[Congressional Record Volume 146, Number 51 (Monday, May 1, 2000)]
[Senate]
[Pages S3051-S3178]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EDUCATIONAL OPPORTUNITIES ACT
The PRESIDING OFFICER. The clerk will report S. 2.
The legislative clerk read as follows:
A bill (S. 2) to extend programs and activities under the
Elementary and Secondary Education Act of 1965.
The Senate proceeded to consider the bill which had been reported
from the Committee on Health, Education, Labor, and Pensions, with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Educational Opportunities Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Short title; purpose; definitions.
TITLE I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
Sec. 101. Policy and purpose.
Sec. 102. Authorization of appropriations.
Sec. 103. Reservation and allocation for school improvement.
Part A--Basic Programs
Sec. 111. State plans.
Sec. 112. Local educational agency plans.
Sec. 113. Eligible school attendance areas.
Sec. 114. Schoolwide programs.
Sec. 115. Targeted assistance schools.
Sec. 116. Pupil safety and family school choice.
Sec. 117. Assessment and local educational agency and school
improvement.
Sec. 118. Assistance for school support and improvement.
Sec. 119. Parental involvement.
Sec. 120. Professional development.
Sec. 120A. Participation of children enrolled in private schools.
Sec. 120B. Early childhood education.
Sec. 120C. Allocations.
Sec. 120D. Establishment of the child centered program.
Part B--Even Start Family Literacy Programs
Sec. 121. Even start family literacy programs.
Part C--Education of Migratory Children
Sec. 131. Program purpose.
Sec. 132. State application.
Sec. 133. Comprehensive plan.
Sec. 134. Coordination.
Part D--Parental Assistance
Sec. 141. Parental assistance.
Part E--General Provisions; Comprehensive School Reform; Assistance to
Address School Dropout Problems
Sec. 151. General provisions; comprehensive school reform; assistance
to address school dropout problems.
TITLE II--PROFESSIONAL DEVELOPMENT FOR TEACHERS
Sec. 201. Teacher quality.
Sec. 202. Leadership education and development program.
Sec. 203. Reading excellence.
Sec. 204. National Writing Project.
Sec. 205. General provisions.
Sec. 206. New century program and digital education content
collaborative.
Sec. 207. Conforming amendments.
TITLE III--ENRICHMENT INITIATIVES
Sec. 301. Enrichment initiatives.
Sec. 302. Dissemination of advanced placement information.
Sec. 303. Technical and conforming amendments.
TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
Sec. 401. Amendment to the Elementary and Secondary Education Act of
1965.
Sec. 402. Gun-free requirements.
Sec. 403. School safety and violence prevention.
Sec. 404. Background checks.
Sec. 405. Constitutionality of memorial services and memorials at
public schools.
Sec. 406. Environmental tobacco smoke.
TITLE V--EDUCATIONAL OPPORTUNITY INITIATIVES
Sec. 501. Educational opportunity initiatives.
Part A--Technology Education
Sec. 511. Technology education.
Part B--Women's Educational Equity; Star Schools
Sec. 521. Women's educational equity.
Sec. 522. Star schools.
Part C--Magnet Schools Assistance
Sec. 531. Magnet schools assistance.
Part D--Public Charter Schools
Sec. 541. Public charter schools.
Part E--Civic Education; FIE; Ellender Fellowships; Ready-to-Learn
Television; Inexpensive Book Distribution
Sec. 551. Civic education; FIE; Ellender fellowships; ready-to-learn
television; inexpensive book distribution.
Part F--Technical and Conforming Amendments
Sec. 561. Technical and conforming amendments.
TITLE VI--INNOVATIVE EDUCATION
Sec. 601. Innovative education.
Sec. 602. Technical and conforming amendment.
TITLE VII--BILINGUAL EDUCATION
Sec. 701. Purpose.
Sec. 702. Authorization of appropriations.
Sec. 703. Repeal of program development and implementation grants.
Sec. 704. Program enhancement projects.
Sec. 705. Comprehensive school and systemwide improvement grants.
Sec. 706. Repeal of systemwide improvement grants.
Sec. 707. Applications.
Sec. 708. Repeal of intensified instruction.
Sec. 709. Repeal of subgrants, priority, and coordination provisions.
Sec. 710. Evaluations.
Sec. 711. Research.
Sec. 712. Academic excellence awards.
Sec. 713. State grant program.
Sec. 714. National Clearinghouse.
Sec. 715. Instructional materials development.
Sec. 716. Training for all teachers program.
Sec. 717. Graduate fellowships.
Sec. 718. Repeal of program requirements.
Sec. 719. Program evaluations.
Sec. 720. Special rule.
Sec. 721. Repeal of finding relating to foreign language assistance.
Sec. 722. Foreign language assistance applications.
Sec. 723. Emergency immigrant education purpose.
Sec. 724. Emergency immigrant education State administrative costs.
Sec. 725. Conforming amendments.
Sec. 726. Emergency immigrant education authorization of
appropriations.
Sec. 727. Coordination and reporting requirements.
TITLE VIII--IMPACT AID
Sec. 801. Short title.
Sec. 802. Purpose.
Sec. 803. Payments relating to Federal acquisition of real property.
Sec. 804. Payments for eligible federally connected children.
Sec. 805. Sudden and substantial increases in attendance of military
dependents.
Sec. 806. School construction and facility modernization.
Sec. 807. State consideration of payments in providing State aid.
Sec. 808. Federal administration.
Sec. 809. Administrative hearings and judicial review.
Sec. 810. Forgiveness of overpayments.
Sec. 811. Applicability.
Sec. 812. Definitions.
Sec. 813. Authorization of appropriations.
Sec. 814. Technical and conforming amendment.
TITLE IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Sec. 901. Programs.
Sec. 902. Conforming amendments.
TITLE X--GENERAL PROVISIONS
Sec. 10001. Uniform provisions.
Sec. 10002. Evaluations.
Sec. 10003. America's Education Goals.
Sec. 10004. America's Education Goals Panel.
Sec. 10005. Comprehensive regional assistance centers.
Sec. 10006. Repeals.
Sec. 10007. Technical and conforming amendments.
TITLE XI--AMENDMENTS TO OTHER LAWS
Part A--Repeals
Sec. 11101. Goals 2000: Educate America Act.
Sec. 11102. Higher Education Amendments of 1998.
Sec. 11103. Conforming amendments.
Part B--Education for Homeless Children and Youth
Sec. 11201. Statement of policy.
Sec. 11202. Grants for State and local activities.
Sec. 11203. Local educational agency grants.
Sec. 11204. Secretarial responsibilities.
Sec. 11205. Definitions.
Sec. 11206. Authorization of appropriations.
Sec. 11207. Conforming amendments.
Part C--Albert Einstein Distinguished Educators
Sec. 11301. Albert Einstein Distinguished Educator Act of 1994.
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 section or other provision, the
reference shall be considered to be made to a section or
other provision of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.).
SEC. 3. SHORT TITLE; PURPOSE; DEFINITIONS.
The Act (20 U.S.C. 6301 et seq.) is amended--
(1) in the heading for section 1, by striking ``TABLE OF
CONTENTS'' and inserting ``SHORT TITLE''; and
(2) by adding after section 1 the following:
``SEC. 2. PURPOSE.
``It is the purpose of this Act to support programs and
activities that will improve the Nation's schools and enable
all children to achieve high standards.
``SEC. 3. DEFINITIONS.
``Except as otherwise provided, in this Act:
``(1) Average daily attendance.--
``(A) In general.--Except as provided otherwise by State
law or this paragraph, the term `average daily attendance'
means--
[[Page S3052]]
``(i) the aggregate number of days of attendance of all
students during a school year; divided by
``(ii) the number of days school is in session during such
school year.
``(B) Conversion.--The Secretary shall permit the
conversion of average daily membership (or other similar
data) to average daily attendance for local educational
agencies in States that provide State aid to local
educational agencies on the basis of average daily membership
or such other data.
``(C) Special rule.--If the local educational agency in
which a child resides makes a tuition or other payment for
the free public education of the child in a school located in
another school district, the Secretary shall, for purposes of
this Act--
``(i) consider the child to be in attendance at a school of
the agency making such payment; and
``(ii) not consider the child to be in attendance at a
school of the agency receiving such payment.
``(D) Children with disabilities.--If a local educational
agency makes a tuition payment to a private school or to a
public school of another local educational agency for a child
with a disability, as defined in section 602 of the
Individuals with Disabilities Education Act, the Secretary
shall, for the purposes of this Act, consider such child to
be in attendance at a school of the agency making such
payment.
``(2) Average per-pupil expenditure.--The term `average
per-pupil expenditure' means, in the case of a State or of
the United States--
``(A) without regard to the source of funds--
``(i) the aggregate current expenditures, during the third
fiscal year preceding the fiscal year for which the
determination is made (or, if satisfactory data for that year
are not available, during the most recent preceding fiscal
year for which satisfactory data are available) of all local
educational agencies in the State or, in the case of the
United States for all States (which, for the purpose of this
paragraph, means the 50 States and the District of Columbia);
plus
``(ii) any direct current expenditures by the State for the
operation of such agencies; divided by
``(B) the aggregate number of children in average daily
attendance to whom such agencies provided free public
education during such preceding year.
``(3) Child.--The term `child' means any person within the
age limits for which the State provides free public
education.
``(4) Community-based organization.--The term `community-
based organization' means a public or private nonprofit
organization of demonstrated effectiveness that--
``(A) is representative of a community or significant
segments of a community; and
``(B) provides educational or related services to
individuals in the community.
``(5) Consolidated local application.--The term
`consolidated local application' means an application
submitted by a local educational agency pursuant to section
6505.
``(6) Consolidated local plan.--The term `consolidated
local plan' means a plan submitted by a local educational
agency pursuant to section 6505.
``(7) Consolidated state application.--The term
`consolidated State application' means an application
submitted by a State educational agency pursuant to section
6502.
``(8) Consolidated state plan.--The term `consolidated
State plan' means a plan submitted by a State educational
agency pursuant to section 14302.
``(9) County.--The term `county' means one of the divisions
of a State used by the Secretary of Commerce in compiling and
reporting data regarding counties.
``(10) Covered program.--The term `covered program' means
each of the programs authorized by--
``(A) part A of title I;
``(B) part C of title I;
``(C) title II (other than section 2103 and part D);
``(D) subpart 2 of part A of title V;
``(E) part A of title IV (other than section 4114); and
``(F) title VI.
``(11) The term `current expenditures' means expenditures
for free public education--
``(A) including expenditures for administration,
instruction, attendance and health services, pupil
transportation services, operation and maintenance of plant,
fixed charges, and net expenditures to cover deficits for
food services and student body activities; but
``(B) not including expenditures for community services,
capital outlay, and debt service, or any expenditures made
from funds received under title I and title VI.
``(12) Department.--The term `Department' means the
Department of Education.
``(13) Educational service agency.--The term `educational
service agency' means a regional public multiservice agency
authorized by State statute to develop, manage, and provide
services or programs to local educational agencies.
``(14) Elementary school.--The term `elementary school'
means a nonprofit institutional day or residential school,
including a public elementary charter school, that provides
elementary education, as determined under State law.
``(15) Free public education.--The term `free public
education' means education that is provided--
``(A) at public expense, under public supervision and
direction, and without tuition charge; and
``(B) as elementary school or secondary school education as
determined under applicable State law, except that such term
does not include any education provided beyond grade 12.
``(16) Gifted and talented.--The term `gifted and
talented', when used with respect to students, children or
youth, means students, children or youth who give evidence of
high performance capability in areas such as intellectual,
creative, artistic, or leadership capacity, or in specific
academic fields, and who require services or activities not
ordinarily provided by the school in order to fully develop
such capabilities.
``(17) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965.
``(18) Local educational agency.--
``(A) In general.--The term `local educational agency'
means a public board of education or other public authority
legally constituted within a State for either administrative
control or direction of, or to perform a service function
for, public elementary schools or secondary schools in a
city, county, township, school district, or other political
subdivision of a State, or for such combination of school
districts or counties as are recognized in a State as an
administrative agency for the State's public elementary or
secondary schools.
``(B) Administrative control and direction.--The term
includes any other public institution or agency having
administrative control and direction of a public elementary
or secondary school.
``(C) BIA schools.--The term includes an elementary school
or secondary school funded by the Bureau of Indian Affairs
but only to the extent that such inclusion makes such school
eligible for programs for which specific eligibility is not
provided to such school in another provision of law and such
school does not have a student population that is smaller
than the student population of the local educational agency
receiving assistance under this Act with the smallest student
population, except that such school shall not be subject to
the jurisdiction of any State educational agency other than
the Bureau of Indian Affairs.
``(19) Mentoring.--The term `mentoring' means a program in
which an adult works with a child or youth on a 1-to-1 basis,
establishing a supportive relationship, providing academic
assistance, and introducing the child or youth to new
experiences that enhance the child or youth's ability to
excel in school and become a responsible citizen.
``(20) Other staff.--The term `other staff' means pupil
services personnel, librarians, career guidance and
counseling personnel, education aides, and other
instructional and administrative personnel.
``(21) Outlying area.--The term `outlying area' means the
United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and for the
purpose of section 1121 and any other discretionary grant
program under this Act, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of
Palau.
``(22) Parent.--The term `parent' includes a legal guardian
or other person standing in loco parentis.
``(23) Parental involvement.--The term `parental
involvement' means the participation of parents on all levels
of a school's operation, including all of the activities
described in section 1118.
``(24) Public telecommunications entity.--The term `public
telecommunication entity' has the same meaning given to such
term in section 397 of the Communications Act of 1934.
``(25) Pupil services personnel; pupil services.--
``(A) Pupil services personnel.--The term `pupil services
personnel' means school counselors, school social workers,
school psychologists, and other qualified professional
personnel involved in providing assessment, diagnosis,
counseling, educational, therapeutic, and other necessary
services (including related services as such term is defined
in section 602 of the Individuals with Disabilities Education
Act) as part of a comprehensive program to meet student
needs.
``(B) Pupil services.--The term `pupil services' means the
services provided by pupil services personnel.
``(26) Research-based.--The term `research-based' used with
respect to an activity or a program, means an activity based
on specific strategies and implementation of such strategies
that, based on theory, research and evaluation, are effective
in improving student achievement and performance and other
program objectives.
``(27) Secondary school.--The term `secondary school' means
a nonprofit institutional day or residential school,
including a public secondary charter school, that provides
secondary education, as determined under State law, except
that such term does not include any education beyond grade
12.
``(28) Secretary.--The term `Secretary' means the Secretary
of Education.
``(29) State.--The term `State' means each of the 50
States, the District of Columbia, the Commonwealth of Puerto
Rico, and each of the outlying areas.
``(30) State educational agency.--The term `State
educational agency' means the agency primarily responsible
for the State supervision of public elementary schools and
secondary schools.
``(31) Technology.--The term `technology' means the latest
state-of-the-art technology products and services, such as
closed circuit television systems, educational television or
radio programs and services, cable television, satellite,
copper fiber optic transmission, computer hardware and
software, video and audio laser and CD-ROM disks, video and
audio tapes, including interactive forms of such products and
services, or other technologies.''.
TITLE I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
SEC. 101. POLICY AND PURPOSE.
Section 1001 (20 U.S.C. 6301) is amended to read as
follows:
[[Page S3053]]
``SEC. 1001. STATEMENT OF PURPOSE.
``The purpose of this title is to enable schools to provide
opportunities for children served under this title to acquire
the knowledge and skills contained in the challenging State
content standards and to meet the challenging State student
performance standards developed for all children. This
purpose should be accomplished by--
``(1) ensuring high standards for all children and aligning
the efforts of States, local educational agencies, and
schools to help children served under this title to reach
such standards;
``(2) providing children an enriched and accelerated
educational program, including the use of schoolwide programs
or additional services that increase the amount and quality
of instructional time so that children served under this
title receive at least the classroom instruction that other
children receive;
``(3) promoting schoolwide reform and ensuring access of
children (from the earliest grades, including
prekindergarten) to effective instructional strategies and
challenging academic content that includes intensive complex
thinking and problem-solving experiences;
``(4) significantly elevating the quality of instruction by
providing staff in participating schools with substantial
opportunities for professional development;
``(5) coordinating services under all parts of this title
with each other, with other educational services, and to the
extent feasible, with other agencies providing services to
youth, children, and families that are funded from other
sources;
``(6) affording parents substantial and meaningful
opportunities to participate in the education of their
children at home and at school;
``(7) distributing resources in amounts sufficient to make
a difference to local educational agencies and schools where
needs are greatest;
``(8) improving and strengthening accountability, teaching,
and learning by using State assessment systems designed to
measure how well children served under this title are
achieving challenging State student performance standards
expected of all children; and
``(9) providing greater decisionmaking authority and
flexibility to schools and teachers in exchange for greater
responsibility for student performance.''.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
Section 1002 (20 U.S.C. 6302) is amended--
(1) in subsection (a), by striking ``$7,400,000,000 for
fiscal year 1995'' and inserting ``$15,000,000,000 for fiscal
year 2001'';
(2) in subsection (b), by striking ``$118,000,000 for
fiscal year 1995'' and inserting ``$500,000,000 for fiscal
year 2001'';
(3) in subsection (c), by striking ``$310,000,000 for
fiscal year 1995'' and inserting ``$400,000,000 for fiscal
year 2001'';
(4) by amending subsection (d) to read as follows:
``(d) Parental Assistance.--For the purpose of carrying out
part D, there are authorized to be appropriated $50,000,000
for fiscal year 2001 and such sums as may be necessary for
each of the 4 succeeding fiscal years.'';
(5) by amending subsection (e) 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 2001, $15,000,000 for fiscal year
2002, and $5,000,000 for fiscal year 2003.'';
(6) in subsection (f), by striking ``1996 and each of the
three'' and inserting ``2001 and each of the four'';
(7) by amending subsection (g) to read as follows:
``(g) Federal Activities.--
``(1) Section 1501.--For the purpose of carrying out
section 1501, there are authorized to be appropriated
$10,000,000 for fiscal year 2001 and such sums as may be
necessary for each of the four succeeding fiscal years.
``(2) Section 1502.--For the purpose of carrying out
section 1502 there are authorized to be appropriated
$25,000,000 for fiscal year 2001 and such sums as may be
necessary for each of the four succeeding fiscal years.'';
and
(8) by adding at the end the following:
``(h) Comprehensive School Reform.--For the purpose of
carrying out part F, there are authorized to be appropriated
$200,000,000 for fiscal year 2001 and such sums as may be
necessary for each of the four succeeding fiscal years.''.
SEC. 103. RESERVATION AND ALLOCATION FOR SCHOOL IMPROVEMENT.
Section 1003 (20 U.S.C. 6303) is amended to read as
follows:
``SEC. 1003. RESERVATIONS AND ALLOCATIONS FOR SCHOOL
IMPROVEMENT.
``(a) Secretary's Reservation and Allocation for School
Improvement From Amounts in Excess of $8,076,000,000.--
``(1) Reservation.--The Secretary shall reserve 50 percent
of the amount appropriated to carry out part A for fiscal
year 2001 and each of the 4 succeeding fiscal years that is
in excess of $8,076,000,000 to make allotments to States
under paragraph (2).
``(2) Additional state allotments for assessment
development, school improvement, and academic achievement
awards.--
``(A) Allotments.--The Secretary shall allot to each State
for a fiscal year an amount that bears the same relation to
the amount reserved under paragraph (1) for the fiscal year
as the amount all local educational agencies in the State
received under section 1124 for the fiscal year bears to the
amount all local educational agencies in all States received
under section 1124 for the fiscal year, except that no State
shall receive less than 0.5 percent of the amount reserved
under paragraph (1) for the fiscal year.
``(B) Use of funds.--Funds allotted under subparagraph (A)
shall be used by a State to carry out section 1111(b)(3),
subsections (c) and (d) of section 1116, and section 1117.
``(C) Public notice and comment.--Each State using funds
allotted under this subsection shall--
``(i) provide the public with adequate and efficient notice
of the proposed uses of the funds;
``(ii) provide the opportunity for parents, educators, and
all other interested members of the community to comment
regarding the proposed uses of funds; and
``(iii) provide the opportunity described in clause (ii) in
accordance with any applicable State law specifying how the
comments may be received, and how the comments may be
reviewed by any member of the public.
``(D) Definition.--For purposes of this subsection, the
term `State' means each of the several States of the United
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``(b) State Reservation and Allocation for School
Improvement.--
``(1) Payment for school improvement.--
``(A) In general.--Except as provided in paragraph (3), for
fiscal year 2001 and each succeeding fiscal year each State
may reserve for the proper and efficient performance of its
duties under subsections (c) and (d) of section 1116, and
section 1117, one-half of 1 percent of the funds made
available to the State under--
``(i) part A, except that such reserved amount shall not
exceed one-half of 1 percent of the funds made available to
the State under part A for fiscal year 2000; and
``(ii) part C of this title, and part B of title III, for
the fiscal year for which the reservation is made.
``(B) Minimum.--The total amount that may be reserved by
each State, other than the outlying areas, under this
subsection for any fiscal year, when added to amounts
appropriated for such fiscal year under section 1002(f) that
are allocated to the State under paragraph (2), if any, may
not be less than $200,000. The total amount that may be
reserved by each outlying area under this subsection for any
fiscal year, when added to amounts appropriated for such
fiscal year under section 1002(f) that are allocated under
paragraph (2) to the outlying area, if any, may not be less
than $25,000.
``(C) Special rule.--If the amount reserved under
subparagraph (A) when added to the amount made available
under section 1002(f) for a State is less than $200,000 for
any fiscal year, then such State may reserve such additional
funds under parts A and C of this title, and part C of title
III, as are necessary to make $200,000 available to such
State.
``(2) Additional State Allocations for School
Improvement.--From the amount appropriated under section
1002(f) for any fiscal year, each State shall be eligible to
receive an amount that bears the same ratio to the amount
appropriated as the amount allocated to the State under part
A (other than section 1120(e)) bears to the total amount
allocated to all States under part A (other than section
1120(e)).''.
PART A--BASIC PROGRAMS
SEC. 111. STATE PLANS.
Section 1111 (20 U.S.C. 6311) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``the Goals 2000: Educate America Act,''
and inserting ``the Individuals with Disabilities Education
Act, the Carl D. Perkins Vocational and Technical Education
Act of 1998, the Head Start Act,''; and
(ii) by striking ``14306'' and inserting ``6506''; and
(B) in paragraph (2), by striking ``14302'' and inserting
``6502'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by amending subparagraph (B) to read as follows:
``(B) The standards described in subparagraph (A) shall be
the same standards that the State applies to all schools and
children in the State.''; and
(ii) by amending subparagraph (C) to read as follows:
``(C) The State shall have the standards described in
subparagraph (A) for elementary school and secondary school
children served under this part in subjects determined by the
State that include at least mathematics, and reading or
language arts, and such standards shall require the same
knowledge, skills, and levels of performance for all
children.'';
(B) in paragraph (2), by amending subparagraph (B) to read
as follows:
``(B) Adequate yearly progress shall be defined in a
manner--
``(i) that is sufficient to achieve the goal of all
children served under this part meeting the State's
proficient and advanced levels of performance within 10
years;
``(ii) that results in continuous and substantial academic
improvement for all students, including economically
disadvantaged and limited English proficient students, except
that this clause shall not apply if the State demonstrates to
the Secretary that the State has an insufficient number of
economically disadvantaged or limited English proficient
students;
``(iii) that is based primarily on the standards described
in paragraph (1) and the assessments aligned to State
standards described in paragraph (3), and shall include
specific State determined yearly progress requirements in
subjects and grades included in the State assessments; and
``(iv) that is linked to performance on the assessments
carried out under this section while permitting progress to
be established in part through other academic indicators,
whether defined in the State plan or in a State-approved
local educational agency plan, such as dropout rates.'';
(C) in paragraph (3)--
[[Page S3054]]
(i) in subparagraph (F)--
(I) in clause (ii), by striking ``and'' after the
semicolon;
(II) in clause (iii), by inserting ``and'' after the
semicolon; and
(III) by adding at the end the following:
``(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
(excluding the Commonwealth of Puerto Rico) for 3 or more
consecutive years for the purpose of school
accountability;''; and
(ii) by amending subparagraph (H) to read as follows:
``(H) provide individual student interpretive and
descriptive reports, which shall include scores or other
information on the attainment of student performance
standards, such as measures of student course work over time,
student attendance rates, student dropout rates, and student
participation in advanced level courses;''; and
(D) in paragraph (5) by striking ``through the Office of
Bilingual Education and Minority Languages Affairs'' and
inserting ``, but shall not mandate a specific assessment or
mode of instruction'';
(3) in subsection (c)--
(A) in paragraph (1)(B)--
(i) by striking ``1119 and'' and inserting ``1119,''; and
(ii) by inserting ``, and parental involvement under
section 1118'' after ``1117'';
(B) by redesignating paragraphs (5) and (6) as paragraphs
(8) and (9), respectively;
(C) by inserting after paragraph (4) the following:
``(5) the State educational agency will inform the
Secretary and the public regarding how Federal laws hinder,
if at all, the ability of States to hold local educational
agencies and schools accountable for student academic
performance;
``(6) the State educational agency will inform the
Secretary and the public regarding how the State educational
agency is reducing, if necessary, State fiscal, accounting,
and other barriers to local school and school district
reform, including barriers to implementing schoolwide
programs;
``(7) the State educational agency will inform local
educational agencies of the local educational agencies'
ability to obtain waivers under part F of title VI and, if
the State is an Ed-Flex Partnership State, waivers under the
Educational Flexibility Partnership Act of 1999 (20 U.S.C.
5891a et seq.);''; and
(D) by amending paragraph (9) (as so redesignated) to read
as follows:
``(9) the State will coordinate activities funded under
this part with other Federal activities as appropriate.'';
(4) by redesignating subsections (d) through (g) as
subsections (e) through (h), respectively;
(5) by inserting after subsection (c) the following:
``(d) Parental Involvement.--Each State plan shall
demonstrate that the State will support, in collaboration
with the regional educational laboratories, the collection
and dissemination to local educational agencies and schools
of effective parental involvement practices. Such practices
shall--
``(1) be based on the most current research on effective
parental involvement that fosters achievement to high
standards for all children; and
``(2) be geared toward lowering barriers to greater
participation in school planning, review, and improvement
experienced by parents.'';
(6) in subsection (e)(1)(B) (as so redesignated), by
inserting ``, and who are familiar with educational
standards, assessments, accountability, and other diverse
educational needs of students'' before the semicolon;
(7) in subsection (h) (as so redesignated), by striking
``1998'' and inserting ``2005''; and
(8) by adding at the end the following:
``(i) Privacy.--Information collected under this section
shall be collected and disseminated in a manner that protects
the privacy of individuals.
SEC. 112. LOCAL EDUCATIONAL AGENCY PLANS.
Section 1112 (20 U.S.C. 6312) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``the Goals'' and all
that follows through ``section 14306'' and inserting ``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''; and
(B) in paragraph (2), by striking ``14304'' and inserting
``6504'';
(2) in subsection (b)--
(A) in paragraph (3), by inserting ``, which strategy shall
be coordinated with activities under title II if the local
educational agency receives funds under title II'' before the
semicolon;
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``programs, vocational'' and inserting
``programs and vocational''; and
(II) by striking ``, and school-to-work transition
programs''; and
(ii) in subparagraph (B)--
(I) by striking ``served under part C'' and all that
follows through ``1994''; and
(II) by striking ``served under part D''; and
(C) by amending paragraph (9) to read as follows:
``(9) where appropriate, a description of how the local
educational agency will use funds under this part to support
early childhood education programs under section 1120B.'';
(3) by amending subsection (c) to read as follows:
``(c) Assurances.--Each local educational agency plan shall
provide assurances that the local educational agency will--
``(1) inform eligible schools and parents of schoolwide
project authority;
``(2) provide technical assistance and support to
schoolwide programs;
``(3) work in consultation with schools as the schools
develop the schools' plans pursuant to section 1114 and
assist schools as the schools implement such plans or
undertake activities pursuant to section 1115 so that each
school can make adequate yearly progress toward meeting the
State content standards and State student performance
standards;
``(4) fulfill such agency's school improvement
responsibilities under section 1116, including taking
corrective actions under section 1116(c)(5);
``(5) work in consultation with schools as the schools
develop and implement their plans or activities under
sections 1118 and 1119;
``(6) coordinate and collaborate, to the extent feasible
and necessary as determined by the local educational agency,
with other agencies providing services to children, youth,
and families, including health and social services;
``(7) 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;
``(8) take into account the experience of model programs
for the educationally disadvantaged, and the findings of
relevant research indicating that services may be most
effective if focused on students in the earliest grades at
schools that receive funds under this part;
``(9) comply with the requirements of section 1119
regarding professional development;
``(10) inform eligible schools of the local educational
agency's authority to obtain waivers on the school's behalf
under part F of title VI, and if the State is an Ed-Flex
Partnership State, waivers under the Education Flexibility
Partnership Act of 1999; and
``(11) 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.''; and
(4) in subsection (e)--
(A) in paragraph (1), by striking ``, except that'' and all
that follows through ``finally approved by the State
educational agency''; and
(B) in paragraph (3)--
(i) by striking ``professional development''; and
(ii) by striking ``section 1119'' and inserting ``sections
1118 and 1119''.
SEC. 113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
Section 1113(b)(1) (20 U.S.C. 6313(b)(2)) is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon;
(2) in subparagraph (C)(iii), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(D) designate and serve a school attendance area or
school that is not an eligible school attendance area under
subsection (a)(2), but that was an eligible school attendance
area and was served in the fiscal year preceding the fiscal
year for which the determination is made, but only for 1
additional fiscal year.''.
SEC. 114. SCHOOLWIDE PROGRAMS.
Section 1114 (20 U.S.C. 6314) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--A local educational agency may use funds
under this part, together with other Federal, State, and
local funds, 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, for the
initial year of the schoolwide program.''; and
(B) in paragraph (4)--
(i) by amending the heading to read as follows: ``Exemption
from statutory and regulatory requirements.--''; and
(ii) by adding at the end the following:
``(C) A school that chooses to use funds from such other
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 the school maintains records that demonstrate that
the schoolwide program, considered as a whole, addresses the
intent and purposes of each of the programs that were
consolidated to support the schoolwide program.''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B)(vii), by striking ``, if any,
approved under title III of the Goals 2000: Educate America
Act''; and
(ii) in subparagraph (E), by striking ``, such as family
literacy services'' and inserting ``(including activities
described in section 1118), such as family literacy services,
in-school volunteer opportunities, or parent membership on
school-based leadership or management teams.''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking
``Improving America's Schools Act of 1994'' and inserting
``Educational Opportunities Act''; and
(II) in clause (iv), by inserting ``in a language the
family can understand'' after ``results''; and
(ii) in subparagraph (C)--
(I) in clause (i)(II), by striking ``Improving America's
Schools Act of 1994'' and inserting ''Educational
Opportunities Act''; and
(II) in clause (v), by striking ``the School-to-Work
Opportunities Act of 1994'' and inserting ``part C of title
II''.
SEC. 115. TARGETED ASSISTANCE SCHOOLS.
Section 1115 (20 U.S.C. 6315) is amended--
(1) in subsection (b)--
[[Page S3055]]
(A) in paragraph (1)(A)(ii), by striking ``, yet'' and all
that follows through ``setting''; and
(B) in paragraph (2)--
(i) in subparagraph (B), insert ``or in early childhood
education services under this title,'' after ``program,'';
and
(ii) in subparagraph (C)(i), by striking ``under part D (or
its predecessor authority)''; and
(2) in subsection (c)(1)--
(A) by amending subparagraph (G) to read as follows:
``(G) provide opportunities for professional development
with resources provided under this part, and to the extent
practicable, from other sources, for teachers, principals,
administrators, paraprofessionals, pupil services personnel,
and parents, who work with participating children in programs
under this section or in the regular education program;
and''; and
(B) in subparagraph (H), by striking ``, such as family
literacy services'' and inserting ``(including activities
described in section 1118), such as family literacy services,
in-school volunteer opportunities, or parent membership on
school-based leadership or management teams.''.
SEC. 116. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.
Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is
amended by inserting after section 1115A (20 U.S.C. 6316) the
following:
``SEC. 1115B. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.
``(a) In General.--If a student is eligible to be served
under section 1115(b), or attends a school eligible for a
schoolwide program under section 1114, and--
``(1) becomes a victim of a violent criminal offense while
in or on the grounds of a public elementary school or
secondary school that the student attends and that receives
assistance under this part, then the local educational agency
shall allow such student to transfer to another public school
or public charter school in the same State as the school
where the criminal offense occurred, that is selected by the
student's parent unless allowing such transfer is
prohibited--
``(A) under the provisions of a State or local law; or
``(B) by a local educational agency policy that is approved
by a local school board; or
``(2) the public school that the student attends and that
receives assistance under this part has been designated as an
unsafe public school, then the local educational agency may
allow such student to transfer to another public school or
public charter school in the same State as the school where
the criminal offense occurred, that is selected by the
student's parent.
``(b) State Educational Agency Determinations.--
``(1) The State educational agency shall determine, based
upon State law, what actions constitute a violent criminal
offense for purposes of this section.
``(2) The State educational agency shall determine which
schools in the State are unsafe public schools.
``(3) The term `unsafe public schools' means a public
school that has serious crime, violence, illegal drug, and
discipline problems, as indicated by conditions that may
include high rates of--
``(A) expulsions and suspensions of students from school;
``(B) referrals of students to alternative schools for
disciplinary reasons, to special programs or schools for
delinquent youth, or to juvenile court;
``(C) victimization of students or teachers by criminal
acts, including robbery, assault and homicide;
``(D) enrolled students who are under court supervision for
past criminal behavior;
``(E) possession, use, sale or distribution of illegal
drugs;
``(F) enrolled students who are attending school while
under the influence of illegal drugs or alcohol;
``(G) possession or use of guns or other weapons;
``(H) participation in youth gangs; or
``(I) crimes against property, such as theft or vandalism.
``(c) Transportation Costs.--The local educational agency
that serves the public school in which the violent criminal
offense occurred or that serves the designated unsafe public
school may use funds provided under this part to provide
transportation services or to pay the reasonable costs of
transportation for the student to attend the school selected
by the student's parent.
``(d) Special Rule.--Any school receiving assistance
provided under this section shall comply with title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and not
discriminate on the basis of race, color, or national origin.
``(e) Part B of the Individuals With Disabilities Education
Act.--Nothing in this section shall be construed to affect
the requirements of part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.).
``(f) Maximum Amount.--Notwithstanding any other provision
of this section, the amount of assistance provided under this
part for a student who elects a transfer under this section
shall not exceed the per pupil expenditures for elementary or
secondary school students as provided by the local
educational agency that serves the school involved in the
transfer.''.
SEC. 117. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
IMPROVEMENT.
Section 1116 (20 U.S.C. 6317) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Local Review.--
``(1) In general.--Each local educational agency receiving
funds under this part shall--
``(A) use the State assessments described in the State
plan;
``(B) use any additional measures or indicators described
in the local educational agency's plan to review annually the
progress of each school served under this part to determine
whether the school is meeting, or making adequate progress as
defined in section 1111(b)(2)(A)(i) toward enabling its
students to meet the State's student performance standards
described in the State plan; and
``(C) provide the results of the local annual review to
schools so that the schools can continually refine the
program of instruction to help all children served under this
part in those schools meet the State's student performance
standards.
``(2) Local reports.--(A) Following the annual review
specified in paragraph (1)(B), each local educational agency
receiving funds under this part shall prepare and disseminate
an annual performance report regarding each school that
receives funds under this part. The report, at a minimum,
shall include information regarding--
``(i) each school's performance in making adequate yearly
progress and whether the school has been identified for
school improvement;
``(ii) the progress of each school in enabling all students
served under this part to meet the State-determined levels of
performance, including the progress of economically
disadvantaged students and limited English proficient
students, except that this clause shall not apply to a State
if the State demonstrates that the State has an insufficient
number of economically disadvantaged or limited English
proficient students; and
``(iii) any other information the local educational agency
determines appropriate (such as information on teacher
quality, school safety, and drop-out rates).
``(B) The local educational agency shall publicize and
disseminate the report to teachers and other staff, parents,
students, and the community. Such report shall be concise and
presented in a format and manner that parents can understand.
The local educational agency may issue individual school
performance reports directly to teachers and other staff,
parents, students, and the community, or the local
educational agency may publicize and disseminate the report
through a widely read or distributed medium, such as posting
on the Internet or distribution to the media.
``(C) Information collected and reported under this section
shall be collected and disseminated in a manner that protects
the privacy of individuals.
``(D) In the case of a local educational agency for which
the State report described in section 1116(d) contains data
about an individual school served by the local educational
agency that is equivalent to the data required by this
subsection, such local educational agency shall not be
required to prepare or distribute a report regarding such
school under this paragraph.'';
(2) by amending subsection (c) to read as follows:
``(c) School Improvement.--
``(1) In general.--(A) A local educational agency shall
identify for school improvement any school served under this
part that for 2 consecutive years failed to make adequate
yearly progress as defined in the State's plan in section
1111, except that in the case of a targeted assistance
program under section 1115, a local educational agency may
review the progress of only those students in such school who
are served under this part.
``(B) The 2 year period described in clause (i) shall
include any continuous period of time immediately preceding
the date of enactment of the Education Opportunities Act,
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.
``(C) Before identifying a school for school improvement
under subparagraph (A), the local educational agency shall
provide the school with an opportunity to review the school-
level data, including assessment data, on which such
identification is based. The review period shall not exceed
30 days, and at the end of the review period the local
educational agency shall make a final determination as to the
school improvement status of the school. If the school
believes that such identification for school improvement is
in error for statistical or other substantive reasons, such
school may provide evidence to the local educational agency
to support such belief.
``(2) School plan.--(A) Each school identified under
paragraph (1), in consultation with parents, the local
educational agency, and the school support team or other
outside experts, shall revise a school plan that addresses
the fundamental teaching and learning needs in the school
and--
``(i) describes the specific achievement problems to be
solved;
``(ii) includes research-based strategies, supported with
specific goals and objectives, that have the greatest
likelihood of improving the performance of participating
children in meeting the State's student performance
standards;
``(iii) explains how those strategies will work to address
the achievement problems identified under clause (i);
``(iv) addresses the need for high-quality staff by setting
goals for ensuring that high quality professional development
programs are supported with funds under this part;
``(v) addresses the professional development needs of
instructional staff by committing to spend not less than 10
percent of the funds received by the school under this part
during 1 fiscal year for professional development, which
professional development shall increase the content knowledge
of teachers and build the capacity of the teachers to align
classroom instruction with challenging content standards and
to bring all students to proficient or advanced levels of
performance as determined by the State;
``(vi) identifies specific goals and objectives the school
will undertake for making adequate
[[Page S3056]]
yearly progress, which goals and objectives shall be
consistent with State and local standards;
``(vii) specifies the responsibilities of the school and
the local educational agency, including how the local
educational agency will hold the school accountable for, and
assist the school in, meeting the school's obligations to
provide enriched and accelerated curricula, effective
instructional methods, high quality professional development,
and timely and effective individual assistance, in
partnership with parents; and
``(viii) includes strategies to promote effective parental
involvement in the school.
``(B) The school shall submit the plan or revised plan to
the local educational agency for approval within 3 months of
being identified. The local educational agency shall promptly
subject the plan to a review process, work with the school to
revise the plan as necessary, and approve the plan within 1
month of submission. The school shall implement the plan as
soon as the plan is approved.
``(3) Parental notification.--Each school identified under
paragraph (1) shall in understandable language and form,
promptly notify the parents of each student enrolled in the
school that the school was designated by the local
educational agency as needing improvement and provide with
the notification--
``(A) the reasons for such designation;
``(B) information about opportunities for parents to
participate in the school improvement process; and
``(C) an explanation of the option afforded to parents,
pursuant to paragraph (6), to transfer their child to another
public school, including a public charter school, that is not
identified for school improvement.
``(4) Technical assistance.--(A) 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. Such technical
assistance shall include effective methods and research-based
instructional strategies.
``(B) Such technical assistance shall be designed to
strengthen the core academic program for the students served
under this part and addresses specific elements of student
performance problems, including problems, if any, in
implementing the parental involvement requirements described
in section 1118, the professional development requirements
described in section 1119, and the responsibilities of the
school and local educational agency under the school plan.
``(5) 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) After providing technical assistance under paragraph
(4), the local educational agency may take corrective action
at any time with respect to a school that has been identified
under paragraph (1), but shall take corrective action with
respect to any school that fails to make adequate yearly
progress, as defined by the State, at the end of the second
year following the school's identification under paragraph
(1) and shall continue to provide technical assistance while
instituting any corrective action.
``(B) Consistent with State and local law, in the case of a
school described in subparagraph (A) for which corrective
action is required, the local educational agency shall not
take less than 1 of the following corrective actions:
``(i) Instituting and fully implementing a new curriculum
that is based on State and local standards, including
appropriate research-based professional development for all
relevant staff that offers substantial promise of improving
educational achievement for low-performing students.
``(ii) Restructuring the school, such as by--
``(I) making alternative governance arrangements (such as
the creation of a public charter school); or
``(II) creating schools within schools or other small
learning environments.
``(iii) Developing and implementing a joint plan between
the local educational agency and the school that addresses
specific elements of student performance problems and that
specifies the responsibilities of the local educational
agency and the school under the plan.
``(iv) Reconstituting the school staff.
``(v) Decreasing decisionmaking authority at the school
level.
``(C) Consistent with State and local law, in the case of a
school described in subparagraph (A), the local educational
agency may take the following corrective actions:
``(i) Deferring, reducing, or withholding funds.
``(ii) Restructuring or abolishing the school.
``(D) A local educational agency may delay, for a period
not to exceed 1 year, implementation of corrective action
if--
``(i) the local educational agency assesses the school's
performance and determines that the school is meeting the
specific State-determined yearly progress requirements in
subjects and grades included in the State assessments; and
``(ii) the school will meet the State's criteria for
adequate yearly progress within 1 year;
``(E) 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 the parents can
understand, any corrective action the local educational
agency takes under this paragraph, through such means as the
Internet, the media, and public agencies.
``(6) Public school choice.--
``(A) Schools identified for improvement.--
``(i) Schools identified on or before enactment.--Not later
than 6 months after the date of the enactment of the
Educational Opportunities Act, a local educational agency
shall provide all students enrolled in a school identified
(on or before such date of enactment) under paragraphs (1)
and (5) 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--
``(I) under the provisions of a State or local law; or
``(II) by a local educational agency policy that is
approved by a local school board.
``(ii) Schools identified after enactment.--Not later than
6 months after the date on which a local educational agency
identifies a school under paragraphs (1) and (5), the agency
shall provide all students enrolled in such school with an
option described in clause (i).
``(B) Cooperative agreements.--If all public schools in the
local educational agency to which a child may transfer are
identified under paragraphs (1) and (5), then the agency, to
the extent practicable, shall establish a cooperative
agreement with other local educational agencies in the area
for the transfer, unless the transfer is prohibited under--
``(i) the provisions of a State or local law; or
``(ii) a local educational agency policy that is approved
by a local school board.
``(C) Transportation.--
``(i) In general.--The local educational agency in which
the schools have been identified under paragraph (1) may use
funds under this part to provide transportation to students
whose parents choose to transfer their child or children to a
different school.
``(ii) Corrective action.--If a school has been identified
under paragraph (5), the local educational agency shall
provide such students transportation (or the costs of
transportation) to schools not identified under paragraph (1)
or (5).
``(iii) Maximum amount.--Notwithstanding any other
provision of this paragraph, the amount of assistance
provided under this part for a student who elects a transfer
under this paragraph shall not exceed the per pupil
expenditures for elementary school or secondary school
students as provided by the local educational agency that
serves the school involved in the transfer.
``(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) State educational agency responsibilities.--If a
State educational agency determines that a local educational
agency failed to carry out the local educational agency's
responsibilities under this section, the State educational
agency shall take into account such action as the State
educational agency finds necessary, consistent with this
section, to improve the affected schools and to ensure that
the local educational agency carries out the local
educational agency's responsibilities under this section.
``(8) Special rule.--Schools that, for at least 2 of the 3
years following identification under paragraph (1), make
adequate progress toward meeting the State's proficient and
advanced levels of performance shall no longer need to be
identified for school improvement.
``(9) Waivers.--The State educational agency shall review
any waivers approved for a school designated for improvement
or corrective action prior to the date of enactment of the
Educational Opportunities Act and shall terminate any waiver
approved by the State under the Educational Flexibility
Partnership Act of 1999 if the State determines, after notice
and an opportunity for a hearing, that the waiver is not
helping such school to make yearly progress to meet the
objectives and specific goals described in the school's
improvement plan.''; and
(3) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--(A) A State educational agency shall
annually review the progress of each local educational agency
receiving funds under this part to determine whether schools
receiving assistance under this part are making adequate
progress as defined in section 1111(b)(2)(A)(ii) toward
meeting the State's student performance standards.
``(B) State reports.--Following the annual review specified
in subparagraph (A), each State educational agency that
receives funds under this part shall prepare and disseminate
an annual performance report regarding each local educational
agency that receives funds under this part.
``(C) Contents.--The State, at a minimum, shall include in
the report information on each local educational agency
regarding--
``(i) local educational agency performance in making
adequate yearly progress, including the number and percentage
of schools that did and did not make adequate yearly
progress;
``(ii) the progress of the local educational agency in
enabling all students served under this part to meet the
State's proficient and advanced levels of performance,
including the progress of economically disadvantaged students
and limited English proficient students, except that this
clause shall not apply to a State if the State demonstrates
that the State has an insufficient number of economically
disadvantaged or limited English proficient students; and
``(iii) any other information the State determines
appropriate (such as information on teacher quality, school
safety, and drop-out rates).
``(D) Parent and public dissemination.--The State shall
publicize and disseminate to local educational agencies,
teachers and other staff, parents, students, and the
community, the report. Such report shall be concise and
presented in a format and manner that parents can
[[Page S3057]]
understand. The State may issue local educational agency
performance reports directly to the local educational
agencies, teachers and other staff, parents, students, and
the community or the State may publicize and disseminate the
report through a widely read or distributed medium, such as
posting on the Internet or distribution to the media.''.
