young women. We need the Mink 
amendment to protect our young girls and women who are helped by 
educational equity.
  By dropping the Women's Educational Equity Act from the bill, the 
Republican leadership demonstrated that even without their guru, Newt 
Gingrich, they are still as meanspirited as ever.
  We have a need for these programs that help level the playing field 
between boys and girls. For instance, girls are not learning the 
technology skills they need to compete in the new information 
revolution; a very small percentage of girls take computer science 
courses even though 65 percent of the jobs in the next millennium will 
require technology skills. Studies show that poor self-esteem as a 
result of unequal treatment is a factor in this persistent educational 
gender gap. Sometimes, without realizing it, teachers and 
administrators carry society's biases against girls into our schools 
and classrooms. This becomes yet another factor which discourages girls 
from achieving. Gender equity training, resources and materials are 
needed to counter stereotypes and to assure that girls and young women 
are given equal educational opportunities.
  We all were so proud as we watched the USA Team in the Women's World 
Cup games. Even the Republican leadership scrambled to congratulate 
those young women. However, we want our women to score goals on and off 
the field. By supporting the Mink/Woolsey/Sanchez/Morella amendment, we 
can assure that this little piece of Republican misogyny is put into 
the trash heap where it belongs.
  The CHAIRMAN pro tempore (Mrs. Biggert). The question is on the 
amendment offered by the gentlewoman from Hawaii (Mrs. Mink).
  The question was taken; and the Chairman pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. GOODLING. Madam Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 311, 
noes 111, not voting 11, as follows:

                             [Roll No. 519]

                               AYES--311

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Andrews
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett (WI)
     Bartlett
     Bass
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Blumenauer
     Boehlert
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Bryant
     Capps
     Capuano
     Cardin
     Carson
     Castle
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Cook
     Cooksey
     Costello
     Cox
     Coyne
     Cramer
     Crowley
     Cummings
     Danner
     Davis (FL)
     Davis (IL)
     Davis (VA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Dreier
     Duncan
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Ewing
     Farr
     Fattah
     Filner
     Fletcher
     Foley
     Forbes
     Ford
     Fowler
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gallegly
     Gejdenson
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Gordon
     Granger
     Green (TX)
     Green (WI)
     Greenwood
     Hall (OH)
     Hall (TX)
     Hastings (FL)
     Hayworth
     Hill (IN)
     Hill (MT)
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Holden
     Holt
     Hooley
     Horn
     Houghton
     Hoyer
     Hulshof
     Hutchinson
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     John
     Johnson (CT)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Klink
     Kucinich
     Kuykendall
     LaFalce
     LaHood
     Lampson
     Lantos
     Larson
     LaTourette
     Lazio
     Leach
     Lee
     Levin
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCollum
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez

[[Page H10514]]


     Mica
     Millender-McDonald
     Miller, Gary
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Ney
     Northup
     Oberstar
     Obey
     Olver
     Ortiz
     Ose
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Phelps
     Pickering
     Pickett
     Pomeroy
     Porter
     Price (NC)
     Pryce (OH)
     Quinn
     Rahall
     Ramstad
     Rangel
     Regula
     Reyes
     Reynolds
     Rivers
     Rodriguez
     Roemer
     Ros-Lehtinen
     Rothman
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Schakowsky
     Scott
     Sensenbrenner
     Serrano
     Sessions
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shows
     Simpson
     Sisisky
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (WA)
     Snyder
     Spence
     Spratt
     Stabenow
     Stark
     Stenholm
     Strickland
     Stupak
     Sweeney
     Tanner
     Tauscher
     Taylor (MS)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Vento
     Visclosky
     Walden
     Walsh
     Wamp
     Waters
     Watkins
     Watt (NC)
     Watts (OK)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Weygand
     Whitfield
     Wilson
     Wise
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                               NOES--111

     Archer
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     Barrett (NE)
     Barton
     Bateman
     Bliley
     Boehner
     Bonilla
     Brady (TX)
     Burr
     Burton
     Buyer
     Callahan
     Campbell
     Canady
     Cannon
     Chabot
     Chambliss
     Chenoweth-Hage
     Coble
     Coburn
     Collins
     Combest
     Crane
     Cubin
     Cunningham
     Deal
     DeLay
     DeMint
     Doolittle
     Dunn
     Everett
     Fossella
     Ganske
     Gekas
     Goode
     Goodlatte
     Goodling
     Goss
     Graham
     Gutknecht
     Hansen
     Hastings (WA)
     Hayes
     Hefley
     Herger
     Hoekstra
     Hostettler
     Hunter
     Hyde
     Isakson
     Istook
     Johnson, Sam
     Jones (NC)
     Kasich
     King (NY)
     Kingston
     Knollenberg
     Kolbe
     Largent
     Latham
     Lewis (CA)
     Lewis (KY)
     Linder
     Manzullo
     McCrery
     McKeon
     Metcalf
     Miller (FL)
     Nethercutt
     Norwood
     Nussle
     Oxley
     Packard
     Paul
     Peterson (PA)
     Petri
     Pitts
     Pombo
     Portman
     Radanovich
     Riley
     Rogan
     Rogers
     Rohrabacher
     Roukema
     Ryun (KS)
     Salmon
     Sanford
     Schaffer
     Shadegg
     Skeen
     Smith (TX)
     Souder
     Stearns
     Stump
     Sununu
     Talent
     Tancredo
     Tauzin
     Taylor (NC)
     Thornberry
     Thune
     Tiahrt
     Toomey
     Vitter
     Wicker

                             NOT VOTING--11

     Blunt
     Calvert
     Camp
     Gutierrez
     Jefferson
     Lewis (GA)
     Lipinski
     McCarthy (NY)
     McIntosh
     Scarborough
     Shuster

                              {time}  1921

  Mr. KASICH and Mr. LEWIS of California changed their vote from 
``aye'' to ``no.''
  Mr. HULSHOF, Mr. YOUNG of Florida, Mrs. FOWLER, and Messrs. GIBBONS, 
McCOLLUM, TERRY, WELDON of Florida, ADERHOLT, Mrs. NORTHUP, and Mr. 
HALL of Texas changed their vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Mr. GOODLING. Madam Chairman, I move that the committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Isakson) having assumed the chair, Mrs. Emerson, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 2) to 
send more dollars to the classroom and for certain other purposes, had 
come to no resolution thereon.

                          ____________________