(B) by amending paragraph (4) to read as follows:
``(4) Local educational agency revisions.--(A) Each local
educational agency identified under paragraph (3) shall, not
later than 3 months after being so identified, revise a local
educational agency plan as described under section 1112. The
plan shall--
``(i) include specific State-determined yearly progress
requirements in subjects and grades to ensure that all
students will meet proficient levels of performance within 10
years;
``(ii) address the fundamental teaching and learning needs
in the schools of that agency, and the specific academic
problems of low-performing students including a determination
of why the local educational agency's prior plan failed to
bring about increased student achievement and performance;
``(iii) incorporate research-based strategies that
strengthen the core academic program in the local educational
agency;
``(iv) address the professional development needs of the
instructional staff by committing to spend not less than 10
percent of the funds received by the school under this part
during 1 fiscal year for professional development, which
professional development shall increase the content knowledge
of teachers and build the capacity of the teachers to align
classroom instruction with challenging content standards and
to bring all students to proficient or advanced levels of
performance as determined by the State;
``(v) identify specific goals and objectives the local
educational agency will undertake for making adequate yearly
progress, which goals and objectives shall be consistent with
State standards;
``(vi) identify how the local educational agency will
provide written notification to parents in a format, and to
the extent practicable, in a language that the parents can
understand;
``(vii) specify the responsibilities of the State
educational agency and the local educational agency under the
plan; and
``(viii) include strategies to promote effective parental
involvement in the school.'';
(C) by amending subparagraph (B) of paragraph (5) to read
as follows:
``(B) Technical assistance provided under this section by
the State educational agency or an entity authorized by such
agency shall be supported by effective methods and research-
based instructional strategies.'';
(D) in paragraph (6)--
(i) by amending subparagraph (B) to read as follows:
``(B)(i) Consistent with State and local law, in order to
help students served under this part meet challenging State
and local standards, each State educational agency shall
implement a corrective action system in accordance with the
following:
``(I) After providing technical assistance as described
under paragraph (5), the State educational agency--
``(aa) may take corrective action at any time with respect
to a local educational agency that has been identified under
paragraph (3);
``(bb) shall take corrective action with respect to any
local educational agency that fails to make adequate yearly
progress, as defined by the State; and
``(cc) shall continue to provide technical assistance while
implementing any corrective action.
``(II) Consistent with State and local law, in the case of
a local educational agency described under subclause (I), the
State educational agency shall not take less than 1 of the
following corrective actions:
``(aa) Instituting and fully implementing a new curriculum
that is based on State and local standards, including
appropriate research-based professional development for all
relevant staff that offers substantial promise of improving
educational achievement for low-performing students.
``(bb) Restructuring the local educational agency.
``(cc) Developing and implementing a joint plan between the
State educational agency and the local educational agency
that addresses specific elements of student performance
problems and that specifies the responsibilities of the State
educational agency and the local educational agency under the
plan.
``(dd) Reconstituting school district personnel.
``(ee) Making alternative governance arrangements.
``(III) Consistent with State and local law, in the case of
a local educational agency described under subclause (I), the
State educational agency may take 1 of the following
corrective actions:
``(aa) Deferring, reducing, or withholding funds.
``(bb) Restructuring or abolishing the local educational
agency.
``(cc) Removal of particular schools from the jurisdiction
of the local educational agency and establishment of
alternative arrangements for public governance and
supervision of such schools.
``(dd) Appointment by the State educational agency of a
receiver or trustee to administer the affairs of the local
educational agency in place of the superintendent and school
board.
``(ii) Notwithstanding clause (i), corrective actions taken
pursuant to this section shall not include the actions
described in subclauses (I), (II), and (III) of clause (i)
until the State has developed assessments that meet the
requirements of paragraph (3)(C) of section 1111(b).''; and
(ii) by striking subparagraph (C) and inserting the
following:
``(C) Hearing.--Prior to implementing any corrective
action, the State educational agency shall provide notice and
a hearing to the affected local educational agency, if State
law provides for such notice and hearing. The hearing shall
take place not later than 45 days following the decision to
implement corrective action.
``(D) Notification to parents.--The State educational
agency shall publish, and disseminate to parents and the
public, any corrective action the State educational agency
takes under this paragraph through a widely read or
distributed medium.
``(E) Delay.--A State educational agency may delay, for a
period not to exceed 1 year, implementation of corrective
action if--
``(i) the State educational agency determines that the
local educational agency is meeting the State-determined
yearly progress requirements in subjects and grades included
in the State assessments; and
``(ii) the schools within the local educational agency will
meet the State's criteria for improvement within 1 year.
``(F) Waivers.--The State educational agency shall review
any waivers approved prior to the date of enactment of the
Educational Opportunities Act for a local educational agency
designated for improvement or corrective action and shall
terminate any waiver approved by the State under the
Educational Flexibility Partnership Act of 1999 if the State
determines, after notice and an opportunity for a hearing,
that the waiver is not helping the local educational agency
make yearly progress to meet the objectives and specific
goals described in the local educational agency's improvement
plan.''.
SEC. 118. ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVEMENT.
Section 1117 (20 U.S.C. 6318) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Priorities.--In carrying out this section, a State
educational agency shall--
``(A) first, provide support and assistance to local
educational agencies subject to corrective action described
in section 1116 and assist schools, in accordance with
section 1116, for which a local educational agency has failed
to carry out its responsibilities under section 1116;
``(B) second, provide support and assistance to other local
educational agencies and schools identified as in need of
improvement under section 1116; and
``(C) third, provide support and assistance to other local
educational agencies and schools participating under this
part that need support and assistance in order to achieve the
purpose of this part.'';
(2) in subsection (b), by striking ``the comprehensive
regional technical assistance centers under part A of title
XIII and'' and inserting ``comprehensive regional technical
assistance centers, and''; and
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) Approaches.--In order to achieve the purpose
described in subsection (a), each such system shall provide
technical assistance and support through such approaches as--
``(A) school support teams which are composed of
individuals who are knowledgeable about research and practice
on teaching and learning, particularly about strategies for
improving educational results for low-achieving children and
persons knowledgeable about effective parental involvement
programs, including parents;
``(B) the designation and use of distinguished teachers and
principals, chosen from schools served under this part that
have been especially successful in improving academic
achievement;
``(C) providing assistance to the local educational agency
or school in the implementation of research-based
comprehensive school reform models; and
``(D) a review process designed to increase the capacity of
local educational agencies and schools to develop high-
quality school improvement plans.'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``part which'' and all
that follows through the period and inserting ``part.''; and
(ii) in subparagraph (C)--
(I) by striking ``and may'' and inserting ``(and may''; and
(II) by striking ``exemplary performance'' and inserting
``exemplary performance)''; and
(C) in paragraph (3)--
(i) in the paragraph heading, by striking ``Educators'' and
inserting ``Teachers and Principals'';
(ii) by amending subparagraph (A) to read as follows:
``(A) The State may also recognize and provide financial
awards to teachers or principals in a school described in
paragraph (2) whose students consistently make significant
gains in academic achievement.'';
(iii) in subparagraph (B), by striking ``educators'' and
inserting ``teachers or principals''; and
(iv) by striking subparagraph (C).
SEC. 119. PARENTAL INVOLVEMENT.
Section 1118 (20 U.S.C. 6319) is amended--
(1) in subsection (a)(2)(B), by inserting ``activities to
improve student achievement and student and school
performance'' after ``involvement'';
(2) in subsection (b)(1)--
(A) in the first sentence, by inserting ``(in a language
parents can understand)'' after ``distribute''; and
(B) in the second sentence, insert ``shall be made
available to the local community and'' after ``Such policy'';
(3) in subsection (e)--
[[Page S3058]]
(A) in paragraph (1), by striking ``participating parents
in such areas as understanding the National'' and inserting
``parents of children served by the school or local
educational agency, as appropriate, in understanding
America's'';
(B) in paragraph (14), by striking ``and'' after the
semicolon;
(C) by amending paragraph (15) to read as follows:
``(15) may establish a school district wide parent advisory
council to advise the school and local educational agency on
all matters related to parental involvement in programs
supported under this section; and''; and
(D) by adding at the end the following:
``(16) shall provide such other reasonable support for
parental involvement activities under this section as parents
may request, which may include emerging technologies.'';
(4) in subsection (f), by striking ``or with'' and
inserting ``, parents of migratory children, or parents
with''; and
(5) by amending subsection (g) to read as follows:
``(g) Information From Parental Information and Resource
Centers.--In a State where a parental information and
resource center is established to provide training,
information, and support to parents and individuals who work
with local parents, local educational agencies, and schools
receiving assistance under this part, each school or local
educational agency that receives assistance under this part
and is located in the State, shall assist parents and
parental organizations by informing such parents and
organizations of the existence and purpose of such centers,
providing such parents and organizations with a description
of the services and programs provided by such centers,
advising parents on how to use such centers, and helping
parents to contact such centers.''.
SEC. 120. PROFESSIONAL DEVELOPMENT.
Section 1119 (20 U.S.C. 6320) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by amending subparagraph (A) to read
as follows:
``(A) support professional development activities that give
teachers, principals, administrators, paraprofessionals,
pupil services personnel, and parents the knowledge and
skills to provide students with the opportunity to meet
challenging State or local content standards and student
performance standards;'';
(B) by redesignating subparagraphs (B) through (E) as
subparagraphs (D) through (G), respectively;
(C) by inserting after subparagraph (A) the following:
``(B) advance teacher understanding of effective
instructional strategies, based on research for improving
student achievement, at a minimum in reading or language arts
and mathematics;
``(C) 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 subparagraph
shall not apply to an activity if such activity is 1
component of a long-term comprehensive professional
development plan established by the teacher and the teacher's
supervisor based upon an assessment of the needs of the
teacher, the needs of students, and the needs of the local
educational agency;'';
(D) in subparagraph (E) (as so redesignated), by striking
``title III of the Goals 2000: Educate America Act,'';
(E) in subparagraph (F) (as so redesignated), by striking
``and'' after the semicolon;
(F) in subparagraph (G) (as so redesignated), by striking
the period and inserting a semicolon; and
(G) by adding at the end the following:
``(H) to the extent appropriate, provide training for
teachers in the use of technology and the applications of
technology that are effectively used--
``(i) in the classroom to improve teaching and learning in
the curriculum; and
``(ii) in academic content areas in which the teachers
provide instruction;
``(I) be regularly evaluated for their impact on increased
teacher effectiveness and improved student performance and
achievement, with the findings of such evaluations used to
improve the quality of professional development; and
``(J) include strategies for identifying and eliminating
gender and racial bias in instructional materials, methods,
and practices.''; and
(2) in subsection (g), by striking ``title III of the Goals
2000: Educate America Act,'' and inserting ``other Acts''.
SEC. 120A. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
(a) Amendments.--Section 1120 (20 U.S.C. 6321) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``that address their
needs, and shall ensure that teachers and families of such
children participate, on an equitable basis, in services and
activities under sections 1118 and 1119'' before the period;
(B) in paragraph (3), by inserting ``and shall be provided
in a timely manner'' before the period; and
(C) in paragraph (4), insert ``as determined by the local
educational agency each year or every 2 years'' before the
period;
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``and where'' and
inserting ``, where, and by whom'';
(ii) by amending subparagraph (D) to read as follows:
``(D) how the services will be assessed and how the results
of that assessment will be used to improve those services;'';
(iii) in subparagraph (E), by striking the period and
inserting ``; and''; and
(iv) by adding at the end the following:
``(F) how and when the local educational agency will make
decisions about the delivery of services to eligible private
school children, including a thorough consideration and
analysis of the views of private school officials regarding
the provision of contract services through potential third
party providers, and if the local educational agency
disagrees with the views of the private school officials on
such provision of services, 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 so provide such services.''; and
(B) by adding at the end the following:
``(4) Consultation.--Each local educational agency shall
provide to the State educational agency, and maintain in the
local educational agency's records, a written affirmation
signed by officials of each participating private school that
the consultation required by this section has occurred. If a
private school declines in writing to have eligible children
in the private school participate in services provided under
this section, the local educational agency is not required to
further consult with the private school officials or to
document the local educational agency's consultation with the
private school officials until the private school officials
request in writing such consultation. The local educational
agency shall inform the private school each year of the
opportunity for eligible children to participate in services
provided under this section.
``(5) Compliance.--A private school official shall have the
right to appeal to the State educational agency the decision
of a local educational agency as to whether consultation
provided for in this section was meaningful and timely, and
whether due consideration was given to the views of the
private school official. If the private school official
wishes to appeal the decision, the basis of the claim of
noncompliance with this section by the local educational
agencies shall be provided to the State educational agency,
and the local educational agency shall forward the
appropriate documentation to the State educational agency.'';
(3) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(4) by inserting after subsection (b) the following:
``(c) Allocation for Equitable Service to Private School
Students.--
``(1) Calculation.--A local educational agency shall have
the final authority, consistent with this section, to
calculate the number of private school children, ages 5
through 17, who are low-income by--
``(A) using the same measure of low-income used to count
public school children;
``(B) using the results of a survey that, to the extent
possible, protects the identity of families of private school
students, and allowing such survey results to be extrapolated
if complete actual data are unavailable; or
``(C) 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 school attendance area.
``(2) Complaint process.--Any dispute regarding low-income
data for private school students shall be subject to the
complaint process authorized in section 10105.'';
(5) in subsection (e) (as so redesignated),
(A) in paragraph (2), by striking ``14505 and 14506'' and
inserting ``10105 and 10106'';
(B) by redesignating paragraphs (1) and (2) (as so amended)
as subparagraphs (A) and (B), respectively;
(C) by striking ``If a'' and inserting the following:
``(1) In general.--If a''; and
(D) by adding at the end the following:
``(2) Determination.--In making the determination under
paragraph (1), the Secretary shall consider 1 or more
factors, including the quality, size, scope, or location of
the program, or the opportunity of eligible children to
participate in the program.''; and
(6) by repealing subsection (f) (as so redesignated).
(b) Effective Date.--The amendment made by subsection
(a)(4) shall take effect on September 30, 2003.
(c) Conforming Amendment.--Section 1120A(a) (20 U.S.C.
6322(a)) is amended by striking ``14501 of this Act'' and
inserting ``10101''.
SEC. 120B. EARLY CHILDHOOD EDUCATION.
Section 1120B (20 U.S.C. 6321) is amended--
(1) by amending the section heading to read as follows:
``SEC. 1120B. COORDINATION REQUIREMENTS; EARLY CHILDHOOD
EDUCATION SERVICES.'';
(2) in subsection (c), by striking ``Head Start Act
Amendments of 1994'' and inserting ``Head Start Amendments of
1998''; and
(3) by adding at the end the following:
``(d) Early Childhood Services.--A local educational agency
may use funds received under this part to provide preschool
services--
``(1) directly to eligible preschool children in all or
part of its school district;
``(2) through any school participating in the local
educational agency's program under this part; or
``(3) through a contract with a local Head Start agency, an
eligible entity operating an Even Start program, a State-
funded preschool program, or a comparable public early
childhood development program.
``(e) Early Childhood Education Programs.--Early childhood
education programs operated with funds provided under this
part may be operated and funded jointly with Even Start
programs under part B of this title, Head Start programs, or
State-funded preschool programs. Early childhood education
programs funded under this part shall--
[[Page S3059]]
``(1) focus on the developmental needs of participating
children, including their social, cognitive, and language-
development needs, and use research-based approaches that
build on competencies that lead to school success,
particularly in language and literacy development and in
reading;
``(2) teach children to understand and use language in
order to communicate for various purposes;
``(3) enable children to develop and demonstrate an
appreciation of books; and
``(4) in the case of children with limited English
proficiency, enable the children to progress toward
acquisition of the English language.''.
SEC. 120C. ALLOCATIONS.
Subpart 2 of part A of title I (20 U.S.C. 6331 et seq.) is
amended to read as follows:
``Subpart 2--Allocations
``SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY
OF THE INTERIOR.
``(a) Reservation of Funds.--From the amount appropriated
for any fiscal year under section 1002(a), the Secretary
shall reserve a total of 1 percent to provide assistance to--
``(1) the outlying areas on the basis of their respective
need for such assistance according to such criteria as the
Secretary determines will best carry out the purpose of this
part; and
``(2) the Secretary of the Interior in the amount necessary
to make payments pursuant to subsection (c).
``(b) Assistance to the Outlying Areas.--
``(1) In general.--From amounts made available under
subsection (a)(1) in each fiscal year the Secretary shall
make grants to local educational agencies in the outlying
areas.
``(2) Competitive grants.--
``(A) In general.--For fiscal years 2000 and 2001, the
Secretary shall reserve $5,000,000 from the amounts made
available under subsection (a)(1) to award grants, on a
competitive basis, to local educational agencies in the
Freely Associated States. The Secretary shall award such
grants according to the recommendations of the Pacific Region
Educational Laboratory which shall conduct a competition for
such grants.
``(B) Uses.--Except as provided in subparagraph (C), grant
funds awarded under this paragraph only may be used--
``(i) for programs described in this Act, including teacher
training, curriculum development, instructional materials, or
general school improvement and reform; and
``(ii) to provide direct educational services.
``(C) Administrative costs.--The Secretary may provide 5
percent of the amount made available for grants under this
paragraph to the Pacific Region Educational Laboratory to pay
the administrative costs of the Pacific Region Educational
Laboratory regarding activities assisted under this
paragraph.
``(c) Allotment to the Secretary of the Interior.--
``(1) In general.--The amount reserved 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
schools and secondary schools for Indian children operated or
supported by the Department of the Interior; and
``(B) out-of-State Indian children in elementary schools
and secondary schools in local educational agencies under
special contracts with the Department of the Interior.
``(2) Payments.--From the amount reserved 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)(B). The amount of such payment may not exceed,
for each such child, the greater of--
``(A) 40 percent of the average per-pupil expenditure in
the State in which the agency is located; or
``(B) 48 percent of such expenditure in the United States.
``SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRATION GRANTS,
AND TARGETED GRANTS.
``(a) In General.--For each of the fiscal years 2001
through 2005--
``(1) the amount appropriated to carry out this part that
is less than or equal to the amount appropriated to carry out
section 1124 for fiscal year 2000, shall be allocated in
accordance with section 1124;
``(2) the amount appropriated to carry out this part that
is not used under paragraph (1) that equals the amount
appropriated to carry out section 1124A for fiscal year 2000,
shall be allocated in accordance with section 1124A; and
``(3) any amount appropriated to carry out this part for
the fiscal year for which the determination is made that is
not used to carry out paragraphs (1) and (2) shall be
allocated in accordance with section 1125.
``(b) Adjustments Where Necessitated by Appropriations.--
``(1) In general.--If the sums made available under this
part for any fiscal year are insufficient to pay the full
amounts that all local educational agencies in 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).
``(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
the allocations were reduced.
``(c) Hold-Harmless Amounts.--
``(1) In general.--For each fiscal year the amount made
available to each local educational agency under each of
sections 1124, 1124A, and 1125 shall be not less than--
``(A) 95 percent of the amount made available to the local
educational agency under each such section for 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, served by
the local educational agency;
``(B) 90 percent of the amount made available to the local
educational agency under each such section for the preceding
fiscal year if such percentage is not less than 15 percent
and not more than 30 percent; and
``(C) 85 percent of the amount made available to the local
educational agency under each such section for the preceding
fiscal year if such percentage is less than 15 percent.
``(2) Special rules.--If sufficient funds are appropriated,
the hold-harmless amounts described in paragraph (1) shall be
paid to all local educational agencies that received grants
under section 1124, 1124A, or 1125 for the preceding fiscal
year, regardless of whether the local educational agency
meets the minimum eligibility criteria provided in section
1124(b), 1124A(a)(1)(A), or 1125(a), respectively, except
that a local educational agency that does not meet such
minimum eligibility criteria for 5 consecutive years shall no
longer be eligible to receive a hold-harmless amount under
this subsection.
``(3) County calculation basis.--Any fiscal year for which
the Secretary calculates grants on the basis of population
data for counties, the Secretary shall apply the hold-
homeless 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, then the State educational agency shall reallocate
funds proportionately from all other local educational
agencies in the State that receive funds for the fiscal year
in excess of the hold-harmless amounts specified in this
paragraph.
``(d) Ratable Reductions.--
``(1) In general.--If the sums made available under this
part for any fiscal year are insufficient to pay the full
amounts that all States are eligible to receive under
subsection (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 reduced.
``SEC. 1123. DEFINITIONS.
``In this subpart:
``(1) Freely associated states.--The term `Freely
Associated States' means the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic
of Palau.
``(2) Outlying areas.--The term `outlying areas' means the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(3) State.--The term `State' means each of the several
States of the United States, the District of Columbia, and
the Commonwealth of Puerto Rico.
``SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Amount of Grants.--
``(1) Grants for local educational agencies and puerto
rico.--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, and not 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 Secretary and the Secretary of Commerce 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) Large local educational agencies.--In the case of an
allocation under this section to a large local educational
agency, the amount of the grant under this section for the
large local educational agency shall be the amount determined
under paragraph (1).
``(ii) Small local educational agencies.--
``(I) In general.--In the case of an allocation under this
section to a small local educational agency the State
educational agency may--
``(aa) distribute grants under this section in amounts
determined by the Secretary under paragraph (1); or
``(bb) 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 local educational
agencies.
``(II) Alternative method.--An alternative method under
subclause (I)(bb) shall be based on population data that the
State educational agency determines best reflect the current
distribution of children in poor families among the
[[Page S3060]]
State's small local educational agencies that meet the
minimum number of children to qualify described in subsection
(b).
``(III) Appeal.--If a small local educational agency is
dissatisfied with the determination of the amount of its
grant by the State educational agency under subclause
(I)(bb), the small local educational agency may appeal the
determination to the Secretary, who shall respond within 45
days of receiving the appeal.
``(iii) Definitions.--In this subparagraph--
``(I) the term `large local educational agency' means a
local educational agency serving a school district with a
total population of 20,000 or more; and
``(II) the term `small local educational agency' means a
local educational agency serving a school district with a
total population of less than 20,000.
``(3) Allocations to counties.--
``(A) In general.--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 allocate county amounts to local educational
agencies, in accordance with regulations promulgated by the
Secretary.
``(B) Application.--In any State in which a large number of
local educational agencies overlap county boundaries, or for
which the State believes the State has data that would better
target funds than allocating the funds 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) Allocations to local educational agencies.--If the
Secretary approves its application under subparagraph (B),
the State educational agency shall provide the Secretary an
assurance that the allocations will be made--
``(i) using precisely the same factors for determining a
grant as are used under this section; or
``(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 a procedure is or will be
established through which local educational agencies that are
dissatisfied with determinations under subparagraph (B) may
appeal directly to the Secretary for a final determination.
``(4) Puerto rico.--For each fiscal year, the Secretary
shall determine the percentage which the average per-pupil
expenditure in the Commonwealth of Puerto Rico is of the
lowest average per-pupil expenditure of any of the 50 States.
The grant which the Commonwealth of Puerto Rico shall be
eligible to receive under this section for a fiscal year
shall be the amount arrived at by multiplying the number of
children counted under subsection (c) for the Commonwealth of
Puerto Rico by the product of--
``(A) the percentage determined under the preceding
sentence; and
``(B) 32 percent of the average per-pupil expenditure in
the United States.
``(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--
``(1) 10 or more; and
``(2) more than 2 percent of the total school-age
population in the school district of the local educational
agency.
``(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
paragraphs (2) and (3);
``(B) the number of children aged 5 to 17, inclusive, in
the school district of such agency from families above the
poverty level as determined under paragraph (4); and
``(C) the number of children determined under paragraph (4)
for 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 and youth (other than such institutions operated by
the United States), but not counted pursuant to chapter 1 of
subpart 2 of part C of title III 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 2 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 counties or local educational
agencies, published by the Department of Commerce, unless the
Secretary and the Secretary of Commerce determine that use of
the updated population data would be inappropriate or
unreliable. 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, the Secretary and
the Secretary of Commerce 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.--For purposes of this
section, the Secretary shall determine the number of children
aged 5 to 17, inclusive, from families above the poverty
level on the basis of the number of such children from
families receiving an annual income, in excess of the current
criteria of poverty, from payments under a State program
funded under part A of title IV of the Social Security Act.
In making such determinations the Secretary shall utilize the
criteria of poverty used by the Bureau of the Census in
compiling the most recent decennial census for a family of 4
in such form as those criteria have been updated by increases
in the Consumer Price Index for all urban consumers,
published by the Bureau of Labor Statistics. The Secretary
shall determine the number of 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 (using, in the case of children
described in the preceding sentence, the criteria of poverty
and the form of such criteria required by such sentence which
were determined for the calendar year preceding such month of
October) or, to the extent that such data are not available
to the Secretary before January of the calendar year in which
the Secretary's determination is made, then on the basis of
the most recent reliable data available to the Secretary at
the time of such determination. The Secretary of Health and
Human Services shall collect and transmit the information
required by this subparagraph to the Secretary not later than
January 1 of each year. 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 paragraph (2))
in each school district, and the Secretary is authorized to
pay (either in advance or by way of reimbursement) the
Secretary of Commerce the cost of making this special
estimate. The Secretary of Commerce shall give consideration
to any request of the chief executive of a State for the
collection of additional census information. For purposes of
this section, the Secretary shall consider all children who
are in correctional institutions to be living in institutions
for delinquent children.
``(d) State Minimum.--Notwithstanding 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 the total amount made available to
carry out this section for such fiscal year; or
``(2) the average of--
``(A) 0.25 percent of the total amount made available to
carry out this section for such fiscal year; 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 fiscal year.
``SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
``(a) Eligibility for and Amount of Grants.--
``(1) Eligibility.--
``(A) In general.--Except as otherwise provided in this
paragraph, each local educational agency in a State that 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) who are served by the agency exceeds--
``(i) 6,500; or
``(ii) 15 percent of the total number of children aged 5
through 17 served by the agency.
``(B) Minimum.--Notwithstanding section 1122, no State
shall receive under this section an amount that is less than
the lesser of--
``(i) 0.25 percent of the total amount made available to
carry out this section for such fiscal year; or
``(ii) the average of--
``(I) 0.25 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 fiscal year.
``(2) Determination.--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 amount in section 1124(a)(1)(B) for all States
except the Commonwealth of Puerto Rico, and the amount in
section 1124(a)(3) for the Commonwealth of Puerto Rico.
[[Page S3061]]
``(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
that 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) In general.--Grant amounts under this section shall
be calculated in the same manner as grant amounts are
calculated under section 1124(a) (2) and (3).
``(B) Special rule.--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 the
amount made available to the State under this section for any
fiscal year to make grants to local educational agencies that
meet the criteria in paragraph (1)(A) (i) or (ii) but that
are in ineligible counties.
``(b) Ratable Reduction Rule.--If the sums available under
subsection (a) for any fiscal year for making payments under
this section are not sufficient to pay in full the total
amounts which all States are eligible to receive under
subsection (a) for such fiscal year, the maximum amounts that
all States are eligible to receive under subsection (a) for
such fiscal year shall be ratably reduced. In the case that
additional funds become available for making such payments
for any fiscal year during which the preceding sentence is
applicable, such reduced amounts shall be increased on the
same basis as they were reduced.
``(c) States Receiving 0.25 Percent or Less.--In States
that receive 0.25 percent or less of the total amount made
available to carry out this section for a fiscal year, the
State educational agency shall allocate such funds among the
local educational agencies in the State--
``(1) in accordance with paragraphs (2) and (4) of
subsection (a); or
``(2) based on their respective concentrations and numbers
of children counted under section 1124(c), except that only
those local educational agencies with concentrations or
numbers of children counted under section 1124(c) that exceed
the statewide average percentage of such children or the
statewide average number of such children shall receive any
funds on the basis of this paragraph.
``SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Eligibility of Local Educational Agencies.--
``(1) In general.--A local educational agency in a State is
eligible to receive a targeted grant under this section for
any fiscal year if--
``(A) the number of children in the local educational
agency counted under section 1124(c), before application of
the weighted child count described in subsection (c), is at
least 10; and
``(B) if the number of children counted for grants under
section 1124(c), before application of the weighted child
count described in subsection (c), is at least 5 percent of
the total number of children aged 5 to 17 years, inclusive,
in the school district of the local educational agency.
``(2) Special rule.--For any fiscal year for which the
Secretary allocates funds under this section on the basis of
counties, 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 the Commonwealth of Puerto Rico.--
``(1) In general.--The amount of the grant that a local
educational agency in a State (other than the Commonwealth of
Puerto Rico) 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 of the grant the local educational agency
is eligible to receive under section 1124(a)(1).
``(2) Puerto rico.--For each fiscal year, the amount of the
grant the Commonwealth of Puerto Rico is eligible to receive
under this section shall be equal to the number of children
counted under subsection (c) for the Commonwealth of Puerto
Rico, multiplied by the amount determined in section
1124(a)(4) for the Commonwealth of Puerto Rico.
``(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 2 amounts
determined under subparagraphs (B) and (C).
``(B) By percentage of children.--The amount referred to in
subparagraph (A) is determined by adding--
``(i) the number of children determined under section
1124(c) for that county who constitute not more than 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 who constitute 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 who constitute 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 who constitute 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 who constitute more than
29.70 percent of such population, multiplied by 4.0.
``(C) By number of children.--The amount referred to in
subparagraph (A) is determined by adding--
``(i) the number of children determined under section
1124(c) who constitute not more than 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.
``(D) Puerto rico.--Notwithstanding subparagraph (A), the
weighting factor for the Commonwealth of Puerto Rico under
this paragraph shall not be greater than the total number of
children counted under section 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 2 amounts
determined under subparagraphs (B) and (C).
``(B) By percentage of children.--The amount referred to in
subparagraph (A) is determined by adding--
``(i) the number of children determined under section
1124(c) for that local educational agency who constitute not
more than 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 who constitute 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 who constitute 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 who constitute 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 who constitute more than
36.538 percent of such population, multiplied by 4.0.
``(C) By number of children.--The amount referred to in
subparagraph (A) is determined by adding--
``(i) the number of children determined under section
1124(c) who constitute not more than 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.
``(D) Puerto rico.--Notwithstanding subparagraph (A), the
weighting factor for the Commonwealth of 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.--Grant amounts under
this section shall be calculated in the same manner as grant
amounts are calculated under 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 not less than the lesser of--
``(1) 0.25 percent of the total amount made available to
carry out this section for such fiscal year; or
``(2) the average of--
``(A) 0.25 percent of the total amount made available to
carry out this section for such fiscal year; and
``(B) 150 percent of the national average grant under this
section per child described in section 1124(c), without
application of a weighted child count, multiplied by the
State's total number of children described in section
1124(c), without application of a weighted child count.
``SEC. 1125A. EDUCATION FINANCE INCENTIVE PROGRAM.
``(a) Grants.--From funds appropriated under subsection (e)
the Secretary is authorized to make grants to States, from
allotments under subsection (b), to carry out the purposes of
this part.
``(b) Distribution Based Upon Fiscal Effort and Equity.--
``(1) In general.--
``(A) In general.--Except as provided in subparagraph (B),
funds appropriated pursuant to subsection (e) shall be
allotted to each State based upon the number of children aged
5 to 17, inclusive, in such State multiplied by the product
of--
``(i) such State's effort factor described in paragraph
(2); multiplied by
``(ii) 1.30 minus such State's equity factor described in
paragraph (3).
``(B) Minimum.--For each fiscal year no State shall receive
under this section less than 0.25 percent of the total amount
appropriated under subsection (e) for the fiscal year.
``(2) Effort factor.--
``(A) In general.--Except as provided in subparagraph (B),
the effort factor for a State shall
[[Page S3062]]
be determined in accordance with the succeeding sentence,
except that such factor shall not be less than 0.95 nor
greater than 1.05. The effort factor determined under this
sentence shall be a fraction the numerator of which is the
product of the 3-year average per-pupil expenditure in the
State multiplied by the 3-year average per capita income in
the United States and the denominator of which is the product
of the 3-year average per capita income in such State
multiplied by the 3-year average per-pupil expenditure in the
United States.
``(B) Commonwealth of puerto rico.--The effort factor for
the Commonwealth of Puerto Rico shall be equal to the lowest
effort factor calculated under subparagraph (A) for any
State.
``(3) Equity factor.--
``(A) Determination.--
``(i) In general.--Except as provided in subparagraph (B),
the Secretary shall determine the equity factor under this
section for each State in accordance with clause (ii).
``(ii) Computation.--
``(I) In general.--For each State, the Secretary shall
compute a weighted coefficient of variation for the per-pupil
expenditures of local educational agencies in accordance with
subclauses (II), (III), (IV), and (V).
``(II) Variation.--In computing coefficients of variation,
the Secretary shall weigh the variation between per-pupil
expenditures in each local educational agency and the average
per-pupil expenditures in the State according to the number
of pupils served by the local educational agency.
``(III) Number of pupils.--In determining the number of
pupils under this paragraph served by each local educational
agency and in each State, the Secretary shall multiply the
number of children from low-income families by a factor of
1.4.
``(IV) Enrollment requirement.--In computing coefficients
of variation, the Secretary shall include only those local
educational agencies with an enrollment of more than 200
students.
``(V) Separate coefficients.--The Secretary shall compute
separate coefficients of variation for elementary schools,
secondary schools, and unified local educational agencies and
shall combine such coefficients into a single weighted
average coefficient for the State by multiplying each
coefficient by the total enrollments of the local educational
agencies in each group, adding such products, and dividing
such sum by the total enrollments of the local educational
agencies in the State.
``(B) Special rule.--The equity factor for a State that
meets the disparity standard described in section 222.162 of
title 34, Code of Federal Regulations (as such section was in
effect on the day preceding the date of enactment of the
Educational Opportunities Act) or a State with only 1 local
educational agency shall be not greater than 0.10.
``(C) Revisions.--The Secretary may revise each State's
equity factor as necessary based on the advice of independent
education finance scholars to reflect other need-based costs
of local educational agencies in addition to low-income
student enrollment, such as differing geographic costs, costs
associated with students with disabilities, children with
limited English-proficiency or other meaningful educational
needs, which deserve additional support. In addition, after
obtaining the advice of independent education finance
scholars, the Secretary may revise each State's equity factor
to incorporate other valid and accepted methods to achieve
adequacy of educational opportunity that may not be reflected
in a coefficient of variation method.
``(c) Use of Funds.--All funds awarded to each State under
this section shall be allocated to local educational agencies
and schools on a basis consistent with the distribution of
other funds to such agencies and schools under sections 1124,
1124A, and 1125 to carry out activities under this part.
``(d) Maintenance of Effort.--
``(1) In general.--Except as provided in paragraph (2), a
State is entitled to receive its full allotment of funds
under this section for any fiscal year if the Secretary finds
that either the combined fiscal effort per student or the
aggregate expenditures within the State with respect to the
provision of free public education for the fiscal year
preceding the fiscal year for which the determination is made
was not less than 90 percent of such combined fiscal effort
or aggregate expenditures for the second fiscal year
preceding the fiscal year for which the determination is
made.
``(2) Reduction of funds.--The Secretary shall reduce the
amount of funds awarded to any State under this section in
any fiscal year in the exact proportion to which the State
fails to meet the requirements of paragraph (1) by falling
below 90 percent of both the fiscal effort per student and
aggregate expenditures (using the measure most favorable to
the State), and no such lesser amount shall be used for
computing the effort required under paragraph (1) for
subsequent years.
``(3) Waivers.--The Secretary may waive, for 1 fiscal year
only, the requirements of this subsection if the Secretary
determines that such a waiver would be equitable due to
exceptional or uncontrollable circumstances such as a natural
disaster or a precipitous and unforeseen decline in the
financial resources of the State.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$200,000,000 for fiscal year 2001 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
``(a) Allocations for Neglected Children.--
``(1) In general.--If a State educational agency determines
that a local educational agency in the State is unable or
unwilling to provide for the special educational needs of
children who are living in institutions for neglected or
delinquent children as described in section 1124(c)(1)(C),
the State educational agency shall, if such agency assumes
responsibility for the special educational needs of such
children, receive the portion of such local educational
agency's allocation under sections 1124, 1124A, and 1125 that
is attributable to such children.
``(2) Special rule.--If the State educational agency does
not assume such responsibility, any other State or local
public agency that does assume such responsibility shall
receive that portion of the local educational agency's
allocation.
``(b) Allocations Among Local Educational Agencies.--The
State educational agency may allocate the amounts of grants
under sections 1124, 1124A, and 1125 among the affected local
educational agencies--
``(1) if 2 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 1 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 educational agency will use, the State
educational agency shall make the excess amount available to
other local educational agencies in the State that need
additional funds in accordance with criteria established by
the State educational agency.
``SEC. 1127. CARRYOVER AND WAIVER.
``(a) Limitation on Carryover.--Notwithstanding section 421
of the General Education Provisions Act or any other
provision of law, not more than 15 percent of the funds
allocated to a local educational agency for any fiscal year
under this subpart (but not including funds received through
any reallocation under this subpart) may remain available for
obligation by such agency for one additional fiscal year.
``(b) Waiver.--A State educational agency may, once every 3
years, waive the percentage limitation in subsection (a) if--
``(1) the agency determines that the request of a local
educational agency is reasonable and necessary; or
``(2) supplemental appropriations for this subpart become
available.
``(c) Exclusion.--The percentage limitation under
subsection (a) shall not apply to any local educational
agency that receives less than $50,000 under this subpart for
any fiscal year.''.
SEC. 120D. ESTABLISHMENT OF THE CHILD CENTERED PROGRAM.
Part A of title I (20 U.S.C. 6311 et seq.) is amended by
adding at the end the following:
``Subpart 3--Child Centered Program
``SEC. 1131. DEFINITIONS.
``In this subpart:
``(1) Eligible child.--The term `eligible child' means a
child who--
``(A) is eligible to be counted under section 1124(c); or
``(B)(i) the State or participating local educational
agency elects to serve under this subpart; and
``(ii) is a child eligible to be served under this part
pursuant to section 1115(b).
``(2) Participating local educational agency.--The term
`participating local educational agency' means a local
educational agency that elects under section 1133(b) to carry
out a child centered program under this subpart.
``(3) School.--The term `school' means an institutional day
or residential school that provides elementary or secondary
education, as determined under State law, except that such
term does not include any school that provides education
beyond grade 12.
``(4) Supplemental education services.--The term
`supplemental education services' means educational services
intended--
``(A) to meet the individual educational needs of eligible
children; and
``(B) to enable eligible children to meet challenging State
curriculum, content, and student performance standards.
``(5) Tutorial assistance providers.--The term `tutorial
assistance provider' means a public or private entity that--
``(A) has a record of effectiveness in providing tutorial
assistance to school children; or
``(B) uses instructional practices based on scientific
research.
``SEC. 1132. CHILD CENTERED PROGRAM FUNDING.
``(a) Funding.--Notwithstanding any other provision of law,
not more than 10 States and not more than 20 participating
local educational agencies may use the funds made available
under subparts 1 and 2, and shall use the funds made
available under subsection (c), to carry out a child centered
program under this subpart.
``(b) Participating Local Educational Agency Election.--
``(1) In general.--If a State does not carry out a child
centered program under this subpart or does not have an
application approved under section 1134 for a fiscal year, a
local educational agency in the State may elect to carry out
a child centered program under this subpart, and the
Secretary shall provide the funds that the local educational
agency (with an application approved under section 1134) is
eligible to receive under subparts 1 and 2, and subsection
(c), directly to the local educational agency to enable the
local educational agency to carry out the child centered
program.
``(2) Submission approval.--In order to be eligible to
carry out a child centered program
[[Page S3063]]
under this subpart a participating local educational agency
shall obtain from the State approval of the submission, but
not the contents, of the application submitted under section
1134.
``(c) Incentive Grants.--
``(1) In general.--From amounts appropriated under
paragraph (3) for a fiscal year the Secretary shall award
grants to each State, or participating local educational
agency described in subsection (b), that elects to carry out
a child centered program under this subpart and has an
application approved under section 1134, to enable the State
or participating local educational agency to carry out the
child centered program.
``(2) Amount.--Each State or participating local
educational agency that elects to carry out a child centered
program under this subpart and has an application approved
under section 1134 for a fiscal year shall receive a grant in
an amount that bears the same relation to the amount
appropriated under paragraph (3) for the fiscal year as the
amount the State or participating local educational agency
received under subparts 1 and 2 for the fiscal year bears to
the amount all States and participating local educational
agencies carrying out a child centered program under this
subpart received under subparts 1 and 2 for the fiscal year.
``(3) Authorization of appropriations.--There are
authorized to be appropriated $500,000,000 to carry out this
subsection for fiscal year 2000 and each of the 4 succeeding
fiscal years.
``SEC. 1133. CHILD CENTERED PROGRAM REQUIREMENTS.
``(a) Uses.--Each State or participating local educational
agency with an application approved under section 1134 shall
use funds made available under subparts 1 and 2, and
subsection (c), to carry out a child centered program under
which--
``(1) the State or participating local educational agency
establishes a per pupil amount based on the number of
eligible children in the State or the school district served
by the participating local educational agency; and
``(2) the State or participating local educational agency
may vary the per pupil amount to take into account factors
that may include--
``(A) variations in the cost of providing supplemental
education services in different parts of the State or the
school district served by the participating local educational
agency;
``(B) the cost of providing services to pupils with
different educational needs; or
``(C) the desirability of placing priority on selected
grades; and
``(3) in the case of a child centered program for eligible
children at a public school, the State or the participating
local educational agency makes available, not later than 3
months after the beginning of the school year, the per pupil
amount determined under paragraphs (1) and (2) to the public
school in which an eligible child is enrolled, which per
pupil amount shall be used for supplemental education
services for the eligible child that are--
``(A) subject to subparagraph (B), provided by the school
directly or through the provision of supplemental education
services with any governmental or nongovernmental agency,
school, postsecondary educational institution, or other
entity, including a private organization or business; or
``(B) if directed by the parent of an eligible child,
provided by the school or local educational agency through a
school-based program or through the provision of supplemental
education services with a tutorial service provider, and in
the case that a parent directs that the services be provided
through a tutorial assistance provider, the school or local
educational agency shall ensure that the provider selected by
the parent is reimbursed (not to exceed the per pupil amount)
for their tutorial services following notification to the
school or local educational agency by the parent that those
services were provided in a satisfactory manner.
``(b) Schoolwide Programs.--
``(1) In general.--In the case of a public school in which
50 percent of the students enrolled in the school are
eligible children, the public school may use funds provided
under this subpart, in combination with other Federal, State,
and local funds, to carry out a schoolwide program to upgrade
the entire educational program in the school.
``(2) Plan.--If the public school elects to use funds
provided under this part in accordance with paragraph (1),
and does not have a plan approved by the Secretary under
section 1114(b)(2), the public school shall develop and adopt
a comprehensive plan for reforming the entire educational
program of the public school that--
``(A) incorporates--
``(i) strategies for improving achievement for all children
to meet the State's proficient and advanced levels of
performance described in section 1111(b);
``(ii) instruction by highly qualified staff;
``(iii) professional development for teachers and aides in
content areas in which the teachers or aides provide
instruction and, where appropriate, professional development
for pupil services personnel, parents, and principals, and
other staff to enable all children in the school to meet the
State's student performance standards; and
``(iv) activities to ensure that eligible children who
experience difficulty mastering any of the standards
described in section 1111(b) during the course of the school
year shall be provided with effective, timely additional
assistance;
``(B) describes the school's use of funds provided under
this subpart and from other sources to implement the
activities described in subparagraph (A);
``(C) includes a list of State and local educational agency
programs and other Federal programs that will be included 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 an eligible child who
participates in the assessment; and
``(E) describes how and where the school will obtain
technical assistance services and a description of such
services.
``(3) Special rule.--In the case of a public school
operating a schoolwide program under this subsection, the
Secretary may, through publication of a notice in the Federal
Register, exempt child centered programs under this section
from statutory or regulatory requirements of any other
noncompetitive formula grant program administered by the
Secretary, or any discretionary grant program administered by
the Secretary (other than formula or discretionary grant
programs under the Individuals with Disabilities Education
Act), to support the schoolwide program, if the intent and
purposes of such other noncompetitive or discretionary
programs are met.
``(c) Private School Children.--A State or participating
local educational agency carrying out a child centered
program under this subpart shall ensure that eligible
children who are enrolled in a private school receive
supplemental education services in the same manner as such
services are provided under section 1120.
``(d) Open Enrollment.--
``(1) In general.--In order to be eligible to carry out a
child centered program under this subpart a State or
participating local educational agency shall operate a
statewide or school district wide, respectively, open
enrollment program that permits parents to enroll their child
in any public school in the State or school district,
respectively, if space is available in the public school and
the child meets the qualifications for attendance at the
public school.
``(2) Waiver.--The Secretary may waive paragraph (1) for a
State or participating local educational agency if the State
or agency, respectively, demonstrates that parents served by
the State or agency, respectively--
``(A) have sufficient options to enroll their child in
multiple public schools; or
``(B) will have sufficient options to use the per pupil
amount made available under this subpart to purchase
supplemental education services from multiple tutorial
assistance providers or schools.
``(e) Parent Involvement.--
``(1) In general.--Any public school receiving funds under
this subpart shall convene an annual meeting at a convenient
time. All parents of eligible children shall be invited and
encouraged to attend the meeting, in order to explain to the
parents the activities assisted under this subpart and the
requirements of this subpart. At the meeting, the public
school shall explain to parents how the school will use funds
provided under this subpart to enable eligible children
enrolled at the school to meet challenging State curriculum,
content, and student performance standards. In addition, the
public school shall inform parents of their right to choose
to have supplemental education services provided under this
subpart to an eligible child through a school-based program
or a tutorial assistance provider.
``(2) Information.--Any public school receiving funds under
this subpart shall provide to parents a description and
explanation of the curriculum in use at the school, the forms
of assessment used to measure student progress, and the
proficiency levels students are expected to meet.
``SEC. 1134. APPLICATION.
``(a) In General.--Each State or participating local
educational agency desiring to carry out a child centered
program 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. Each such
application shall contain--
``(1) a detailed description of the program to be assisted,
including an assurance that--
``(A) the per pupil amount established under section
1133(a) will follow each eligible child described in that
section to the school or tutorial assistance provider of the
parent's choice;
``(B) funds made available under this subpart will be spent
in accordance with the requirements of this subpart; and
``(C) parents have the option to select to have their child
receive the supplemental education services from multiple
tutorial assistance providers and schools;
``(2) an assurance that the State or participating local
educational agency will publish in a widely read or
distributed medium an annual report card that contains--
``(A) information regarding the academic progress of all
students served by the State or participating local
educational agency in meeting State standards, including
students assisted under this subpart, with results
disaggregated by race, family income, and limited English
proficiency, if such disaggregation can be performed in a
statistically sound manner; and
``(B) such other information as the State or participating
local educational agency may require;
``(3) a description of how the State or participating local
educational agency will make available, to parents of
children participating in the child centered program, annual
school report cards, with results disaggregated by race,
family income, and limited English proficiency, for schools
in the State or in the school district of the participating
local educational agency;
``(4) in the case of an application from a participating
local educational agency, an assurance that the participating
local educational agency has notified the State regarding the
submission of the application;
``(5) a description of specific measurable objectives for
improving the student performance of students served under
this subpart;
[[Page S3064]]
``(6) a description of the process by which the State or
participating local educational agency will measure progress
in meeting the objectives;
``(7)(A) in the case of an application from a State, an
assurance that the State meets the requirements of
subsections (a), (b) and (f) of section 1111 as applied to
activities assisted under this subpart; and
``(B) in the case of an application from a participating
local educational agency, an assurance that the State's
application under section 1111 met the requirements of
subsections (a), (b) and (f) of such section; and
``(8) an assurance that each local educational agency
serving a school that receives funds under this subpart will
meet the requirements of subsections (a) and (c) of section
1116 as applied to activities assisted under this subpart.
``SEC. 1135. ADMINISTRATIVE PROVISIONS.
``(a) Program Duration.--A State or participating local
educational agency shall carry out a child centered program
under this subpart for a period of 5 years.
``(b) Administrative Costs.--A State may reserve 2 percent
of the funds made available to the State under this subpart,
and a participating local educational agency may reserve 5
percent of the funds made available to the participating
local educational agency under this subpart, to pay the costs
of administrative expenses of the child centered program. The
costs may include costs of providing technical assistance to
schools receiving funds under this subpart, in order to
increase the opportunity for all students in the schools to
meet the State's content standards and student performance
standards. The technical assistance may be provided directly
by the State educational agency, local educational agency,
or, with a local educational agency's approval, by an
institution of higher education, by a private nonprofit
organization, by an educational service agency, by a
comprehensive regional assistance center, or by another
entity with experience in helping schools improve student
achievement.
``(c) Reports.--
``(1) Annual reports.--
``(A) In general.--The State educational agency serving
each State, and each participating local educational agency,
carrying out a child centered program under this subpart
shall submit to the Secretary an annual report, that is
consistent with data provided under section 1134(a)(2)(A),
regarding the performance of eligible children receiving
supplemental education services under this subpart.
``(B) Data.--Not later than 2 years after establishing a
child centered program under this subpart and each year
thereafter, each State or participating local educational
agency shall include in the annual report data on student
achievement for eligible children served under this subpart
with results disaggregated by race, family income, and
limited English proficiency, demonstrating the degree to
which measurable progress has been made toward meeting the
objectives described in section 1134(a)(5).
``(C) Data assurances.--Each annual report shall include--
``(i) an assurance from the managers of the child centered
program that data used to measure student achievement under
subparagraph (B) is reliable, complete, and accurate, as
determined by the State or participating local educational
agency; or
``(ii) a description of a plan for improving the
reliability, completeness, and accuracy of such data as
determined by the State or participating local educational
agency.
``(2) Secretary's report.--The Secretary shall make each
annual report available to Congress, the public, and the
Comptroller General of the United States (for purposes of the
evaluation described in section 1136).
``(d) Termination.--Three years after the date a State or
participating local educational agency establishes a child
centered program under this subpart the Secretary shall
review the performance of the State or participating local
educational agency in meeting the objectives described in
section 1134(a)(5). The Secretary, after providing notice and
an opportunity for a hearing, may terminate the authority of
the State or participating local educational agency to
operate a child centered program under this subpart if the
State or participating local educational agency submitted
data that indicated the State or participating local
educational agency has not made any progress in meeting the
objectives.
``(e) Treatment of Amounts Received.--The per pupil amount
provided under this subpart for an eligible child shall not
be treated as income of the eligible child or the parent of
the eligible child for purposes of Federal tax laws, or for
determining the eligibility for or amount of any other
Federal assistance.
``SEC. 1136. EVALUATION.
``(a) Annual Evaluation.--
``(1) Contract.--The Comptroller General of the United
States shall enter into a contract, with an evaluating entity
that has demonstrated experience in conducting evaluations,
for the conduct of an ongoing rigorous evaluation of child
centered programs under this subpart.
``(2) Annual evaluation requirement.--The contract
described in paragraph (1) shall require the evaluating
entity entering into such contract to annually evaluate each
child centered program under this subpart in accordance with
the evaluation criteria described in subsection (b).
``(3) Transmission.--The contract described in paragraph
(1) shall require the evaluating entity entering into such
contract to transmit to the Comptroller General of the United
States the findings of each annual evaluation under paragraph
(2).
``(b) Evaluation Criteria.--The Comptroller General of the
United States, in consultation with the Secretary, shall
establish minimum criteria for evaluating the child centered
programs under this subpart. Such criteria shall provide for
a description of--
``(1) the implementation of each child centered program
under this subpart;
``(2) the effects of the programs on the level of parental
participation and satisfaction with the programs; and
``(3) the effects of the programs on the educational
achievement of eligible children participating in the
programs.
``SEC. 1137. REPORTS.
``(a) Reports by Comptroller General.--
``(1) Interim reports.--Three years after the date of
enactment of this subpart the Comptroller General of the
United States shall submit an interim report to Congress on
the findings of the annual evaluations under section
1136(a)(2) for each child centered program assisted under
this subpart. The report shall contain a copy of the annual
evaluation under section 1136(a)(2) of each child centered
program under this subpart.
``(2) Final report.--The Comptroller General shall submit a
final report to Congress, not later than March 1, 2006, that
summarizes the findings of the annual evaluations under
section 1136(a)(2).''.
``SEC. 1138. LIMITATION ON CONDITIONS; PREEMPTION.
``Nothing in this subpart shall be construed--
``(1) to authorize or permit 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 subpart; and
``(2) to preempt any provision of a State constitution or
State statute that pertains to the expenditure of State funds
in or by religious institutions.''.
PART B--EVEN START FAMILY LITERACY PROGRAMS
SEC. 121. EVEN START FAMILY LITERACY PROGRAMS.
(a) Program Authorized.--
(1) Reservation for migrant programs, outlying areas, and
indian tribes.--Section 1202(a) (20 U.S.C. 6362(a)) is
amended--
(A) in paragraph (1), by inserting ``(or, if such
appropriated amount exceeds $250,000,000, 6 percent of such
amount)'' after ``1002(b)'';
(B) in paragraph (2), by striking ``If the amount of funds
made available under this subsection exceeds $4,600,000,''
and inserting ``After the date of the enactment of the
Educational Opportunities Act,''; and
(C) by adding at the end the following:
``(3) Coordination of programs for american indians.--The
Secretary shall ensure that programs under paragraph (1)(C)
are coordinated with family literacy programs operated by the
Bureau of Indian Affairs in order to avoid duplication and to
encourage the dissemination of information on high-quality
family literacy programs serving American Indians.''.
(2) Reservation for federal activities.--Section 1202(b)
(20 U.S.C. 6362(b)) is amended to read as follows:
``(b) Reservation for Federal Activities.--
``(1) Evaluation, technical assistance, program
improvement, and replication activities.--From amounts
appropriated under section 1002(b), the Secretary may reserve
not more than 3 percent of such amounts or the amount
reserved to carry out the activities described in paragraphs
(1) and (2) of subsection (a) for the fiscal year 1994,
whichever is greater, for purposes of--
``(A) carrying out the evaluation required by section 1209;
and
``(B) providing, through grants or contracts with eligible
organizations, technical assistance, program improvement, and
replication activities.
``(2) Research.--In the case of fiscal years 2001 through
2005, if the amounts appropriated under section 1002(b) for
any of such years exceed such amounts appropriated for the
preceding fiscal year, the Secretary shall reserve from such
excess amount $2,000,000 or 50 percent, whichever is less, to
carry out section 1211.''.
(3) Reservation for grants.--Section 1202(c) (20 U.S.C.
6362(c)) is amended--
(A) in the subsection heading, by striking ``for Grants''
and inserting ``for Statewide Family Literacy Initiatives'';
and
(B) by striking ``From funds reserved under section
2260(b)(3), the Secretary shall'' and inserting ``From funds
appropriated under section 1002(b) for any fiscal year, the
Secretary may''.
(c) State Plan.--Part B of title I (20 U.S.C. 6361 et seq.)
is amended by inserting after section 1202 (20 U.S.C. 6362)
the following:
``SEC. 1202A. STATE PLAN.
``(a) Contents.--Each State that desires to receive a grant
under this part shall submit a plan to the Secretary
containing such budgetary and other information as the
Secretary may require. Each plan shall--
``(1) include the State's indicators of program quality
developed under section 1210, or if the State has not
completed work on those indicators, describe the State's
progress in developing the indicators;
``(2) describe how the State is using, or will use, the
indicators to monitor, evaluate, and improve projects the
State assists under this part, and to decide whether to
continue to assist those projects;
``(3) describe how the State will help each program
assisted under this part ensure the full implementation of
the program elements described in section 1205, including how
the State will encourage local programs to use technology,
such as distance learning, to improve program access and the
intensity of services, especially for isolated populations;
[[Page S3065]]
``(4) describe how the State will conduct competition for
subgrants, including the application of the criteria
described in section 1208; and
``(5) describe how the State will coordinate resources,
especially among State agencies, to improve family literacy
services in the State.
``(b) Duration.--Each State plan shall--
``(1) be submitted for the first year for which this part
is in effect after the date of enactment of the Educational
Opportunities Act;
``(2) remain in effect for the duration of the State's
participation under this part; and
``(3) be periodically reviewed and revised by the State, as
necessary.''.
(d) Uses of Funds.--Section 1204 (20 U.S.C. 6364) is
amended--
(1) in subsection (b)(1)(A)--
(A) in clause (iv), by striking ``and'' after the
semicolon; and
(B) by striking clause (v) and inserting the following:
``(v) 50 percent in the fifth, sixth, seventh, and eighth
such years; and
``(vi) 35 percent in any subsequent such year.''; and
(2) by adding at the end the following:
``(c) Use of Funds for Family Literacy Services.--
``(1) In general.--A State may use a portion of funds
received under this part to assist eligible entities
receiving a subgrant under section 1203(b) in improving the
quality of family literacy services provided under Even Start
programs under this part, except that in no case may a
State's use of funds for this purpose for a fiscal year
result in a decrease from the level of activities and
services provided to program participants in the preceding
year.
``(2) Priority.--In carrying out paragraph (1), a State
shall give priority to programs that were of low quality, as
evaluated based on the indicators of program quality
developed by the State under section 1210.
``(3) Technical assistance and training.--Assistance under
paragraph (1) shall be in the form of technical assistance
and training, provided by a State through a grant, contract,
or cooperative agreement with an entity that has experience
in offering high quality training and technical assistance to
family literacy providers.''.
(e) Program Elements.--Section 1205 (20 U.S.C. 6365) is
amended--
(1) by amending paragraph (4) to read as follows:
``(4) provide high-quality, intensive family literacy
services using instructional approaches that the best
available research on reading indicates will be most
effective in building adult literacy and children's language
development and reading ability;'';
(2) by amending paragraph (7) to read as follows:
``(7) use methods that ensure that participating families
successfully complete the program, including--
``(A) operating a year-round program, including continuing
to provide some instructional services for participants
during the summer months;
``(B) providing developmentally appropriate educational
services for at least a 3-year age range of children;
``(C) encouraging participating families to regularly
attend and remain in the program for a sufficient time to
meet their program goals; and
``(D) promoting the continuity of family literacy services
across critical points in the lives of children and their
parents so that those individuals can retain and improve
their educational outcomes;'';
(3) by amending paragraph (10) to read as follows:
``(10) provide for an independent evaluation of the program
to be used for program improvement.'';
(4) by redesignating paragraphs (9) and (10) (as so
amended) as paragraphs (10) and (11), respectively; and
(5) by inserting after paragraph (8) the following:
``(9) use instructional programs based on scientifically
based reading research (as defined in section 2252) for
children and, to the extent such research is available, for
adults;''.
(f) Eligible Participants.--Section 1206(b) (20 U.S.C.
6366(b)) is amended by adding at the end the following:
``(3) Children 8 years of age or older.--If an Even Start
program assisted under this part collaborates with a program
under part A, and funds received under such part A program
contribute to paying the cost of providing programs under
this part to children 8 years of age or older, the Even Start
program, notwithstanding subsection (a)(2), may permit the
participation of children 8 years of age or older.''.
(g) Application.--
(1) Plan.--Section 1207(c)(1)(F) (20 U.S.C. 6367(c)(1)(F))
is amended--
(A) by striking ``Act, the Goals 2000: Educate America
Act,'' and inserting ``Act''; and
(B) by striking ``14306'' and inserting ``6506''.
(2) Consolidated application.--Section 1207(d) (20 U.S.C.
6367(d)) is amended by striking ``14302'' and inserting
``6502''.
(h) Award of Subgrants.--
(1) Review panel.--The matter preceding subparagraph (A) of
section 1208(a)(3) (20 U.S.C. 6368(a)(3)) is amended--
(A) by inserting ``and one individual with expertise in
family literacy programs.'' after ``education
professional,''; and
(B) by striking ``and one or more of the following
individuals:'' and inserting ``The review panel may include
other individuals such as one or more of the following:''.
(2) Continuing eligibility; federal share.--Section 1208(b)
(20 U.S.C. 6368(b)) is amended--
(A) by striking paragraph (3) and inserting the following:
``(3) Continuing eligibility.--In awarding subgrant funds
to continue a program under this part after the first year,
the State educational agency shall review the progress of
each eligible entity in meeting the goals of the program
referred to in section 1207(c)(1)(A) and shall evaluate the
program based on the indicators of program quality developed
by the State under section 1210.''; and
(B) in paragraph (5)--
(i) in subparagraph (A), by striking the last sentence; and
(ii) by amending subparagraph (B) to read as follows:
``(B) The Federal share of any subgrant renewed under
subparagraph (A) shall be limited in accordance with section
1204(b).''.
(i) Indicators of Program Quality.--Section 1210 (20 U.S.C.
6369a) is amended--
(1) in the matter preceding paragraph (1), by striking
``Each'' and inserting ``Not later than September 30, 2000,
each''; and
(2) by adding at the end the following:
``(3) With respect to a program's implementation of high-
quality, intensive family literacy services, specific levels
of intensity of those services and the duration of
individuals' participation that are necessary to result in
the outcomes described in paragraphs (1) and (2), which
levels the State periodically shall review and revise as
needed to achieve those outcomes.''.
(j) Research.--Section 1211 (20 U.S.C. 6369b) is amended to
read as follows:
``SEC. 1211. RESEARCH.
``(a) In General.--From amounts reserved under section
1202(b)(2), the Secretary, in consultation with the National
Institute for Literacy and other appropriate organizations,
may carry out, directly or through grants or contracts,
research on family literacy services, including--
``(1) scientifically based research on the development of
reading and literacy in young children;
``(2) the most effective ways of improving the literacy
skills of adults with reading difficulties; and
``(3) how family literacy services can best provide parents
with the knowledge and skills the parents need to support
their children's literacy development.
``(b) Dissemination.--The Secretary shall ensure the
dissemination, through the National Institute for Literacy
and other appropriate means, of the results of the research
conducted under subsection (a).''.
PART C--EDUCATION OF MIGRATORY CHILDREN
SEC. 131. PROGRAM PURPOSE.
Section 1301 (20 U.S.C. 6391) is amended--
(1) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (7), respectively;
(2) by inserting after paragraph (1) the following:
``(2) ensure that migratory children who move among the
States are not penalized in any manner by disparities among
the States in curriculum, graduation requirements, and State
student performance and content standards;'';
(3) in paragraph (5) (as so redesignated), by striking
``and'' after the semicolon;
(4) in paragraph (6) (as so redesignated), by striking the
period and inserting ``; and''; and
(5) by adding at the end the following:
``(7) ensure that migratory children receive full and
appropriate opportunities to meet the same challenging State
content and student performance standards that all children
are expected to meet.''.
SEC. 132. STATE APPLICATION.
Section 1304 (20 U.S.C. 6394) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``a comprehensive'' and
all that follows through ``1306;'' and inserting ``the full
range of services that are available for migratory children
from appropriate local, State, and Federal educational
programs;'';
(B) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively; and
(C) by inserting after paragraph (1) the following:
``(2) a description of joint planning efforts that will be
made with respect to programs assisted under this Act, local,
State, and Federal programs, and bilingual education programs
under part A of title VII;''; and
(2) in subsection (c), by amending paragraph (3) to read as
follows:
``(3) in the planning and operation of programs and
projects at both the State and local agency operating level
there is consultation with parent advisory councils for
programs of one school year in duration, and that all such
programs and projects are carried out--
``(A) in a manner consistent with section 1118 unless
extraordinary circumstances make implementation with such
section impractical; and
``(B) in a format and language understandable to the
parents;''.
SEC. 133. COMPREHENSIVE PLAN.
Section 1306(a)(1) (20 U.S.C. 6396(a)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``the Goals 2000: Educate America Act,'';
and
(B) by striking ``14306'' and inserting ``6506''; and
(2) in subparagraph (B), by striking ``14302;'' and
inserting ``6502, if--
``(i) the special needs of migratory children are
specifically addressed in the comprehensive State plan;
``(ii) the comprehensive State plan is developed in
collaboration with parents of migratory children; and
``(iii) the comprehensive State planning is not used to
supplant State efforts regarding, or administrative funding
for, this part;''.
SEC. 134. COORDINATION.
Section 1308 (20 U.S.C. 6398) is amended--
[[Page S3066]]
(1) by amending subsection (b) to read as follows:
``(b) Access to Information on Migrant Students.--
``(1) National system.--(A) The Secretary shall establish a
national system for electronically exchanging, among the
States, health and educational information regarding all
students served under this part. Such information shall
include--
``(i) immunization records and other health information;
``(ii) elementary and secondary academic history (including
partial credit), credit accrual, and results from State
assessments required under this title;
``(iii) other academic information essential to ensuring
that migrant children achieve to high standards; and
``(iv) eligibility for services under the Individuals with
Disabilities Education Act.
``(B) The Secretary shall publish, not later than 120 days
after the date of enactment of the Educational Opportunities
Act, a notice in the Federal Register seeking public comment
on the proposed data elements that each State receiving funds
under this part shall be required to collect for purposes of
electronic transfer of migrant student information, the
requirements for immediate electronic access to such
information, and the educational agencies eligible to access
such information.
``(C) Such system of electronic access to migrant student
information shall be operational not later than 1 year after
the date of enactment of the Educational Opportunities Act.
``(D) For the purpose of carrying out this subsection in
any fiscal year, the Secretary shall reserve not more than
$10,000,000 of the amount appropriated to carry out this part
for such year.
``(2) Report to congress.--(A) Not later than April 30,
2002, the Secretary shall 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 the Secretary's findings and recommendations
regarding services under this part, and shall include in this
report, recommendations for the interim measures that may be
taken to ensure continuity of services under this part.
``(B) The Secretary shall assist States in developing
effective methods for the transfer of student records and in
determining the number of students or full-time equivalent
students in each State if such interim measures are
required.''.
(2) in subsection (c), by striking ``$6,000,000'' and
inserting ``$10,000,000'';
(3) in subsection (d)(1), by striking ``$1,500,000'' and
inserting ``$3,000,000''; and
(4) by adding at the end the following:
``(e) Data Collection.--The Secretary shall direct the
National Center for Education Statistics to collect data on
migratory children.''.
PART D--PARENTAL ASSISTANCE
SEC. 141. PARENTAL ASSISTANCE.
Part D of title I (20 U.S.C. 6421 et seq.) is amended to
read as follows:
``PART D--PARENTAL ASSISTANCE
``SEC. 1401. PARENTAL INFORMATION AND RESOURCE CENTERS.
``(a) Purpose.--The purpose of this part is--
``(1) to provide leadership, technical assistance, and
financial support to nonprofit organizations and local
educational agencies to help the organizations and agencies
implement successful and effective parental involvement
policies, programs, and activities that lead to improvements
in student performance;
``(2) to strengthen partnerships among parents (including
parents of preschool age children), teachers, principals,
administrators, and other school personnel in meeting the
educational needs of children;
``(3) to develop and strengthen the relationship between
parents and the school;
``(4) to further the developmental progress primarily of
children assisted under this part; and
``(5) to coordinate activities funded under this part with
parental involvement initiatives funded under section 1118
and other provisions of this Act.
``(b) Grants Authorized.--
``(1) In general.--The Secretary is authorized to award
grants in each fiscal year to nonprofit organizations, and
nonprofit organizations in consortia with local educational
agencies, to establish school-linked or school-based parental
information and resource centers that provide training,
information, and support to--
``(A) parents of children enrolled in elementary schools
and secondary schools;
``(B) individuals who work with the parents described in
subparagraph (A); and
``(C) State educational agencies, local educational
agencies, schools, organizations that support family-school
partnerships (such as parent-teacher associations), and other
organizations that carry out parent education and family
involvement programs.
``(2) Award rule.--In awarding grants under this part, the
Secretary shall ensure that such grants are distributed in
all geographic regions of the United States.
``SEC. 1402. APPLICATIONS.
``(a) Grants Applications.--
``(1) In general.--Each nonprofit organization or nonprofit
organization in consortium with a local educational agency
that desires a grant under this part shall submit an
application to the Secretary at such time and in such manner
as the Secretary shall require.
``(2) Contents.--Each application submitted under paragraph
(1), at a minimum, shall include assurances that the
organization or consortium will--
``(A)(i) be governed by a board of directors the membership
of which includes parents; or
``(ii) be an organization or consortium that represents the
interests of parents;
``(B) establish a special advisory committee the membership
of which includes--
``(i) parents described in section 1401(b)(1)(A);
``(ii) representatives of education professionals with
expertise in improving services for disadvantaged children;
and
``(iii) representatives of local elementary schools and
secondary schools who may include students and
representatives from local youth organizations;
``(C) use at least \1/2\ of the funds provided under this
part in each fiscal year to serve areas with high
concentrations of low-income families in order to serve
parents who are severely educationally or economically
disadvantaged;
``(D) operate a center of sufficient size, scope, and
quality to ensure that the center is adequate to serve the
parents in the area;
``(E) serve both urban and rural areas;
``(F) design a center that meets the unique training,
information, and support needs of parents described in
section 1401(b)(1)(A), particularly such parents who are
educationally or economically disadvantaged;
``(G) demonstrate the capacity and expertise to conduct the
effective training, information and support activities for
which assistance is sought;
``(H) network with--
``(i) local educational agencies and schools;
``(ii) parents of children enrolled in elementary schools
and secondary schools;
``(iii) parent training and information centers assisted
under section 682 of the Individuals with Disabilities
Education Act;
``(iv) clearinghouses; and
``(v) other organizations and agencies;
``(I) focus on serving parents described in section
1401(b)(1)(A) who are parents of low-income, minority, and
limited English proficient, children;
``(J) use part of the funds received under this part to
establish, expand, or operate Parents as Teachers programs or
Home Instruction for Preschool Youngsters programs;
``(K) provide assistance to parents in such areas as
understanding State and local standards and measures of
student and school performance; and
``(L) work with State and local educational agencies to
determine parental needs and delivery of services.
``(b) Grant Renewal.--For each fiscal year after the first
fiscal year an organization or consortium receives assistance
under this part, the organization or consortium shall
demonstrate in the application submitted for such fiscal year
after the first fiscal year that a portion of the services
provided by the organization or consortium is supported
through non-Federal contributions, which contributions may be
in cash or in kind.
``SEC. 1403. USES OF FUNDS.
``(a) In General.--Grant funds received under this part
shall be used--
``(1) to assist parents in participating effectively in
their children's education and to help their children meet
State and local standards, such as assisting parents--
``(A) to engage in activities that will improve student
performance, including understanding the accountability
systems in place within their State educational agency and
local educational agency and understanding their children's
educational performance in comparison to State and local
standards;
``(B) to provide followup support for their children's
educational achievement;
``(C) to communicate effectively with teachers, principals,
counselors, administrators, and other school personnel;
``(D) to become active participants in the development,
implementation, and review of school-parent compacts, parent
involvement policies, and school planning and improvement;
``(E) to participate in the design and provision of
assistance to students who are not making adequate
educational progress;
``(F) to participate in State and local decisionmaking; and
``(G) to train other parents;
``(2) to obtain information about the range of options,
programs, services, and resources available at the national,
State, and local levels to assist parents and school
personnel who work with parents;
``(3) to help the parents learn and use the technology
applied in their children's education;
``(4) to plan, implement, and fund activities for parents
that coordinate the education of their children with other
Federal programs that serve their children or their families;
and
``(5) to provide support for State or local educational
personnel if the participation of such personnel will further
the activities assisted under the grant.
``(b) Permissive Activities.--Grant funds received under
this part may be used to assist schools with activities such
as--
``(1) developing and implementing their plans or activities
under sections 1118 and 1119; and
``(2) developing and implementing school improvement plans,
including addressing problems that develop in the
implementation of sections 1118 and 1119.
``(3) providing information about assessment and individual
results to parents in a manner and a language the family can
understand;
``(4) coordinating the efforts of Federal, State, and local
parent education and family involvement initiatives; and
``(5) providing training, information, and support to--
``(A) State educational agencies;
``(B) local educational agencies and schools, especially
those local educational agencies and schools that are low
performing; and
``(C) organizations that support family-school
partnerships.
[[Page S3067]]
``(c) Grandfather Clause.--The Secretary shall use funds
made available under this part to continue to make grant or
contract payments to each entity that was awarded a multiyear
grant or contract under title IV of the Goals 2000: Educate
America Act (as such title was in effect on the day before
the date of enactment of the Educational Opportunities Act)
for the duration of the grant or contract award.
``SEC. 1404. TECHNICAL ASSISTANCE.
``The Secretary shall provide technical assistance, by
grant or contract, for the establishment, development, and
coordination of parent training, information, and support
programs and parental information and resource centers.
``SEC. 1405. REPORTS.
``(a) Information.--Each organization or consortium
receiving assistance under this part shall submit to the
Secretary, on an annual basis, information concerning the
parental information and resource centers assisted under this
part, including--
``(1) the number of parents (including the number of
minority and limited English proficient parents) who receive
information and training;
``(2) the types and modes of training, information, and
support provided under this part;
``(3) the strategies used to reach and serve parents of
minority and limited English proficient children, parents
with limited literacy skills, and other parents in need of
the services provided under this part;
``(4) the parental involvement policies and practices used
by the center and an evaluation of whether such policies and
practices are effective in improving home-school
communication, student achievement, student and school
performance, and parental involvement in school planning,
review, and improvement; and
``(5) the effectiveness of the activities that local
educational agencies and schools are carrying out with regard
to parental involvement and other activities assisted under
this Act that lead to improved student achievement and
improved student and school performance.
``(b) Dissemination.--The Secretary annually shall
disseminate, widely to the public and to Congress, the
information that each organization or consortium submits
under subsection (a) to the Secretary.
``SEC. 1406. GENERAL PROVISIONS.
``Notwithstanding any other provision of this part--
``(1) no person, including a parent who educates a child at
home, a public school parent, or a private school parent,
shall be required to participate in any program of parent
education or developmental screening pursuant to the
provisions of this part; and
``(2) no program or center assisted under this part shall
take any action that infringes in any manner on the right of
a parent to direct the education of their children.''.
PART E--GENERAL PROVISIONS; COMPREHENSIVE SCHOOL REFORM; ASSISTANCE TO
ADDRESS SCHOOL DROPOUT PROBLEMS
SEC. 151. GENERAL PROVISIONS; COMPREHENSIVE SCHOOL REFORM;
ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS.
Part A of title I (20 U.S.C. 6311) is amended--
(1) by redesignating part F as part H;
(2) by redesignating sections 1601 through 1604 as sections
1901 through 1904, respectively; and
(3) by inserting after part E the following:
``PART F--COMPREHENSIVE SCHOOL REFORM
``SEC. 1601. PURPOSE.
``The purpose of this part is to provide financial
incentives for schools to develop comprehensive school
reforms based upon promising and effective practices and
research-based programs that emphasize basic academics and
parental involvement so that all children can meet
challenging State content and student performance standards.
``SEC. 1602. PROGRAM AUTHORIZATION.
``(a) Program Authorized.--
``(1) In general.--The Secretary is authorized to award
grants to State educational agencies, from allotments under
paragraph (2), to enable the State educational agencies to
award subgrants to local educational agencies to carry out
the purpose described in section 1601.
``(2) Allotments.--
``(A) Reservations.--Of the amount appropriated under
section 1002(h) for a fiscal year, the Secretary may
reserve--
``(i) not more than 1 percent to provide assistance to
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 according to
their respective needs for assistance under this part; and
``(ii) not more than 1 percent to conduct national
evaluation activities described in section 1607.
``(B) In general.--Of the amount appropriated under section
1002(h) that remains after making the reservation under
subparagraph (A) for a fiscal year, the Secretary shall allot
to each State for the fiscal year an amount that bears the
same ratio to the remainder 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 made
available under section 1124 to all States for that year.
``(C) Reallotment.--If a State does not apply for funds
under this section, the Secretary shall reallot such funds to
other States that do not apply in proportion to the amount
allotted to such other States under subparagraph (B).
``SEC. 1603. STATE APPLICATIONS.
``(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 information as the Secretary may
reasonably require.
``(b) Contents.--Each such application shall describe--
``(1) 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;
``(2) how the State educational agency will ensure that
only comprehensive school reforms that are based on promising
and effective practices and research-based programs receive
funds under this part;
``(3) how the State educational agency will disseminate
information on comprehensive school reforms that are based on
promising and effective practices and research-based
programs;
``(4) how the State educational agency will evaluate the
implementation of such reforms and measure the extent to
which the reforms have resulted in increased student academic
performance; and
``(5) how the State educational agency will make available
technical assistance to a local educational agency or
consortia of local educational agencies in evaluating,
developing, and implementing comprehensive school reform.
``SEC. 1604. STATE USE OF FUNDS.
``(a) In General.--Except as provided in subsection (e), a
State educational agency that receives a grant under this
part shall use the grant funds to award subgrants, on a
competitive basis, to local educational agencies or consortia
of local educational agencies in the State that receive funds
under part A.
``(b) Subgrant Requirements.--A subgrant to a local
educational agency or consortium shall be--
``(1) 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 or consortium;
``(2) in an amount not less than $50,000 for each
participating school; and
``(3) renewable for 2 additional 1-year periods after the
initial 1-year grant is made if the school is making
substantial progress in the implementation of reforms.
``(c) Priority.--A State educational agency, in awarding
subgrants under this part, shall give priority to local
educational agencies or consortia that--
``(1) plan to use the funds in schools identified as being
in need of improvement or corrective action under section
1116(c); and
``(2) 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 awarding subgrants under
this part, the State educational agency shall take into
consideration the equitable distribution of subgrants to
different geographic regions within the State, including
urban and rural areas, and to schools serving elementary
school and secondary students.
``(e) Administrative Costs.--A State educational agency
that receives a grant under this part may reserve not more
than 5 percent of the grant funds for administrative,
evaluation, and technical assistance expenses.
``(f) Supplement.--Funds made available under this part
shall be used to supplement, and not supplant, any other
Federal, State, or local funds that would otherwise be
available to carry out the activities assisted under this
part.
``(g) Reporting.--Each State educational agency that
receives a grant under this part shall provide to the
Secretary such information as the Secretary may require,
including the names of local educational agencies and schools
receiving assistance under this part, the amount of the
assistance, and a description of the comprehensive school
reform model selected and used.
``SEC. 1605. LOCAL APPLICATIONS.
``(a) In General.--Each local educational agency or
consortium of local educational agencies desiring a subgrant
under this section shall submit an application to the State
educational agency at such time, in such manner, and
containing such information as the State educational agency
may reasonably require.
``(b) Contents.--Each such application shall--
``(1) identify the schools, that are eligible for
assistance under part A, that plan to implement a
comprehensive school reform program, including the projected
costs of such a program;
``(2) describe the promising and effective practices and
research-based programs that such schools will implement;
``(3) describe how the local educational agency or
consortium will provide technical assistance and support for
the effective implementation of the promising and effective
practices and research-based school reforms selected by such
schools; and
``(4) describe how the local educational agency or
consortium will evaluate the implementation of such reforms
and measure the results achieved in improving student
academic performance.
``SEC. 1606. LOCAL USE OF FUNDS.
``(a) Uses of Funds.--A local educational agency or
consortium that receives a subgrant under this section shall
provide the subgrant funds to schools, that are eligible for
assistance under part A and served by the agency, to enable
the schools to implement a comprehensive school reform
program for--
``(1) employing innovative strategies for student learning,
teaching, and school management that are based on promising
and effective practices and research-based programs and have
been replicated successfully in schools with diverse
characteristics;
[[Page S3068]]
``(2) integrating 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, and professional development into a
comprehensive reform plan for schoolwide change designed to
enable all students to meet challenging State content and
student performance standards and addresses needs identified
through a school needs assessment;
``(3) providing high quality and continuous teacher and
staff professional development;
``(4) the inclusion of measurable goals for student
performance;
``(5) support for teachers, principals, administrators, and
other school personnel staff;
``(6) meaningful community and parental involvement
initiatives that will strengthen school improvement
activities;
``(7) using high quality external technical support and
assistance from an entity that has experience and expertise
in schoolwide reform and improvement, which may include an
institution of higher education;
``(8) evaluating school reform implementation and student
performance; and
``(9) identification of other resources, including Federal,
State, local, and private resources, that shall be used to
coordinate services that will support and sustain the school
reform effort.
``(b) 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 Secretary, but may develop the school's own comprehensive
school reform programs for schoolwide change as described in
subsection (a).
``SEC. 1607. NATIONAL EVALUATION AND REPORTS.
``(a) In General.--The Secretary shall develop a plan for a
national evaluation of the programs assisted under this part.
``(b) Evaluation.--The national evaluation shall--
``(1) evaluate the implementation and results achieved by
schools after 3 years of implementing comprehensive school
reforms; and
``(2) assess the effectiveness of comprehensive school
reforms in schools with diverse characteristics.
``(c) Reports.--Prior to the completion of the national
evaluation, the Secretary shall submit an interim report
describing implementation activities for the Comprehensive
School Reform Program, which began in 1998, to the Committee
on Education and the Workforce, and the Committee on
Appropriations of the House of Representatives, and the
Committee on Health, Education, Labor, and Pensions, and the
Committee on Appropriations of the Senate.
``PART G--ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS
``SEC. 1701. PURPOSE.
``The purpose of this part is to provide for school dropout
prevention and reentry and to raise academic achievement
levels by providing grants, to schools through State
educational agencies, that--
``(1) challenge all children to attain their highest
academic potential; and
``(2) ensure that all students have substantial and ongoing
opportunities to do so through schoolwide programs proven
effective in school dropout prevention.
``Subpart 1--Coordinated National Strategy
``SEC. 1711. NATIONAL ACTIVITIES.
``(a) In General.--The Secretary is authorized--
``(1) to collect systematic data on the participation in
the programs described in paragraph (2)(C) of individuals
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;
``(2) to establish and to consult with an interagency
working group which shall--
``(A) address inter- and intra-agency program coordination
issues at the Federal level with respect to school dropout
prevention and middle school and secondary school reentry,
assess the targeting of existing Federal services to students
who are most at risk of dropping out of school, and the cost-
effectiveness of various programs and approaches used to
address school dropout prevention;
``(B) describe the ways in which State and local agencies
can implement effective school dropout prevention programs
using funds from a variety of Federal programs, including the
programs under this title and the School-to-Work
Opportunities Act of 1994; and
``(C) address all Federal programs with school dropout
prevention or school reentry elements or objectives, programs
under title I of this Act, the School-to-Work Opportunities
Act of 1994, part B of title IV of the Job Training
Partnership Act, subtitle C of title I of the Workforce
Investment Act of 1998, and other programs; and
``(3) carry out a national recognition program in
accordance with subsection (b) that recognizes schools that
have made extraordinary progress in lowering school dropout
rates under which a public middle school or secondary school
from each State will be recognized.
``(b) Recognition Program.--
``(1) National guidelines.--The Secretary shall develop
uniform national guidelines for the recognition program which
shall be used to recognize schools from nominations submitted
by State educational agencies.
``(2) Eligible schools.--The Secretary may recognize under
the recognition program any public middle school or secondary
school (including a charter school) that has implemented
comprehensive reforms regarding the lowering of school
dropout rates for all students at that school.
``(3) Support.--The Secretary may make monetary awards to
schools recognized under the recognition program in amounts
determined by the Secretary. Amounts received under this
section shall be used for dissemination activities within the
school district or nationally.
``Subpart 2--National School Dropout Prevention Initiative
``SEC. 1721. PROGRAM AUTHORIZED.
``(a) Allotments to States.--
``(1) In general.--From the sum made available under
section 1732(b) for a fiscal year the Secretary shall make an
allotment to each State in an amount that bears the same
relation to the sum as the amount the State received under
this title for the preceding fiscal year bears to the amount
received by all States under this title for the preceding
fiscal year.
``(2) Definition of state.--In this subpart, 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, the
Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau.
``(b) Grants.--From amounts made available to a State under
subsection (a), the State educational agency may award grants
to public middle schools or secondary schools, that have
school dropout rates which are in the highest \1/3\ of all
school dropout rates in the State, to enable the schools to
pay only the startup and implementation costs of effective,
sustainable, coordinated, and whole school dropout prevention
programs that involve activities such as--
``(1) professional development;
``(2) obtaining curricular materials;
``(3) release time for professional staff;
``(4) planning and research;
``(5) remedial education;
``(6) reduction in pupil-to-teacher ratios;
``(7) efforts to meet State student achievement standards;
``(8) counseling and mentoring for at-risk students; and
``(9) comprehensive school reform models.
``(c) Amount.--
``(1) In general.--Subject to subsection (d) and except as
provided in paragraph (2), a grant under this subpart shall
be awarded--
``(A) in the first year that a school receives a grant
payment under this subpart, in an amount that is not less
than $50,000 and not more than $100,000, based on factors
such as--
``(i) school size;
``(ii) costs of the model or set of prevention and reentry
strategies being implemented; and
``(iii) local cost factors such as poverty rates;
``(B) in the second such year, in an amount that is not
less than 75 percent of the amount the school received under
this subpart in the first such year;
``(C) in the third year, in an amount that is not less than
50 percent of the amount the school received under this
subpart in the first such year; and
``(D) in each succeeding year in an amount that is not less
than 30 percent of the amount the school received under this
subpart in the first such year.
``(2) Increases.--The Secretary shall increase the amount
awarded to a school under this subpart by 10 percent if the
school creates smaller learning communities within the school
and the creation is certified by the State educational
agency.
``(d) Duration.--A grant under this subpart shall be
awarded for a period of 3 years, and may be continued for a
period of 2 additional years if the State educational agency
determines, based on the annual reports described in section
1727(a), that significant progress has been made in lowering
the school dropout rate for students participating in the
program assisted under this subpart compared to students at
similar schools who are not participating in the program.
``SEC. 1722. STRATEGIES AND CAPACITY BUILDING.
``(a) Strategies.--Each school receiving a grant under this
subpart shall implement research-based, sustainable, and
widely replicated, strategies for school dropout prevention
and reentry that address the needs of an entire school
population rather than a subset of students. The strategies
may include--
``(1) specific strategies for targeted purposes, such as
effective early intervention programs designed to identify
at-risk students, effective programs encompassing
traditionally underserved students, including racial and
ethnic minorities and pregnant and parenting teenagers,
designed to prevent such students from dropping out of
school, and effective programs to identify and encourage
youth who have already dropped out of school to reenter
school and complete their secondary education; and
``(2) approaches such as breaking larger schools down into
smaller learning communities and other comprehensive reform
approaches, creating alternative school programs, developing
clear linkages to career skills and employment, and
addressing specific gatekeeper hurdles that often limit
student retention and academic success.
``(b) Capacity Building.--
``(1) In general.--The Secretary, through a contract with a
non-Federal entity, shall conduct a capacity building and
design initiative in order to increase the types of proven
strategies for dropout prevention and reentry that address
the needs of an entire school population rather than a subset
of students.
``(2) Number and duration.--
[[Page S3069]]
``(A) Number.--The Secretary shall award not more than 5
contracts under this subsection.
``(B) Duration.--The Secretary shall award a contract under
this section for a period of not more than 5 years.
``(c) Support for Existing Reform Networks.--
``(1) In general.--The Secretary shall provide appropriate
support to eligible entities to enable the eligible entities
to provide training, materials, development, and staff
assistance to schools assisted under this subpart.
``(2) Definition of eligible entity.--The term `eligible
entity' means an entity that, prior to the date of enactment
of the Educational Opportunities Act--
``(A) provided training, technical assistance, and
materials to 100 or more elementary schools or secondary
schools; and
``(B) developed and published a specific educational
program or design for use by the schools.
``SEC. 1723. SELECTION OF SCHOOLS.
``(a) School Application.--
``(1) In general.--Each school desiring a grant under this
subpart shall submit an application to the State educational
agency at such time, in such manner, and accompanied by such
information as the State educational agency may require.
``(2) Contents.--Each application submitted under paragraph
(1) shall--
``(A) contain a certification from the local educational
agency serving the school that--
``(i) the school has the highest number or rates of school
dropouts in the age group served by the local educational
agency;
``(ii) the local educational agency is committed to
providing ongoing operational support, for the school's
comprehensive reform plan to address the problem of school
dropouts, for a period of 5 years; and
``(iii) the local educational agency will support the plan,
including--
``(I) release time for teacher training;
``(II) efforts to coordinate activities for feeder schools;
and
``(III) encouraging other schools served by the local
educational agency to participate in the plan;
``(B) demonstrate that the faculty and administration of
the school have agreed to apply for assistance under this
subpart, and provide evidence of the school's willingness and
ability to use the funds under this subpart, including
providing an assurance of the support of 80 percent or more
of the professional staff at the school;
``(C) describe the instructional strategies to be
implemented, how the strategies will serve all students, and
the effectiveness of the strategies;
``(D) describe a budget and timeline for implementing the
strategies;
``(E) contain evidence of coordination with existing
resources;
``(F) provide an assurance that funds provided under this
subpart will supplement and not supplant other Federal,
State, and local funds;
``(G) describe how the activities to be assisted conform
with research-based knowledge about school dropout prevention
and reentry; and
``(H) demonstrate that the school and local educational
agency have agreed to conduct a schoolwide program under
section 1114.
``(b) State Agency Review and Award.--The State educational
agency shall review applications and award grants to schools
under subsection (a) according to a review by a panel of
experts on school dropout prevention.
``(c) Eligibility.--A school is eligible to receive a grant
under this subpart if the school is--
``(1) a public school (including a public alternative
school)--
``(A) that is eligible to receive assistance under part A,
including a comprehensive secondary school, a vocational or
technical secondary school, and a charter school; and
``(B)(i) that serves students 50 percent or more of whom
are low-income individuals; or
``(ii) with respect to which the feeder schools that
provide the majority of the incoming students to the school
serve students 50 percent or more of whom are low-income
individuals; or
``(2) participating in a schoolwide program under section
1114 during the grant period.
``(d) Community-Based Organizations.--A school that
receives a grant under this subpart may use the grant funds
to secure necessary services from a community-based
organization, including private sector entities, if--
``(1) the school approves the use;
``(2) the funds are used to provide school dropout
prevention and reentry activities related to schoolwide
efforts; and
``(3) the community-based organization has demonstrated the
organization's ability to provide effective services as
described in section 107(a) of the Job Training Partnership
Act, or section 122 of the Workforce Investment Act of 1998.
``(e) Coordination.--Each school that receives a grant
under this subpart shall coordinate the activities assisted
under this subpart with other Federal programs, such as
programs assisted under chapter 1 of subpart 2 of part A of
title IV of the Higher Education Act of 1965 and the School-
to-Work Opportunities Act of 1994.
``SEC. 1724. DISSEMINATION ACTIVITIES.
``Each school that receives a grant under this subpart
shall provide information and technical assistance to other
schools within the school district, including presentations,
document-sharing, and joint staff development.
``SEC. 1725. PROGRESS INCENTIVES.
``Notwithstanding any other provision of law, each local
educational agency that receives funds under this title shall
use such funding to provide assistance to schools served by
the agency that have not made progress toward lowering school
dropout rates after receiving assistance under this subpart
for 2 fiscal years.
``SEC. 1726. SCHOOL DROPOUT RATE CALCULATION.
``For purposes of calculating a school dropout rate under
this subpart, a school shall use--
``(1) the annual event school dropout rate for students
leaving a school in a single year determined in accordance
with the National Center for Education Statistics' Common
Core of Data, if available; or
``(2) in other cases, a standard method for calculating the
school dropout rate as determined by the State educational
agency.
``SEC. 1727. REPORTING AND ACCOUNTABILITY.
``(a) Reporting.--In order to receive funding under this
subpart for a fiscal year after the first fiscal year a
school receives funding under this subpart, the school shall
provide, on an annual basis, to the Secretary a report
regarding the status of the implementation of activities
funded under this subpart, the outcome data for students at
schools assisted under this subpart disaggregated in the same
manner as information under section 1711(a) (such as dropout
rates), and certification of progress from the eligible
entity whose strategies the school is implementing.
``(b) Accountability.--On the basis of the reports
submitted under subsection (a), the Secretary shall evaluate
the effect of the activities assisted under this subpart on
school dropout prevention compared to a control group.
``SEC. 1728. STATE RESPONSIBILITIES.
``(a) Uniform Data Collection.--Within 1 year after the
date of enactment of the Educational Opportunities Act, a
State educational agency that receives funds under this part
shall report to the Secretary and statewide, all school
district and school data regarding school dropout rates in
the State disaggregated in the same manner as information
under section 1711(a), according to procedures that conform
with the National Center for Education Statistics' Common
Core of Data.
``(b) Attendance-Neutral Funding Policies.--Within 2 years
after the date of enactment of the Educational Opportunities
Act, a State educational agency that receives funds under
this part shall develop and implement education funding
formula policies for public schools that provide appropriate
incentives to retain students in school throughout the school
year, such as--
``(1) a student count methodology that does not determine
annual budgets based on attendance on a single day early in
the academic year; and
``(2) specific incentives for retaining enrolled students
throughout each year.
``(c) Suspension and Expulsion Policies.--Within 2 years
after the date of enactment of the Educational Opportunities
Act, a State educational agency that receives funds under
this part shall develop uniform, long-term suspension and
expulsion policies for serious infractions resulting in more
than 10 days of exclusion from school per academic year so
that similar violations result in similar penalties.
``(d) Regulations.--The Secretary shall promulgate
regulations implementing subsections (a) through (c).
``Subpart 3--Definitions; Authorization of Appropriations
``SEC. 1731. DEFINITIONS.
``In this part:
``(1) Low-income.--The term `low-income', used with respect
to an individual, means an individual determined to be low-
income in accordance with measures described in section
1113(a)(5).
``(2) School dropout.--The term `school dropout' has the
meaning given the term in section 4(17) of the School-to-Work
Opportunities Act of 1994.
``SEC. 1732. AUTHORIZATION OF APPROPRIATIONS.
``(a) Subpart 1.--There are authorized to be appropriated
to carry out subpart 1, $5,000,000 for fiscal year 2001 and
such sums as may be necessary for each of the 4 succeeding
fiscal years.
``(b) Subpart 2.--There are authorized to be appropriated
to carry out subpart 2, $145,000,000 for fiscal year 2001 and
such sums as may be necessary for each of the 4 succeeding
fiscal years, of which--
``(1) $125,000,000 shall be available to carry out section
1721; and
``(2) $20,000,000 shall be available to carry out section
1722.''.
TITLE II--PROFESSIONAL DEVELOPMENT FOR TEACHERS
SEC. 201. TEACHER QUALITY.
Title II (20 U.S.C. 6601 et seq.) is amended by striking
the title heading and all that follows through part A and
inserting the following:
``TITLE II--TEACHER QUALITY
``PART A--TEACHER EMPOWERMENT
``SEC. 2001. PURPOSE.
``The purpose of this part is to provide grants to States
and local educational agencies, in order to assist their
efforts to increase student academic achievement and student
performance through such strategies as improving teacher
quality.
``Subpart 1--Grants to States
``SEC. 2011. FORMULA GRANTS TO STATES.
``(a) In General.--In the case of each State that, in
accordance with section 2014, submits to the Secretary and
obtains approval of an application for a fiscal year, the
Secretary shall make a grant for the year to the State for
the uses specified in section 2012. The grant shall consist
of the allotment determined for the State under subsection
(b).
``(b) Determination of Amount of Allotment.--
``(1) Reservation of funds.--
``(A) In general.--From the total amount made available to
carry out this subpart for any fiscal year, the Secretary
shall reserve--
[[Page S3070]]
``(i) \1/2\ of 1 percent for allotments for the United
States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, to be
distributed among those outlying areas on the basis of their
relative need, as determined by the Secretary in accordance
with the purpose of this part; and
``(ii) \1/2\ of 1 percent for the Secretary of the Interior
for programs under this part for professional development
activities for teachers and other staff in schools operated
or funded by the Bureau of Indian Affairs.
``(B) Limitation.--In reserving an amount for the purposes
described in clauses (i) and (ii) of subparagraph (A) for a
fiscal year, the Secretary shall not reserve more than the
total amount the outlying areas and the schools operated or
funded by the Bureau of Indian Affairs received under the
authorities described in paragraph (2)(A)(i) for fiscal year
2000.
``(2) State allotments.--
``(A) Hold harmless.--
``(i) In general.--Subject to subparagraph (B), from the
total amount made available to carry out this subpart for any
fiscal year and not reserved under paragraph (1), the
Secretary shall allot to each of the 50 States, the District
of Columbia, and the Commonwealth of Puerto Rico an amount
equal to the total amount that such State received for fiscal
year 2000 under--
``(I) section 2202(b) of this Act (as in effect on the day
before the date of enactment of the Educational Opportunities
Act); and
``(II) section 310 of the Department of Education
Appropriations Act, 2000 (as enacted by section 1000(a)(4) of
division B of Public Law 106-113).
``(ii) Ratable reduction.--If the total amount made
available to carry out this subpart for any fiscal year and
not reserved under paragraph (1) is insufficient to pay the
full amounts that all States are eligible to receive under
clause (i) for any fiscal year, the Secretary shall ratably
reduce such amounts for such fiscal year.
``(B) Allotment of additional funds.--
``(i) In general.--Subject to clause (ii), for any fiscal
year for which the total amount made available to carry out
this subpart and not reserved under paragraph (1) exceeds the
total amount made available to the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico for fiscal year
2000 under the authorities described in subparagraph (A)(i),
the Secretary shall allot to each of those States the sum
of--
``(I) an amount that bears the same relationship to 50
percent of the excess amount as the number of individuals age
5 through 17 in the State, as determined by the Secretary on
the basis of the most recent satisfactory data, bears to the
number of those individuals in all such States, as so
determined; and
``(II) an amount that bears the same relationship to 50
percent of the excess amount as the number of individuals age
5 through 17 from families with incomes below the poverty
line in the State, as determined by the Secretary on the
basis of the most recent satisfactory data, bears to the
number of those individuals in all such States, as so
determined.
``(ii) Exception.--No State receiving an allotment under
clause (i) may receive less than \1/2\ of 1 percent of the
total excess amount allotted under clause (i) for a fiscal
year.
``(3) Reallotment.--If any State does not apply for an
allotment under this subsection for any fiscal year, the
Secretary shall reallot such amount to the remaining States
in accordance with this subsection.
``SEC. 2012. ALLOCATIONS WITHIN STATES.
``(a) Use of Funds.--Each State receiving a grant under
this subpart shall use the funds provided under the grant in
accordance with this section to carry out activities for the
improvement of teaching and learning.
``(b) Required and Authorized Expenditures.--
``(1) Required expenditures.--The Secretary may make a
grant to a State under this subpart only if the State agrees
to expend not less than 90 percent of the amount of the funds
provided under the grant for the purpose of making subgrants
to local educational agencies and eligible partnerships (as
defined in section 2021(e)), in accordance with subsection
(c).
``(2) Authorized expenditures.--A State that receives a
grant under this subpart may expend a portion equal to not
more than 10 percent of the amount of the funds provided
under the grant for 1 or more of the authorized State
activities described in section 2013 or to make grants to
eligible partnerships to enable the partnerships to carry out
subpart 2 (but not more than 5 percent of such portion may be
used for planning and administration related to carrying out
such purpose).
``(c) Distribution of Subgrants to Local Educational
Agencies and Eligible Partnerships.--
``(1) Allocations to local educational agencies.--
``(A) In general.--A State receiving a grant under this
subpart shall distribute a portion equal to 95 percent of the
amount described in subsection (b)(1) by allocating to each
eligible local educational agency the sum of--
``(i) an amount that bears the same relationship to 25
percent of the portion as the number of individuals enrolled
in public and private nonprofit elementary schools and
secondary schools in the geographic area served by the agency
bears to the number of those individuals in the geographic
areas served by all the local educational agencies in the
State; and
``(ii) an amount that bears the same relationship to 75
percent of the portion as the number of individuals age 5
through 17 from families with incomes below the poverty line,
in the geographic area served by the agency, as determined by
the Secretary on the basis of the most recent satisfactory
data, bears to the number of those individuals in the
geographic areas served by all the local educational agencies
in the State, as so determined.
``(B) Use of funds.--The State shall make subgrants to
local educational agencies from allocations made under this
paragraph to enable the agencies to carry out subpart 3.
``(2) Competitive subgrants to eligible partnerships.--
``(A) Competitive process.--A State receiving a grant under
this subpart shall transfer a portion equal to 5 percent of
the amount described in subsection (b)(1) to the State agency
for higher education, which shall distribute the portion
through a competitive process.
``(B) Participants.--The competitive process carried out
under subparagraph (A) shall be open to eligible partnerships
(as defined in section 2021(e)).
``(C) Use of funds.--In distributing funds under this
paragraph, the State agency for higher education shall make
subgrants to the eligible partnerships to enable the
partnerships to carry out subpart 2 (but not more than 5
percent of the funds made available to the eligible
partnerships through the subgrants may be used for planning
and administration related to carrying out such purpose).
``SEC. 2013. STATE USE OF FUNDS.
``(a) Authorized State Activities.--The authorized State
activities referred to in section 2012(b)(2) are the
following:
``(1) Reforming teacher certification (including
recertification) or licensing requirements to ensure that--
``(A) teachers have the necessary teaching skills and
academic content knowledge in the academic subjects in which
the teachers are assigned to teach;
``(B) the requirements are aligned with the State's
challenging State content standards; and
``(C) teachers have the knowledge and skills necessary to
help students meet challenging State student performance
standards.
``(2) Carrying out programs that--
``(A) include support during the initial teaching
experience, such as mentoring programs; and
``(B) establish, expand, or improve alternative routes to
State certification of teachers for highly qualified
individuals with a baccalaureate degree, including mid-career
professionals from other occupations, paraprofessionals,
former military personnel, and recent college or university
graduates with records of academic distinction who
demonstrate the potential to become highly effective
teachers.
``(3) Developing and implementing effective mechanisms to
assist local educational agencies and schools in effectively
recruiting and retaining highly qualified and effective
teachers and principals.
``(4) Developing or improving systems of performance
measures to evaluate the effectiveness of professional
development programs and activities in improving teacher
quality, skills, and content knowledge, and increasing
student academic achievement and student performance.
``(5) Developing or improving systems to evaluate the
impact of teachers on student academic achievement and
student performance.
``(6) Providing technical assistance to local educational
agencies consistent with this part.
``(7) Funding projects to promote reciprocity of teacher
certification or licensure between or among States, except
that no reciprocity agreement developed under this paragraph
or developed using funds provided under this part may lead to
the weakening of any State teaching certification or
licensing requirement.
``(8) Developing or assisting local educational agencies or
eligible partnerships (as defined in section 2021(e)) in the
development and utilization of proven, innovative strategies
to deliver intensive professional development programs and
activities that are both cost-effective and easily
accessible, such as through the use of technology and
distance learning.
``(9) Supporting activities to encourage and support
teachers seeking national board certification from the
National Board for Professional Teaching Standards or other
recognized entities.
``(10) Providing professional development activities
involving training in advanced placement instruction.
``(b) Coordination.--A State that receives a grant to carry
out this subpart and a grant under section 202 of the Higher
Education Act of 1965 shall coordinate the activities carried
out under this section and the activities carried out under
that section 202.
``SEC. 2014. APPLICATIONS BY STATES.
``(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 submitted under this
section shall include the following:
``(1) A description of how the State will ensure that a
local educational agency receiving a subgrant to carry out
subpart 3 will comply with the requirements of such subpart.
``(2)(A) An assurance that the State will measure the
annual progress of the local educational agencies and schools
in the State with respect to--
``(i) improving student academic achievement and student
performance, in accordance with content standards and student
performance standards established under part A of title I;
``(ii) closing academic achievement gaps, reflected in
disaggregated data described in section 1111(b)(3)(I),
between minority and non-minority groups and low-income and
non-low-income groups; and
``(iii) improving performance on other specific indicators
for professional development, such as increasing the
percentage of classes in core academic subjects that are
taught by highly qualified teachers.
[[Page S3071]]
``(B) An assurance that the State will require each local
educational agency and school in the State receiving funds
under this part to publicly report information on the
agency's or school's annual progress, measured as described
in subparagraph (A).
``(3) A description of how the State will hold the local
educational agencies and schools accountable for making
annual progress as described in paragraph (2), subject to
part A of title I.
``(4)(A) A description of how the State will coordinate
professional development activities authorized under this
part with professional development activities provided under
other Federal, State, and local programs, including those
authorized under--
``(i) titles I and IV, part A of title V, and part A of
title VII; and
``(ii) where applicable, the Individuals with Disabilities
Education Act, the Carl D. Perkins Vocational and Technical
Education Act of 1998, and title II of the Higher Education
Act of 1965.
``(B) A description of the comprehensive strategy that the
State will use as part of the effort to carry out the
coordination, to ensure that teachers, paraprofessionals, and
principals are trained in the utilization of technology so
that technology and technology applications are effectively
used in the classroom to improve teaching and learning in all
curriculum areas and academic subjects, as appropriate.
``(5) A description of how the State will encourage the
development of proven, innovative strategies to deliver
intensive professional development programs that are both
cost-effective and easily accessible, such as through the use
of technology and distance learning.
``(6) A description of how the activities to be carried out
by the State under this subpart will be based on a review of
relevant research and an explanation of why the activities
are expected to improve student performance and outcomes.
``(c) Application Submission.--A State application
submitted to the Secretary under this section shall be
approved by the Secretary unless the Secretary makes a
written determination, within 90 days after receiving the
application, that the application is in violation of the
provisions of this Act.
``Subpart 2--Subgrants to Eligible Partnerships
``SEC. 2021. PARTNERSHIP GRANTS.
``(a) In General.--From the portion described in section
2012(c)(2)(A), the State agency for higher education, working
in conjunction with the State educational agency (if such
agencies are separate), shall award subgrants on a
competitive basis under section 2012(c) to eligible
partnerships to enable such partnerships to carry out
activities described in subsection (b). The State agency for
higher education shall ensure that such subgrants shall be
equitably distributed by geographic area within the State, or
ensure that eligible partnerships in all geographic areas
within the State are served through the grants.
``(b) Use of Funds.--An eligible partnership that receives
funds under section 2012 shall use the funds for--
``(1) professional development activities in core academic
subjects to ensure that teachers, paraprofessionals, and, if
appropriate, principals have content knowledge in the
academic subjects that the teachers teach; and
``(2) developing and providing assistance to local
educational agencies and individuals who are teachers,
paraprofessionals or principals of public and private schools
served by each such agency, for sustained, high-quality
professional development activities that--
``(A) ensure that the agencies and individuals are able to
use State content standards, performance standards, and
assessments to improve instructional practices and improve
student academic achievement and student performance; and
``(B) may include intensive programs designed to prepare
such individuals who will return to a school to provide such
instruction to other such individuals within such school.
``(c) Special Rule.--No single participant in an eligible
partnership may use more than 50 percent of the funds made
available to the partnership under section 2012.
``(d) Coordination.--An eligible partnership that receives
a grant to carry out this subpart and a grant under section
203 of the Higher Education Act of 1965 shall coordinate the
activities carried out under this section and the activities
carried out under that section 203.
``(e) Eligible Partnership.--In this section, the term
`eligible partnership' means an entity that--
``(1) shall include--
``(A) a private or State institution of higher education
and the division of the institution that prepares teachers;
``(B) a school of arts and sciences; and
``(C) a high need local educational agency; and
``(2) may include other local educational agencies, a
public charter school, a public or private elementary school
or secondary school, an educational service agency, a public
or private nonprofit educational organization, other
institutions of higher education, a school of arts and
sciences within such an institution, the division of such an
institution that prepares teachers, a nonprofit cultural
organization, an entity carrying out a prekindergarten
program, a teacher organization, or a business.
``Subpart 3--Subgrants to Local Educational Agencies
``SEC. 2031. LOCAL USE OF FUNDS.
``(a) Required Activities.--
``(1) In general.--Each local educational agency that
receives a subgrant to carry out this subpart shall use the
subgrant to carry out the activities described in this
subsection.
``(2) Required professional development activities.--
``(A) Mathematics and science.--
``(i) In general.--Each local educational agency that
receives a subgrant to carry out this subpart shall use a
portion of the funds made available through the subgrant for
professional development activities in mathematics and
science in accordance with section 2032.
``(ii) Grandfather of old waivers.--A waiver provided to a
local educational agency under part D of title XIV prior to
the date of enactment of the Educational Opportunities Act
shall be deemed to be in effect until such time as the waiver
otherwise would have ceased to be effective.
``(B) Professional development activities.--Each local
educational agency that receives a subgrant to carry out this
subpart shall use a portion of the funds made available
through the subgrant for professional development activities
that give teachers, paraprofessionals, and principals the
knowledge and skills to provide students with the opportunity
to meet challenging State or local content standards and
student performance standards. Such activities shall be
consistent with section 2032.
``(b) Allowable Activities.--Each local educational agency
that receives a subgrant to carry out this subpart may use
the funds made available through the subgrant to carry out
the following activities:
``(1) Recruiting and hiring certified or licensed teachers,
including teachers certified through State and local
alternative routes, in order to reduce class size, or hiring
special education teachers.
``(2) Initiatives to assist in recruitment of highly
qualified teachers who will be assigned teaching positions
within their fields, including--
``(A) providing signing bonuses or other financial
incentives, such as differential pay, for teachers to teach
in academic subjects in which there exists a shortage of such
teachers within a school or the area served by the local
educational agency;
``(B) establishing programs that--
``(i) recruit professionals from other fields and provide
such professionals with alternative routes to teacher
certification; and
``(ii) provide increased opportunities for minorities,
individuals with disabilities, and other individuals
underrepresented in the teaching profession; and
``(C) implementing hiring policies that ensure
comprehensive recruitment efforts as a way to expand the
applicant pool of teachers, such as identifying teachers
certified through alternative routes, and by implementing a
system of intensive screening designed to hire the most
qualified applicants.
``(3) Initiatives to promote retention of highly qualified
teachers and principals, including--
``(A) programs that provide mentoring to newly hired
teachers, such as mentoring from master teachers, and to
newly hired principals; and
``(B) programs that provide other incentives, including
financial incentives, to retain teachers who have a record of
success in helping low-achieving students improve their
academic success.
``(4) Programs and activities that are designed to improve
the quality of the teacher force, and the abilities of
paraprofessionals and principals, such as--
``(A) innovative professional development programs (which
may be through partnerships including institutions of higher
education), including programs that train teachers,
paraprofessionals, and principals to utilize technology to
improve teaching and learning, that are consistent with the
requirements of section 2032;
``(B) development and utilization of proven, cost-effective
strategies for the implementation of professional development
activities, such as through the utilization of technology and
distance learning;
``(C) professional development programs that provide
instruction in how to teach children with different learning
styles, particularly children with disabilities and children
with special learning needs (including children who are
gifted and talented); and
``(D) professional development programs that provide
instruction in how best to discipline children in the
classroom and identify early and appropriate interventions to
help children described in subparagraph (C) to learn.
``(5) Activities that provide teacher opportunity payments,
consistent with section 2033.
``SEC. 2032. PROFESSIONAL DEVELOPMENT FOR TEACHERS.
``(a) Limitation Relating to Curriculum and Academic
Subjects.--
``(1) In general.--Except as provided in paragraph (2),
funds made available to carry out this subpart may be
provided for a teacher, paraprofessional, or principal, and a
professional development activity, only if the activity is--
``(A) directly related to the curriculum and academic
subjects in which a teacher provides instruction; or
``(B) designed to enhance the ability of a teacher,
paraprofessional, or principal to understand and use State
standards for the academic subjects in which a teacher
provides instruction.
``(2) Exception.--Paragraph (1) shall not be construed to
prohibit the use of the funds for professional development
activities that provide instruction described in
subparagraphs (C) and (D) of section 2031(b)(4).
``(b) Other Requirements.--Professional development
activities provided under this subpart--
``(1) shall be tied to challenging State or local content
standards and student performance standards;
[[Page S3072]]
``(2) shall be tied to strategies and programs that
demonstrate effectiveness in increasing student academic
achievement and student performance, or substantially
increasing the knowledge and teaching skills of the teachers
participating in the activities;
``(3) in the case of activities for teachers, shall be of
sufficient intensity and duration to have a positive and
lasting impact on the performance of a teacher in the
classroom (which shall not include 1-day or short-term
workshops and conferences), except that this paragraph shall
not apply to an activity if such activity is 1 component
described in a long-term comprehensive professional
development plan established by the teacher and the teacher's
supervisor based upon an assessment of the needs of the
teacher, the students of the teacher, and the local
educational agency involved; and
``(4) shall be developed with extensive participation of
teachers, paraprofessionals, and principals of schools to be
served under this part.
``(c) Accountability and Required Payments.--
``(1) In general.--If, at the end of any fiscal year, a
State determines that a local educational agency has failed
to make progress in accordance with section 2014(b)(2) during
the fiscal year, the State shall notify the local educational
agency that the agency shall be subject to the requirement of
paragraph (3).
``(2) Technical assistance.--A local educational agency
that receives notification pursuant to paragraph (1) may
request technical assistance from the State in order to
provide the opportunity for such local educational agency to
make progress in accordance with section 2014(b)(2).
``(3) Requirement to provide teacher opportunity
payments.--
``(A) In general.--A local educational agency that receives
notification pursuant to paragraph (1) with respect to any 2
consecutive fiscal years shall expend under section 2033 for
the succeeding fiscal year a proportion of the funds made
available to the agency to carry out this subpart equal to
the proportion of such funds expended by the agency for
professional development activities for the second fiscal
year for which the agency received the notification.
``(B) Requests.--On request by a group of teachers in
schools served by the local educational agency, the agency
shall use a portion of the funds provided to the agency to
carry out this subpart, to provide payments in accordance
with section 2033.
``(4) Special rule.--
``(A) Subsequent years of progress.--A local educational
agency that receives notification from the State pursuant to
paragraph (1) with respect to a fiscal year and makes
progress in accordance with section 2014(b)(2) for at least
the 2 subsequent years shall not be required to provide
payments in accordance with section 2033 for the next
subsequent year.
``(B) Subsequent years without progress.--A local
educational agency that receives notification from the State
pursuant to paragraph (1) with respect to a fiscal year and
fails to make progress in accordance with section 2014(b)(2)
for at least the 2 subsequent fiscal years shall request the
technical assistance described in paragraph (2) from the
State for the next subsequent year.
``(d) Definition.--In this section, the term `professional
development activity' means an activity described in
subsection (a)(2) or (b)(4) of section 2031.
``SEC. 2033. TEACHER OPPORTUNITY PAYMENTS.
``(a) In General.--A local educational agency receiving
funds to carry out this subpart may (or in the case of
section 2032(c)(3), shall) provide payments directly to a
teacher or a group of teachers seeking opportunities to
participate in a professional development activity of their
choice that meets the criteria set forth in subsections (a)
and (b) of section 2032.
``(b) Notice to Teachers.--Each local educational agency
distributing payments under this section--
``(1) shall establish and implement a timely process
through which proper notice of availability of the payments
will be given to all teachers in schools served by the
agency; and
``(2) shall develop a process through which teachers will
be specifically recommended by principals to participate in
such opportunities by virtue of--
``(A) the teachers' lack of full certification or licensing
to teach the academic subjects in which the teachers teach;
or
``(B) the teachers' need for additional assistance to
ensure that their students make progress toward meeting
challenging State content standards and student performance
standards.
``(c) Selection of Teachers.--In the event adequate funding
is not available to provide payments under this section to
all teachers seeking such payments, or recommended under
subsection (b)(2), a local educational agency shall establish
procedures for selecting teachers for the payments, which
shall provide priority for those teachers recommended under
subsection (b)(2).
``(d) Eligible Activity.--A teacher receiving a payment
under this section shall have the choice of attending any
professional development activity that meets the criteria set
forth in subsections (a) and (b) of section 2032, as
determined by the State involved.
``SEC. 2034. LOCAL APPLICATIONS.
``(a) In General.--A local educational agency seeking to
receive a subgrant from a State to carry out this subpart
shall submit an application to the State at such time as the
State shall require.
``(b) Local Application Contents.--The local application
described in subsection (a) shall include, at a minimum, the
following:
``(1) A description of how the local educational agency
intends to use funds provided to carry out this subpart.
``(2) An assurance that the local educational agency will
target funds to schools served by the local educational
agency that--
``(A) have the lowest proportions of highly qualified
teachers;
``(B) are identified for school improvement under section
1116(c); or
``(C) are identified for school improvement in accordance
with other measures of school quality as determined and
documented by the local educational agency.
``(3) A description of how the local educational agency
will coordinate professional development activities
authorized under this subpart with professional development
activities provided through other Federal, State, and local
programs, including those authorized under--
``(A) titles I and IV, part A of title V, and part A of
title VII; and
``(B) where applicable, the Individuals with Disabilities
Education Act, the Carl D. Perkins Vocational and Technical
Education Act of 1998, and title II of the Higher Education
Act of 1965.
``(4) A description of how the local educational agency
will integrate funds received to carry out this subpart with
funds received under part A of title V that are used for
professional development to train teachers,
paraprofessionals, and principals in how to use technology to
improve learning and teaching.
``(5) A description of how the local educational agency has
collaborated with teachers, paraprofessionals, principals,
and parents in the preparation of the application.
``(6) A description of how the activities to be carried out
by the local educational agency under this subpart will be
based on a review of relevant research and an explanation of
why the activities are expected to improve student
performance and outcomes.
``Subpart 4--National Activities
``SEC. 2041. ALTERNATIVE ROUTES TO TEACHING AND PROMOTING
EXCELLENCE IN TEACHING.
``(a) Teacher Excellence Academies.--
``(1) In general.--The Secretary may award grants on a
competitive basis to eligible consortia to carry out
activities described in this subsection.
``(2) Use of funds.--
``(A) In general.--An eligible consortium receiving funds
under this subsection shall use the funds to pay the costs
associated with the establishment or expansion of a teacher
academy, in an elementary school or secondary school
facility, that carries out--
``(i) the activities promoting alternative routes to
teacher certification specified in subparagraph (B); or
``(ii) the model professional development activities
specified in subparagraph (C).
``(B) Promoting alternative routes to teacher
certification.--The activities promoting alternative routes
to teacher certification shall, to the extent practicable,
provide opportunities for highly qualified individuals with a
baccalaureate degree (including mid-career professionals from
other occupations, paraprofessionals, former military
personnel, and recent college or university graduates with
records of academic distinction) to enter the teaching field,
through activities such as--
``(i) providing stipends, in exchange for fulfillment of a
reasonable service requirement, to the highly qualified
individuals, to permit the individuals to fill teaching needs
in academic subjects in which there is a demonstrated
shortage of teachers;
``(ii) providing for the recruitment and hiring of master
teachers to mentor and train student teachers within such
academies; or
``(iii) carrying out other activities that promote and
strengthen alternative routes to teacher certification.
``(C) Model professional development.--The model
professional development activities shall be activities
providing ongoing professional development opportunities for
teachers, such as--
``(i) innovative programs and model curricula in the area
of professional development, which may serve as models to be
disseminated to other schools and local educational agencies;
and
``(ii) the development of innovative techniques for
evaluating the effectiveness of professional development
programs.
``(3) Grant for special consortium.--In making grants under
this subsection, the Secretary shall award not less than 1
grant to an eligible consortium that--
``(A) includes a high need local educational agency located
in a rural area; and
``(B) proposes activities that involve the extensive use of
distance learning in order to provide the applicable course
work to student teachers.
``(4) Special rule.--No single participant in an eligible
consortium may use more than 50 percent of the funds made
available to the consortium under this subsection.
``(5) Application.--To be eligible to receive a grant under
this subsection, an eligible consortium shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may
reasonably require.
``(6) Eligible consortium.--In this subsection, the term
`eligible consortium' means a consortium for a State that--
``(A) shall include--
``(i) the State agency responsible for certifying or
licensing teachers;
``(ii) not less than 1 high need local educational agency;
``(iii) a school of arts and sciences; and
``(iv) an institution that prepares teachers; and
``(B) may include local educational agencies, public
charter schools, public or private elementary schools or
secondary schools, educational
[[Page S3073]]
service agencies, public or private nonprofit educational
organizations, museums, or businesses.
``(b) National Board for Professional Teaching Standards.--
``(1) National board certification.--The Secretary may
award grants to the National Board for Professional Teaching
Standards to enable the Board to complete a system of
national board certification. The Secretary may award grants
for fiscal year 2001.
``(2) Advanced certification or credentialing.--The
Secretary may support activities to encourage and support
teachers seeking advanced certification or advanced
credentialing through high quality professional teacher
enhancement programs designed to improve teaching and
learning.
``(c) Teacher Training in Mathematics and Science.--
``(1) In general.--The Secretary may award grants, on a
competitive basis, to eligible entities to support and
promote the establishment of teacher training programs
relating to the core subject areas of mathematics and
science.
``(2) Use of funds.--The programs shall include teacher
training with respect to the establishment of mentoring
programs, model programs, or other programs, that encourage
students, including young women, to pursue demanding careers
and postsecondary degrees in mathematics and science,
including engineering and technology.
``(3) Development.--In carrying out a teacher training
program under this section, the eligible entity may carry out
a program jointly developed by the entity and by a business,
an industry, or an institution of higher education.
``(4) Application.--To be eligible to receive a grant under
this subsection, an entity shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(d) Eisenhower National Clearinghouse for Mathematics and
Science Education.--
``(1) In general.--The Secretary may award a grant or
contract, in consultation with the Director of the National
Science Foundation, to an entity to continue the Eisenhower
National Clearinghouse for Mathematics and Science Education
(referred to in this subsection as the `Clearinghouse').
``(2) Use of funds.--
``(A) In general.--The Clearinghouse may use the funds made
available through the grant or contract to carry out the
functions of the Clearinghouse, as of the date of enactment
of the Educational Opportunities Act.
``(B) Language arts; social studies.--The Clearinghouse may
also use the funds to provide information and resources in
the areas of language arts and social studies.
``(C) Qualitative and evaluative materials and programs.--
The Clearinghouse may also use the funds to collect (in
consultation with the Secretary, national teacher
associations, professional associations, and other reviewers
and developers of educational materials and programs)
qualitative and evaluative materials and programs for the
Clearinghouse, review the evaluation of the materials and
programs, rank the effectiveness of the materials and
programs on the basis of the evaluations, and distribute the
results of the reviews to teachers in an easily accessible
manner. Nothing in this subparagraph shall be construed to
permit the Clearinghouse to directly conduct an evaluation of
the qualitative and evaluative materials or programs.
``(e) Troops-to-Teachers Program.--
``(1) Purpose.--The purpose of this subsection is to
authorize a mechanism for the funding and administration of
the Troops-to-Teachers Program established by the Troops-to-
Teachers Program Act of 1999 (title XVII of the National
Defense Authorization Act for Fiscal Year 2000).
``(2) Transfer of funds for administration of program.--To
the extent that funds are made available under this Act for
the Troops-to-Teachers Program, the Secretary of Education
shall use the funds to enter into a contract with the Defense
Activity for Non-Traditional Education Support of the
Department of Defense. The Defense Activity shall use the
amounts made available through the contract to perform the
actual administration of the Troops-to-Teachers Program,
including the selection of participants in the Program under
section 1704 of the Troops-to-Teachers Program Act of 1999.
The Secretary of Education may retain a portion of the funds
to identify local educational agencies with concentrations of
children from low-income families or with teacher shortages
and States with alternative certification or licensure
requirements, as required by section 1702 of such Act.
``Subpart 5--Funding
``SEC. 2051. AUTHORIZATION OF APPROPRIATIONS.
``(a) Fiscal Year 2001.--There are authorized to be
appropriated to carry out this part $2,000,000,000 for fiscal
year 2001, of which $40,000,000 shall be available to carry
out subpart 4.
``(b) Other Fiscal Years.--There are authorized to be
appropriated to carry out this part such sums as may be
necessary for each of fiscal years 2002 through 2005.
``Subpart 6--General Provisions
``SEC. 2061. DEFINITIONS.
``In this part:
``(1) Arts and sciences.--The term `arts and sciences' has
the meaning given the term in section 201(b) of the Higher
Education Act of 1965.
``(2) Core academic subjects.--The term `core academic
subjects' means those subjects listed under the third of the
America's Education Goals.
``(3) Highly qualified.--The term `highly qualified'
means--
``(A) with respect to an elementary school teacher, a
teacher--
``(i) with an academic major in the arts and sciences; or
``(ii) who can demonstrate competence through a high level
of performance in core academic subjects; and
``(B) with respect to a secondary school teacher, a
teacher--
``(i) with an academic major in the academic subject in
which the teacher teaches or in a related field;
``(ii) who can demonstrate a high level of competence
through rigorous academic subject tests; or
``(iii) who can demonstrate competence through a high level
of performance in relevant content areas.
``(4) High need local educational agency.--The term `high
need local educational agency' has the meaning given the term
in section 201(b) of the Higher Education Act of 1965.
``(5) Out-of-field teacher.--The term `out-of-field
teacher' means a teacher--
``(A) teaching an academic subject for which the teacher is
not highly qualified, as determined by the State involved; or
``(B) who did not receive a degree from an institution of
higher education with a major or minor in the field in which
the teacher teaches.
``(6) Poverty line.--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) applicable to a
family of the size involved.
``(7) State.--The term `State', used with respect to an
individual, entity, or agency, means--
``(A) except as provided in subparagraph (B), the Governor
of a State (as defined in section 3); or
``(B) in the case of a State (as so defined) for which the
constitution or law of the State designates another
individual, entity, or agency in the State to be responsible
for elementary and secondary education programs, such
individual, entity, or agency.''.
SEC. 202. LEADERSHIP EDUCATION AND DEVELOPMENT PROGRAM.
Part B of title II (20 U.S.C. 6641 et seq.) is amended to
read as follows:
``PART B--LEADERSHIP EDUCATION AND DEVELOPMENT PROGRAM
``SEC. 2201. LEADERSHIP PROGRAMS.
``(a) Definition.--In this section, the term `school
leader' means an elementary school or secondary school
superintendent, principal, assistant principal, or teacher,
or another individual in a management or leadership position
with a State or region of a State whose work directly impacts
teaching and learning relating to elementary or secondary
education.
``(b) Grants.--The Secretary shall award grants to eligible
entities (including State educational agencies, institutions
of higher education, local educational agencies, and
nonprofit educational organizations) and consortia of such
entities to enable such entities or consortia to pay for the
Federal share of the cost of providing professional
development services for school leaders to develop or enhance
the leadership skills of the school leaders. In providing the
services, the entities and consortia shall work in
cooperation with school leaders and other appropriate
individuals.
``(c) Award Basis.--The Secretary shall award a grant under
this section to an eligible entity or consortium on the basis
of criteria that include--
``(1) the quality of the proposed use of the grant funds;
``(2) the educational need of the State, community, or
region to be served under the grant; and
``(3) the need for equitable distribution of the grants
among urban and rural communities and school districts, and
equitable geographic representation of regions of the United
States.
``(d) Application.--To be eligible to receive a grant under
this section, an eligible entity or consortium shall prepare
and submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require, including an assurance that school leaders were
involved in developing the application and determining the
proposed use of the grant funds.
``(e) Use of Funds.--
``(1) In general.--An eligible entity or consortium that
receives a grant under this section shall use funds received
through the grant to provide assistance for training,
education, and other activities to increase the leadership
and other skills of school leaders.
``(2) Specific activities.--In order to improve the quality
of education delivered to the children in the State,
community, or region in which the entity or consortium is
located, the entity or consortium shall use the funds
received through the grant for activities that include--
``(A) providing school leaders with effective leadership,
management, and instructional skills and practices;
``(B) enhancing and developing the school management and
business skills of school leaders;
``(C) improving the understanding of school leaders of the
effective use of educational technology;
``(D) improving the knowledge of school leaders regarding
challenging State content and performance standards;
``(E) encouraging highly qualified individuals to become
school leaders and developing and enhancing the
instructional, leadership, school management, parent and
community involvement, mentoring, and staff evaluation skills
of school leaders; and
``(F) establishing sustained and rigorous support for
mentorships and for developing a network of school leaders
within the State with the
[[Page S3074]]
goal of strengthening and improving the leadership of school
leaders.
``(f) Federal Share.--
``(1) In general.--The Federal share of the cost described
in subsection (b) shall be not more than 80 percent.
``(2) Non-federal share.--An entity or consortium may
provide the non-Federal share of the cost in cash or in kind,
fairly evaluated, including plant, equipment, or services.
``(3) Waivers.--The Secretary may grant waivers of
paragraph (1) for entities or consortia serving low-income
areas, as determined by the Secretary.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$100,000,000 for fiscal year 2001 and such sums as may be
necessary for the 4 subsequent fiscal years.''.
SEC. 203. READING EXCELLENCE.
(a) Part Heading.--The part heading for part C of title II
(20 U.S.C. 6661 et seq.) is amended to read as follows:
``PART C--READING EXCELLENCE ACT''.
(b) Authorization of Appropriations.--Section 2260(a) (20
U.S.C. 6661i(a)) is amended by adding at the end the
following:
``(3) Fiscal years 2001 through 2004.--There are authorized
to be appropriated to carry out this part $280,000,000 for
fiscal year 2001 and such sums as may be necessary for the 4
subsequent fiscal years.''.
(c) Short Title.--Part C of title II (20 U.S.C. 6661 et
seq.) is amended by adding at the end the following:
``SEC. 2261. SHORT TITLE.
``This part may be cited as the `Reading Excellence
Act'.''.
SEC. 204. NATIONAL WRITING PROJECT.
Part D of title II (20 U.S.C. 6671 et seq.) is amended to
read as follows:
``PART D--NATIONAL WRITING PROJECT
``SEC. 2301. PURPOSE.
``The purpose of this part is--
``(1) to support and promote the expansion of the National
Writing Project network of sites so that teachers in every
region of the United States will have access to a National
Writing Project program;
``(2) to ensure the consistent high quality of the programs
through ongoing review, evaluation, and provision of
technical assistance;
``(3) to support and promote the establishment of programs
to disseminate information on effective practices and
research findings about the teaching of writing; and
``(4) to coordinate activities assisted under this part
with other activities assisted under this Act.
``SEC. 2302. NATIONAL WRITING PROJECT.
``(a) Authorization.--The Secretary is authorized to make a
grant to the National Writing Project (referred to in this
section as the `grantee'), a nonprofit educational
organization that has, as the primary purpose of the
organization, the improvement of the quality of student
writing and learning, to support the establishment and
operation of teacher training programs to improve the
teaching and uses of writing for learning in the Nation's
classrooms.
``(b) Requirements of Grant.--The grant agreement for the
grant shall provide that--
``(1) the grantee will enter into contracts with
institutions of higher education or other nonprofit
educational providers (referred to individually in this
section as a `contractor') under which the contractors will
agree to establish, operate, and provide the non-Federal
share of the cost of establishing and operating teacher
training programs concerning effective approaches and
processes for the teaching of writing;
``(2) funds made available by the Secretary to the grantee
under this section will be used to pay for the Federal share
of the cost of establishing and operating teacher training
programs as provided in paragraph (1); and
``(3) the grantee will meet such other conditions and
standards as the Secretary determines to be necessary to
assure compliance with the provisions of this section and
will provide such technical assistance as may be necessary to
carry out the provisions of this section.
``(c) Teacher Training Programs.--In operating a teacher
training program authorized in subsection (a), a contractor
shall--
``(1) conduct the program during the school year and during
the summer months;
``(2) train teachers who teach kindergarten, grades 1
through 12, and college;
``(3) select teachers to become members of a National
Writing Project teacher network, for which each member will
conduct writing workshops for other teachers in the area
served by a National Writing Project site; and
``(4) encourage teachers from all disciplines to
participate in such a teacher training program.
``(d) Federal Share.--
``(1) In general.--In this section, except as provided in
paragraph (2) or (3), the term `Federal share' means, with
respect to the cost of establishing and operating teacher
training programs authorized in subsection (a), 50 percent of
such cost to the contractor.
``(2) Waiver.--The Secretary may waive the provisions of
paragraph (1) on a case-by-case basis if the National
Advisory Board described in subsection (e) determines, on the
basis of financial need, that such waiver is necessary.
``(3) Maximum.--The Federal share of the cost described in
subsection (b) may not exceed $100,000 for any 1 contractor,
or $200,000 for a statewide program administered by any 1
contractor in at least 5 sites throughout the State.
``(e) National Advisory Board.--
``(1) Establishment.--The National Writing Project shall
establish and operate a National Advisory Board.
``(2) Composition.--The National Advisory Board established
pursuant to paragraph (1) shall consist of--
``(A) national educational leaders;
``(B) leaders in the field of writing; and
``(C) such other individuals as the National Writing
Project determines to be necessary.
``(3) Duties.--The National Advisory Board established
pursuant to paragraph (1) shall--
``(A) advise the National Writing Project on national
issues related to student writing and the teaching of
writing;
``(B) review the activities and programs of the National
Writing Project; and
``(C) support the continued development of the National
Writing Project.
``(f) Teacher Training Evaluation.--
``(1) In general.--
``(A) Evaluation.--The Secretary shall conduct an
independent evaluation by grant or contract of the teacher
training programs administered pursuant to this section in
accordance with part B of title X. In conducting the
evaluation, the Secretary shall determine the amount of funds
expended by the National Writing Project and each contractor
receiving assistance under this section for administrative
costs.
``(B) Report.--The Secretary shall submit a report
containing the results of such evaluation, including the
amount determined by the Secretary under subparagraph (A), to
the appropriate committees of Congress.
``(2) Funding limitation.--The Secretary shall reserve not
more than $150,000 from the total amount appropriated
pursuant to the authority of subsection (h) for fiscal year
2001 and the 4 subsequent fiscal years to conduct the
evaluation described in paragraph (1).
``(g) Application Review.--
``(1) Review board.--The National Writing Project shall
establish and operate a National Review Board that shall
consist of--
``(A) leaders in the field of research in writing; and
``(B) such other individuals as the National Writing
Project determines to be necessary.
``(2) Duties.--The National Review Board shall--
``(A) review all applications for assistance submitted
under this section; and
``(B) recommend applications for assistance submitted under
this section for funding by the National Writing Project.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section,
$15,000,000 for fiscal year 2001, and such sums as may be
necessary for each of the 4 subsequent fiscal years.''.
SEC. 205. GENERAL PROVISIONS.
Title II (20 U.S.C. 6601 et seq.) is amended--
(1) by redesignating part E as part G; and
(2) by repealing sections 2401 and 2402 and inserting the
following:
``SEC. 2601. PROHIBITION ON MANDATORY NATIONAL CERTIFICATION
OR LICENSING OF TEACHERS.
``(a) Prohibition on Mandatory Testing, Certification, or
Licensing.--Notwithstanding any other provision of law, the
Secretary may not use Federal funds to plan, develop,
implement, or administer any mandatory national teacher test
or mandatory method of certification or licensing.
``(b) Prohibition on Withholding Funds.--The Secretary may
not withhold funds from any State or local educational agency
if such State or local educational agency fails to adopt a
specific method of teacher certification or licensing.
``SEC. 2602. HOME SCHOOLS.
``Nothing in this title shall be construed to permit,
allow, encourage, or authorize any Federal control over any
aspect of any private, religious, or home school, whether a
home school is treated as a private school or home school
under the law of the State involved, except that the
Secretary may require that funds provided to a school under
this title be used for the purposes described in this title.
This section shall not be construed to bar private,
religious, or home schools from participating in or receiving
programs or services under this title.''.
SEC. 206. NEW CENTURY PROGRAM AND DIGITAL EDUCATION CONTENT
COLLABORATIVE.
Title II is amended by inserting before part G (20 U.S.C.
6701 et seq.) the following:
``PART E--THE NEW CENTURY PROGRAM FOR DISTRIBUTED TEACHER PROFESSIONAL
DEVELOPMENT
``SEC. 2401. PROJECT AUTHORIZED.
``(a) Purpose.--It is the purpose of this part to carry out
a program designed to assist elementary school and secondary
school teachers in preparing all students for achieving State
content standards.
``(b) Grants.--The Secretary may make a grant to a
nonprofit telecommunications entity, or a partnership of such
entities, for the purpose of carrying out a national
telecommunications-based program to improve teaching in core
curriculum areas to achieve the purpose described in
subsection (a).
``SEC. 2402. APPLICATION.
``(a) In General.--Each nonprofit telecommunications
entity, or partnership of such entities, desiring a grant
under this part shall submit an application to the Secretary.
Each such application shall--
``(1) demonstrate that the applicant will use the public
broadcasting infrastructure and school digital networks,
where available, to deliver video and data in an integrated
service to train teachers in the use of standards-based
curricula materials and learning technologies;
``(2) provide an assurance that the project for which the
assistance is being sought will be conducted in cooperation
with appropriate State educational agencies, local
educational agencies, national, State, or local nonprofit
public telecommunications entities, and national education
professional associations that have developed content
standards in the relevant subject areas;
``(3) provide an assurance that a significant portion of
the benefits available for elementary
[[Page S3075]]
schools and secondary schools from the project for which the
assistance is being sought will be available to schools of
local educational agencies which have a high percentage of
children counted under section 1124(c); and
``(4) contain such additional assurances as the Secretary
may reasonably require.
``(b) Approval, Number of Sites.--In approving applications
under this section, the Secretary shall ensure that the
program authorized by this part is conducted at elementary
school and secondary school sites in at least 15 States.
``SEC. 2403. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part, $20,000,000 for fiscal year 2001, and such sums as may
be necessary for each of the 4 subsequent fiscal years.
``PART F--DIGITAL EDUCATION CONTENT COLLABORATIVE
``SEC. 2501. DIGITAL EDUCATION CONTENT COLLABORATIVE.
``(a) In General.--The Secretary may award grants to, or
enter into contracts or cooperative agreements with, eligible
entities described in section 2502(b) to develop, produce,
and distribute educational and instructional video
programming that is designed for use by kindergarten through
grade 12 schools and based on State standards.
``(b) Availability.--In awarding grants, contracts, or
cooperative agreements under subsection (a), the Secretary
shall ensure that eligible entities enter into multiyear
content development collaborative arrangements with State
educational agencies, local educational agencies,
institutions of higher education, businesses, or other
agencies and organizations.
``SEC. 2502. EDUCATIONAL PROGRAMMING.
``(a) Awards.--The Secretary shall award grants, contracts,
or cooperative agreements under this part to eligible
entities to facilitate the development of educational
programming that shall--
``(1) include student assessment tools to provide feedback
on student performance;
``(2) include built-in teacher utilization and support
components to ensure that teachers understand and can easily
use the content of the programming with group instruction or
for individual student use;
``(3) be created for, or adaptable to, State content
standards; and
``(4) be capable of distribution through digital
broadcasting and school digital networks.
``(b) Eligible Entities.--To be eligible to receive a
grant, contract, or cooperative agreement under section
2501(a), an entity shall be a local public telecommunications
entity as defined in section 397(12) of the Communications
Act of 1934 that is able to demonstrate a capacity for the
development and distribution of educational and instructional
television programming of high quality.
``(c) Competitive Basis.--Grants, contracts, or cooperative
agreements under this part shall be awarded on a competitive
basis as determined by the Secretary.
``(d) Duration.--Each grant, contract, or cooperative
agreement under this part shall be awarded for a period of 3
years in order to allow time for the creation of a
substantial body of significant content.
``SEC. 2503. APPLICATIONS.
``Each eligible entity desiring a grant, contract, or
cooperative agreement under this part shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require.
``SEC. 2504. MATCHING REQUIREMENT.
``An eligible entity receiving a grant, contract, or
cooperative agreement under this part shall contribute to the
activities assisted under this part non-Federal matching
funds in an amount equal to not less than 100 percent of the
amount of the grant, contract, or cooperative agreement. Non-
Federal funds may include funds provided from a non-Federal
source for the transition to digital broadcasting, as well as
in-kind contributions.
``SEC. 2505. ADMINISTRATIVE COSTS.
``With respect to the implementation of this part, entities
receiving a grant, contract, or cooperative agreement under
this part may use not more than 5 percent of the amounts
received under the grant, contract, or cooperative agreement
for the normal and customary expenses of administering the
grant.
``SEC. 2506. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part, $25,000,000 for fiscal year 2001, and such sums as may
be necessary for each of the 4 subsequent fiscal years.''.
SEC. 207. CONFORMING AMENDMENTS.
(a) Ed-Flex Programs.--Section 4(b)(2) of the Education
Flexibility Partnership Act of 1999 (20 U.S.C. 5891b(b)(2))
is amended by striking ``Part B of title II'' and inserting
``Subparts 1, 2, and 3 of part A of title II''.
(b) Waiver Authority of Secretary of Education.--Section
502(b)(2) of the School-to-Work Opportunities Act of 1994 (20
U.S.C. 6212(b)(2)) is amended by striking ``part A of title
II'' and inserting ``subpart 4 of part A of title II''.
TITLE III--ENRICHMENT INITIATIVES
SEC. 301. ENRICHMENT INITIATIVES.
Title III (20 U.S.C. 6801 et seq.) is amended to read as
follows:
``TITLE III--ENRICHMENT INITIATIVES
``PART A--21ST CENTURY COMMUNITY LEARNING CENTERS
``SEC. 3101. SHORT TITLE.
``This part may be cited as the ``21st Century Community
Learning Centers Act''.
``SEC. 3102. PURPOSE.
It is the purpose of this part--
``(1) to provide local public schools with the opportunity
to serve as centers for the delivery of education and human
resources for all members of communities;
``(2) to enable public schools, primarily in rural and
inner city communities, to collaborate with other public and
nonprofit agencies and organizations, local businesses,
educational entities (such as vocational and adult education
programs, school-to-work programs, community colleges, and
universities), recreational, cultural, and other community
and human service entities, to meet the needs of, and expand
the opportunities available to, the residents of the
communities served by such schools;
``(3) to use school facilities, equipment, and resources so
that communities can promote a more efficient use of public
education facilities, especially in rural and inner city
areas where limited financial resources have enhanced the
necessity for local public schools to become social service
centers;
``(4) to enable schools to become centers of lifelong
learning; and
``(5) to enable schools to provide educational
opportunities for individuals of all ages.
``SEC. 3103. PROGRAM AUTHORIZATION.
``(a) Grants by the Secretary.--The Secretary is
authorized, in accordance with the provisions of this part,
to award grants to rural and inner-city public elementary or
secondary schools, or consortia of such schools, to enable
such schools or consortia to plan, implement, or to expand
projects that benefit the educational, health, social
service, cultural, and recreational needs of a rural or
inner-city community.
``(b) Equitable Distribution.--In awarding grants under
this part, the Secretary shall assure an equitable
distribution of assistance among the States, among urban and
rural areas of the United States, and among urban and rural
areas of a State.
``(c) Grant Period.--The Secretary shall award grants under
this part for a period not to exceed 3 years.
``(d) Amount.--The Secretary shall not award a grant under
this part in any fiscal year in an amount less than $35,000.
``SEC. 3104. APPLICATION REQUIRED.
``(a) Application.--To be eligible to receive a grant under
this part, an elementary or secondary school or consortium
shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may reasonably prescribe. Each such application
shall include--
``(1) a comprehensive local plan that enables the school or
consortium to serve as a center for the delivery of education
and human resources for members of a community;
``(2) an evaluation of the needs, available resources, and
goals and objectives for the proposed project in order to
determine which activities will be undertaken to address such
needs; and
``(3) a description of the proposed project, including--
``(A) a description of the mechanism that will be used to
disseminate information in a manner that is understandable
and accessible to the community;
``(B) identification of Federal, State, and local programs
to be merged or coordinated so that public resources may be
maximized;
``(C) a description of the collaborative efforts to be
undertaken by community-based organizations, related public
agencies, businesses, or other appropriate organizations;
``(D) a description of how the school or consortium will
serve as a delivery center for existing and new services,
especially for interactive telecommunication used for
education and professional training; and
``(E) an assurance that the school or consortium will
establish a facility utilization policy that specifically
states--
``(i) the rules and regulations applicable to building and
equipment use; and
``(ii) supervision guidelines.
``(b) Priority.--The Secretary shall give priority to
applications describing projects that offer a broad selection
of services which address the needs of the community.
``SEC. 3105. USES OF FUNDS.
``Grants awarded under this part may be used to plan,
implement, or expand community learning centers which include
not less than four of the following activities:
``(1) Literacy education programs.
``(2) Senior citizen programs.
``(3) Children's day care services.
``(4) Integrated education, health, social service,
recreational, or cultural programs.
``(5) Summer and weekend school programs in conjunction
with recreation programs.
``(6) Nutrition and health programs.
``(7) Expanded library service hours to serve community
needs.
``(8) Telecommunications and technology education programs
for individuals of all ages.
``(9) Parenting skills education programs.
``(10) Support and training for child day care providers.
``(11) Employment counseling, training, and placement.
``(12) Services for individuals who leave school before
graduating from secondary school, regardless of the age of
such individual.
``(13) Services for individuals with disabilities.
``SEC. 3106. DEFINITION.
``For the purpose of this part, the term `community
learning center' means an entity within a public elementary
or secondary school building that--
``(1) provides educational, recreational, health, and
social service programs for residents of all ages within a
local community; and
``(2) is operated by a local educational agency in
conjunction with local governmental agencies, businesses,
vocational education programs,
[[Page S3076]]
institutions of higher education, community colleges, and
cultural, recreational, and other community and human service
entities.
``SEC. 3107. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $500,000,000 for
fiscal year 2001, and such sums as may be necessary for each
of the four succeeding fiscal years, to carry out this part.
``PART B--INITIATIVES FOR NEGLECTED, DELINQUENT, OR AT RISK STUDENTS
``Subpart 1--Prevention and Intervention Programs for Children and
Youth Who Are Neglected, Delinquent, or at Risk of Dropping Out
``SEC. 3321. PURPOSE; PROGRAM AUTHORIZED.
``(a) Purpose.--It is the purpose of this subpart--
``(1) to improve educational services for children in local
and State institutions for neglected or delinquent children
and youth so that such children and youth have the
opportunity to meet the same challenging State content
standards and challenging State student performance standards
that all children in the State are expected to meet;
``(2) to provide such children and youth with the services
needed to make a successful transition from
institutionalization to further schooling or employment; and
``(3) to prevent at-risk youth from dropping out of school
and to provide dropouts and youth returning from institutions
with a support system to ensure their continued education.
``(b) Program Authorized.--In order to carry out the
purpose of this subpart the Secretary shall make grants to
State educational agencies to enable such agencies to award
subgrants to State agencies and local educational agencies to
establish or improve programs of education for neglected or
delinquent children and youth at risk of dropping out of
school before graduation.
``SEC. 3322. PAYMENTS FOR PROGRAMS UNDER THIS SUBPART.
``(a) Agency Subgrants.--Based on the allocation amount
computed under section 3332, the Secretary shall allocate to
each State educational agency amounts necessary to make
subgrants to State agencies under chapter 1.
``(b) Local Subgrants.--Each State shall retain, for
purposes of carrying out chapter 2, funds generated
throughout the State under part A of title I based on youth
residing in local correctional facilities, or attending
community day programs for delinquent children and youth.
``Chapter 1--State Agency Programs
``SEC. 3331. ELIGIBILITY.
``A State agency is eligible for assistance under this
chapter if such State agency is responsible for providing
free public education for children--
``(1) in institutions for neglected or delinquent children
and youth;
``(2) attending community day programs for neglected or
delinquent children and youth; or
``(3) in adult correctional institutions.
``SEC. 3332. ALLOCATION OF FUNDS.
``(a) Subgrants to State Agencies.--
``(1) In general.--Each State agency described in section
3331 (other than an agency in the Commonwealth of Puerto
Rico) is eligible to receive a subgrant under this subpart,
for each fiscal year, an amount equal to the product of--
``(A) the number of neglected or delinquent children and
youth described in section 3331 who--
``(i) are enrolled for at least 15 hours per week in
education programs in adult correctional institutions; and
``(ii) are enrolled for at least 20 hours per week--
``(I) in education programs in institutions for neglected
or delinquent children and youth; or
``(II) in community day programs for neglected or
delinquent children and youth; 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, nor more than
48 percent, of the average per-pupil expenditure in the
United States.
``(2) Special rule.--The number of neglected or delinquent
children and youth determined under paragraph (1) shall--
``(A) be determined by the State agency by a deadline set
by the Secretary, except that no State agency shall be
required to determine the number of such children and youth
on a specific date set by the Secretary; and
``(B) be adjusted, as the Secretary determines is
appropriate, to reflect the relative length of such agency's
annual programs.
``(b) Subgrants to State Agencies in Puerto Rico.--For each
fiscal year, the amount of the subgrant for which a State
agency in the Commonwealth of Puerto Rico is eligible under
this subpart shall be equal to--
``(1) the number of children and youth counted under
subsection (a)(1)(A) for the Commonwealth of Puerto Rico;
multiplied by
``(2) the product of--
``(A) the percentage that the average per-pupil expenditure
in the Commonwealth of Puerto Rico is of the lowest average
per-pupil expenditure of any of the 50 States; and
``(B) 32 percent of the average per-pupil expenditure in
the United States.
``(c) Ratable Reductions in Case of Insufficient
Appropriations.--If the amount appropriated for any fiscal
year for subgrants under subsections (a) and (b) is
insufficient to pay the full amount for which all State
agencies are eligible under such subsections, the Secretary
shall ratably reduce each such amount.
``SEC. 3333. STATE REALLOCATION OF FUNDS.
``If a State educational agency determines that a State
agency does not need the full amount of the subgrant for
which such State agency is eligible under this subpart for
any fiscal year, the State educational agency may reallocate
the amount that will not be needed to other eligible State
agencies that need additional funds to carry out the purpose
of this subpart, in such amounts as the State educational
agency shall determine.
``SEC. 3334. STATE PLAN AND STATE AGENCY APPLICATIONS.
``(a) State Plan.--
``(1) In general.--Each State educational agency that
desires to receive a grant under this subpart shall submit,
for approval by the Secretary, a plan for meeting the needs
of neglected and delinquent children and youth and, where
applicable, children and youth at risk of dropping out of
school, that is integrated with other programs under this
Act, or other Acts, as appropriate, consistent with section
6506.
``(2) Contents.--Each such State plan shall--
``(A) describe the program goals, objectives, and
performance measures established by the State that will be
used to assess the effectiveness of the program in improving
academic and vocational skills of children in the program;
``(B) provide that, to the extent feasible, such children
will have the same opportunities to learn as such children
would have if such children were in the schools of local
educational agencies in the State; and
``(C) contain assurances that the State educational agency
will--
``(i) ensure that programs assisted under this subpart will
be carried out in accordance with the State plan described in
this subsection;
``(ii) carry out the evaluation requirements of section
3351;
``(iii) ensure that the State agencies receiving subgrants
under this chapter 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 State plan shall--
``(A) remain in effect for the duration of the State's
participation under this subpart; and
``(B) be periodically reviewed and revised by the State, as
necessary, to reflect changes in the State's strategies and
programs under this subpart.
``(b) Secretarial Approval; Peer Review.--
``(1) In general.--The Secretary shall approve each State
plan that meets the requirements of this subpart.
``(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
chapter 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 institutions, 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;
``(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 3336 are of high
quality;
``(6) describes how the agency will carry out the
evaluation requirements of section 10201 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
the fiscal effort required of a local educational agency, in
accordance with section 10101;
``(8) describes how the programs will be coordinated with
other appropriate State and Federal programs, such as
programs under title I of the Workforce Investment Act of
1998, vocational education programs, State and local dropout
prevention programs, and special education programs;
``(9) describes how appropriate professional development
will be provided to teachers and other staff;
``(10) designates an individual in each affected
institution to be responsible for issues relating to the
transition of children and youth from the institution to
locally operated programs;
``(11) describes how the agency will, endeavor to
coordinate with businesses for training and mentoring for
participating children and youth;
``(12) provides assurances that the agency will assist in
locating alternative programs through which students can
continue their education if students are not returning to
school after leaving the correctional facility;
``(13) provides assurances that the agency will work with
parents to secure parents' assistance in improving the
educational achievement of their children and preventing
their children's further involvement in delinquent
activities;
``(14) provides assurances that the agency works with
special education youth in order to meet an existing
individualized education program and an assurance that the
agency will notify the youth's local school if the youth--
``(A) is identified as in need of special education
services while the youth is in the facility; and
``(B) intends to return to the local school;
``(15) provides assurances that the agency will work with
youth who dropped out of school before entering the facility
to encourage the youth to reenter school once the term of the
youth has been completed or provide the youth with the
[[Page S3077]]
skills necessary to gain employment, continue the education
of the youth, or achieve a secondary school diploma or its
recognized equivalent if the youth does not intend to return
to school;
``(16) provides assurances that teachers and other
qualified staff are also trained to work with children with
disabilities and other students with special needs taking
into consideration the unique needs of such students;
``(17) describes any additional services provided to
children and youth, such as career counseling, and assistance
in securing student loans and grants; and
``(18) provides assurances that the program under this
chapter will be coordinated with any programs operated under
the Juvenile Justice and Delinquency Prevention Act of 1974
or other comparable programs, if applicable.
``SEC. 3335. USE OF FUNDS.
``(a) Uses.--
``(1) In general.--A State agency shall use funds received
under this chapter only for programs and projects that--
``(A) are consistent with the State plan under section
3334(a); and
``(B) concentrate on providing participants with the
knowledge and skills needed to make a successful transition
to secondary school completion, further education, or
employment.
``(2) Programs and projects.--Such programs and projects--
``(A) may include the acquisition of equipment;
``(B) shall be designed to support educational services
that--
``(i) except for institution-wide projects under section
3336, are provided to children and youth identified by the
State agency as failing, or most at risk of failing, to meet
the State's challenging State content standards and
challenging State student performance standards;
``(ii) supplement and improve the quality of the
educational services provided to such children and youth by
the State agency; and
``(iii) afford such children and youth an opportunity to
learn to such challenging State standards;
``(C) shall be carried out in a manner consistent with
section 1120A and part F of title I; and
``(D) may include the costs of meeting the evaluation
requirements of section 10201.
``(b) Supplement, Not Supplant.--A program under this
chapter that supplements the number of hours of instruction
students receive from State and local sources shall be
considered to comply with the supplement, not supplant
requirement of section 1120A without regard to the subject
areas in which instruction is given during those hours.
``SEC. 3336. INSTITUTION-WIDE PROJECTS.
``A State agency that provides free public education for
children and youth in an institution for neglected or
delinquent children and youth (other than an adult
correctional institution) or attending a community-day
program for such children may use funds received under this
subpart to serve all children in, and upgrade the entire
educational effort of, that institution or program if the
State agency has developed, and the State educational agency
has approved, a comprehensive plan for that institution or
program that--
``(1) provides for a comprehensive assessment of the
educational needs of all youth in the institution or program
serving juveniles;
``(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration within
a two-year period;
``(3) describes the steps the State agency has taken, or
will take, to provide all youth under age 21 with the
opportunity to meet challenging State content standards and
challenging State student performance standards in order to
improve the likelihood that the youths will complete
secondary school, attain a secondary diploma or its
recognized equivalent, or find employment after leaving the
institution;
``(4) describes the instructional program, pupil services,
and procedures that will be used to meet the needs described
in paragraph (1), including, to the extent feasible, the
provision of mentors for students;
``(5) specifically describes how such funds will be used;
``(6) describes the measures and procedures that will be
used to assess student progress;
``(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or program-wide
project in consultation with personnel providing direct
instructional services and support services in institutions
or community-day programs for neglected or delinquent
children and personnel from the State educational agency; and
``(8) includes an assurance that the State agency has
provided for appropriate training for teachers and other
instructional and administrative personnel to enable such
teachers and personnel to carry out the project effectively.
``SEC. 3337. THREE-YEAR PROGRAMS OR PROJECTS.
``If a State agency operates a program or project under
this chapter in which individual children are likely to
participate for more than one year, the State educational
agency may approve the State agency's application for a
subgrant under this subpart for a period of not more than
three years.
``SEC. 3338. TRANSITION SERVICES.
``(a) Transition Services.--Each State agency shall reserve
not more than 10 percent of the amount such agency receives
under this chapter for any fiscal year to support projects
that facilitate the transition of children and youth from
State-operated institutions to local educational agencies.
``(b) Conduct of Projects.--A project supported under this
section may be conducted directly by the State agency, or
through a contract or other arrangement with one or more
local educational agencies, other public agencies, or private
nonprofit organizations.
``(c) Limitation.--Any funds reserved under subsection (a)
shall be used only to provide transitional educational
services, which may include pupil services and mentoring, to
neglected and delinquent children and youth in schools other
than State-operated institutions.
``(d) Construction.--Nothing in this section shall be
construed to prohibit a school that receives funds under
subsection (a) from serving neglected and delinquent children
and youth simultaneously with students with similar
educational needs, in the same educational settings where
appropriate.
``Chapter 2--Local Agency Programs
``SEC. 3341. PURPOSE.
``The purpose of this chapter is to support the operation
of local educational agency programs that involve
collaboration with locally operated correctional facilities
to--
``(1) carry out high quality education programs to prepare
youth for secondary school completion, training, and
employment, or further education;
``(2) provide activities to facilitate the transition of
such youth from the correctional program to further education
or employment; and
``(3) operate dropout prevention programs in local schools
for youth at risk of dropping out of school and youth
returning from correctional facilities.
``SEC. 3342. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
``(a) Local Subgrants.--With funds made available under
section 3322(b), the State educational agency shall award
subgrants to local educational agencies with high numbers or
percentages of youth residing in locally operated (including
county operated) correctional facilities for youth (including
facilities involved in community day programs).
``(b) Special Rule.--A local educational agency which
includes a correctional facility that operates a school is
not required to operate a dropout prevention program if more
than 30 percent of the youth attending such facility will
reside outside the boundaries of the local educational agency
upon leaving such facility.
``(c) Notification.--A State educational agency shall
notify local educational agencies within the State of the
eligibility of such agencies to receive a subgrant under this
chapter.
``SEC. 3343. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
``Eligible local educational agencies desiring assistance
under this chapter shall submit an application to the State
educational agency, containing such information as the State
educational agency may require. Each such application shall
include--
``(1) a description of the program to be assisted;
``(2) a description of formal agreements between--
``(A) the local educational agency; and
``(B) correctional facilities and alternative school
programs serving youth involved with the juvenile justice
system to operate programs for delinquent youth;
``(3) as appropriate, a description of how participating
schools will coordinate with facilities working with
delinquent youth to ensure that such youth are participating
in an education program comparable to one operating in the
local school such youth would attend;
``(4) as appropriate, a description of the dropout
prevention program operated by participating schools and the
types of services such schools will provide to at-risk youth
in participating schools and youth returning from
correctional facilities;
``(5) as appropriate, a description of the youth expected
to be served by the dropout prevention program and how the
school will coordinate existing educational programs to meet
unique education needs;
``(6) as appropriate, a description of how schools will
coordinate with existing social and health services to meet
the needs of students at risk of dropping out of school and
other participating students, including prenatal health care
and nutrition services related to the health of the parent
and child, parenting and child development classes, child
care, targeted re-entry and outreach programs, referrals to
community resources, and scheduling flexibility;
``(7) as appropriate, a description of any partnerships
with local businesses to develop training and mentoring
services for participating students;
``(8) as appropriate, a description of how the program will
involve parents in efforts to improve the educational
achievement of their children, assist in dropout prevention
activities, and prevent the involvement of their children in
delinquent activities;
``(9) a description of how the program under this chapter
will be coordinated with other Federal, State, and local
programs, such as programs under title I of the Workforce
Investment Act of 1998 and vocational education programs
serving at-risk youth;
``(10) a description of how the program will be coordinated
with programs operated under the Juvenile Justice and
Delinquency Prevention Act of 1974 and other comparable
programs, if applicable;
``(11) as appropriate, a description of how schools will
work with probation officers to assist in meeting the needs
of youth returning from correctional facilities;
``(12) a description of efforts participating schools will
make to ensure correctional facilities working with youth are
aware of a child's existing individualized education program;
and
[[Page S3078]]
``(13) as appropriate, a description of the steps
participating schools will take to find alternative
placements for youth interested in continuing their education
but unable to participate in a regular public school program.
``SEC. 3344. USES OF FUNDS.
``Funds provided to local educational agencies under this
chapter may be used, where appropriate, for--
``(1) dropout prevention programs which serve youth at
educational risk, including pregnant and parenting teens,
youth who have come in contact with the juvenile justice
system, youth at least one year behind their expected grade
level, migrant youth, immigrant youth, students with limited-
English proficiency and gang members;
``(2) the coordination of health and social services for
such individuals if there is a likelihood that the provision
of such services, including day care and drug and alcohol
counseling, will improve the likelihood such individuals will
complete their education; and
``(3) programs to meet the unique education needs of youth
at risk of dropping out of school, which may include
vocational education, special education, career counseling,
and assistance in securing student loans or grants.
``SEC. 3345. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES
RECEIVING FUNDS UNDER THIS SECTION.
``Each correctional facility having an agreement with a
local educational agency under section 3343(2) to provide
services to youth under this chapter shall--
``(1) where feasible, ensure educational programs in
juvenile facilities are coordinated with the student's home
school, particularly with respect to special education
students with an individualized education program;
``(2) notify the local school of a youth if the youth is
identified as in need of special education services while in
the facility;
``(3) where feasible, provide transition assistance to help
the youth stay in school, including coordination of services
for the family, counseling, assistance in accessing drug and
alcohol abuse prevention programs, tutoring, and family
counseling;
``(4) provide support programs which encourage youth who
have dropped out of school to reenter school once their term
has been completed or provide such youth with the skills
necessary for such youth to gain employment or seek a
secondary school diploma or its recognized equivalent;
``(5) work to ensure such facilities are staffed with
teachers and other qualified staff who are trained to work
with children with disabilities and other students with
special needs taking into consideration the unique needs of
such children and students;
``(6) ensure educational programs in correctional
facilities are related to assisting students to meet high
educational standards;
``(7) use, to the extent possible, technology to assist in
coordinating educational programs between the juvenile
facility and the community school;
``(8) where feasible, involve parents in efforts to improve
the educational achievement of their children and prevent the
further involvement of such children in delinquent
activities;
``(9) coordinate funds received under this program with
other local, State, and Federal funds available to provide
services to participating youth, such as funds made available
under title I of the Workforce Investment Act of 1998, and
vocational education funds;
``(10) coordinate programs operated under this chapter with
activities funded under the Juvenile Justice and Delinquency
Prevention Act of 1974 and other comparable programs, if
applicable; and
``(11) if appropriate, work with local businesses to
develop training and mentoring programs for participating
youth.
``SEC. 3346. ACCOUNTABILITY.
``The State educational agency may--
``(1) reduce or terminate funding for projects under this
chapter if a local educational agency does not show progress
in reducing dropout rates for male students and for female
students over a 3-year period; and
``(2) require juvenile facilities to demonstrate, after
receiving assistance under this chapter for 3 years, that
there has been an increase in the number of youth returning
to school, obtaining a secondary school diploma or its
recognized equivalent, or obtaining employment after such
youth are released.
``Chapter 3--General Provisions
``SEC. 3351. PROGRAM EVALUATIONS.
``(a) Scope of Evaluation.--Each State agency or local
educational agency that conducts a program under chapter 1 or
2 shall evaluate the program, disaggregating data on
participation by sex, and if feasible, by race, ethnicity,
and age, not less than once every three years to determine
the program's impact on the ability of participants to--
``(1) maintain and improve educational achievement;
``(2) accrue school credits that meet State requirements
for grade promotion and secondary school graduation;
``(3) make the transition to a regular program or other
education program operated by a local educational agency; and
``(4) complete secondary school (or secondary school
equivalency requirements) and obtain employment after leaving
the institution.
``(b) Evaluation Measures.--In conducting each evaluation
under subsection (a), a State agency or local educational
agency shall use multiple and appropriate measures of student
progress.
``(c) Evaluation Results.--Each State agency and local
educational agency shall--
``(1) submit evaluation results to the State educational
agency; and
``(2) use the results of evaluations under this section to
plan and improve subsequent programs for participating
children and youth.
``SEC. 3352. DEFINITIONS.
``In this subpart:
``(1) Adult correctional institution.--The term `adult
correctional institution' means a facility in which persons
are confined as a result of a conviction for a criminal
offense, including persons under 21 years of age.
``(2) At-risk youth.--The term `at-risk youth' means school
aged youth who are at risk of academic failure, have drug or
alcohol problems, are pregnant or are parents, have come into
contact with the juvenile justice system in the past, are at
least one year behind the expected grade level for the age of
the youth, have limited-English proficiency, are gang
members, have dropped out of school in the past, or have high
absenteeism rates at school.
``(3) Community day program.--The term `community day
program' means a regular program of instruction provided by a
State agency at a community day school operated specifically
for neglected or delinquent children and youth.
``(4) Institution for neglected or delinquent children and
youth.--The term `institution for neglected or delinquent
children and youth' means--
``(A) a public or private residential facility, other than
a foster home, that is operated for the care of children who
have been committed to the institution or voluntarily placed
in the institution under applicable State law, due to
abandonment, neglect, or death of their parents or guardians;
or
``(B) a public or private residential facility for the care
of children who have been adjudicated to be delinquent or in
need of supervision.
``SEC. 3353. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $42,000,000 for
fiscal year 2001, and such sums as may be necessary for each
of the four succeeding fiscal years, to carry out this part.
``PART C--GIFTED AND TALENTED CHILDREN
``SEC. 3401. SHORT TITLE.
``This part may be cited as the `Jacob K. Javits Gifted and
Talented Students Education Act'.
``SEC. 3402. STATEMENT OF PURPOSE.
``(a) Purpose.--The purpose of this part is--
``(1) to provide grants to State educational agencies and
local public schools for the support of programs, classes,
and other services designed to meet the needs of the Nation's
gifted and talented students in elementary schools and
secondary schools;
``(2) to encourage the development of rich and challenging
curricula for all students through the appropriate
application and adaptation of materials and instructional
methods developed under this part; and
``(3) to supplement and make more effective the expenditure
of State and local funds for the education of gifted and
talented students.
``SEC. 3403. 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 setting where
appropriate.
``SEC. 3404. AUTHORIZATION OF APPROPRIATIONS; TRIGGER.
``(a) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this part
$155,000,000 for fiscal year 2001 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``(b) Trigger.--Notwithstanding any other provision of this
part, if the amount appropriated under subsection (a) for a
fiscal year is less than $50,000,000, then the Secretary
shall use such amount to carry out part B of title X (as such
part was in effect on the day before the date of enactment of
the Educational Opportunities Act).
``SEC. 3405. ALLOTMENT TO STATES.
``(a) Reservation.--From the funds appropriated under
section 3404(a) for any fiscal year, the Secretary shall
reserve not more than 1 percent for payments to the outlying
areas to be allotted to the outlying areas in accordance with
their respective needs for assistance under this part.
``(b) Allotment.--From the funds appropriated under section
3404(a) that are not reserved under subsection (a), the
Secretary shall allot to each State an amount that bears the
same relation to the funds as the school-age population of
the State bears to the school-age population of all States,
except that no State shall receive an allotment that is less
than 0.50 percent of the funds.
``(c) Grandfather Clause.--If the amount appropriated under
section 3404(a) for a fiscal year is $50,000,000 or more,
then the Secretary shall use such amount to continue to make
grant or contract payments to each entity that was awarded a
multiyear grant or contract under part B of title X (as such
part was in effect on the day before the date of enactment of
the Educational Opportunities Act) for the duration of the
grant or contract award.
``SEC. 3406. STATE APPLICATIONS.
``(a) Application Requirements.--Any State that desires to
receive assistance under this part shall submit to the
Secretary an application that--
``(1) designates the State educational agency as the agency
responsible for the administration and supervision of
programs assisted under this part;
``(2) contains an assurance of the State educational
agency's ability to provide matching funds for the activities
to be assisted under this part in an amount equal to not less
than 20 percent of the grant funds to be received, provided
in cash or in-kind;
[[Page S3079]]
``(3) provides for a biennial submission of data regarding
the use of funds under this part, the types of services
furnished under this part, and how the services impacted the
individuals assisted under this part;
``(4) provides that the State educational agency will keep
such records and provide such information to the Secretary as
may be required for fiscal audit and program evaluation
(consistent with all State educational agency fiscal audit
and program evaluation responsibilities under this Act);
``(5) contains an assurance that there is compliance with
the requirements of this part; and
``(6) provides for timely public notice and public
dissemination of the data submitted pursuant to paragraph
(3).
``(b) Duration and Amendments.--An application filed by the
State under subsection (a) shall be for a period not to
exceed 3 years.
``SEC. 3407. STATE USES OF FUNDS.
``(a) In General.--A State educational agency shall not use
more than 10 percent of the funds made available under this
part for--
``(1) establishment and implementation of a peer review
process for grant applications under this part;
``(2) supervision of the awarding of funds to local
educational agencies or consortia thereof to support gifted
and talented students from all economic, ethnic, and racial
backgrounds, including such students of limited English
proficiency and such students with disabilities;
``(3) planning, supervision, and processing of funds made
available under this section;
``(4) monitoring, evaluation, and dissemination of programs
and activities assisted under this part, including the
submission of an annual report to the Secretary that
describes the number of students served and the education
activities assisted under the grant;
``(5) providing technical assistance under this part; and
``(6) supplementing, but not supplanting, the amount of
State and local funds expended for the education of, and
related services provided for, the education of gifted and
talented students.
``(b) Parental Support.--A State educational agency shall
not use more than 2 percent of the funds made available under
this part for providing information, education, and support
to parents of gifted and talented children to enhance the
parents' ability to participate in decisions regarding their
children's educational programs.
``SEC. 3408. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES.
``(a) Grant Competition.--A State educational agency shall
use not less than 88 percent of the funds made available
under this part to award grants, on a competitive basis, to
local educational agencies or consortia thereof to support
programs, classes, and other services designed to meet the
needs of gifted and talented students.
``(b) Size of Grant.--A State educational agency shall
award a grant under this part for any fiscal year in an
amount sufficient to meet the needs of the students to be
served under the grant.
``SEC. 3409. LOCAL APPLICATION REQUIREMENTS.
``(a) Application.--To be eligible to receive a grant under
this part the local educational agency or consortium shall
submit an application to the State educational agency.
``(b) Contents.--Each such application shall include--
``(1) an assurance that the funds received under this part
will be used to identify and support gifted and talented
students, including gifted and talented students from all
economic, ethnic, and racial backgrounds, including such
students of limited English proficiency, and such students
with disabilities;
``(2) a description of how the local educational agency or
consortium will meet the educational needs of gifted and
talented students, including the training of personnel in the
education of gifted and talented students.
``SEC. 3410. LOCAL USES OF FUNDS.
``Grants awarded under this part shall be used by local
educational agencies or consortia to carry out 1 or more of
the following activities to benefit gifted and talented
students:
``(1) Professional development programs.--Developing and
implementing programs to address State and local needs for
inservice training activities for general educators,
specialists in gifted and talented education, administrators,
school counselors, or other school personnel.
``(2) Identification of students.--Delivery 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.
``(3) Model projects.--Supporting and implementing
innovative strategies such as cooperative learning, service
learning, peer tutoring, independent study, and adapted
curriculum used by schools or consortia.
``(4) Emerging technologies.--Assisting schools or
consortia of schools, that do not have the resources to
otherwise provide gifted and talented courses, to provide the
courses through new and emerging technologies, including
distance learning curriculum packages, except that funds
under this part shall not be used for the purchase or
upgrading of technological hardware.
``SEC. 3411. PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND
TEACHERS.
``In awarding grants 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 schools and secondary schools, including
the participation of teachers and other personnel in
professional development programs serving such children.
``SEC. 3412. ESTABLISHMENT OF NATIONAL CENTER.
``(a) Purpose.--The purposes of a National Center for
Research and Development in the Education of Gifted and
Talented Children and Youth are--
``(1) to develop, disseminate, and evaluate model projects
and activities for serving gifted and talented students;
``(2) to conduct research regarding innovative methods for
identifying and educating gifted and talented students; and
``(3) to provide technical assistance programs that will
further the education of gifted and talented students,
including how gifted and talented programs, where
appropriate, may be adapted for use by all students.
``(b) Center Established.--The Secretary 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 1 or more institutions of higher education,
State educational agencies, or a consortia of such
institutions and agencies.
``(c) Director.--The National Center shall have a Director.
The Secretary may authorize the Director to carry out such
functions of the National Center as may be agreed upon
through arrangements with other institutions of higher
education, and State educational agencies or local
educational agencies.
``(d) Grandfather Clause.--If the amount appropriated under
section 3404(a) for a fiscal year is $50,000,000 or more,
then the Secretary shall use such amount to continue to make
grant or contract payments to each entity that was awarded a
multiyear grant or contract under section 10204(c) (as such
section was in effect on the day before the date of enactment
of the Educational Opportunities Act) for the duration of the
grant or contract award.
``(e) Funding.--The Secretary may use not more than 30
percent of the funds made available under section 3404(a) for
any fiscal year to carry out this section.
``PART D--ARTS IN EDUCATION
``Subpart 1--Arts Education
``SEC. 3511. SUPPORT FOR ARTS EDUCATION.
``(a) Purposes.--The purposes of this subpart are to--
``(1) support systemic education reform by strengthening
arts education as an integral part of the elementary school
and secondary school curriculum;
``(2) help ensure that all students have the opportunity to
learn to challenging State content standards and challenging
State student performance standards in the arts;
``(3) support the national effort to enable all students to
demonstrate competence in the arts in accordance with the
America's Education Goals;
``(4) support model partnership programs between schools
and nonprofit cultural organizations designed to contribute
to overall achievement for students and complement
curriculum-based arts instruction in the classroom; and
``(5) support projects and programs in the performing arts
through arrangements with the John F. Kennedy Center for the
Performing Arts, and support model projects and programs that
assure the participation in the arts and education programs
for individuals with disabilities through VSA Arts.
``(b) Eligible Recipients.--In order to carry out the
purposes of this subpart, the Secretary is authorized to
award grants to, or enter into contracts or cooperative
agreements with--
``(1) State educational agencies;
``(2) local educational agencies;
``(3) institutions of higher education;
``(4) museums and other cultural institutions; and
``(5) other public and private agencies, institutions, and
organizations.
``(c) Authorized Activities.--Funds under this subpart may
be used for--
``(1) the development and dissemination of model arts
education programs or model arts education assessments based
on high standards;
``(2) the development and implementation of curriculum
frameworks for arts education;
``(3) the development of model preservice and inservice
professional development programs for arts educators and
other instructional staff;
``(4) supporting collaborative activities with other
Federal agencies or institutions involved in arts education,
such as the National Endowment for the Arts, the Institute of
Museum and Library Services, the John F. Kennedy Center for
the Performing Arts, VSA Arts, and the National Gallery of
Art;
``(5) supporting model projects and programs in the
performing arts for children and youth through arrangements
made with the John F. Kennedy Center for the Performing Arts;
``(6) supporting model projects and programs by VSA Arts
that assure the participation in mainstream settings in arts
and education programs of individuals with disabilities; and
``(7) supporting collaborative projects between schools,
and nonprofit cultural organizations with expertise in music,
dance, literature, theater and the visual arts, for model
school arts programs.
``(d) Coordination.--
``(1) In general.--A recipient of funds under this subpart,
to the extent possible, shall coordinate projects assisted
under this subpart with appropriate activities of public and
private cultural agencies, institutions, and organizations,
including museums, arts education associations, libraries,
and theaters.
``(2) Special rule.--In carrying out this subpart, the
Secretary shall coordinate with the National Endowment for
the Arts, the Institute of Museum and Library Services, the
John F. Kennedy Center for the Performing Arts, VSA Arts, and
the National Gallery of Art.
[[Page S3080]]
``(e) Authorization.--
``(1) In general.--For the purpose of carrying out this
subpart, there are authorized to be appropriated $25,000,000
for fiscal year 2001 and such sums as may be necessary for
each of the 4 succeeding fiscal years.
``(2) Special rule.--If the amount appropriated under
paragraph (1) for any fiscal year is $10,000,000 or less,
then such amount shall only be available to carry out the
activities described in paragraphs (5) and (6) of subsection
(c).
``Subpart 2--Cultural Partnerships for At-Risk Youth
``SEC. 3521. PURPOSE.
``The purpose of this subpart is to award grants to
eligible entities to improve the educational performance and
potential of at-risk youth by providing comprehensive and
coordinated educational and cultural services.
``SEC. 3522. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to award
grants to eligible entities to pay the Federal share of the
costs of the activities described in section 3523.
``(b) Special Requirements.--
``(1) In general.--The Secretary shall award grants under
this subpart only to eligible entities carrying out programs
designed to--
``(A) promote and enhance educational and cultural
activities;
``(B) provide multiyear services to at-risk youth and to
integrate community cultural resources into in-school and
after-school educational programs;
``(C) provide integration of community cultural resources
into the regular curriculum and school day;
``(D) focus school and cultural resources in the community
on coordinated cultural services to address the needs of at-
risk youth;
``(E) provide effective cultural programs to facilitate the
transition from preschool programs to elementary school
programs, including programs under the Head Start Act and
part C of the Individuals with Disabilities Education Act;
``(F) facilitate school-to-work transition from secondary
schools and alternative schools to job training, higher
education and employment through educational programs and
activities that utilize school resources;
``(G) increase parental and community involvement in the
educational, social, and cultural development of at-risk
youth; or
``(H)(i) develop programs and strategies that provide high-
quality coordinated educational and cultural services; and
``(ii) provide a model to replicate such services in other
schools and communities.
``(2) Partnership.--An interagency partnership comprised of
the Secretary, the Chairman of the National Endowment for the
Humanities, the Chairman of the National Endowment for the
Arts, and the Director of the Institute of Museum and Library
Services, or their designees, shall establish criteria and
procedures for awarding grants, including the establishment
of panels to review the applications, and shall administer
the grants program authorized by this section. The Secretary
shall publish such criteria and procedures in the Federal
Register.
``(3) Coordination.--Grants may only be awarded under this
subpart to eligible entities that agree to coordinate
activities carried out under other Federal, State, and local
grants, received by the members of the partnership for
purposes and target populations described in this subpart,
into an integrated service delivery system located at a
school, cultural, or other community-based site accessible to
and utilized by at-risk youth.
``(4) Eligible entities.--For purposes of this subpart, the
term `eligible entity' means a partnership between or among--
``(A)(i) one or more local educational agencies; or
``(ii) one or more individual schools that are eligible to
participate in a schoolwide program under section 1114; and
``(B) at least 1 institution of higher education, museum,
local arts agency, or nonprofit cultural organization or
institution with expertise in music, dance, theater, creative
writing, or visual arts, that is accessible to individuals
within the school district of such local educational agency
or school, and that has a history of providing quality
services to the community, which may include--
``(i) nonprofit institutions of higher education, museums,
libraries, performing, presenting and exhibiting arts
organizations, literary arts organizations, State and local
arts organizations, cultural institutions, and zoological and
botanical organizations; or
``(ii) private for-profit entities with a history of
training youth in the arts.
``(5) Geographic distribution.--In awarding grants under
this subpart the Secretary, to the extent feasible, shall
ensure an equitable geographic distribution of the grants.
``(6) Duration.--Grants made under this subpart may be
renewable for a maximum of 5 years if the Secretary
determines that the eligible recipient has made satisfactory
progress toward the achievement of the program objectives
described in the application.
``(7) Models.--The Secretary, in consultation with the
Chairman of the National Endowment for the Humanities, the
Chairman of the National Endowment for the Arts, and the
Director of the Institute of Museum and Library Services, or
their designees, shall submit successful models developed
under this subpart to the National Diffusion Network for
review.
``(c) Target Population.--To be eligible for a grant under
this subpart an eligible entity shall support activities
under this part that serve--
``(1) students enrolled in schools participating in a
schoolwide program under section 1114 and the families of
such students to the extent practicable;
``(2) out-of-school at-risk youth; or
``(3) a combination of in-school and out-of-school at-risk
youth.
``SEC. 3523. AUTHORIZED ACTIVITIES.
``(a) In General.--Grants awarded under this subpart may be
used--
``(1) to develop, acquire, implement, and expand school-
based coordinated educational and cultural programs to
strengthen the educational performance and potential of in-
school or out-of-school at-risk youth through grants,
cooperative agreements or contracts, or through the provision
of services;
``(2) to provide at-risk youth with integrated cultural
activities designed to improve academic achievement and the
transition of such students to all levels of education from
prekindergarten to secondary school and beyond;
``(3) to work with school personnel on staff development
activities that--
(A) encourage the integration of arts into the curriculum;
and
(B) to the greatest extent practicable, are tied to
challenging State content standards and challenging State
student performance standards;
``(4) for cultural programs that encourage the active
participation of parents in the education of their children;
and
``(5) for assistance that allows local artists to work with
at-risk youth in schools.
``(b) Applications.--
``(1) In general.--Each eligible entity desiring a grant
under this subpart shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may reasonably require.
``(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
``(A) describe the cultural entity or entities that will
participate in the partnership;
``(B) describe the target population to be served;
``(C) describe the services to be provided;
``(D) describe a plan for evaluating the success of the
program;
``(E) in the case of each local educational agency or
school participating in the partnership, describe how the
activities assisted under this subpart will be perpetuated
beyond the duration of the grant;
``(F) describe the manner in which the eligible entity will
improve the educational achievement or potential of at-risk
youth through more effective coordination of cultural
services in the community;
``(G) describe the overall and operational goals of the
program;
``(H) describe the nature and location of all planned sites
where services will be delivered and a description of
services which will be provided at each site; and
``(I) describe training that will be provided to
individuals who are not trained to work with youth, and how
teachers will be involved.
``SEC. 3524. PAYMENTS; AMOUNTS OF AWARD; COST SHARE;
LIMITATIONS.
``(a) Payments.--
``(1) In general.--The Secretary shall pay to each eligible
recipient having an application approved under section
3523(b) the Federal share of the cost of the activities
described in the application.
``(2) Special rule.--
``(A) In general.--Grants awarded under this subpart shall
be of sufficient size, scope, and quality to be effective.
``(B) Nonduplication.--The Secretary shall award grants
under this subpart so as to ensure nonduplication of services
provided by grant recipients and services provided by--
``(i) the National Endowment for the Humanities;
``(ii) the National Endowment for the Arts; and
``(iii) the Institute of Museum and Library Services.
``(b) Cost Share.--
``(1) Federal share.--The Federal share of the cost of
activities assisted under a grant under this subpart shall be
80 percent of the cost of carrying out the activities.
``(2) Non-federal share.--The non-Federal share of the cost
of activities assisted under a grant under this subpart shall
be 20 percent of the cost of carrying out the activities, and
may be provided in cash or in kind, fairly evaluated,
including the provision of equipment, services, or
facilities.
``(c) Limitations.--
``(1) Supplement and not supplant.--Grant funds awarded
under this part shall be used to supplement not supplant the
amount of funds made available from non-Federal sources, for
the activities assisted under this subpart, in amounts that
exceed the amounts expended for such activities in the year
preceding the year for which the grant is awarded.
``(2) Evaluation; replication; administrative costs.--
``(A) Secretary.--The Secretary may reserve not more than 5
percent of the grant funds received under this subpart in
each fiscal year for the costs of evaluation and replication
of programs funded under this subpart.
``(B) Eligible recipients.--Each eligible recipient may
reserve not more than 5 percent of any grant funds received
under this subpart in each fiscal year for the costs of
administration, including review and evaluation of each
program assisted under this subpart.
``SEC. 3525. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart, $45,000,000 for fiscal year 2001, and such sums as
may be necessary for each of the 4 succeeding fiscal years.
``PART E--ADVANCED PLACEMENT PROGRAMS
``SEC. 3601. SHORT TITLE.
``This part may be cited as the `Access to High Standards
Act'.
``SEC. 3602. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds that--
[[Page S3081]]
``(1) far too many students are not being provided
sufficient academic preparation in secondary school, which
results in limited employment opportunities, college dropout
rates of over 25 percent for the first year of college, and
remediation for almost one-third of incoming college
freshmen;
``(2) there is a growing consensus that raising academic
standards, establishing high academic expectations, and
showing concrete results are at the core of improving public
education;
``(3) modeling academic standards on the well-known program
of advanced placement courses is an approach that many
education leaders and almost half of all States have
endorsed;
``(4) advanced placement programs already are providing 30
different college-level courses, serving almost 60 percent of
all secondary schools, reaching over 1,000,000 students (of
whom 80 percent attend public schools, 55 percent are
females, and 30 percent are minorities), and providing test
scores that are accepted for college credit at over 3,000
colleges and universities, every university in Germany,
France, and Austria, and most institutions in Canada and the
United Kingdom;
``(5) 24 States are now funding programs to increase
participation in advanced placement programs, including 19
States that provide funds for advanced placement teacher
professional development, 3 States that require that all
public secondary schools offer advanced placement courses, 10
States that pay the fees for advanced placement tests for
some or all students, and 4 States that require that their
public universities grant uniform academic credit for scores
of 3 or better on advanced placement tests; and
``(6) the State programs described in paragraph (5) have
shown the responsiveness of schools and students to such
programs, raised the academic standards for both students
participating in such programs and other children taught by
teachers who are involved in advanced placement courses, and
shown tremendous success in increasing enrollment,
achievement, and minority participation in advanced placement
programs.
``(b) Purposes.--The purposes of this part are--
``(1) to encourage more of the 600,000 students who take
advanced placement courses but do not take advanced placement
exams each year to demonstrate their achievements through
taking the exams;
``(2) to build on the many benefits of advanced placement
programs for students, which benefits may include the
acquisition of skills that are important to many employers,
Scholastic Aptitude Tests (SAT) scores that are 100 points
above the national averages, and the achievement of better
grades in secondary school and in college than the grades of
students who have not participated in the programs;
``(3) to support State and local efforts to raise academic
standards through advanced placement programs, and thus
further increase the number of students who participate and
succeed in advanced placement programs;
``(4) to increase the availability and broaden the range of
schools that have advanced placement programs, which programs
are still often distributed unevenly among regions, States,
and even secondary schools within the same school district,
while also increasing and diversifying student participation
in the programs;
``(5) to build on the State programs described in
subsection (a)(5) and demonstrate that larger and more
diverse groups of students can participate and succeed in
advanced placement programs;
``(6) to provide greater access to advanced placement
courses for low-income and other disadvantaged students;
``(7) to provide access to advanced placement courses for
secondary school juniors at schools that do not offer
advanced placement programs, increase the rate of secondary
school juniors and seniors who participate in advanced
placement courses to 25 percent of the secondary school
student population, and increase the numbers of students who
receive advanced placement test scores for which college
academic credit is awarded; and
``(8) to increase the participation of low-income
individuals in taking advanced placement tests through the
payment or partial payment of the costs of the advanced
placement test fees.
``SEC. 3603. FUNDING DISTRIBUTION RULE.
``From amounts appropriated under section 3608 for a fiscal
year, the Secretary shall give first priority to funding
activities under section 3606, and shall distribute any
remaining funds not so applied according to the following
ratio:
``(1) Seventy percent of the remaining funds shall be
available to carry out section 3604.
``(2) Thirty percent of the remaining funds shall be
available to carry out section 3605.
``SEC. 3604. ADVANCED PLACEMENT PROGRAM GRANTS.
``(a) Grants Authorized.--
``(1) In general.--From amounts appropriated under section
3608 and made available under section 3603(1) for a fiscal
year, the Secretary shall award grants, on a competitive
basis, to eligible entities to enable the eligible entities
to carry out the authorized activities described in
subsection (c).
``(2) Duration and payments.--
``(A) Duration.--The Secretary shall award a grant under
this section for a period of 3 years.
``(B) Payments.--The Secretary shall make grant payments
under this section on an annual basis.
``(3) Definition of eligible entity.--In this section, the
term `eligible entity' means a State educational agency, or a
local educational agency, in the State.
``(b) Priority.--In awarding grants under this section the
Secretary shall give priority to eligible entities submitting
applications under subsection (d) that demonstrate--
``(1) a pervasive need for access to advanced placement
incentive programs;
``(2) the involvement of business and community
organizations in the activities to be assisted;
``(3) the availability of matching funds from State or
local sources to pay for the cost of activities to be
assisted;
``(4) a focus on developing or expanding advanced placement
programs and participation in the core academic areas of
English, mathematics, and science; and
``(5)(A) in the case of an eligible entity that is a State
educational agency, the State educational agency carries out
programs in the State that target--
``(i) local educational agencies serving schools with a
high concentration of low-income students; or
``(ii) schools with a high concentration of low-income
students; or
``(B) in the case of an eligible entity that is a local
educational agency, the local educational agency serves
schools with a high concentration of low-income students.
``(c) Authorized Activities.--An eligible entity may use
grant funds under this section to expand access for low-
income individuals to advanced placement incentive programs
that involve--
``(1) teacher training;
``(2) preadvanced placement course development;
``(3) curriculum coordination and articulation between
grade levels that prepare students for advanced placement
courses;
``(4) curriculum development;
``(5) books and supplies; and
``(6) any other activity directly related to expanding
access to and participation in advanced placement incentive
programs particularly for low-income individuals.
``(d) 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 require.
``(e) Data Collection and Reporting.--
``(1) Data collection.--Each eligible entity receiving a
grant under this section shall annually report to the
Secretary--
``(A) the number of students taking advanced placement
courses who are served by the eligible entity;
``(B) the number of advanced placement tests taken by
students served by the eligible entity;
``(C) the scores on the advanced placement tests; and
``(D) demographic information regarding individuals taking
the advanced placement courses and tests disaggregated by
race, ethnicity, sex, English proficiency status, and
socioeconomic status.
``(2) Report.--The Secretary shall annually compile the
information received from each eligible entity under
paragraph (1) and report to Congress regarding the
information.
``SEC. 3605. ON-LINE ADVANCED PLACEMENT COURSES.
``(a) Grants Authorized.--From amounts appropriated under
section 3608 and made available under section 3603(2) for a
fiscal year, the Secretary shall award grants to State
educational agencies to enable such agencies to award grants
to local educational agencies to provide students with on-
line advanced placement courses.
``(b) State Educational Agency Applications.--
``(1) Application required.--Each State educational agency
desiring a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
require.
``(2) Award basis.--The Secretary shall award grants under
this section on a competitive basis.
``(c) Grants to Local Educational Agencies.--Each State
educational agency receiving a grant award under subsection
(b) shall award grants to local educational agencies within
the State to carry out activities described in subsection
(e). In awarding grants under this subsection, the State
educational agency shall give priority to local educational
agencies that--
``(1) serve high concentrations of low-income students;
``(2) serve rural areas; and
``(3) the State educational agency determines would not
have access to on-line advanced placement courses without
assistance provided under this section.
``(d) Contracts.--A local educational agency that receives
a grant under this section may enter into a contract with a
nonprofit or for-profit organization to provide the on-line
advanced placement courses, including contracting for
necessary support services.
``(e) Uses.--Grant funds provided under this section may be
used to purchase the on-line curriculum, to train teachers
with respect to the use of on-line curriculum, or to purchase
course materials.
``SEC. 3606. ADVANCED PLACEMENT INCENTIVE PROGRAM.
``(a) Grants Authorized.--From amounts appropriated under
section 3608 and made available under section 3603 for a
fiscal year, the Secretary shall award grants to State
educational agencies having applications approved under
subsection (c) to enable the State educational agencies to
reimburse low-income individuals to cover part or all of the
costs of advanced placement test fees, if the low-income
individuals--
``(1) are enrolled in an advanced placement class; and
``(2) plan to take an advanced placement test.
``(b) Award Basis.--In determining the amount of the grant
awarded to each State educational agency under this section
for a fiscal
[[Page S3082]]
year, the Secretary shall consider the number of children
eligible to be counted under section 1124(c) in the State in
relation to the number of such children so counted in all the
States.
``(c) Information Dissemination.--A State educational
agency shall disseminate information regarding the
availability of advanced placement test fee payments under
this section to eligible individuals through secondary school
teachers and guidance counselors.
``(d) Applications.--Each State educational agency desiring
a grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may require. At a minimum,
each State educational agency application shall--
``(1) describe the advanced placement test fees the State
educational agency will pay on behalf of low-income
individuals in the State from grant funds made available
under this section;
``(2) provide an assurance that any grant funds received
under this section, other than funds used in accordance with
subsection (e), shall be used only to pay for advanced
placement test fees; and
``(3) contain such information as the Secretary may require
to demonstrate that the State will ensure that a student is
eligible for payments under this section, including
documentation required under chapter 1 of subpart 2 of part A
of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070a-11 et seq.).
``(e) Additional Uses of Funds.--If each eligible low-
income individual in a State pays not more than a nominal fee
to take an advanced placement test in a core subject, then a
State educational agency may use grant funds made available
under this section that remain after advanced placement test
fees have been paid on behalf of all eligible low-income
individuals in the State, for activities directly related to
increasing--
``(1) the enrollment of low-income individuals in advanced
placement courses;
``(2) the participation of low-income individuals in
advanced placement courses; and
``(3) the availability of advanced placement courses in
schools serving high-poverty areas.
``(f) Supplement, Not Supplant.--Grant funds provided under
this section shall supplement, and not supplant, other non-
federal funds that are available to assist low-income
individuals in paying for the cost of advanced placement test
fees.
``(g) Regulations.--The Secretary shall prescribe such
regulations as are necessary to carry out this section.
``(h) Report.--Each State educational agency annually shall
report to the Secretary information regarding--
``(1) the number of low-income individuals in the State who
received assistance under this section; and
``(2) any activities carried out pursuant to subsection
(e).
``(i) Definitions.--In this section:
``(1) Advanced placement test.--The term `advanced
placement test' includes only an advanced placement test
approved by the Secretary for the purposes of this section.
``(2) Low-income individual.--The term `low-income
individual' has the meaning given the term in section
402A(g)(2) of the Higher Education Act of 1965 (20 U.S.C.
1070a-11(g)(2)).
``SEC. 3607. DEFINITIONS.
``In this part:
``(1) Advanced placement incentive program.--The term
`advanced placement incentive program' means a program that
provides advanced placement activities and services to low-
income individuals.
``(2) Advanced placement test.--The term `advanced
placement test' means an advanced placement test administered
by the College Board or approved by the Secretary.
``(3) High concentration of low-income students.--The term
`high concentration of low-income students', used with
respect to a State educational agency, local educational
agency or school, means an agency or school, as the case may
be, that serves a student population 40 percent or more of
whom are from families with incomes below the poverty level,
as determined in the same manner as the determination is made
under section 1124(c)(2).
``(4) Low-income individual.--The term `low-income
individual' means, other than for purposes of section 3606, a
low-income individual (as defined in section 402A(g)(2) of
the Higher Education Act of 1965 (20 U.S.C. 1070a-11(g)(2))
who is academically prepared to take successfully an advanced
placement test as determined by a school teacher or advanced
placement coordinator taking into consideration factors such
as enrollment and performance in an advanced placement course
or superior academic ability.
``(5) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
``(6) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of
Palau.
``SEC. 3608. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are
authorized to be appropriated $50,000,000 for fiscal year
2001, and such sums as may be necessary for each of the 4
succeeding fiscal years.''.
SEC. 302. DISSEMINATION OF ADVANCED PLACEMENT INFORMATION.
Each institution of higher education receiving Federal
funds for research or for programs assisted under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.)--
(1) shall distribute to secondary school counselors or
advanced placement coordinators in the State information with
respect to the amount and type of academic credit provided to
students at the institution of higher education for advanced
placement test scores; and
(2) shall standardize, not later than 4 years after the
date of enactment of this Act, the form and manner in which
the information described in subparagraph (1) is disseminated
by the various departments, offices, or other divisions of
the institution of higher education.
SEC. 303. TECHNICAL AND CONFORMING AMENDMENTS.
Section 4 of the Education Flexibility Partnership Act of
1999 (20 U.S.C. 5891b) is amended--
(1) in subsection (b)(3), by striking ``Subpart 2 of part A
of title III of the Elementary and Secondary Education Act of
1965 (other than section 3136 of such Act)'' and inserting
``Subpart 2 of part A of title V of the Elementary and
Secondary Education Act of 1965 (other than section 5136 of
such Act)''; and
(2) in subsection (d)(4), by striking ``subpart 2 of part A
of title III of the Elementary and Secondary Education Act of
1965 (other than section 3136 of such Act)'' and inserting
``subpart 2 of part A of title V of the Elementary and
Secondary Education Act of 1965 (other than section 5136 of
such Act)''.
TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
SEC. 401. AMENDMENT TO THE ELEMENTARY AND SECONDARY EDUCATION
ACT OF 1965.
Title IV (20 U.S.C. 7101 et seq.) is amended to read as
follows:
``TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
``PART A--STATE GRANTS
``SEC. 4001. SHORT TITLE.
``This part may be cited as the `Safe and Drug-Free Schools
and Communities Act of 1994'.
``SEC. 4002. FINDINGS.
``Congress makes the following findings:
``(1) Every student should attend a school in a drug- and
violence-free learning environment.
``(2) The widespread illegal use of alcohol and drugs among
the Nation's secondary school students, and increasingly by
students in elementary schools as well, constitutes a grave
threat to such students' physical and mental well-being, and
significantly impedes the learning process. For example, data
show that students who drink tend to receive lower grades and
are more likely to miss school because of illness than
students who do not drink.
``(3) Drug and violence prevention programs are essential
components of a comprehensive strategy to promote school
safety, youth development, positive school outcomes, and to
reduce the demand for and illegal use of alcohol, tobacco and
drugs throughout the Nation. Schools, local organizations,
parents, students, and communities throughout the Nation have
a special responsibility to work together to combat the
continuing epidemic of violence and illegal drug use and
should measure the success of their programs against clearly
defined goals and objectives.
``(4) Drug and violence prevention programs are most
effective when implemented within a research-based, drug and
violence prevention framework of proven effectiveness.
``(5) Research clearly shows that community contexts
contribute to substance abuse and violence.
``(6) Substance abuse and violence are intricately related
and must be dealt with in a holistic manner.
``(7) Research has documented that parental behavior and
environment directly influence a child's inclination to use
alcohol, tobacco or drugs.
``SEC. 4003. PURPOSE.
``The purpose of this part is to support programs that
prevent violence in and around schools and prevent the
illegal use of alcohol, tobacco, and drugs, involve parents,
and are coordinated with related Federal, State, school, and
community efforts and resources, through the provision of
Federal assistance to--
``(1) States for grants to local educational agencies and
educational service agencies and consortia of such agencies
to establish, operate, and improve local programs of school
drug and violence prevention, early intervention,
rehabilitation referral, and education in elementary and
secondary schools for the development and implementation of
policies that set clear and appropriate standards regarding
the illegal use of alcohol, tobacco and drugs, and for
violent behavior (including intermediate and junior high
schools);
``(2) States for grants to, and contracts with, community-
based organizations and other public and private nonprofit
agencies and organizations for programs of drug and violence
prevention including community mobilization, early
intervention, rehabilitation referral, and education;
``(3) States for development, training, technical
assistance, and coordination activities; and
``(4) public and private nonprofit organizations to provide
technical assistance, conduct training, demonstrations, and
evaluation, and to provide supplementary services and
community mobilization activities for the prevention of drug
use and violence among students and youth.
``SEC. 4004. FUNDING.
``There are authorized to be appropriated--
``(1) $700,000,000 for fiscal year 2001, and such sums as
may be necessary for each of the 4 succeeding fiscal years,
for State grants under subpart 1;
``(2) $150,000,000 for fiscal year 2001, and such sums as
may be necessary for each of the 4 succeeding fiscal years,
for national programs under subpart 2; and
[[Page S3083]]
``(3) $75,000,000 for fiscal year 2001, and such sums as
may be necessary for each of the 4 succeeding fiscal years,
for the National Coordinator Initiative under section 4122.
``Subpart 1--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS
``SEC. 4111. RESERVATIONS AND ALLOTMENTS.
``(a) Reservations.--From the amount made available under
section 4004(1) to carry out this subpart for each fiscal
year, the Secretary--
``(1) shall reserve 1 percent of such amount for grants
under this subpart to Guam, American Samoa, the Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, to be allotted in accordance with the Secretary's
determination of their respective needs;
``(2) shall reserve 1 percent of such amount for the
Secretary of the Interior to carry out programs under this
part for Indian youth;
``(3) may reserve not more than $2,000,000 for the national
impact evaluation required by section 4117(a); and
``(4) shall reserve 0.2 percent of such amount for programs
for Native Hawaiians under section 4118.
``(b) State Allotments.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall, for each fiscal year, allocate among the
States--
``(A) one-half of the remainder not reserved under
subsection (a) according to the ratio between the school-aged
population of each State and the school-aged population of
all the States; and
``(B) one-half of such remainder according to the ratio
between the amount each State received under section 1124A
for the preceding year and the sum of such amounts received
by all the States.
``(2) Minimum.--For any fiscal year, no State shall be
allotted under this subsection an amount that is less than
one-half of 1 percent of the total amount allotted to all the
States under this subsection.
``(3) Reallotment.--The Secretary may reallot any amount of
any allotment to a State if the Secretary determines that the
State will be unable to use such amount within 2 years of
such allotment. Such reallotments shall be made on the same
basis as allotments are made under paragraph (1).
``(4) Definitions.--In this subsection:
``(A) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
``(B) Local educational agency.--The term `local
educational agency' includes educational service agencies and
consortia of such agencies.
``(c) Limitation.--Amounts appropriated under section
4004(2) for a fiscal year may not be increased above the
amounts appropriated under such section for the previous
fiscal year unless the amounts appropriated under section
4004(1) for the fiscal year involved are at least 10 percent
greater that the amounts appropriated under such section
4004(1) for the previous fiscal year.
``SEC. 4112. STATE APPLICATIONS.
``(a) In General.--In order to receive an allotment under
section 4111 for any fiscal year, a State shall submit to the
Secretary, at such time as the Secretary may require, an
application that--
``(1) contains a comprehensive plan for the use of funds by
the State educational agency and the chief executive officer
to provide safe, orderly, and drug-free schools and
communities;
``(2) contains the results of the State's needs assessment
for drug and violence prevention programs, which shall be
based on the results of on-going State evaluation activities,
including data on the incidence and prevalence, age of onset,
perception of health risk, and perception of social
disapproval of drug use and violence by youth in schools and
communities and the prevalence of risk or protective factors,
buffers or assets or other research-based variables in the
school and community;
``(3) contains assurances that the sections of the
application concerning the funds provided to the chief
executive officer and the State educational agency were
developed together, with each such officer or State
representative, in consultation and coordination with
appropriate State officials and others, including the chief
State school officer, the chief executive officer, the head
of the State alcohol and drug abuse agency, the heads of the
State health and mental health agencies, the head of the
State criminal justice planning agency, the head of the State
child welfare agency, the head of the State board of
education, or their designees, and representatives of
parents, students, and community-based organizations;
``(4) contains an assurance that the State will cooperate
with, and assist, the Secretary in conducting a national
impact evaluation of programs required by section 4117(a);
``(5) contains assurances that the State education agency
and the Governor will develop their respective applications
in consultation with an advisory council that includes, to
the extent practicable, representatives from school
districts, businesses, parents, youth, teachers,
administrators, pupil services personnel, private schools,
appropriate State agencies, community-based organization, the
medical profession, law enforcement, the faith-based
community and other groups with interest and expertise in
alcohol, tobacco, drug, and violence prevention;
``(6) contains assurances that the State education agency
and the Governor involve the representatives described in
paragraph (5), on an ongoing basis, to review program
evaluations and other relevant material and make
recommendations to the State education agency and the
Governor on how to improve their respective alcohol, tobacco,
drug, and violence prevention programs;
``(7) contains a list of the State's results-based
performance measures for drug and violence prevention, that
shall--
``(A) be focused on student behavior and attitudes and be
derived from the needs assessment;
``(B) include targets and due dates for the attainment of
such performance measures; and
``(C) include a description of the procedures that the
State will use to inform local educational agencies of such
performance measures for assessing and publicly reporting
progress toward meeting such measures or revising them as
needed; and
``(8) includes any other information the Secretary may
require.
``(b) State Educational Agency Funds.--A State's
application under this section shall also contain a
comprehensive plan for the use of funds under section 4113(a)
by the State educational agency that includes--
``(1) a plan for monitoring the implementation of, and
providing technical assistance regarding, the drug and
violence prevention programs conducted by local educational
agencies in accordance with section 4116
``(2) a description of how the State educational agency
will use funds under section 4113(b), including how the
agency will receive input from parents regarding the use of
such funds;
``(3) a description of how the State educational agency
will coordinate such agency's activities under this subpart
with the chief executive officer's drug and violence
prevention programs under this subpart and with the
prevention efforts of other State agencies; and
``(4) a description of the procedures the State educational
agency will use to review applications from and allocate
funding to local educational agencies under section 4115 and
how such review will receive input from parents.
``(c) Governor's Funds.--A State's application under this
section shall also contain a comprehensive plan for the use
of funds under section 4114(a) by the chief executive officer
that includes, with respect to each activity to be carried
out by the State--
``(1) a description of how the chief executive officer will
coordinate such officer's activities under this part with the
State educational agency and other State agencies and
organizations involved with drug and violence prevention
efforts;
``(2) a description of how funds reserved under section
4114(a) will be used so as not to duplicate the efforts of
the State educational agency and local educational agencies
with regard to the provision of school-based prevention
efforts and services and how those funds will be used to
serve populations not normally served by the State
educational agency, such as school dropouts and youth in
detention centers;
``(3) a description of how the chief executive officer will
award funds under section 4114(a) and a plan for monitoring
the performance of, and providing technical assistance to,
recipients of such funds;
``(4) a description of the special outreach activities that
will be carried out to maximize the participation of
community-based nonprofit organizations of demonstrated
effectiveness which provide services in low-income
communities;
``(5) a description of how funds will be used to support
community-wide comprehensive drug and violence prevention
planning and community mobilization activities; and
``(6) a specific description of how input from parents will
be sought regarding the use of funds under section 4114(a).
``(d) Peer Review.--The Secretary shall use a peer review
process in reviewing State applications under this section.
``(e) Interim Application.--Notwithstanding any other
provisions of this section, a State may submit for fiscal
year 2000 a 1-year interim application and plan for the use
of funds under this subpart that are consistent with the
requirements of this section and contain such information as
the Secretary may specify in regulations. The purpose of such
interim application and plan shall be to afford the State the
opportunity to fully develop and review such State's
application and comprehensive plan otherwise required by this
section. A State may not receive a grant under this subpart
for a fiscal year subsequent to fiscal year 2000 unless the
Secretary has approved such State's application and
comprehensive plan in accordance with this subpart.
``SEC. 4113. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.
``(a) Use of Funds.--An amount equal to 80 percent of the
total amount allocated to a State under section 4111 for each
fiscal year shall be used by the State educational agency and
its local educational agencies for drug and violence
prevention activities in accordance with this section.
``(b) State Level Programs.--
``(1) In general.--A State educational agency shall use not
more than 5 percent of the amount available under subsection
(a) for activities such as--
``(A) voluntary training and technical assistance
concerning drug and violence prevention for local educational
agencies and educational service agencies, including
teachers, administrators, coaches and athletic directors,
other staff, parents, students, community leaders, health
service providers, local law enforcement officials, and
judicial officials;
``(B) the development, identification, dissemination, and
evaluation of the most readily available, accurate, and up-
to-date drug and violence prevention curriculum materials
(including videotapes, software, and other technology-based
learning resources), for consideration by local educational
agencies;
``(C) making available to local educational agencies cost
effective research-based programs for youth violence and drug
abuse prevention;
``(D) demonstration projects in drug and violence
prevention, including service-learning projects;
[[Page S3084]]
``(E) training, technical assistance, and demonstration
projects to address violence associated with prejudice and
intolerance;
``(F) financial assistance to enhance resources available
for drug and violence prevention in areas serving large
numbers of economically disadvantaged children or sparsely
populated areas, or to meet other special needs consistent
with the purposes of this subpart; and
``(G) the evaluation of activities carried out within the
State under this part.
``(2) Special rule.--A State educational agency may carry
out activities under this subsection directly, or through
grants or contracts.
``(c) State Administration.--
``(1) In general.--A State educational agency may use not
more than 5 percent of the amount reserved under subsection
(a) for the administrative costs of carrying out its
responsibilities under this part.
``(2) Uniform management information and reporting
system.--In carrying out its responsibilities under this
part, a State shall implement a uniform management
information and reporting system that includes information on
the types of curricula, programs and services provided by the
State, Governor, local education agencies, and other
recipients of funds under this title.
``(d) Local Educational Agency Programs.--
``(1) In general.--A State educational agency shall
distribute not less than 91 percent of the amount made
available under subsection (a) for each fiscal year to local
educational agencies in accordance with this subsection.
``(2) Distribution.--A State educational agency shall
distribute amounts under paragraph (1) in accordance with any
one of the following subparagraphs:
``(A) Enrollment and combination approach.--Of the amount
distributed under paragraph (1), a State educational agency
shall distribute
``(i) at least 70 percent of such amount to local
educational agencies, based on the relative enrollments in
public and private nonprofit elementary and secondary schools
within the boundaries of such agencies; and
``(ii) not to exceed 30 percent of any amounts remaining
after amounts are distributed under clause (i)--
``(I) to each local educational agency in an amount
determined appropriate by the State education agency; or
``(II) to local educational agencies that the State
education agency determines have the greatest need for
additional funds to carry out drug and violence prevention
programs authorized by this subpart.
``(B) Competitive and need approach.--Of the amount
distributed under paragraph (1), a State educational agency
shall distribute
``(i) not to exceed 70 percent of such amount to local
educational agencies that the State agency determines,
through a competitive process, have the greatest need for
funds to carry out drug and violence prevention programs
based on criteria established by the State agency and
authorized under this subpart; and
``(ii) at least 30 percent of any amounts remaining after
amounts are distributed under clause (i) to local education
agencies that the State agency determines have a need for
additional funds to carry out the program authorized under
this subpart.
``(3) Consideration of objective data.--For purposes of
paragraph (2), in determining which local educational
agencies have the greatest need for funds, the State
educational agency shall consider objective data which may
include--
``(A) high or increasing rates of alcohol or drug use among
youth;
``(B) high or increasing rates of victimization of youth by
violence and crime;
``(C) high or increasing rates of arrests and convictions
of youth for violent or drug- or alcohol-related crime;
``(D) the extent of illegal gang activity;
``(E) high or increasing incidence of violence associated
with prejudice and intolerance;
``(F) high or increasing rates of referrals of youths to
drug and alcohol abuse treatment and rehabilitation programs;
``(G) high or increasing rates of referrals of youths to
juvenile court;
``(H) high or increasing rates of expulsions and
suspensions of students from schools;
``(I) high or increasing rates of reported cases of child
abuse and domestic violence; and
``(J) high or increasing rates of drug related emergencies
or deaths.
``(e) Reallocation of Funds.--If a local educational agency
chooses not to apply to receive the amount allocated to such
agency under subsection (d), or if such agency's application
under section 4115 is disapproved by the State educational
agency, the State educational agency shall reallocate such
amount to one or more of its other local educational
agencies.
``(f) Return of Funds to State Educational Agency;
Reallocation.--
``(1) Return.--Except as provided in paragraph (2), upon
the expiration of the 1-year period beginning on the date
that a local educational agency or educational service agency
under this title receives its allocation under this title--
``(A) such agency shall return to the State educational
agency any funds from such allocation that remain
unobligated; and
``(B) the State educational agency shall reallocate any
such amount to local educational agencies or educational
service agencies that have plans for using such amount for
programs or activities on a timely basis.
``(2) Reallocation.--In any fiscal year, a local
educational agency, may retain for obligation in the
succeeding fiscal year--
``(A) an amount equal to not more than 25 percent of the
allocation it receives under this title for such fiscal year;
or
``(B) upon a demonstration of good cause by such agency or
consortium, a greater amount approved by the State
educational agency.
``SEC. 4114. GOVERNOR'S PROGRAMS.
``(a) Use of Funds.--
``(1) In general.--An amount equal to 20 percent of the
total amount allocated to a State under section 4111(b)(1)
for each fiscal year shall be used by the chief executive
officer of such State for drug and violence prevention
programs and activities in accordance with this section.
``(2) Administrative costs.--A chief executive officer may
use not more than 5 percent of the 20 percent described in
paragraph (1) for the administrative costs incurred in
carrying out the duties of such officer under this section.
The chief executive officer of a State may use amounts under
this paragraph to award grants to State, county, or local law
enforcement agencies, including district attorneys, in
consultation with local education agencies or community-based
agencies, for the purposes of carrying out drug abuse and
violence prevention activities.
``(b) State plan.--Amounts shall be used under this section
in accordance with a State plan submitted by the chief
executive office of the State. Such State plan shall
contain--
``(1) an objective analysis of the current use (and
consequences of such use) of alcohol, tobacco, and
controlled, illegal, addictive or harmful substances as well
as the violence, safety, and discipline problems among
students who attend schools in the State (including private
school students who participate in the States's drug and
violence prevention programs) that is based on ongoing local
assessment or evaluation activities;
``(2) an analysis, based on data reasonably available at
the time, of the prevalence of risk or protective factors,
buffers or assets or other research-based variables in
schools and communities in the State;
``(3) a description of the research-based strategies and
programs, which shall be used to prevent or reduce drug use,
violence, or disruptive behavior, which shall include--
``(A) a specification of the objectively measurable goals,
objectives, and activities for the program;
``(B) a specification for how risk factors, if any, which
have been identified will be targeted through research-based
programs; and
``(C) a specification for how protective factors, buffers,
or assets, if any, will be targeted through research-based
programs;
``(4) a specification for the method or methods by which
measurements of program goals will be achieved; and
``(5) a specification for how the evaluation of the
effectiveness of the prevention program will be assessed and
how the results will be used to refine, improve, and
strengthen the program.
``(c) Programs Authorized.--
``(1) In general.--A chief executive officer shall use
funds made available under subsection (a)(1) directly for
grants to or contracts with parent groups, schools, community
action and job training agencies, community-based
organizations, community anti-drug coalitions, law
enforcement education partnerships, and other public entities
and private nonprofit organizations and consortia thereof. In
making such grants and contracts, a chief executive officer
shall give priority to programs and activities described in
subsection (d) for--
``(A) children and youth who are not normally served by
State or local educational agencies; or
``(B) populations that need special services or additional
resources (such as preschoolers, youth in juvenile detention
facilities, runaway or homeless children and youth, pregnant
and parenting teenagers, and school dropouts).
``(2) Peer review.--Grants or contracts awarded under this
subsection shall be subject to a peer review process.
``(d) Authorized Activities.--Grants and contracts under
subsection (c) shall be used to carry out the comprehensive
State plan as required under section 4112(a)(1) through
programs and activities such as--
``(1) disseminating information about drug and violence
prevention;
``(2) the voluntary training of parents, law enforcement
officials, judicial officials, social service providers,
health service providers and community leaders about drug and
violence prevention, health education (as it relates to drug
and violence prevention), early intervention, pupil services,
or rehabilitation referral;
``(3) developing and implementing comprehensive, community-
based drug and violence prevention programs that link
community resources with schools and integrate services
involving education, vocational and job skills training and
placement, law enforcement, health, mental health, community
service, service-learning, mentoring, and other appropriate
services;
``(4) planning and implementing drug and violence
prevention activities that coordinate the efforts of State
agencies with efforts of the State educational agency and its
local educational agencies;
``(5) activities to protect students traveling to and from
school;
``(6) before-and-after school recreational, instructional,
cultural, and artistic programs that encourage drug- and
violence-free lifestyles;
``(7) activities that promote the awareness of and
sensitivity to alternatives to violence through courses of
study that include related issues of intolerance and hatred
in history;
``(8) developing and implementing activities to prevent and
reduce violence associated with prejudice and intolerance;
``(9) developing and implementing strategies to prevent
illegal gang activity;
``(10) coordinating and conducting school and community-
wide violence and safety and drug abuse assessments and
surveys;
[[Page S3085]]
``(11) service-learning projects that encourage drug- and
violence-free lifestyles;
``(12) evaluating programs and activities assisted under
this section;
``(13) developing and implementing community mobilization
activities to undertake environmental change strategies
related to substance abuse and violence; and
``(14) partnerships between local law enforcement agencies,
including district attorneys, and local education agencies or
community-based agencies.
``SEC. 4115. LOCAL APPLICATIONS.
``(a) Application Required.--
``(1) In general.--In order to be eligible to receive a
distribution under section 4113(d) for any fiscal year, a
local educational agency shall submit, at such time as the
State educational agency requires, an application to the
State educational agency for approval. Such an application
shall be amended, as necessary, to reflect changes in the
local educational agency's program.
``(2) Development.--
``(A) Consultation.--A local educational agency shall
develop its application under subsection (a)(1) in
consultation with a local or substate regional advisory
council that includes, to the extent possible,
representatives of local government, business, parents,
students, teachers, pupil services personnel, appropriate
State agencies, private schools, the medical profession, law
enforcement, community-based organizations, and other groups
with interest and expertise in drug and violence prevention.
``(B) Duties of advisory council.--In addition to assisting
the local educational agency to develop an application under
this section, the advisory council established or designated
under subparagraph (A) shall, on an ongoing basis--
``(i) disseminate information about research-based drug and
violence prevention programs, projects, and activities
conducted within the boundaries of the local educational
agency;
``(ii) advise the local educational agency regarding how
best to coordinate such agency's activities under this
subpart with other related programs, projects, and
activities;
``(iii) ensure that a mechanism is in place to enable local
educational agencies to have access to up-to-date information
concerning the agencies that administer related programs,
projects, and activities and any changes in the law that
alter the duties of the local educational agencies with
respect to activities conducted under this subpart; and
``(iv) review program evaluations and other relevant
material and make recommendations on an active and ongoing
basis to the local educational agency on how to improve such
agency's drug and violence prevention programs.
``(b) Contents of Applications.--An application under this
section shall contain--
``(1) an objective analysis of the current use (and
consequences of such use) of alcohol, tobacco, and
controlled, illegal, addictive or harmful substances as well
as the violence, safety, and discipline problems among
students who attend the schools of the applicant (including
private school students who participate in the applicant's
drug and violence prevention program) that is based on
ongoing local assessment or evaluation activities;
``(2) an analysis, based on data reasonably available at
the time, of the prevalence of risk or protective factors,
buffers or assets or other research-based variables in the
school and community;
``(3) a description of the research-based strategies and
programs, which shall be used to prevent or reduce drug use,
violence, or disruptive behavior, which shall include--
``(A) a specification of the objectively measurable goals,
objectives, and activities for the program, which shall
include--
``(i) reductions in the use of alcohol, tobacco, and
illicit drugs and violence by youth;
``(ii) specific reductions in the prevalence of identified
risk factors;
``(iii) specific increases in the prevalence of protective
factors, buffers, or assets if any have been identified; or
``(iv) other research-based goals, objectives, and
activities that are identified as part of the application
that are not otherwise covered under clauses (i) through
(iii);
``(B) a specification for how risk factors, if any, which
have been identified will be targeted through research-based
programs; and
``(C) a specification for how protective factors, buffers,
or assets, if any, will be targeted through research-based
programs;
``(4) a specification for the method or methods by which
measurements of program goals will be achieved;
``(5) a specification for how the evaluation of the
effectiveness of the prevention program will be assessed and
how the results will be used to refine, improve, and
strengthen the program;
``(6) an assurance that the applicant has, or the schools
to be served have, a plan for keeping schools safe and drug-
free that includes--
``(A) appropriate and effective discipline policies that
prohibit disorderly conduct, the possession of firearms and
other weapons, and the illegal use, possession, distribution,
and sale of tobacco, alcohol, and other drugs by students;
``(B) security procedures at school and while students are
on the way to and from school;
``(C) prevention activities that are designed to create and
maintain safe, disciplined, and drug-free environments; and
``(D) a crisis management plan for responding to violent or
traumatic incidents on school grounds; and
``(7) such other information and assurances as the State
educational agency may reasonably require.
``(c) Review of Application.--
``(1) In general.--In reviewing local applications under
this section, a State educational agency shall use a peer
review process or other methods of assuring the quality of
such applications.
``(2) Considerations.--
``(A) In general.--In determining whether to approve the
application of a local educational agency under this section,
a State educational agency shall consider the quality of the
local educational agency's comprehensive plan under
subsection (b)(6) and the extent to which the proposed plan
provides a thorough assessment of the substance abuse and
violence problem, uses objective data and the knowledge of a
wide range of community members, develops measurable goals
and objectives, and implements research-based programs that
have been shown to be effective and meet identified needs.
``(B) Disapproval.--A State educational agency may
disapprove a local educational agency application under this
section in whole or in part and may withhold, limit, or place
restrictions on the use of funds allotted to such a local
educational agency in a manner the State educational agency
determines will best promote the purposes of this part,
except that a local educational agency shall be afforded an
opportunity to appeal any such disapproval.
``SEC. 4116. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.
``(a) Program Requirements.--A local educational agency
shall use funds received under this subpart to adopt and
carry out a comprehensive drug and violence prevention
program which shall--
``(1) be designed, for all students and school employees,
to--
``(A) prevent the use, possession, and distribution of
tobacco, alcohol, and illegal drugs by students and to
prevent the illegal use, possession, and distribution of such
substances by school employees;
``(B) prevent violence and promote school safety; and
``(C) create a disciplined environment conducive to
learning;
``(2) include activities to promote the involvement of
parents and coordination with community groups and agencies,
including the distribution of information about the local
educational agency's needs, goals, and programs under this
subpart;
``(3) implement activities which shall only include--
``(A) a thorough assessment of the substance abuse violence
problem, using objective data and the knowledge of a wide
range of community members;
``(B) the development of measurable goals and objectives;
``(C) the implementation of research-based programs that
have been shown to be effective and meet identified goals;
and
``(D) an evaluation of program activities; and
``(4) implement prevention programming activities within
the context of a research-based prevention framework.
``(b) Use of Funds.--A comprehensive, age-appropriate,
developmentally-, and research-based drug and violence
prevention program carried out under this subpart may
include--
``(1) drug or violence prevention and education programs
for all students, from the preschool level through grade 12,
that address the legal, social, personal and health
consequences of the use of illegal drugs or violence, promote
a sense of individual responsibility, and provide information
about effective techniques for resisting peer pressure to use
illegal drugs;
``(2) programs of drug or violence prevention, health
education (as it relates to drug and violence prevention),
early intervention, pupil services, mentoring, or
rehabilitation referral, which emphasize students' sense of
individual responsibility and which may include--
``(A) the dissemination of information about drug or
violence prevention;
``(B) the professional development or voluntary training of
school personnel, parents, students, law enforcement
officials, judicial officials, health service providers and
community leaders in prevention, education, early
intervention, pupil services or rehabilitation referral; and
``(C) the implementation of strategies, including
strategies to integrate the delivery of services from a
variety of providers, to combat illegal alcohol, tobacco and
drug use, such as--
``(i) family counseling; and
``(ii) activities, such as community service and service-
learning projects, that are designed to increase students'
sense of community;
``(3) age-appropriate, developmentally based violence
prevention and education programs for all students, from the
preschool level through grade 12, that address the legal,
health, personal, and social consequences of violent and
disruptive behavior, including sexual harassment and abuse,
and victimization associated with prejudice and intolerance,
and that include activities designed to help students develop
a sense of individual responsibility and respect for the
rights of others, and to resolve conflicts without violence,
or otherwise decrease the prevalence of risk factors or
increase the prevalence of protective factors, buffers, or
assets in the community;
``(4) violence prevention programs for school-aged youth,
which emphasize students' sense of individual responsibility
and may include--
``(A) the dissemination of information about school safety
and discipline;
``(B) the professional development or voluntary training of
school personnel, parents, students, law enforcement
officials, judicial officials, and community leaders in
designing and implementing strategies to prevent school
violence;
``(C) the implementation of strategies, such as conflict
resolution and peer mediation, student outreach efforts
against violence, anti-crime youth councils (which work with
school and community-based organizations to discuss and
develop crime prevention strategies), and the use
[[Page S3086]]
of mentoring programs, to combat school violence and other
forms of disruptive behavior, such as sexual harassment and
abuse; and
``(D) the development and implementation of character
education programs, as a component of a comprehensive drug or
violence prevention program, that are tailored by
communities, parents and schools; and
``(E) comprehensive, community-wide strategies to prevent
or reduce illegal gang activities and drug use;
``(5) supporting `safe zones of passage' for students
between home and school through such measures as Drug- and
Weapon-Free School Zones, enhanced law enforcement, and
neighborhood patrols;
``(6) the acquisition or hiring of school security
equipment, technologies, personnel, or services such as--
``(A) metal detectors;
``(B) electronic locks;
``(C) surveillance cameras; and
``(D) other drug and violence prevention-related equipment
and technologies;
``(7) professional development for teachers and other staff
and curricula that promote the awareness of and sensitivity
to alternatives to violence through courses of study that
include related issues of intolerance and hatred in history;
``(8) the promotion of before-and-after school
recreational, instructional, cultural, and artistic programs
in supervised community settings;
``(9) other research-based prevention programming that is--
``(A) effective in reducing the prevalence of alcohol,
tobacco or drug use, and violence in youth;
``(B) effective in reducing the prevalence of risk factors
predictive of increased alcohol, tobacco or drug use, and
violence; or
``(C) effective in increasing the prevalence of protective
factors, buffers, and assets predictive of decreased alcohol,
tobacco or drug use and violence among youth;
``(10) the collection of objective data used to assess
program needs, program implementation, or program success in
achieving program goals and objectives;
``(11) community involvement activities including community
mobilization;
``(12) voluntary parental involvement and training;
``(13) the evaluation of any of the activities authorized
under this subsection;
``(14) the provision of mental health counseling (by
qualified counselors) to students for drug or violence
related problems;
``(15) consistent with the fourth amendment to the
Constitution of the United States, the testing of a student
for illegal drug use or inspecting a student's locker for
guns, explosives, other weapons, or illegal drugs, including
at the request of or with the consent of a parent or legal
guardian of the student, if the local educational agency
elects to so test or inspect; and
``(16) the conduct of a nationwide background check of each
local educational agency employee (regardless of when hired)
and prospective employees for the purpose of determining
whether the employee or prospective employee has been
convicted of a crime that bears upon the employee's or
prospective employee's fitness--
``(A) to have responsibility for the safety or well-being
of children;
``(B) to serve in the particular capacity in which the
employee or prospective employee is or will be employed; or
``(C) to otherwise be employed at all by the local
educational agency.
``(c) Limitations.--
``(1) In general.--Not more than 20 percent of the funds
made available to a local educational agency under this
subpart may be used to carry out the activities described in
paragraphs (5) and (6) of subsection (b).
``(2) Special rule.--A local educational agency shall only
be able to use funds received under this subpart for
activities described in paragraphs (5) and (6) of subsection
(b) if funding for such activities is not received from other
Federal agencies.
``(d) Rule of Construction.--Nothing in this section shall
be construed to prohibit the use of funds under this part by
any local educational agency or school for the establishment
or implementation of a school uniform policy so long as such
policy is part of the overall comprehensive drug and violence
prevention plan of the State involved and is supported by the
State's needs assessment and other research-based
information.
``SEC. 4117. EVALUATION AND REPORTING.
``(a) Impact Evaluation.--
``(1) Biennial evaluation.--The Secretary, in consultation
with the National Advisory Committee, shall conduct an
independent biennial evaluation of the impact of programs
assisted under this subpart and of other recent and new
initiatives to combat violence in schools. The evaluation
shall report on--
``(A) whether funded community and local education agency
programs--
``(i) provided a thorough assessment of the substance abuse
and violence problem;
``(ii) used objective data and the knowledge of a wide
range of community members;
``(iii) developed measurable goals and objectives; and
``(iv) implemented research-based programs that have been
shown to be effective and meet identified needs;
``(v) conducted periodic program evaluations to assess
progress made towards achieving program goals and objectives
and whether they used evaluations to improve program goals,
objectives and activities;
``(B) whether funded community and local education agency
programs have been designed and implemented in a manner that
specifically targets, if relevant to the program--
``(i) research-based variables that are predictive of drug
use or violence;
``(ii) risk factors that are predictive of an increased
likelihood that young people will use drugs, alcohol or
tobacco or engage in violence or drop out of school; or
``(iii) protective factors, buffers, or assets that are
known to protect children and youth from exposure to risk,
either by reducing the exposure to risk factors or by
changing the way the young person responds to risk, and to
increase the likelihood of positive youth development;
``(C) whether funded community and local education agency
programs have appreciably reduced the level of drug, alcohol
and tobacco use and school violence and the presence of
firearms at schools; and
``(D) whether funded community and local educational agency
programs have conducted effective parent involvement and
voluntary training programs.
``(2) Data collection.--The National Center for Education
Statistics shall collect data to determine the incidence and
prevalence of social disapproval of drug use and violence in
elementary and secondary schools in the States.
``(3) Biennial Report.--Not later than January 1, 2002, and
every 2 years thereafter, the Secretary shall submit to the
President and Congress a report on the findings of the
evaluation conducted under paragraph (1) together with the
data collected under paragraph (2) and data available from
other sources on the incidence and prevalence, age of onset,
perception of health risk, and perception of social
disapproval of drug use in elementary and secondary schools
in the States. The Secretary shall include data submitted by
the States pursuant to subsection (b)(2)(B).
``(b) State Report.--
``(1) In general.--By December 1, 2001, and every 2 years
thereafter, the chief executive officer of the State, in
cooperation with the State educational agency, shall submit
to the Secretary a report--
``(A) on the implementation and outcomes of State programs
under section 4114 and section 4113(b) and local educational
agency programs under section 4113(d), as well as an
assessment of their effectiveness;
``(B) on the State's progress toward attaining its goals
for drug and violence prevention under subsections (b)(1) and
(c)(1) of section 4112; and
``(C) on the State's efforts to inform parents of, and
include parents in, violence and drug prevention efforts.
``(2) Special rule.--The report required by this subsection
shall be--
``(A) in the form specified by the Secretary;
``(B) based on the State's ongoing evaluation activities,
and shall include data on the incidence and prevalence, age
of onset, perception of health risk, and perception of social
disapproval of drug use and violence by youth in schools and
communities; and
``(C) made readily available to the public.
``(c) Local Educational Agency Report.--
``(1) In general.--Each local educational agency receiving
funds under this subpart shall submit to the State
educational agency such information that the State requires
to complete the State report required by subsection (b),
including a description of how parents were informed of, and
participated in, violence and drug prevention efforts.
``(2) Availability.--Information under paragraph (1) shall
be made readily available to the public.
``(3) Provision of documentation.--Not later than January 1
of each year that a State is required to report under
subsection (b), the Secretary shall provide to the State
education agency all of the necessary documentation required
for compliance with this section.
``SEC. 4118. PROGRAMS FOR NATIVE HAWAIIANS.
``(a) General Authority.--From the funds made available
pursuant to section 4111(a)(4) to carry out this section, the
Secretary shall make grants to or enter into cooperative
agreements or contracts with organizations primarily serving
and representing Native Hawaiians which are recognized by the
Governor of the State of Hawaii to plan, conduct, and
administer programs, or portions thereof, which are
authorized by and consistent with the provisions of this
title for the benefit of Native Hawaiians.
``(b) Definition of Native Hawaiian.--For the purposes of
this section, the term `Native Hawaiian' means any individual
any of whose ancestors were natives, prior to 1778, of the
area which now comprises the State of Hawaii.
``Subpart 2--National Programs
``SEC. 4121. FEDERAL ACTIVITIES.
``(a) Program Authorized.--From funds made available to
carry out this subpart under section 4004(2), the Secretary,
in consultation with the Secretary of Health and Human
Services, the Director of the Office of National Drug Control
Policy, and the Attorney General, shall carry out programs to
prevent the illegal use of drugs and violence among, and
promote safety and discipline for, students at all
educational levels from preschool through the post-secondary
level. The Secretary shall carry out such programs directly,
or through grants, contracts, or cooperative agreements with
public and private nonprofit organizations and individuals,
or through agreements with other Federal agencies, and shall
coordinate such programs with other appropriate Federal
activities. Such programs may include--
``(1) the development and demonstration of innovative
strategies for the voluntary training of school personnel,
parents, and members of the community, including the
demonstration of model preservice training programs for
prospective school personnel;
``(2) demonstrations and rigorous evaluations of innovative
approaches to drug and violence prevention;
``(3) the provision of information on drug abuse education
and prevention to the Secretary
[[Page S3087]]
of Health and Human Services for dissemination by the
clearinghouse for alcohol and drug abuse information
established under section 501(d)(16) of the Public Health
Service Act;
``(4) the development of curricula related to child abuse
prevention and education and the training of personnel to
teach child abuse education and prevention to elementary and
secondary schoolchildren;
``(5) program evaluations in accordance with section 10201
that address issues not addressed under section 4117(a);
``(6) direct services to schools and school systems
afflicted with especially severe drug and violence problems
or to support crisis situations and appropriate response
efforts;
``(7) activities in communities designated as empowerment
zones or enterprise communities that will connect schools to
community-wide efforts to reduce drug and violence problems;
``(8) developing and disseminating drug and violence
prevention materials, including video-based projects and
model curricula;
``(9) developing and implementing a comprehensive violence
prevention strategy for schools and communities, that may
include conflict resolution, peer mediation, the teaching of
law and legal concepts, and other activities designed to stop
violence;
``(10) the implementation of innovative activities, such as
community service and service-learning projects, designed to
rebuild safe and healthy neighborhoods and increase students'
sense of individual responsibility;
``(11) grants to noncommercial telecommunications entities
for the production and distribution of national video-based
projects that provide young people with models for conflict
resolution and responsible decisionmaking;
``(12) the development of education and training programs,
curricula, instructional materials, and professional training
and development for preventing and reducing the incidence of
crimes and conflicts motivated by hate in localities most
directly affected by hate crimes; and
``(13) other activities that meet unmet national needs
related to the purposes of this title.
``(b) Peer Review.--The Secretary shall use a peer review
process in reviewing applications for funds under this
section.
``SEC. 4122. NATIONAL COORDINATOR PROGRAM.
``(a) In General.--From amounts available to carry out this
section under section 4004(3), the Secretary shall provide
for the establishment of a National Coordinator Program under
which the Secretary shall award grants to local education
agencies for the hiring of drug prevention and school safety
program coordinators.
``(b) Use of Funds.--Amounts received under a grant under
subsection (a) shall be used by local education agencies to
recruit, hire, and train individuals to serve as drug
prevention and school safety program coordinators in schools
with significant drug and school safety problems. Such
coordinators shall be responsible for developing, conducting,
and analyzing assessments of drug and crime problems at their
schools, and administering the safe and drug free grant
program at such schools.
``SEC. 4123. SAFE AND DRUG FREE SCHOOLS AND COMMUNITIES
ADVISORY COMMITTEE.
``(a) Establishment.--
``(1) In general.--There is hereby established an advisory
committee to be known as the `Safe and Drug Free Schools and
Communities Advisory Committee' (referred to in this section
as the `Advisory Committee') to--
``(A) consult with the Secretary under subsection (b);
``(B) coordinate Federal school- and community-based
substance abuse and violence prevention programs and reduce
duplicative research or services;
``(C) develop core data sets and evaluation protocols for
safe and drug free school- and community-based programs;
``(D) provide technical assistance and training for safe
and drug free school- and community-based programs;
``(E) provide for the diffusion of research-based safe and
drug free school- and community-based programs; and
``(F) review other regulations and standards developed
under this title.
``(2) Composition.--The Advisory Committee shall be
composed of representatives from--
``(A) the Department of Education,
``(B) the Centers for Disease Control and Prevention;
``(C) the National Institute on Drug Abuse;
``(D) the National Institute on Alcoholism and Alcohol
Abuse;
``(E) the Center for Substance Abuse Prevention;
``(F) the Center for Mental Health Services;
``(G) the Office of Juvenile Justice and Delinquency
Prevention;
``(H) the Office of National Drug Control Policy; and
``(I) State and local governments, including education
agencies.
``(3) Consultation.--In carrying out its duties under this
section, the Advisory Committee shall annually consult with
interested State and local coordinators of school- and
community-based substance abuse and violence prevention
programs and other interested groups.
``(b) Programs.--
``(1) In general.--From amounts made available under
section 4004(2) to carry out this subpart, the Secretary, in
consultation with the Advisory Committee, shall carry out
research-based programs to strengthen the accountability and
effectiveness of the State, Governor's, and national programs
under this title.
``(2) Grants, contracts or cooperative agreements.--The
Secretary shall carry out paragraph (1) directly or through
grants, contracts, or cooperative agreements with public and
nonprofit private organizations and individuals or through
agreements with other Federal agencies.
``(3) Coordination.--The Secretary shall coordinate
programs under this section with other appropriate Federal
activities.
``(4) Activities.--Activities that may be carried out under
programs funded under this section may include--
``(A) the provision of technical assistance and training,
in collaboration with other Federal agencies utilizing their
expertise and national and regional training systems, for
Governors, State education agencies and local education
agencies to support high quality, effective programs that--
``(i) provide a thorough assessment of the substance abuse
and violence problem;
``(ii) utilize objective data and the knowledge of a wide
range of community members;
``(iii) develop measurable goals and objectives; and
``(iv) implement research-based activities that have been
shown to be effective and that meet identified needs;
``(B) the provision of technical assistance and training to
foster program accountability;
``(C) the diffusion and dissemination of best practices and
programs;
``(D) the development of core data sets and evaluation
tools;
``(E) program evaluations;
``(F) the provision of information on drug abuse education
and prevention to the Secretary of Health and Human Services
for dissemination by the Clearinghouse for Alcohol and Drug
Abuse Information established under section 501(d)(16) of the
Public Health Service Act; and
``(G) other activities that meet unmet needs related to the
purposes of this title and that are undertaken in
consultation with the Advisory Committee.
``SEC. 4124. HATE CRIME PREVENTION.
``(a) Grant Authorization.--From funds made available to
carry out this subpart under section 4004(2) the Secretary
may make grants to local educational agencies and community-
based organizations for the purpose of providing assistance
to localities most directly affected by hate crimes.
``(b) Use of Funds.--
``(1) Program development.--Grants under this section may
be used to improve elementary and secondary educational
efforts, including--
``(A) development of education and training programs
designed to prevent and to reduce the incidence of crimes and
conflicts motivated by hate;
``(B) development of curricula for the purpose of improving
conflict or dispute resolution skills of students, teachers,
and administrators;
``(C) development and acquisition of equipment and
instructional materials to meet the needs of, or otherwise be
part of, hate crime or conflict programs; and
``(D) professional training and development for teachers
and administrators on the causes, effects, and resolutions of
hate crimes or hate-based conflicts.
``(2) In general.--In order to be eligible to receive a
grant under this section for any fiscal year, a local
educational agency, or a local educational agency in
conjunction with a community-based organization, shall submit
an application to the Secretary in such form and containing
such information as the office may reasonably require.
``(3) Requirements.--Each application under paragraph (2)
shall include--
``(A) a request for funds for the purposes described in
this section;
``(B) a description of the schools and communities to be
served by the grants; and
``(C) assurances that Federal funds received under this
section shall be used to supplement, not supplant, non-
Federal funds.
``(4) Comprehensive plan.--Each application shall include a
comprehensive plan that contains--
``(A) a description of the hate crime or conflict problems
within the schools or the community targeted for assistance;
``(B) a description of the program to be developed or
augmented by such Federal and matching funds;
``(C) assurances that such program or activity shall be
administered by or under the supervision of the applicant;
``(D) proper and efficient administration of such program;
and
``(E) fiscal control and fund accounting procedures as may
be necessary to ensure prudent use, proper disbursement, and
accurate accounting of funds received under this section.
``(c) Award of Grants.--
``(1) Selection of recipients.--The Secretary shall
consider the incidence of crimes and conflicts motivated by
bias in the targeted schools and communities in awarding
grants under this section.
``(2) Geographic distribution.--The Secretary shall
attempt, to the extent practicable, to achieve an equitable
geographic distribution of grant awards.
``(3) Dissemination of information.--The Secretary shall
attempt, to the extent practicable, to make available
information regarding successful hate crime prevention
programs, including programs established or expanded with
grants under this section.
``(d) Reports.--The Secretary shall submit to the Congress
a report every two years which shall contain a detailed
statement regarding grants and awards, activities of grant
recipients, and an evaluation of programs established under
this section.
``Subpart 3--General Provisions
``SEC. 4131. DEFINITIONS.
``In this part:
``(1) Community-based organization.--The term `community-
based organization' means a
[[Page S3088]]
private nonprofit organization which is representative of a
community or significant segments of a community and which
provides educational or related services to individuals in
the community.
``(2) Drug and violence prevention.--The term `drug and
violence prevention' means--
``(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, or education related
to the illegal use of alcohol and the use of controlled,
illegal, addictive, or harmful substances, including
inhalants and anabolic steroids;
``(B) prevention, early intervention, smoking cessation
activities, or education, related to the use of tobacco by
children and youth eligible for services under this title;
and
``(C) with respect to violence, the promotion of school
safety, such that students and school personnel are free from
violent and disruptive acts, including sexual harassment and
abuse, and victimization associated with prejudice and
intolerance, on school premises, going to and from school,
and at school-sponsored activities, through the creation and
maintenance of a school environment that is free of weapons
and fosters individual responsibility and respect for the
rights of others.
``(3) Hate crime.--The term `hate crime' means a crime as
described in section 1(b) of the Hate Crime Statistics Act of
1990.
``(4) Nonprofit.--The term `nonprofit', as applied to a
school, agency, organization, or institution means a school,
agency, organization, or institution owned and operated by
one or more nonprofit corporations or associations, no part
of the net earnings of which inures, or may lawfully inure,
to the benefit of any private shareholder or individual.
``(5) Objectively measurable goals.--The term `objectively
measurable goals' means prevention programming goals defined
through use of quantitative epidemiological data measuring
the prevalence of alcohol, tobacco, and other drug use,
violence, and the prevalence of risk and protective factors
predictive of these behaviors, collected through a variety of
methods and sources known to provide high quality data.
``(6) Protective factor, buffer, or asset.--The terms
`protective factor', `buffer', and `asset' mean any one of a
number of the community, school, family, or peer-individual
domains that are known, through prospective, longitudinal
research efforts, or which are grounded in a well-established
theoretical model of prevention, and have been shown to
prevent alcohol, tobacco, or illicit drug use, as well as
violent behavior, by youth in the community, and which
promote positive youth development.
``(7) Risk factor.--The term `risk factor' means any one of
a number of characteristics of the community, school, family,
or peer-individual domains that are known, through
prospective, longitudinal research efforts, to be predictive
of alcohol, tobacco, and illicit drug use, as well as violent
behavior, by youth in the school and community.
``(8) School-aged population.--The term `school-aged
population' means the population aged five through 17, as
determined by the Secretary on the basis of the most recent
satisfactory data available from the Department of Commerce.
``(9) School personnel.--The term `school personnel'
includes teachers, administrators, counselors, social
workers, psychologists, nurses, librarians, and other support
staff who are employed by a school or who perform services
for the school on a contractual basis.
``SEC. 4132. MATERIALS.
``(a) `Illegal and Harmful' Message.--Drug prevention
programs supported under this part shall convey a clear and
consistent message that the illegal use of alcohol and other
drugs is illegal and harmful.
``(b) Curriculum.--The Secretary shall not prescribe the
use of specific curricula for programs supported under this
part, but may evaluate the effectiveness of such curricula
and other strategies in drug and violence prevention.
``SEC. 4133. PROHIBITED USES OF FUNDS.
``No funds under this part may be used for--
``(1) construction (except for minor remodeling needed to
accomplish the purposes of this part); and
``(2) medical services, drug treatment or rehabilitation,
except for pupil services or referral to treatment for
students who are victims of or witnesses to crime or who use
alcohol, tobacco, or drugs.
``SEC. 4134. QUALITY RATING.
``(a) In General.--The chief executive officer of each
State, or in the case of a State in which the constitution or
law of such State designates another individual, entity, or
agency in the State to be responsible for education
activities, such individual, entity, or agency, is authorized
and encouraged--
``(1) to establish a standard of quality for drug, alcohol,
and tobacco prevention programs implemented in public
elementary schools and secondary schools in the State in
accordance with subsection (b); and
``(2) to identify and designate, upon application by a
public elementary school or secondary school, any such school
that achieves such standard as a quality program school.
``(b) Criteria.--The standard referred to in subsection (a)
shall address, at a minimum--
``(1) a comparison of the rate of illegal use of drugs,
alcohol, and tobacco by students enrolled in the school for a
period of time to be determined by the chief executive
officer of the State;
``(2) the rate of suspensions or expulsions of students
enrolled in the school for drug, alcohol, or tobacco-related
offenses;
``(3) the effectiveness of the drug, alcohol, or tobacco
prevention program as proven by research;
``(4) the involvement of parents and community members in
the design of the drug, alcohol, and tobacco prevention
program; and
``(5) the extent of review of existing community drug,
alcohol, and tobacco prevention programs before
implementation of the public school program.
``(c) Request for Quality Program School Designation.--A
school that wishes to receive a quality program school
designation shall submit a request and documentation of
compliance with this section to the chief executive officer
of the State or the individual, entity, or agency described
in subsection (a), as the case may be.
``(d) Public Notification.--Not less than once a year, the
chief executive officer of each State or the individual,
entity, or agency described in subsection (a), as the case
may be, shall make available to the public a list of the
names of each public school in the State that has received a
quality program school designation in accordance with this
section.''.
SEC. 402. GUN-FREE REQUIREMENTS.
Title IV (20 U.S.C. 7101 et seq.) is amended by adding at
the end the following:
``PART B--GUN POSSESSION
``SEC. 4201. GUN-FREE REQUIREMENTS.
``(a) Short Title.--This part may be cited as the ``Gun-
Free Schools Act of 1994''.
``(b) Requirements.--
``(1) In general.--Each State receiving Federal funds under
this Act shall have in effect a State law requiring local
educational agencies to expel from school for a period of not
less than one year a student who is determined to have
brought a weapon to a school under the jurisdiction of local
educational agencies in that State, except that such State
law shall allow the chief administering officer of a local
educational agency to modify such expulsion requirement for a
student on a case-by-case basis.
``(2) Construction.--Nothing in this part shall be
construed to prevent a State from allowing a local
educational agency that has expelled a student from such a
student's regular school setting from providing educational
services to such student in an alternative setting.
``(3) Definition.--For the purpose of this section, the
term `weapon' means a firearm as such term is defined in
section 921(a) of title 18, United States Code.
``(c) Special Rule.--The provisions of this section shall
be construed in a manner consistent with the Individuals with
Disabilities Education Act.
``(d) Report to State.--Each local educational agency
requesting assistance from the State educational agency that
is to be provided from funds made available to the State
under this Act shall provide to the State, in the application
requesting such assistance--
``(1) an assurance that such local educational agency is in
compliance with the State law required by subsection (b); and
``(2) a description of the circumstances surrounding any
expulsions imposed under the State law required by subsection
(b), including--
``(A) the name of the school concerned;
``(B) the number of students expelled from such school; and
``(C) the type of weapons concerned.
``(e) Reporting.--Each State shall report the information
described in subsection (d) to the Secretary on an annual
basis.
``SEC. 4202. POLICY REGARDING CRIMINAL JUSTICE SYSTEM
REFERRAL.
``(a) In General.--No funds shall be made available under
this Act to any local educational agency unless such agency
has a policy requiring referral to the criminal justice or
juvenile delinquency system of any student who brings a
firearm or weapon to a school served by such agency.
``(b) Definitions.--For the purpose of this section, the
terms `firearm' and `school' have the meanings given the
terms in section 921(a) of title 18, United States Code.''.
SEC. 403. SCHOOL SAFETY AND VIOLENCE PREVENTION.
Title IV (20 U.S.C. 7101 et seq.) is amended by adding at
the end the following:
``PART C--SCHOOL SAFETY AND VIOLENCE PREVENTION
``SEC. 4301. SCHOOL SAFETY AND VIOLENCE PREVENTION.
``Notwithstanding any other provision of this title and
title VI, funds made available under such titles may be used
for--
``(1) training, including in-service training, for school
personnel (including custodians and bus drivers), with
respect to--
``(A) identification of potential threats, such as illegal
weapons and explosive devices;
``(B) crisis preparedness and intervention procedures; and
``(C) emergency response;
``(2) training for parents, teachers, school personnel and
other interested members of the community regarding the
identification and responses to early warning signs of
troubled and violent youth;
``(3) innovative research-based delinquency and violence
prevention programs, including--
``(A) school anti-violence programs; and
``(B) mentoring programs;
``(4) comprehensive school security assessments;
``(5) purchase of school security equipment and
technologies, such as--
``(A) metal detectors;
``(B) electronic locks; and
``(C) surveillance cameras;
``(6) collaborative efforts with community-based
organizations, including faith-based organizations, statewide
consortia, and law enforcement agencies, that have
demonstrated expertise in providing effective, research-based
violence prevention and intervention programs to school aged
children;
``(7) providing assistance to States, local educational
agencies, or schools to establish school uniform policies;
[[Page S3089]]
``(8) school resource officers, including community
policing officers; and
``(9) other innovative, local responses that are consistent
with reducing incidents of school violence and improving the
educational atmosphere of the classroom.
``SEC. 4302. SCHOOL UNIFORMS.
``(a) Construction.--Nothing in this Act shall be construed
to prohibit any State, local educational agency, or school
from establishing a school uniform policy.
``(b) Funding.--Notwithstanding any other provision of law,
funds provided under this titles and title VI may be used for
establishing a school uniform policy.
``SEC. 4303. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.
``(a) Nonapplication of Provisions.--The provisions of this
section shall not apply to any suspension or expulsion
disciplinary records transferred from a private, parochial,
or other nonpublic school, person, institution, or other
entity, that provides education below the college level.
``(b) Disciplinary Records.--Not later than 2 years after
the date of enactment of this part, each State receiving
Federal funds under this Act shall provide an assurance to
the Secretary that the State has a procedure in place to
facilitate the transfer of suspension and expulsion
disciplinary records by local educational agencies to any
private or public elementary school or secondary school for
any student who is enrolled or seeks, intends, or is
instructed to enroll, full-time or part-time, in the school.
``SEC. 4304. DISCLAIMER ON MATERIALS PRODUCED, PROCURED OR
DISTRIBUTED FROM FUNDING AUTHORIZED BY THIS
ACT.
``(a) Requirements.--All materials produced, procured, or
distributed, in whole or in part, as a result of Federal
funding authorized under this Act for expenditure by Federal,
State or local governmental recipients or other non-
governmental entities shall have printed thereon--
``(1) the following statement: `This material has been
printed, procured or distributed, in whole or in part, at the
expense of the Federal Government. Any person who objects to
the accuracy of the material, to the completeness of the
material, or to the representations made within the material,
including objections related to this material's
characterization of religious beliefs, are encouraged to
direct their comments to the office of the United States
Secretary of Education.'; and
``(2) the complete address of an office designated by the
Secretary to receive comments from members of the public.
``(b) Designation of Office.--The office designated by the
Secretary under subsection (a)(2) to receive comments shall,
every 6 months, prepare an accurate summary of all comments
received by the office. Such summary shall include details
about the number of comments received and the specific nature
of the concerns raised within the comments, and shall be
submitted 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, the Majority and
Minority Leaders of the Senate, and the Speaker of the House
of Representatives and the Minority Leader of the House of
Representatives. Such comments shall be retained by the
office and shall be made available to any member of the
general public upon request.''.
SEC. 404. BACKGROUND CHECKS.
Section 5(9) of the National Child Protection Act of 1993
(42 U.S.C. 5119c(9)) is amended--
(1) in subparagraph (A)(i), by inserting ``(including an
individual who is employed by a school in any capacity,
including as a child care provider, a teacher, or another
member of school personnel)'' before the semicolon; and
(2) in subparagraph (B)(i), by inserting ``(including an
individual who seeks to be employed by a school in any
capacity, including as a child care provider, a teacher, or
another member of school personnel)'' before the semicolon.
SEC. 405. CONSTITUTIONALITY OF MEMORIAL SERVICES AND
MEMORIALS AT PUBLIC SCHOOLS.
(a) Findings.--The Congress of the United States finds that
the saying of a prayer, the reading of a scripture, or the
performance of religious music as part of a memorial service
that is held on the campus of a public school in order to
honor the memory of any person slain on that campus does not
violate the First Amendment to the Constitution of the United
States, and that the design and construction of any memorial
that is placed on the campus of a public school in order to
honor the memory of any person slain on that campus a part of
which includes religious symbols, motifs, or sayings does not
violate the First Amendment to the Constitution of the United
States.
(b) Lawsuits.--In any lawsuit claiming that the type of
memorial or memorial service described in subsection (a)
violates the Constitution of the United States--
(1) each party shall pay its own attorney's fees and costs,
notwithstanding any other provision of law, and
(2) the Attorney General of the United States is authorized
to provide legal assistance to the school district or other
governmental entity that is defending the legality of such
memorial service.
SEC. 406. ENVIRONMENTAL TOBACCO SMOKE.
Title IV (20 U.S.C. 7101 et seq.) is amended by adding at
the end the following:
``PART D--ENVIRONMENTAL TOBACCO SMOKE
``SEC. 4401. SHORT TITLE.
``This part may be cited as the `Pro-Children Act of 2000'.
``SEC. 4402. DEFINITIONS.
``As used in this part:
``(1) Children.--The term `children' means individuals who
have not attained the age of 18.
``(2) Children's services.--The term `children's services'
means the provision on a routine or regular basis of health,
day care, education, or library services--
``(A) that are funded, after the date of the enactment of
the Educational Opportunities Act, directly by the Federal
Government or through State or local governments, by Federal
grant, loan, loan guarantee, or contract programs--
``(i) administered by either the Secretary of Health and
Human Services or the Secretary of Education (other than
services provided and funded solely under titles XVIII and
XIX of the Social Security Act); or
``(ii) administered by the Secretary of Agriculture in the
case of a clinic (as defined in part 246.2 of title 7, Code
of Federal Regulations (or any corresponding similar
regulation or ruling)) under section 17(b)(6) of the Child
Nutrition Act of 1966; or
``(B) that are provided in indoor facilities that are
constructed, operated, or maintained with such Federal funds,
as determined by the appropriate head of a Federal agency in
any enforcement action carried out under this part,
except that nothing in clause (ii) of subparagraph (A) is
intended to include facilities (other than clinics) where
coupons are redeemed under the Child Nutrition Act of 1966.
``(3) Indoor facility.--The term `indoor facility' means a
building that is enclosed.
``(4) Person.--The term `person' means any State or local
subdivision of a State, agency of such State or subdivision,
corporation, or partnership that owns or operates or
otherwise controls and provides children's services or any
individual who owns or operates or otherwise controls and
provides such services.
``(5) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``SEC. 4403. NONSMOKING POLICY FOR CHILDREN'S SERVICES.
``(a) Prohibition.--After the date of the enactment of the
Educational Opportunities Act, no person shall permit smoking
within any indoor facility owned or leased or contracted for,
and utilized, by such person for provision of routine or
regular kindergarten, elementary, or secondary education or
library services to children.
``(b) Additional Prohibition.--
``(1) In general.--After the date of the enactment of the
Educational Opportunities Act, no person shall permit smoking
within any indoor facility (or portion of such a facility)
owned or leased or contracted for, and utilized by, such
person for the provision of regular or routine health care or
day care or early childhood development (Head Start)
services.
``(2) Exception.--Paragraph (1) shall not apply to--
``(A) any portion of such facility that is used for
inpatient hospital treatment of individuals dependent on, or
addicted to, drugs or alcohol; and
``(B) any private residence.
``(c) Federal Agencies.--
``(1) Kindergarten, elementary, or secondary education or
library services.--After the date of the enactment of the
Educational Opportunities Act, no Federal agency shall permit
smoking within any indoor facility in the United States
operated by such agency, directly or by contract, to provide
routine or regular kindergarten, elementary, or secondary
education or library services to children.
``(2) Health or day care or early childhood development
services.--
``(A) In general.--After the date of the enactment of the
Educational Opportunities Act, no Federal agency shall permit
smoking within any indoor facility (or portion of such
facility) operated by such agency, directly or by contract,
to provide routine or regular health or day care or early
childhood development (Head Start) services to children.
``(B) Exception.--Subparagraph (A) shall not apply to--
``(i) any portion of such facility that is used for
inpatient hospital treatment of individuals dependent on, or
addicted to, drugs or alcohol; and
``(ii) any private residence.
``(3) Application of provisions.--The provisions of
paragraph (2) shall also apply to the provision of such
routine or regular kindergarten, elementary or secondary
education or library services in the facilities described in
paragraph (2) not subject to paragraph (1).
``(d) Notice.--The prohibitions in subsections (a) through
(c) shall be published in a notice in the Federal Register by
the Secretary (in consultation with the heads of other
affected agencies) and by such agency heads in funding
arrangements involving the provision of children's services
administered by such heads. Such prohibitions shall be
effective 90 days after such notice is published, or 270 days
after the date of the enactment of the Educational
Opportunities Act, whichever occurs first.
``(e) Civil Penalties.--
``(1) In general.--Any failure to comply with a prohibition
in this section shall be considered to be a violation of this
section and any person subject to such prohibition who
commits such violation may be liable to the United States for
a civil penalty in an amount not to exceed $1,000 for each
violation, or may be subject to an administrative compliance
order, or both, as determined by the Secretary. Each day a
violation continues shall constitute a separate violation. In
the case of any civil penalty assessed under this section,
the total amount shall not exceed the amount of Federal funds
received by such person for the fiscal year in which the
continuing violation occurred. For the purpose of the
prohibition in subsection (c), the term `person', as used in
this paragraph, shall mean the head of the applicable Federal
agency or the contractor of such agency providing the
services to children.
``(2) Administrative proceeding.--A civil penalty may be
assessed in a written notice, or
[[Page S3090]]
an administrative compliance order may be issued under
paragraph (1), by the Secretary only after an opportunity for
a hearing in accordance with section 554 of title 5, United
States Code. Before making such assessment or issuing such
order, or both, the Secretary shall give written notice of
the assessment or order to such person by certified mail with
return receipt and provide information in the notice of an
opportunity to request in writing, not later than 30 days
after the date of receipt of such notice, such hearing. The
notice shall reasonably describe the violation and be
accompanied with the procedures for such hearing and a simple
form that may be used to request such hearing if such person
desires to use such form. If a hearing is requested, the
Secretary shall establish by such certified notice the time
and place for such hearing, which shall be located, to the
greatest extent possible, at a location convenient to such
person. The Secretary (or the Secretary's designee) and such
person may consult to arrange a suitable date and location
where appropriate.
``(3) Circumstances affecting penalty or order.--In
determining the amount of the civil penalty or the nature of
the administrative compliance order, the Secretary shall take
into account, as appropriate--
``(A) the nature, circumstances, extent, and gravity of the
violation;
``(B) with respect to the violator, any good faith efforts
to comply, the importance of achieving early and permanent
compliance, the ability to pay or comply, the effect of the
penalty or order on the ability to continue operation, any
prior history of the same kind of violation, the degree of
culpability, and any demonstration of willingness to comply
with the prohibitions of this section in a timely manner; and
``(C) such other matters as justice may require.
``(4) Modification.--The Secretary may, as appropriate,
compromise, modify, or remit, with or without conditions, any
civil penalty or administrative compliance order. In the case
of a civil penalty, the amount, as finally determined by the
Secretary or agreed upon in compromise, may be deducted from
any sums that the United States or the agencies or
instrumentalities of the United States owe to the person
against whom the penalty is assessed.
``(5) Petition for review.--Any person aggrieved by a
penalty assessed or an order issued, or both, by the
Secretary under this section may file a petition for judicial
review of the order with the United States Court of Appeals
for the District of Columbia Circuit or for any other circuit
in which the person resides or transacts business. Such
person shall provide a copy of the petition to the Secretary
or the Secretary's designee. The petition shall be filed
within 30 days after the Secretary's assessment or order, or
both, are final and have been provided to such person by
certified mail. The Secretary shall promptly provide to the
court a certified copy of the transcript of any hearing held
under this section and a copy of the notice or order.
``(6) Failure to comply.--If a person fails to pay an
assessment of a civil penalty or comply with an order, after
the assessment or order, or both, are final under this
section, or after a court has entered a final judgment under
paragraph (5) in favor of the Secretary, the Attorney
General, at the request of the Secretary, shall recover the
amount of the civil penalty (plus interest at prevailing
rates from the day the assessment or order, or both, are
final) or enforce the order in an action brought in the
appropriate district court of the United States. In such
action, the validity and appropriateness of the penalty or
order or the amount of the penalty shall not be subject to
review.
``SEC. 4404. PREEMPTION.
``Nothing in this part is intended to preempt any provision
of law of a State or political subdivision of a State that is
more restrictive than a provision of this part.''.
TITLE V--EDUCATIONAL OPPORTUNITY INITIATIVES
SEC. 501. EDUCATIONAL OPPORTUNITY INITIATIVES.
The heading for title V (20 U.S.C. 7201 et seq.) is amended
to read as follows:
``TITLE V--EDUCATIONAL OPPORTUNITY INITIATIVES''.
PART A--TECHNOLOGY EDUCATION
SEC. 511. TECHNOLOGY EDUCATION.
Part A of title V (20 U.S.C. 7201 et seq.) is amended to
read as follows:
``PART A--TECHNOLOGY EDUCATION
``SEC. 5111. STATEMENT OF PURPOSE.
``To help all students develop technical and higher-order
thinking skills and to achieve challenging State academic
content and performance standards, as well as America's
Education Goals, it is the purpose of this part to--
``(1) help provide all classrooms with access to
educational technology through support for the acquisition of
advanced multimedia computers, Internet connections, and
other technologies;
``(2) help ensure access to, and the effective use of,
educational technology in all classrooms through the
provision of sustained and intensive, high quality
professional development that improves the ability of
teachers and principals to integrate educational technology
effectively into the classroom by actively engaging students,
teachers, paraprofessionals, media specialists, principals
and superintendents in the use of technology;
``(3) help improve the capability of teachers and other
appropriate school personnel to design and construct new
learning experiences using technology, and actively engage
students in the design and construction;
``(4) support efforts by State Educational Agencies and
local educational agencies to create learning environments
designed to prepare students to achieve challenging State
academic content and performance standard through the use of
research based teaching practices and advanced technologies;
``(5) support the provision of technical assistance to
State educational agencies, local educational agencies, and
communities to help such agencies and communities use
technology-based resources and information systems to support
school reform and meet the needs of students, teachers and
other school personnel;
``(6) support partnerships among business and industry and
the education community to realize more rapidly the potential
of digital communication to expand the scope of, and
opportunities for learning;
``(7) support evaluation and research on the effective use
of technology in preparing all students to achieve
challenging State academic content and performance standards,
and the impact of technology on teaching and learning;
``(8) encourage collaborative relationships among the State
agency for higher education, the State library administrative
agency, the State telecommunications agency, and the State
educational agency, in the area of technology support to
strengthen the system of education to ensure that technology
is accessible to, and usable by, all students;
``(9) assist every student in crossing the digital divide
by ensuring that every child is computer literate by the time
the child finishes 8th grade, regardless of the child's race,
ethnicity, gender, income, geography, or disability; and
``(10) support the development and use of education
technology to enhance and facilitate meaningful parental
involvement to improve student learning.
``SEC. 5112. DEFINITIONS.
``In this title:
``(1) Adult education.--The term `adult education' has the
same meaning given such term by section 203 of the Adult
Education and Family Literacy Act.
``(2) All students.--The term `all students' means students
from a broad range of backgrounds and circumstances,
including disadvantaged students, students with diverse
racial, ethnic, and cultural backgrounds, students with
disabilities, students with limited English proficiency,
students who have dropped out of school, and academically
talented students.
``(3) Information infrastructure.--The term `information
infrastructure' means a network of communication systems
designed to exchange information among all citizens and
residents of the United States.
``(4) Instructional programming.--The term `instructional
programming' means the full range of audio and video data,
text, graphics, or additional state-of-the-art
communications, including multimedia based resources
distributed through interactive, command and control, or
passive methods for the purpose of education and instruction.
``(5) Interoperable and interoperability.--The terms
`interoperable' and `interoperability' mean the ability to
exchange easily data with, and connect to, other hardware and
software in order to provide the greatest accessibility for
all students and other users.
``(6) Office.--The term `Office' means the Office of
Educational Technology.
``(7) Public telecommunications entity.--The term `public
telecommunications entity' has the same meaning given to such
term by section 397(12) of the Communications Act of 1934.
``(8) Regional educational laboratory.--The term `regional
educational laboratory' means a regional educational
laboratory supported under section 941(h) of the Educational,
Research, Development, Dissemination, and Improvement Act of
1994.
``(9) State educational agency.--The term `State
educational agency' includes the Bureau of Indian Affairs for
purposes of serving schools funded by the Bureau of Indian
Affairs in accordance with this part.
``(10) State library administrative agency.--The term
`State library administrative agency' has the same meaning
given to such term in section 3 of the Library Services and
Technology Act.
``(11) Technology.--The term `technology' means state-of-
the-art technology products and services, such as closed
circuit television systems, educational television and radio
programs and services, cable television, satellite, copper
and fiber optic transmission, computer hardware and software,
video and audio laser and CD-ROM discs, video and audio
tapes, web-based learning resources including online classes,
interactive tutorials, and interactive tools and virtual
environments for problem solving, hand-held devices, wireless
technologies, voice recognition systems, and high quality
digital video, distance learning networks, visualization,
modeling and simulation software and learning focused digital
libraries and information retrieval systems.
``SEC. 5113. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There are
authorized to be appropriated $815,000,000 for fiscal year
2001 and such sums as may be necessary for each of the 4
succeeding fiscal years to carry out subparts 1, 2, and 3, of
which--
``(1) with respect to subparts 1 and 3--
``(A) $5,000,000 shall be available to carry out subpart 1
(National Programs for Technology in Education) for fiscal
year 2001;
``(B) $10,000,000 shall be available to carry out subpart 3
(Regional Technical Support and Professional Development) for
fiscal year 2001; and
``(C) for each of fiscal years 2002 through 2005, not to
exceed 2.5 percent of the total amount appropriated under
this subsection for each such fiscal year shall be available
to carry out such subparts; and
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``(2) of any funds remaining for a fiscal year after
amounts are made available under paragraph (1)--
``(A) except as provided in subsection (b), 70 percent of
such funds shall be available for carrying out section 5132;
and
``(B) 30 percent of such funds shall be available for
carrying out national activities including section 5136.
``(b) Special Rule.--The amount made available under
subsection (a)(2)(A) for a fiscal year shall in no case be
less than the amount made available to carry out section 5132
in fiscal year 2000.
``SEC. 5114. LIMITATION ON COSTS.
``Not more than 5 percent of the funds under this part that
are made available to a recipient of funds under this part
for any fiscal year may be used by such recipient for
administrative costs or technical assistance.
``Subpart 1--National Programs for Technology in Education
``SEC. 5121. NATIONAL LONG-RANGE TECHNOLOGY PLAN.
``(a) In General.--The Secretary shall update, publish, and
broadly disseminate not later than 12 months after the date
of the enactment of this title, and update when the Secretary
determines appropriate, the national long-range plan that
supports the overall national technology policy and carries
out the purposes of this part.
``(b) Plan Requirements.--The Secretary shall--
``(1) update the national long-range plan in consultation
with other Federal departments or agencies, State and local
education practitioners and policymakers including teachers,
principals and superintendents, experts in technology and the
applications of technology to education, representatives of
distance learning consortia, representatives of
telecommunications partnerships receiving assistance under
the Star Schools Act, and providers of technology services
and products;
``(2) transmit such plan to the President and to the
appropriate committees of the Congress; and
``(3) publish such plan in a form that is readily
accessible to the public.
``(c) Contents of the Plan.--The updated national long-
range plan shall describe the Secretary's activities to
promote the purposes of this title, including--
``(1) how the Secretary will encourage the effective use of
technology to provide all students the opportunity to achieve
challenging State content standards and State student
performance standards, especially through programs
administered by the Department;
``(2) joint activities in support of the overall national
technology policy with other Federal departments or agencies,
such as the Office of Science and Technology Policy, the
National Endowment for the Humanities, the National Endowment
for the Arts, the National Institute for Literacy, the
National Aeronautics and Space Administration, the National
Science Foundation, the Bureau of Indian Affairs, and the
Departments of Commerce, Energy, Health and Human Services,
and Labor--
``(A) to promote the use of technology in education,
training, and lifelong learning, including plans for the
educational uses of a national information infrastructure;
and
``(B) to ensure that the policies and programs of such
departments or agencies facilitate the use of technology for
educational purposes, to the extent feasible;
``(3) how the Secretary will work with educators, State and
local educational agencies, and appropriate representatives
of the private sector to facilitate the effective use of
technology in education;
``(4) how the Secretary will promote--
``(A) higher achievement of all students through the
integration of technology into the curriculum;
``(B) increased access to the benefits of technology for
teaching and learning for schools with a high number or
percentage of children from low-income families;
``(C) the use of technology to assist in the implementation
of State systemic reform strategies;
``(D) the application of technological advances to use in
education;
``(E) increased access to high quality adult and family
education services through the use of technology for
instruction and professional development;
``(F) increased opportunities for the professional
development of teachers and other school leaders in the use
of new technologies;
``(G) increasing the use of educational technology to
provide professional development opportunities for teachers
and school leaders; and
``(H) increased parental involvement in schools through the
use of technology;
``(5) how the Secretary will determine, in consultation
with appropriate individuals, organizations, industries, and
agencies, the feasibility and desirability of establishing
guidelines to facilitate an easy exchange of data and
effective use of technology in education;
``(6) how the Secretary will promote the exchange of
information among States, local educational agencies,
schools, consortia, and other entities concerning the
effective use of technology in education;
``(7) how the Secretary will promote the full integration
of technology into learning, including the creation of new
instructional opportunities through access to challenging
courses and information that would otherwise not have been
available, and independent learning opportunities for
students through technology;
``(8) how the Secretary will encourage the creation of
opportunities for teachers to develop through the use of
technology, their own networks and resources for sustained
and intensive, high quality professional development;
``(9) how the Secretary will utilize the outcomes of the
evaluation undertaken pursuant to section 5123 to promote the
purposes of this part; and
``(10) the Secretary's long-range measurable goals and
objectives relating to the purposes of this part.
``SEC. 5122. FEDERAL LEADERSHIP.
``(a) Program Authorized.--In order to provide Federal
leadership in promoting the use of technology in education,
the Secretary, in consultation with the National Science
Foundation, the Department of Commerce, the White House
Office of Science and Technology, and other appropriate
Federal agencies, may carry out activities designed to
achieve the purposes of this part directly or by awarding
grants or contracts competitively and pursuant to a peer
review process to, or entering into contracts with, State
educational agencies, local educational agencies,
institutions of higher education, or other public and private
nonprofit or for-profit agencies and organizations.
``(b) Assistance.--
``(1) In general.--The Secretary shall provide assistance
to the States to enable such States to plan effectively for
the use of technology in all schools throughout the State.
``(2) Other federal agencies.--For the purpose of carrying
out coordinated or joint activities consistent with the
purposes of this part, the Secretary may accept funds from,
and transfer funds to, other Federal agencies.
``(c) Uses of Funds.--The Secretary shall use funds made
available to carry out this section for activities designed
to carry out the purpose of this part, to include 1 or more
of the following activities--
``(1) providing assistance to technical assistance
providers to enable such providers to improve substantially
the services such providers offer to educators, including
principals and superintendents, regarding the uses of
technology for education, including professional development;
``(2) providing development grants to technical assistance
providers, to enable such providers to improve substantially
the services such providers offer to educators, including
principals and superintendents, on the educational uses of
technology, including professional development;
``(3) consulting with representatives of industry,
elementary and secondary education, higher education, adult
and family education, and appropriate experts in technology
and educational applications of technology in carrying out
activities under this subpart;
``(4) research on, and the development of, applications for
education of the most advanced and newly emerging
technologies, including high quality video, voice recognition
devices, modeling and simulation software (particularly web-
based software and intelligent tutoring), hand held devices,
and wireless technologies, which research shall be
coordinated, when appropriate, with the Office of Educational
Research and Improvement, and other Federal agencies;
``(5) the development, demonstration, and evaluation of the
educational aspects of high performance computing and
communications technologies and of the national information
infrastructure, in providing professional development for
teachers, school librarians, school media specialists, other
educators, and other appropriate school personnel; enriching
academic curricula for elementary and secondary schools;
facilitating communications among schools, local educational
agencies, libraries, parents, and local communities and in
other such areas as the Secretary deems appropriate;
``(6) the development, demonstration, and evaluation of
applications of technology and innovative tools in preschool
education, elementary and secondary education, training and
lifelong learning, and professional development of
educational personnel;
``(7) increasing and improving opportunities for
professional development for teachers, principals,
superintendents and pupil service personnel through
technology;
``(8) the evaluation of software and other products,
including multimedia television programming, that incorporate
advances in technology and help achieve America's Education
Goals, State content standards and State student performance
standards;
``(9) the development, demonstration, and evaluation of
model strategies for preparing teachers and other personnel
to use technology effectively to improve teaching and
learning;
``(10) the development of model programs that demonstrate
the educational effectiveness of technology in urban and
rural areas and economically distressed communities;
``(11) research on, and the evaluation of, the
effectiveness and benefits of technology in education by
making available such research and the results of such
evaluation in a national repository as providing for its use
for sustained and intensive high quality professional
development;
``(12) a biennial assessment of, and report to the public
regarding, the availability of uses of technology in
elementary and secondary education throughout the United
States upon which private businesses and Federal, State,
tribal, and local governments may rely for decisionmaking
about the need for, and provision of, appropriate
technologies in schools, which assessment and report shall
use, to the extent possible, existing information and
resources;
``(13) conferences on, and dissemination of information
regarding, the uses of technology in education;
``(14) the development of model strategies to promote
gender equity concerning access to, and the use of,
technology in the classroom;
``(15) encouraging collaboration between the Department and
other Federal agencies in the development, implementation,
evaluation and funding of applications of technology for
education, as appropriate;
[[Page S3092]]
``(16) the development of model programs, mentoring, or
other programs that may include partnerships with a business,
an industry, or an institution of higher education, that
encourages students, including young women, to pursue
demanding careers and higher education degrees in
mathematics, science, engineering and technology;
``(17) the conduct of long-term controlled studies on the
effectiveness of the use of educational technology and the
conduct of evaluations and applied reach studies that examine
how students learn using technology and the characteristics
of classrooms and other educational settings that use
education technology effectively;
``(18) the development, demonstration, and evaluation of
model technology programs designed to improve parental
involvement; and
``(19) such other activities as the Secretary determines
will meet the purposes of this subpart.
``(d) Non-Federal Share.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary may require any recipient of a grant or contract
under this section to share in the cost of the activities
assisted under such grant or contract, which non-Federal
share shall be announced through a notice in the Federal
Register and may be in the form of cash or in-kind
contributions, fairly valued.
``(2) Increase.--The Secretary may increase the non-Federal
share that is required of a recipient of a grant or contract
under this section after the first year such recipient
receives funds under such grant or contract.
``(3) Maximum.--The non-Federal share required under this
section shall not exceed 50 percent of the cost of the
activities assisted pursuant to a grant or contract under
this section.
``Subpart 2--State and Local Programs for School Technology Resources
``SEC. 5131. ALLOTMENT AND REALLOTMENT.
``(a) Allotment.--
``(1) In general.--Except as provided in paragraph (2),
each State educational agency shall be eligible to receive a
grant under this subpart for a fiscal year in an amount which
bears the same relationship to the amount made available
under section 5113(a)(3)(A) for such year as the amount such
State received under part A of title I for such year bears to
the amount received for such year under such part by all
States.
``(2) Minimum.--No State educational agency shall be
eligible to receive a grant under paragraph (1) in any fiscal
year in an amount which is less than one-half of 1 percent of
the amount made available under section 5113(a)(3)(A) for
such year.
``(3) Outlying areas.--The Secretary shall reserve an
amount equal to one-half of 1 percent of the amount made
available to carry out section 5132 for each fiscal year to
provide grants to outlying areas in amounts that are based on
the relative needs of such areas as determined by the
Secretary in accordance with the purposes of section 5132.
``(b) Reallotment of Unused Funds.--
``(1) In general.--The amount of any State educational
agency's allotment under subsection (a) for any fiscal year
which the State educational agency determines will not be
required for such fiscal year to carry out this subpart shall
be available for reallotment from time to time, on such dates
during such year as the Secretary may determine, to other
State educational agencies in proportion to the original
allotments to such State educational agencies under
subsection (a) for such year.
``(2) Other reallotments.--The total of reductions under
paragraph (1) shall be similarly reallotted among the State
educational agencies whose proportionate amounts were not so
reduced. Any amounts reallotted to a State educational agency
under this subsection during a year shall be deemed a subpart
of such agencies allotment under subsection (a) for such
year.
``SEC. 5132. TECHNOLOGY LITERACY FUND.
``(a) Grants to States.--
``(1) In general.--From amounts made available under
section 5131, the Secretary, through the Office of
Educational Technology, shall award grants to State
educational agencies having applications approved under
section 5133.
``(2) Use of grants.--
``(A) In general.--Each State educational agency receiving
a grant under paragraph (1) shall use such grant funds to
award grants, on a competitive basis, to local educational
agencies to enable such local educational agencies to carry
out the activities described in section 5134.
``(B) Size, scope and duration.--In awarding grants under
subparagraph (A), each State educational agency shall ensure
that each such grant is of sufficient duration, and of
sufficient size, scope, and quality, to carry out the
purposes of this part effectively.
``(b) Technical Assistance.--Each State educational agency
receiving a grant under paragraph (1) shall--
``(1) identify the local educational agencies served by the
State educational agency that--
``(A) have the highest number or percentage of children in
poverty; and
``(B) demonstrate to such State educational agency the
greatest need for technical assistance in developing the
application under section 5133; and
``(2) offer such technical assistance to such local
educational agencies.
``SEC. 5133. STATE APPLICATION.
``To receive funds under this subpart, each State
educational agency shall submit a statewide educational
technology plan which may include plans submitted under
statewide technology plans which meet the requirements of
this section. Such application shall be submitted to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may reasonably require.
Each such application shall contain a systemic statewide plan
that--
``(1) outlines long-term strategies for financing
technology education in the State and describes how business,
industry, and other public and private agencies, including
libraries, library literacy programs, and institutions of
higher education, can participate in the implementation,
ongoing planning, and support of the plan;
``(2) meets such other criteria as the Secretary may
establish in order to enable such agency to provide
assistance to local educational agencies that have the
highest numbers or percentages of children in poverty and
demonstrate the greatest need for technology, in order to
enable such local educational agencies, for the benefit of
school sites served by such local educational agencies, to
carry out activities such as--
``(A) purchasing quality technology resources;
``(B) installing various linkages necessary to acquire
connectivity;
``(C) integrating technology into the curriculum in order
to improve student learning and achievement;
``(D) providing teachers, library media personnel,
principals and superintendents with training or access to
training;
``(E) providing administrative and technical support and
services that improve student learning through enriched
technology-enhanced resources, including library media
resources;
``(F) promoting in individual schools the sharing,
distribution, and application of educational technologies
with demonstrated effectiveness;
``(G) assisting schools in promoting parent involvement;
``(H) assisting the community in providing literacy-related
services;
``(I) establishing partnerships with private or public
educational providers or other entities to serve the needs of
children in poverty; and
``(J) providing assurances that financial assistance
provided under this part shall supplement, not supplant,
State and local funds;
``(3) the State educational agency's specific goals for
using advanced technologies to improve student achievement
and student performance to challenging State academic content
and performance standards by--
``(A) using web-based resources and telecommunications
networks to provide challenging content and improve classroom
instruction;
``(B) using research-based teaching practices and models of
effective uses of advanced technology to promote basic skills
in core academic areas and higher-order thinking skills in
all students; and
``(C) promoting sustained and intensive high-quality
professional development that increases teacher capacity to
enable students to learn challenging State content and
performance standards and develop higher-order thinking
skills through the integration of technology into
instruction; and
``(4) the State educational agency's strategy for
disseminating information.
``SEC. 5134. LOCAL USES OF FUNDS.
``Each local educational agency, to the extent possible,
shall use the funds made available under section 5132(a)(2)
for--
``(1) adapting or expanding existing and new applications
of technology to enable teachers to help students to achieve
to challenging State academic content and student performance
standards through the use of research-based teaching
practices and advanced technologies;
``(2) funding projects of sufficient size and scope to
improve student learning and, as appropriate, support
professional development, and provide administrative support;
``(3) acquiring connectivity linkages, resources, and
services, including the acquisition of hardware and software,
for use by teachers, students and school library media
personnel in the classroom or in school library media
centers, in order to improve student learning by supporting
the instructional program offered by such agency to ensure
that students in schools will have meaningful access on a
regular basis to such linkages, resources and services;
``(4) providing sustained and intensive, high-quality
professional development in the integration of advanced
technologies into curriculum and in using those technologies
to create new learning environments, including training in
the use of technology to access data and resources to develop
curricula and instructional materials that are aligned to the
challenging State academic content standards in core academic
subjects;
``(5) acquiring connectivity with wide area networks for
purposes of accessing information and educational programming
sources, particularly with institutions of higher education
and public libraries;
``(6) providing educational services for adults and
families;
``(7) carrying out programs that prepare prospective
teachers to use advanced technology to foster learning
environments conducive to preparing all students to achieve
challenging State and local content and student performance
standards through the use of a variety of models including
school-based professional development;
``(8) supporting in-school and school-community
collaboration to make more effective and efficient use of
existing investments in technology;
``(9) utilizing technology to develop or expand efforts to
connect schools and teachers with parents to promote
meaningful parental involvement and foster increased
communication about curriculum, assignments and assessments;
``(10) providing support to help parents understand the
technology being applied in their children's education so
that parents will be able to reinforce their children's
learning;
``(11) using web-based learning resources, including those
that provide access to challenging courses; and
``(12) providing education technology for advanced
placement instruction.
[[Page S3093]]
``SEC. 5135. LOCAL APPLICATIONS.
``Each local educational agency desiring assistance from a
State educational agency under section 5132(a)(2) shall
submit an application, consistent with the objectives of the
systemic statewide plan, to the State educational agency at
such time, in such manner and accompanied by such information
as the State educational agency may reasonably require. Such
application, at a minimum, shall--
``(1) include a strategic, long-range (3- to 5-year), plan
that includes--
``(A) a description of the type of technologies to be
acquired, including specific provisions for interoperability
among components of such technologies and, to the extent
practicable, with existing technologies;
``(B) an explanation of how the acquired technologies will
be integrated into the curriculum to help the local
educational agency enhance teaching, training, and student
achievement;
``(C) an explanation of how programs will be developed in
collaboration with existing adult literacy services providers
to maximize the use of such technologies;
``(D)(i) a description of how the local educational agency
will ensure ongoing, sustained professional development for
teachers, principals, superintendents, appropriate school
personnel, and school library media personnel served by the
local educational agency to further the use of technology in
the classroom or library media center;
``(ii) a list of the source or sources of ongoing training
and technical assistance available to schools, teachers,
principals, superintendents, other appropriate school
personnel and library media personnel served by the local
educational agency, such as State technology offices,
intermediate educational support units, regional educational
laboratories or institutions of higher education; and
``(iii) a description of how parents will be informed of
the use of technologies so that the parents will be able to
reinforce at home the instruction their children receive at
school;
``(E) a description of the supporting resources, such as
services, software and print resources, which will be
acquired to ensure successful and effective use of
technologies acquired under this section;
``(F) the projected timetable for implementing such plan in
schools;
``(G) the projected cost of technologies to be acquired and
related expenses needed to implement such plan; and
``(H) a description of how the local educational agency
will coordinate the technology provided pursuant to this
subpart with other grant funds available for technology from
other Federal, State and local sources;
``(2) describe how the local educational agency will
involve parents, public libraries, business leaders and
community leaders in the development of such plan;
``(3) describe how the acquired instructionally based
technologies will help the local educational agency--
``(A) promote equity in education in order to support State
content standards and State student performance standards
that may be developed;
``(B) provide access for teachers, other appropriate school
personnel, parents and students to the best teaching
practices and curriculum resources through technology; and
``(C) improve parental involvement in schools;
``(4) describe a process for the ongoing evaluation of how
technologies acquired under this section--
``(A) will be integrated into the school curriculum; and
``(B) will affect student achievement and progress toward
meeting America's Education Goals and any challenging State
content standards and State student performance standards
that may be developed;
``(5) describe how the consortia will develop or redesign
teacher preparation programs to enable prospective teachers
to use technology effectively in their classroom, if
applicable to the consortia; and
``(6) describe how the local educational agency will
effectively use technology to promote parental involvement
and increase communication with parents.
``(d) Formation of Consortia.--A local educational agency
for any fiscal year may apply for financial assistance as
part of a consortium with other local educational agencies,
institutions of higher education, intermediate educational
units, libraries, or other educational entities appropriate
to provide local programs. The State educational agency may
assist in the formation of consortia among local educational
agencies, providers of educational services for adults and
families, institutions of higher education, intermediate
educational units, libraries, or other appropriate
educational entities to provide services for the teachers and
students in a local educational agency at the request of such
local educational agency.
``(e) Coordination of Application Requirements.--If a local
educational agency submitting an application for assistance
under this section has developed a comprehensive education
improvement plan, in conjunction with requirements under this
Act, the State educational agency may approve such plan, or a
component of such plan, notwithstanding the requirements of
subsection (d) if the State educational agency determines
that such approval would further the purposes of this
subpart.
``SEC. 5136. NATIONAL TECHNOLOGY INNOVATION GRANTS.
``(a) Grants Authorized.--
``(1) In general.--From amounts made available under
section 5113(a)(3)(B) for any fiscal year the Secretary is
authorized to award grants, on a competitive basis, to
consortia having applications approved under subsection (d),
which consortia shall include at least 1 local educational
agency with a high percentage or number of children living
below the poverty line and may include other local
educational agencies, State educational agencies,
institutions of higher education, businesses, academic
content experts, software designers, museums, libraries, or
other appropriate entities.
``(2) Duration.--Grants under this section shall be awarded
for a period of 5 years.
``(3) Continuation grants.--The Secretary may award
continuation grants under this section, where applicable, to
entities receiving grants under the Preparing Tomorrows
Teachers to Use Technology Program.
``(b) Use of Grants.--Grants awarded under subsection (a)
shall be used for activities described in section 5134.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to consortia which demonstrate
in the application submitted under subsection (d) that--
``(1) the project for which assistance is sought is
designed to serve areas with a high number or percentage of
disadvantaged students or the greatest need for educational
technology;
``(2) the project will directly benefit students by, for
example, integrating the acquired technologies into
curriculum to help the local educational agency enhance
teaching, training, and student achievement;
``(3) the project will ensure ongoing, sustained
professional development for teachers, principals,
superintendents, other appropriate school personnel, and
school library media personnel served by the local
educational agency to further the use of technology in the
classroom or library media center including the preservice
education of prospective teachers in the use of educational
technology if 1 of the members of the consortia is an
institution of higher education that prepares teachers for
their initial entry into teaching;
``(4) the project will ensure successful, effective, and
sustainable use of technologies acquired under this
subsection;
``(5) members of the consortia or other appropriate
entities will contribute substantial financial and other
resources to achieve the goals of the project;
``(6) the project will enhance parental involvement by
providing parents the information needed to more fully
participate in their child's learning; and
``(7) the project will use education technology for
advanced placement instruction.
``(d) Application.--
``(1) In general.--Each consortium desiring a grant under
this section shall submit an application to the Secretary at
such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(2) Fiscal agents.--Any member of a consortium may serve
as the fiscal agent of the consortium for purposes of this
subpart, so long as the lead local educational agency agrees
to permit such member to serve as the fiscal agent.
``SEC. 5137. FEDERAL ADMINISTRATION.
``(a) Evaluation Procedures.--The Secretary shall develop
procedures for State and local evaluations of the programs
under this subpart.
``(b) Specific Evaluations.--The Secretary shall submit to
the Congress by not later than 3 years after the date of
enactment of this title an evaluation of State and local
outcomes of the technology literacy challenge funds program
and of the technology innovations challenge grant program.
``(c) Evaluation Summary.--The Secretary shall submit to
the Congress by not later than 2 years after the date of
enactment of this title a summary of the State evaluations of
programs under this subpart in accordance with the provisions
of section 10201.
``Subpart 3--Regional Technical Support and Professional Development
``SEC. 5141. REGIONAL TECHNICAL SUPPORT AND PROFESSIONAL
DEVELOPMENT.
``(a) Grants Authorized.--
``(1) Authority.--The Secretary, through the Office of
Educational Technology, shall make grants in accordance with
the provisions of this section, to regional entities such as
the Eisenhower Mathematics and Science Regional Consortia,
the regional education laboratories, the comprehensive
regional assistance centers, or such other regional entities
as may be designated or established by the Secretary. In
awarding grants under this section, the Secretary shall
ensure that each geographic region of the United States shall
be served by such a consortium.
``(2) Requirements.--Each consortium receiving a grant
under this section shall--
``(A) be composed of State educational agencies,
institutions of higher education, nonprofit organizations, or
a combination thereof;
``(B) in cooperation with State and local educational
agencies, develop a regional program that addresses
professional development, technical assistance, and
information resource dissemination, with special emphasis on
meeting the documented needs of educators and learners in the
region; and
``(C) foster regional cooperation and resource and
coursework sharing.
``(b) Functions.--
``(1) Technical assistance.--Each consortium receiving a
grant under this section shall, to the extent practicable--
``(A) collaborate with State educational agencies and local
educational agencies requesting collaboration, particularly
in the development of strategies for assisting those schools
with the highest numbers or percentages of disadvantaged
students with little or no access to technology in the
classroom;
``(B) provide information, in coordination with information
available from the Secretary, to State educational agencies,
local educational agencies, schools and adult education
programs, on the types and features of various educational
[[Page S3094]]
technology equipment and software available, evaluate and
make recommendations on equipment and software that support
America's Education Goals and are suited for a school's
particular needs, and compile and share information regarding
creative and effective applications of technology in the
classroom and school library media centers in order to
support the purposes of this part;
``(C) collaborate with such State educational agencies,
local educational agencies, or schools requesting to
participate in the tailoring of software programs and other
supporting materials to meet challenging State content
standards or challenging State student performance standards
that may be developed; and
``(D) provide technical assistance to facilitate use of the
electronic dissemination networks by State and local
educational agencies and schools throughout the region.
``(2) Professional development.--Each consortium receiving
a grant under this section shall, to the extent practicable--
``(A) develop and implement, in collaboration with State
educational agencies and institutions of higher education,
technology-specific, ongoing professional development, such
as--
``(i) intensive school year and summer workshops that use
teachers, school librarians, and school library personnel to
train other teachers, school librarians, and other school
library media personnel; and
``(ii) distance professional development, including--
``(I) interactive training tele-courses using researchers,
educators, and telecommunications personnel who have
experience in developing, implementing, or operating
educational and instructional technology as a learning tool;
``(II) onsite courses teaching teachers to use educational
and instructional technology and to develop their own
instructional materials for effectively incorporating
technology and programming in their own classrooms;
``(III) methods for successful integration of instructional
technology into the curriculum in order to improve student
learning and achievement;
``(IV) video conferences and seminars which offer
professional development through peer interaction with
experts as well as other teachers using technologies in their
classrooms; and
``(V) mobile education technology and training resources;
``(B) develop training resources that--
``(i) are relevant to the needs of the region and schools
within the region;
``(ii) are relevant to the needs of adult literacy staff
and volunteers, including onsite courses on how to--
``(I) use instructional technology; and
``(II) develop instructional materials for adult learning;
and
``(iii) are aligned with the needs of teachers and
administrators in the region;
``(C) establish a repository of professional development
and technical assistance resources;
``(D) identify and link technical assistance providers to
State and local educational agencies, as needed;
``(E) ensure that training, professional development, and
technical assistance meet the needs of educators, parents,
and students served by the region;
``(F) assist colleges and universities within the region to
develop and implement preservice training programs for
students enrolled in teacher education programs; and
``(G) assist local educational agencies and schools in
working with community members and parents to develop support
from communities and parents for educational technology
programs and projects.
``(3) Information and resource dissemination.--Each
consortium receiving a grant under this section shall, to the
extent practicable--
``(A) assist State and local educational agencies in the
identification and procurement of financial, technological
and human resources needed to implement technology plans;
``(B) provide outreach and, at the request of a State or
local educational agency, work with such agency to assist in
the development and validation of instructionally based
technology education resources; and
``(C) coordinate activities and establish partnerships with
organizations and institutions of higher education that
represent the interests of the region as such interests
pertain to the application of technology in teaching,
learning, instructional management, dissemination, collection
and distribution of educational statistics, and the transfer
of student information.
``(4) Coordination.--Each consortium receiving a grant
under this section shall work collaboratively, and coordinate
the services the consortium provides, with appropriate
regional and other entities assisted in whole or in part by
the Department.
``(c) Reports on Current Grantees.--Not later than 3 months
after the date of enactment of this title, entities receiving
grants under section 3141 of this Act (as such section
existed 1 day prior to the date of enactment of this title)
shall prepare and submit to the Secretary a report concerning
activities undertaken with amounts received under such
grants.''.
PART B--WOMEN'S EDUCATIONAL EQUITY; STAR SCHOOLS
SEC. 521. WOMEN'S EDUCATIONAL EQUITY.
(a) Amendments.--Part B of title V (20 U.S.C. 7231 et seq.)
is amended--
(1) by amending section 5201 (20 U.S.C. 7231) to read as
follows:
``SEC. 5201. SHORT TITLE.
``This part may be cited as the `Women's Educational Equity
Act of 1999'.'';
(2) in section 5202(3) (20 U.S.C. 7232(3))--
(A) strike ``sex,'' and insert ``sex and''; and
(B) by inserting ``socioeconomic status,'' after
``disability,'';
(3) in section 5203(b) (20 U.S.C. 7233(b))--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``years, to'' and inserting ``years'';
(ii) in subparagraph (A), by striking ``provide grants'';
and
(iii) in subparagraph (B), by striking ``provide funds'';
and
(B) in paragraph (2)(A)--
(i) in clause (v), by striking ``and on race'' and
inserting ``and race'';
(ii) in clause (xiii)(I), by striking ``institution'' and
inserting ``institutional'';
(iii) in clause (xiii)(II)--
(I) by striking ``of equity'' and inserting ``of gender
equity''; and
(II) by striking ``education;'' and inserting
``education,''; and
(iv) in clause (xiii)(III), by striking the period and
inserting ``for women and girls; and''; and
(C) in paragraph (2)(B)(viii), by striking ``and
unemployed'' and inserting ``women, unemployed'';
(4) in section 5204 (20 U.S.C. 7234)--
(A) by striking the matter preceding paragraph (1) and
inserting the following:
``Each entity desiring assistance under this part shall
submit to the Secretary an application at such time, in such
manner, and accompanied by such information as the Secretary
may require. Each application shall--'';
(B) in paragraph (2), by striking ``the National Education
Goals'' and inserting ``America's Education Goals'';
(C) by striking paragraph (4); and
(D) by redesignating paragraphs (5) through (7) as
paragraphs (4) through (6), respectively;
(5) in section 5205 (20 U.S.C. 7235)--
(A) in subsection (a)--
(i) by striking ``Criteria and Priorities.--'' and all that
follows through ``The'' in paragraph (1) and inserting the
following: ``Criteria and Priorities.--The''; and
(ii) in paragraph (2)--
(I) by redesignating such paragraph as subsection (b), and
realigning the margin accordingly; and
(II) by redesignating subparagraphs (A) through (D) as
paragraphs (1) through (4), respectively, and realigning the
margins accordingly;
(B) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively;
(C) in subsection (c) (as so redesignated)--
(i) in the matter preceding paragraph (1), by striking
``special consideration'' and inserting ``priority''; and
(ii) by amending paragraph (3)(E) to read as follows:
``(E) address the educational needs of women and girls who
suffer multiple forms of discrimination on the basis of sex
and on race, ethnic origin, limited English proficiency,
disability, socioeconomic status, or age.''; and
(D) in subsection (e)(1) (as so redesignated), by striking
``by the Office'' and inserting ``by such Office'';
(6) in section 5206 (20 U.S.C. 7236), by striking ``1999''
and inserting ``2004'';
(7) in section 5207 (20 U.S.C. 7237), by striking
subsection (a) and inserting the following:
``(a) Evaluation and Dissemination.--The Secretary shall--
``(1) evaluate in accordance with section 10201, materials
and programs developed under this part;
``(2) disseminate materials and programs developed under
this part; and
``(3) report to the Congress regarding such evaluation
materials and programs not later than January 1, 2004.''; and
(8) in section 5208 (20 U.S.C. 7238)--
(A) by striking ``1995'' and inserting ``2001''; and
(B) by striking ``, of which'' and all that follows through
``section 5203(b)(1)''.
(b) Transfer and Redesignation.--Part B of title V (20
U.S.C. 7201 et seq.), as amended by subsection (a), is
transferred so as to appear after part D of title V (as
transferred by section 541(b)) and redesignated as part E.
(c) Redesignation of Sections.--Sections 5201 through 5208
(20 U.S.C. 7231-7238) are redesignated as section 5501
through 5508, respectively.
(d) Conforming Amendments.--Part E of title V (as so
redesignated) is amended--
(1) in section 5504 (as so redesignated), by striking
``5203(b)(1)'' each place that such appears and inserting
``5503(b)(1)'';
(2) in section 5505(a) (as so redesignated), by striking
``5203(b)'' and inserting ``5503(b)''; and
(3) in section 5508 (as so redesignated), by striking
``5203(b)(1)'' and inserting ``5503(b)(1)''.
SEC. 522. STAR SCHOOLS.
Title V (20 U.S.C. 7231 et seq.) is amended by inserting
after part A (as amended by section 511) the following:
``PART B--STAR SCHOOLS PROGRAM
``SEC. 5201. SHORT TITLE.
``This part may be cited as the `Star Schools Act'.
``SEC. 5202. PURPOSE.
``It is the purpose of this part to encourage improved
instruction in mathematics, science, and foreign languages
and challenging and advanced courses as well as other
subjects, such as literacy skills and vocational education,
and to serve underserved populations, including the
disadvantaged, illiterate, limited-English proficient, and
individuals with disabilities, through a star schools program
under which grants are made to eligible telecommunication
partnerships to enable such partnerships to--
``(1) develop, construct, acquire, maintain and operate
telecommunications facilities and equipment;
``(2) develop and acquire educational and instructional
programming; and
``(3) obtain technical assistance for the use of such
facilities and instructional programming.
[[Page S3095]]
``SEC. 5203. GRANTS AUTHORIZED.
``(a) Authority.--The Secretary, through the Office of
Educational Technology, is authorized to make grants, in
accordance with the provisions of this part, to eligible
entities to pay the Federal share of the cost of--
``(1) the development, construction, acquisition,
maintenance and operation of telecommunications facilities
and equipment;
``(2) the development and acquisition of interactive
instructional programming;
``(3) the development and acquisition of preservice and
inservice teacher training programs based on established
research regarding teacher-to-teacher mentoring, effective
skill transfer, and ongoing, in-class instruction;
``(4) the establishment of web-based resources or
teleconferencing facilities and resources for making
interactive training available to teachers;
``(5) obtaining technical assistance; and
``(6) the coordination of the design and connectivity of
broadband and other telecommunications networks to reach the
greatest number of schools.
``(b) Duration.--
``(1) In general.--The Secretary shall award grants
pursuant to subsection (a) for a period of 5 years.
``(2) Renewal.--Grants awarded pursuant to subsection (a)
may be renewed for 1 additional 3-year period.
``(c) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$50,000,000 for fiscal year 2001, and such sums as may be
necessary for each of the four succeeding fiscal years, to
carry out this part.
``(2) Availability.--Funds appropriated pursuant to the
authority of subsection (a) shall remain available until
expended.
``(d) Limitations.--
``(1) In general.--A grant under this section shall not
exceed--
``(A) five years in duration; and
``(B) $10,000,000 in any 1 fiscal year.
``(2) Instructional programming.--Not less than 25 percent
of the funds available to the Secretary in any fiscal year
under this part shall be used for the cost of instructional
programming.
``(3) Special rule.--Not less than 50 percent of the funds
available in any fiscal year under this part shall be used
for the cost of facilities, equipment, teacher training or
retraining, technical assistance, or programming, for local
educational agencies which are eligible to receive assistance
under part A of title I.
``(e) Federal Share.--
``(1) In general.--The Federal share of the cost of
projects funded under this section shall not exceed--
``(A) 75 percent for the first and second years for which
an eligible telecommunications partnership receives a grant
under this part;
``(B) 60 percent for the third and fourth such years; and
``(C) 50 percent for the fifth such year.
``(2) Reduction or waiver.--The Secretary may reduce or
waive the requirement of the non-Federal share under
paragraph (1) upon a showing of financial hardship.
``(f) Authority To Accept Funds From Other Agencies.--The
Secretary is authorized to accept funds from other Federal
departments or agencies to carry out the purposes of this
section, including funds for the purchase of equipment.
``(g) Coordination.--The Department, the National Science
Foundation, the Department of Agriculture, the Department of
Commerce, and any other Federal department or agency
operating a telecommunications network for educational
purposes, shall coordinate the activities assisted under this
part with the activities of such department or agency
relating to a telecommunications network for educational
purposes.
``(h) Closed Captioning and Descriptive Video.--Each entity
receiving funds under this part is encouraged to provide--
``(1) closed captioning of the verbal content of such
program, where appropriate, to be broadcast by way of line 21
of the vertical blanking interval, or by way of comparable
successor technologies; and
``(2) descriptive video of the visual content of such
program, as appropriate.
``(i) Advanced Placement Instruction.--Each eligible entity
receiving funds under this part is encouraged to deliver
advanced placement instruction to underserved communities.
``SEC. 5204. ELIGIBLE ENTITIES.
``(a) Eligible Entities.--
``(1) Required participation.--The Secretary may make a
grant under section 5203 to any eligible entity, if at least
1 local educational agency is participating in the proposed
project.
``(2) Eligible entity.--For the purpose of this part, the
term `eligible entity' may include--
``(A) a public agency or corporation established for the
purpose of developing and operating telecommunications
networks to enhance educational opportunities provided by
educational institutions, teacher training centers, and other
entities, except that any such agency or corporation shall
represent the interests of elementary and secondary schools
that are eligible to participate in the program under part A
of title I; or
``(B) a partnership that will provide telecommunications
services and which includes 3 or more of the following
entities, at least 1 of which shall be an agency described in
clause (i) or (ii):
``(i) a local educational agency that serves a significant
number of elementary and secondary schools that are eligible
for assistance under part A of title I, or elementary and
secondary schools operated or funded for Indian children by
the Department of the Interior eligible under section
1121(b)(2);
``(ii) a State educational agency;
``(iii) adult and family education programs;
``(iv) an institution of higher education or a State higher
education agency;
``(v) a teacher training center or academy that--
``(I) provides teacher pre-service and in-service training;
and
``(II) receives Federal financial assistance or has been
approved by a State agency;
``(vi)(I) a public or private entity with experience and
expertise in the planning and operation of a
telecommunications network, including entities involved in
telecommunications through the Internet, satellite, cable,
telephone, or computer; or
``(II) a public broadcasting entity with such experience;
or
``(vii) a public or private elementary or secondary school.
``(b) Special Rule.--An eligible entity receiving
assistance under this part shall be organized on a statewide
or multistate basis.
``SEC. 5205. APPLICATIONS.
``(a) Applications Required.--Each eligible entity which
desires to receive a grant under section 5203 shall submit an
application to the Secretary, at such time, in such manner,
and containing or accompanied by such information as the
Secretary may reasonably require.
``(b) Star School Award Applications.--Each application
submitted pursuant to subsection (a) shall--
``(1) describe how the proposed project will assist in
achieving America's Education Goals, how such project will
assist all students to have an opportunity to learn to
challenging State and local standards, how such project will
assist State and local educational reform efforts, and how
such project will contribute to creating a high quality
system of lifelong learning;
``(2) describe the telecommunications facilities and
equipment and technical assistance for which assistance is
sought, which may include--
``(A) the design, development, construction, acquisition,
maintenance and operation of State or multistate educational
telecommunications networks and technology resource centers;
``(B) microwave, fiber optics, cable, and satellite
transmission equipment or any combination thereof;
``(C) reception facilities and equipment;
``(D) satellite time and other transmissions;
``(E) production facilities and equipment;
``(F) other Internet education portals and
telecommunications equipment capable of serving a wide
geographic area;
``(G) the provision of training services to instructors who
will be using the facilities and equipment for which
assistance is sought, including training in using such
facilities and equipment and training in integrating programs
into the classroom curriculum; and
``(H) the development of educational and related
programming for use on a telecommunications network;
``(3) in the case of an application for assistance for
instructional programming, describe the types of programming
which will be developed to enhance instruction and training
and provide assurances that such programming will be designed
in consultation with professionals (including classroom
teachers) who are experts in the applicable subject matter
and grade level;
``(4) describe how the eligible entity has engaged in
sufficient survey and analysis of the area to be served to
ensure that the services offered by the eligible entity will
increase the availability of courses of instruction in
English, mathematics, science, foreign languages, arts,
history, geography, or other disciplines;
``(5) describe the professional development policies for
teachers and other school personnel to be implemented to
ensure the effective use of the telecommunications facilities
and equipment for which assistance is sought;
``(6) describe the manner in which historically underserved
students (such as students from low-income families, limited
English proficient students, students with disabilities, or
students who have low literacy skills) and their families,
will participate in the benefits of the telecommunications
facilities, equipment, technical assistance, and programming
assisted under this part;
``(7) describe how existing telecommunications equipment,
facilities, and services, where available, will be used;
``(8) provide assurances that the financial interest of the
United States in the telecommunications facilities and
equipment will be protected for the useful life of such
facilities and equipment;
``(9) provide assurances that a significant portion of any
facilities and equipment, technical assistance, and
programming for which assistance is sought for elementary and
secondary schools will be made available to schools or local
educational agencies that have a high number or percentage of
children eligible to be counted under part A of title I;
``(10) provide assurances that the applicant will use the
funds provided under this part to supplement and not supplant
funds otherwise available for the purposes of this part;
``(11) if any member of the consortia receives assistance
under subpart 3 of part A, describe how funds received under
this part will be coordinated with funds received for
educational technology in the classroom under such section;
``(12) describe the activities or services for which
assistance is sought, such as--
``(A) providing facilities, equipment, training services,
and technical assistance;
``(B) making programs accessible to students with
disabilities through mechanisms such as closed captioning and
descriptive video services;
``(C) linking networks around issues of national importance
(such as elections) or to provide information about
employment opportunities, job training, or student and other
social service programs;
[[Page S3096]]
``(D) sharing curriculum resources between networks and
development of program guides which demonstrate cooperative,
cross-network listing of programs for specific curriculum
areas;
``(E) providing teacher and student support services
including classroom and training support materials which
permit student and teacher involvement in the live
interactive distance learning telecasts;
``(F) incorporating community resources such as libraries
and museums into instructional programs;
``(G) providing professional development for teachers,
including, as appropriate, training to early childhood
development and Head Start teachers and staff and vocational
education teachers and staff, and adult and family educators;
``(H) providing programs for adults to maximize the use of
telecommunications facilities and equipment;
``(I) providing teacher training on proposed or established
voluntary national content standards in mathematics and
science and other disciplines as such standards are
developed; and
``(J) providing parent education programs during and after
the regular school day which reinforce a student's course of
study and actively involve parents in the learning process;
``(13) describe how the proposed project as a whole will be
financed and how arrangements for future financing will be
developed before the project expires;
``(14) provide an assurance that a significant portion of
any facilities, equipment, technical assistance, and
programming for which assistance is sought for elementary and
secondary schools will be made available to schools in local
educational agencies that have a high percentage of children
counted for the purpose of part A of title I;
``(15) provide an assurance that the applicant will provide
such information and cooperate in any evaluation that the
Secretary may conduct under this part; and
``(16) include such additional assurances as the Secretary
may reasonably require.
``(c) Priorities.--The Secretary, in approving applications
for grants authorized under section 5203, shall give priority
to applications describing projects that--
``(1) propose high-quality plans to assist in achieving 1
or more of America's Education Goals, will provide
instruction consistent with State content standards, or will
otherwise provide significant and specific assistance to
States and local educational agencies undertaking systemic
education reform;
``(2) will provide services to programs serving adults,
especially parents, with low levels of literacy;
``(3) will serve schools with significant numbers of
children counted for the purposes of part A of title I;
``(4) ensure that the eligible entity will--
``(A) serve the broadest range of institutions, programs
providing instruction outside of the school setting, programs
serving adults, especially parents, with low levels of
literacy, institutions of higher education, teacher training
centers, research institutes, and private industry;
``(B) have substantial academic and teaching capabilities,
including the capability of training, retraining, and
inservice upgrading of teaching skills and the capability to
provide professional development;
``(C) provide a comprehensive range of courses for
educators to teach instructional strategies for students with
different skill levels;
``(D) provide training to participating educators in ways
to integrate telecommunications courses into existing school
curriculum;
``(E) provide instruction for students, teachers, and
parents;
``(F) serve a multistate area; and
``(G) give priority to the provision of equipment and
linkages to isolated areas; and
``(5) involve a telecommunications entity (such as a
satellite, cable, telephone, computer, or public or private
television stations) participating in the eligible entity and
donating equipment or in-kind services for telecommunications
linkages.
``(d) Geographic Distribution.--In approving applications
for grants authorized under section 5203, the Secretary
shall, to the extent feasible, ensure an equitable geographic
distribution of services provided under this part.
``SEC. 5206. DEFINITIONS.
``In this part:
``(1) Educational institution.--The term `educational
institution' means an institution of higher education, a
local educational agency, or a State educational agency.
``(2) Instructional programming.--The term `instructional
programming' means courses of instruction and training
courses for elementary and secondary students, teachers, and
others, and materials for use in such instruction and
training that have been prepared in audio and visual form on
either analog or digital format and are presented by means of
telecommunications devices.
``(3) Term public broadcasting entity.--The term `public
broadcasting entity' has the same meaning given such term in
section 397 of the Communications Act of 1934.
``SEC. 5207. ADMINISTRATIVE PROVISIONS.
``(a) Continuing Eligibility.--
``(1) In general.--In order to be eligible to receive a
grant under section 5203 for a second 3-year grant period an
eligible entity shall demonstrate in the application
submitted pursuant to section 5205 that such partnership
shall--
``(A) continue to provide services in the subject areas and
geographic areas assisted with funds received under this part
for the previous 5-year grant period; and
``(B) use all grant funds received under this part for the
second 3-year grant period to provide expanded services by--
``(i) increasing the number of students, schools or school
districts served by the courses of instruction assisted under
this part in the previous fiscal year;
``(ii) providing new courses of instruction; and
``(iii) serving new populations of underserved individuals,
such as children or adults who are disadvantaged, have
limited-English proficiency, are individuals with
disabilities, are illiterate, or lack secondary school
diplomas or their recognized equivalent.
``(2) Special rule.--Grant funds received pursuant to
paragraph (1) shall be used to supplement and not supplant
services provided by the grant recipient under this part in
the previous fiscal year.
``(b) Federal Activities.--The Secretary may assist grant
recipients under section 5203 in acquiring satellite time and
other transmissions technologies, where appropriate, as
economically as possible.
``SEC. 5208. OTHER ASSISTANCE.
``(a) Special Statewide Network.--
``(1) In general.--The Secretary, through the Office of
Educational Technology, may provide assistance to a statewide
fiber optics telecommunications network under this subsection
if such network--
``(A) provides 2-way full motion interactive video and
voice communications via Internet, cable and other
technologies;
``(B) links together public colleges and universities and
schools throughout the State; and
``(C) includes such additional assurances as the Secretary
may reasonably require.
``(2) State contribution.--A statewide telecommunications
network assisted under paragraph (1) shall contribute, either
directly or through private contributions, non-Federal funds
equal to not less than 50 percent of the cost of such
network.
``(b) Special Local Network.--
``(1) In general.--The Secretary may provide assistance, on
a competitive basis, to a local educational agency or
consortium thereof to enable such agency or consortium to
establish a high technology demonstration program.
``(2) Program requirements.--A high technology
demonstration program assisted under paragraph (1) shall--
``(A) include 2-way full motion interactive video, data and
voice communications;
``(B) link together elementary and secondary schools,
colleges, and universities;
``(C) provide parent participation and family programs;
``(D) include a staff development program; and
``(E) have a significant contribution and participation
from business and industry.
``(3) Special rule.--Each high technology demonstration
program assisted under paragraph (1) shall be of sufficient
size and scope to have an effect on meeting America's
Education Goals.
``(4) Matching requirement.--A local educational agency or
consortium receiving a grant under paragraph (1) shall
provide, either directly or through private contributions,
non-Federal matching funds equal to not less than 50 percent
of the amount of the grant.
``(c) Telecommunications Programs for Continuing
Education.--
``(1) Authority.--The Secretary is authorized to award
grants, on a competitive basis, to eligible entities to
enable such partnerships to develop and operate 1 or more
programs which provide on-line access to educational
resources in support of continuing education and curriculum
requirements relevant to achieving a secondary school diploma
or its recognized equivalent. The program authorized by this
section shall be designed to advance adult literacy,
secondary school completion and the acquisition of specified
competency by the end of the 12th grade.
``(2) Application.--Each eligible entity desiring a grant
under this section shall submit an application to the
Secretary. Each such application shall--
``(A) demonstrate that the applicant will use publicly
funded or free public telecommunications infrastructure to
deliver video, voice and data in an integrated service to
support and assist in the acquisition of a secondary school
diploma or its recognized equivalent;
``(B) assure that the content of the materials to be
delivered is consistent with the accreditation requirements
of the State for which such materials are used;
``(C) incorporate, to the extent feasible, materials
developed in the Federal departments and agencies and under
appropriate federally funded projects and programs;
``(D) assure that the applicant has the technological and
substantive experience to carry out the program; and
``(E) contain such additional assurances as the Secretary
may reasonably require.''.
PART C--MAGNET SCHOOLS ASSISTANCE
SEC. 531. MAGNET SCHOOLS ASSISTANCE.
Part C of title V (20 U.S.C. 7261 et seq.) is amended to
read as follows:
``PART C--MAGNET SCHOOLS ASSISTANCE
``SEC. 5301. FINDINGS AND STATEMENT OF PURPOSE.
``(a) Findings.--Congress makes the following findings:
``(1) Magnet schools are a significant part of our Nation's
effort to achieve voluntary desegregation of our Nation's
schools.
``(2) It is in the national interest to continue the
Federal Government's support of school districts that are
implementing court-ordered desegregation plans and school
districts that are voluntarily seeking to foster meaningful
interaction among students of different racial and ethnic
backgrounds.
``(3) Desegregation can help ensure that all students have
equitable access to high-quality education that will prepare
them to function
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well in a technologically oriented and highly competitive
society comprised of people from many different racial and
ethnic backgrounds.
``(4) It is in the national interest to desegregate and
diversify those schools in our Nation that are racially,
economically, linguistically, or ethnically segregated. Such
segregation exists between minority and non-minority students
as well as among students of different minority groups.
``(b) 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 schools and secondary schools
with substantial proportions of minority students which shall
assist in the efforts of the United States to achieve
voluntary desegregation in public schools;
``(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 and local content
standards and challenging State and local student performance
standards;
``(3) the development and design of innovative educational
methods and practices;
``(4) courses of instruction within magnet schools that
will substantially strengthen the knowledge of academic
subjects and the grasp of tangible and marketable vocational,
technological and career skills of students attending such
schools;
``(5) improving the capacity of local educational agencies,
including through professional development, to continue
operating magnet schools at a high performance level after
Federal funding is terminated; and
``(6) ensuring that all students enrolled in the magnet
school program have equitable access to high quality
education that will enable the students to succeed
academically and continue with post secondary education or
productive employment.
``SEC. 5302. 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. 5303. DEFINITION.
``For the purpose of this part, the term `magnet school'
means a public elementary school or secondary school or a
public elementary or secondary education center that offers a
special curriculum capable of attracting substantial numbers
of students of different racial backgrounds.
``SEC. 5304. 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
schools and secondary schools of such agency; or
``(2) without having been required to do so, has adopted
and is implementing, or will, if assistance is made available
to such local educational agency or consortium of such
agencies under this part, adopt and implement a plan that has
been approved by the Secretary as adequate under title VI of
the Civil Rights Act of 1964 for the desegregation of
minority-group-segregated children or faculty in such
schools.
``SEC. 5305. 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 implement
services and activities that are consistent with other
programs under this Act, and other Acts, as appropriate, in
accordance with the provisions of section 6506; and
``(E) the criteria to be used in selecting students to
attend the proposed magnet school project; and
``(2) assurances that the applicant will--
``(A) use funds under this part for the purposes specified
in section 5301(b);
``(B) employ State certified or licensed teachers in the
courses of instruction assisted under this part to teach or
supervise others who are teaching the subject matter of the
courses of instruction;
``(C) not engage in discrimination based on race, religion,
color, national origin, sex, or disability in--
``(i) the hiring, promotion, or assignment of employees of
the agency or other personnel for whom the agency has any
administrative responsibility;
``(ii) the assignment of students to schools, or to courses
of instruction within the school, of such agency, except to
carry out the approved plan; and
``(iii) designing or operating extracurricular activities
for students;
``(D) carry out a high-quality education program that will
encourage greater parental decisionmaking and involvement;
and
``(E) give students residing in the local attendance area
of the proposed magnet school project equitable consideration
for placement in the project, consistent with desegregation
guidelines and the capacity of the project to accommodate
these students.
``(c) Special Rule.--No application may be approved under
this section unless the Assistant Secretary of Education for
Civil Rights determines that the assurances described in
subsection (b)(2)(C) will be met.
``SEC. 5306. PRIORITY.
``In approving applications under this part, the Secretary
shall give priority to applicants that--
``(1) demonstrate the greatest need for assistance, based
on the expense or difficulty of effectively carrying out an
approved desegregation plan and the projects for which
assistance is sought;
``(2) propose to carry out new magnet school projects, or
significantly revise existing magnet school projects;
``(3) propose to select students to attend magnet school
projects by methods such as lottery, rather than through
academic examination;
``(4) propose to implement innovative educational
approaches that are consistent with the State and local
content and student performance standards; and
``(5) propose activities, which may include professional
development, that will build local capacity to operate the
magnet school program once Federal assistance has terminated.
``SEC. 5307. 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 school and secondary school
teachers who are certified or licensed by the State, and
instructional staff where applicable, who are necessary for
the conduct of programs in magnet schools;
``(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;
``(5) to include professional development, which
professional development shall build the agency's or
consortium's capacity to operate the magnet school once
Federal assistance has terminated;
``(6) to enable the local educational agency or consortium
to have more flexibility in the administration of a magnet
school program in order to serve students attending a school
who are not enrolled in a magnet school program; and
``(7) to enable the local educational agency or consortium
to have flexibility in designing magnet schools for students
at all grades.
``(b) Special Rule.--Grant funds under this part may be
used in accordance with paragraphs (2) and (3) of subsection
(a) only if the activities described in such paragraphs are
directly related to improving the students' reading skills or
knowledge of mathematics, science, history, geography,
English, foreign languages, art, or music, or to improving
vocational, technological and career skills.
``SEC. 5308. PROHIBITION.
Grants under this part may not be used for transportation
or any activity that does not augment academic improvement.
``SEC. 5309. 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 (professional development
shall not be considered as planning for purposes of this
subsection) not more than 50 percent of the funds received
under this part for the first year of the project, 25 percent
of such funds for the second such year, and 15 percent of
such funds for the third such year.
``(c) Amount.--No local educational agency or consortium
awarded a grant under this part shall receive more than
$4,000,000 under this part in any one fiscal year.
``(d) Timing.--To the extent practicable, the Secretary
shall award grants for any fiscal year under this part not
later than June 1 of the applicable fiscal year.
``SEC. 5310. INNOVATIVE PROGRAMS.
``(a) In General.--From amounts reserved under subsection
(d) for each fiscal year, the
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Secretary shall award grants to local educational agencies or
consortia of such agencies described in section 5304 to
enable such agencies or consortia to conduct innovative
programs that--
``(1) involve innovative strategies other than magnet
schools, such as neighborhood or community model schools, to
support desegregation of schools and to reduce achievement
gaps;
``(2) assist in achieving systemic reforms and providing
all students the opportunity to meet challenging State and
local content standards and challenging State and local
student performance standards; and
``(3) include innovative educational methods and practices
that--
``(A) are organized around a special emphasis, theme, or
concept; and
``(B) involve extensive parent and community involvement.
``(b) Applicability.--Sections 5301(b), 5302, 5305, 5306,
and 5307, shall not apply to grants awarded under subsection
(a).
``(c) Applications.--Each local educational agency or
consortia of such agencies desiring a grant under this
section shall submit an application to the Secretary at such
time, in such manner, and containing such information and
assurances as the Secretary may reasonably require.
``(d) Innovative Programs.--The Secretary shall reserve not
more than 5 percent of the funds appropriated under section
5312(a) for each fiscal year to award grants under this
section.
``SEC. 5311. EVALUATIONS.
``(a) Reservation.--The Secretary may reserve not more than
two percent of the funds appropriated under section 5312(a)
for any fiscal year to carry out evaluations of projects
assisted under this part and to provide technical assistance
for grant recipients 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 schools and secondary schools with
substantial proportions of minority students;
``(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; and
``(5) the extent to which magnet school programs continue
once grant assistance under this part is terminated.
``(c) Dissemination.--The Secretary shall collect and
disseminate to the general public information on successful
magnet school programs.
``SEC. 5312. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
``(a) Authorization.--For the purpose of carrying out this
part, there are authorized to be appropriated $125,000,000
for fiscal year 2001 and such sums as may be necessary for
each of the 4 succeeding fiscal years.
``(b) Availability of Funds for Grants to Agencies Not
Previously Assisted.--In any fiscal year for which the amount
appropriated pursuant to subsection (a) exceeds $75,000,000,
the Secretary shall give priority to using such amounts in
excess of $75,000,000 to award grants to local educational
agencies or consortia of such agencies that did not receive a
grant under this part in the preceding fiscal year.''.
PART D--PUBLIC CHARTER SCHOOLS
SEC. 541. PUBLIC CHARTER SCHOOLS.
(a) Reauthorization.--Part C of title X (20 U.S.C. 8061 et
seq.) is amended--
(1) in section 10301 (20 U.S.C. 8061)--
(A) by striking subsection (a); and
(B) by striking ``(b) Purpose.--''; and
(2) in section 10311 (20 U.S.C. 8067), by striking
``$100,000,000 for fiscal year 1999'' and inserting
``$175,000,000 for fiscal year 2001''.
(b) Transfer, Redesignation, Conforming Amendments.--Part C
of title X (20 U.S.C. 8061 et seq.) is amended--
(1) by transferring such part so as to appear after part C
of title V;
(2) by redesignating such part as part D;
(3) by redesignating sections 10301 through 10311 as
sections 5401 through 5411, respectively;
(4) in section 5402 (as so redesignated)--
(A) in subsections (a) and (b), by striking ``10303'' each
place that such appears and inserting ``5403'';
(B) in subsection (c)(1)(C), by striking ``10304'' and
inserting ``5404''; and
(C) in subsection (e)(1), by striking ``10311'' each place
that such appears and inserting ``5411'';
(5) in section 5403 (as so redesignated)--
(A) in subsections (b)(3)(M) and (c), by striking ``10302''
each place that such appears and inserting ``5402''; and
(B) in subsection (d)(2)(B), by striking ``10304'' and
inserting ``5404'';
(6) in section 5404 (as so redesignated)--
(A) in the matter preceding paragraph (1) of subsections
(a) and (b), by striking ``10303'' each place that such
appears and inserting ``5403'';
(B) in subsections (a)(7) and (b)(7), by striking ``10302''
each place that such appears and inserting ``5402''; and
(C) in the matter preceding paragraph (1) of subsection
(e), by striking ``10310'' and inserting ``5410''; and
(7) in section 5405(a)(4)(B) (as so redesignated), by
striking ``10303'' and inserting ``5403''.
PART E--CIVIC EDUCATION; FIE; ELLENDER FELLOWSHIPS; READY-TO-LEARN
TELEVISION; INEXPENSIVE BOOK DISTRIBUTION
SEC. 551. CIVIC EDUCATION; FIE; ELLENDER FELLOWSHIPS; READY-
TO-LEARN TELEVISION; INEXPENSIVE BOOK
DISTRIBUTION.
Title V (20 U.S.C. 7201 et seq.) is amended by adding at
the end the following:
``PART F--CIVIC EDUCATION
``SEC. 5601. SHORT TITLE.
``This part may be cited as the `Education for Democracy
Act'.
``SEC. 5602. THE STUDY OF THE DECLARATION OF INDEPENDENCE,
UNITED STATES CONSTITUTION, AND THE FEDERALIST
PAPERS.
``It is the sense of Congress that--
``(1) State and local governments and local educational
agencies are encouraged to dedicate at least 1 day of
learning to the study and understanding of the significance
of the Declaration of Independence, the United States
Constitution, and the Federalist Papers; and
``(2) State and local governments and local educational
agencies are encouraged to include a requirement that, before
receiving a certificate or diploma of graduation from
secondary school, students be tested on their competency in
understanding the Declaration of Independence, the United
States Constitution, and the Federalist Papers.
``SEC. 5603. PURPOSE.
``It is the purpose of this part--
``(1) to improve the quality of civics and government
education, and to enhance the attainment of the third and
sixth America's Education Goals, by educating students about
the history and principles of the Constitution of the United
States, including the Bill of Rights;
``(2) to foster civic competence and responsibility; and
``(3) to improve the quality of civic education and
economic education through cooperative civic education and
economic education exchange programs with other democratic
nations.
``SEC. 5604. GENERAL AUTHORITY.
``The Secretary is authorized to award grants to or enter
into contracts with the Center for Civic Education, the
National Council on Economic Education, or other nonprofit
educational organizations to carry out this part.
``SEC. 5605. WE THE PEOPLE PROGRAM.
``(a) The Citizen and the Constitution.--
``(1) Education activities.--The Secretary shall award a
grant or enter into a contract for the Citizen and the
Constitution program that--
``(A) shall continue and expand the educational activities
of the `We the People . . . The Citizen and the Constitution'
program administered by the Center for Civic Education; and
``(B) shall enhance student attainment of challenging
content standards in civics and government.
``(2) Program content.--The education program authorized by
this section shall provide--
``(A) a course of instruction on the basic principles of
our Nation's constitutional democracy and the history of the
Constitution of the United States and the Bill of Rights;
``(B) at the request of a participating school, school and
community simulated congressional hearings following the
course of study;
``(C) an annual national competition of simulated
congressional hearings for secondary school students who wish
to participate in such a program;
``(D) advanced training of teachers about the Constitution
of the United States and the political system the United
States created;
``(E) materials and methods of instruction, including
teacher training, that utilize the latest advancements in
educational technology; and
``(F) civic education materials and services such as
service learning to address specific problems such as the
prevention of school violence and the abuse of drugs and
alcohol.
``(3) Availability of program.--The education program
authorized under this subsection shall be made available to
public and private elementary schools and secondary schools,
including Bureau funded schools, in the 435 congressional
districts, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
``(b) Project Citizen.--
``(1) Educational activities.--The Secretary shall award a
grant or enter into a contract for the Project Citizen
program that--
``(A) shall continue and expand the educational activities
of the `We the People . . . Project Citizen' program
administered by the Center for Civic Education; and
``(B) shall enhance student attainment of challenging
content standards in civics and government.
``(2) Program content.--The education program authorized by
this subsection shall provide--
``(A) a course of instruction at the middle school level on
the roles of State and local governments in the Federal
system established by the Constitution of the United States;
``(B) optional school and community simulated State
legislative hearings;
``(C) an annual national showcase or competition;
``(D) advanced training of teachers on the roles of State
and local governments in the Federal system established by
the Constitution;
``(E) materials and methods of instruction, including
teacher training, that utilize the latest advancements in
educational technology; and
``(F) civic education materials and services to address
specific problems such as the prevention of school violence
and the abuse of drugs and alcohol.
``(3) Availability of program.--The education program
authorized under this subsection shall be made available to
public and private
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middle schools, including Bureau funded schools, in the 50
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
``(c) Definition of Bureau Funded School.--In this section
the term `Bureau funded school' has the meaning given the
term in section 1146 of the Education Amendments of 1978.
``SEC. 5606. CIVIC EDUCATION AND ECONOMIC EDUCATION EXCHANGE
PROGRAMS.
``(a) Cooperative Education Exchange Programs.--The
Secretary, in consultation with the Secretary of State, shall
carry out Cooperative Education Exchange programs in
accordance with this section.
``(b) Purpose.--The purpose of the programs provided under
this section shall be to--
``(1) make available to educators from eligible countries
exemplary curriculum and teacher training programs in civics
and government education, and economics education, developed
in the United States;
``(2) assist eligible countries in the adaptation,
implementation, and institutionalization of such programs;
``(3) create and implement civics and government education,
and economic education, programs for United States students
that draw upon the experiences of the participating eligible
countries;
``(4) provide a means for the exchange of ideas and
experiences in civics and government education and economic
education, among political, educational, governmental, and
private sector leaders of participating eligible countries;
and
``(5) provide support for--
``(A) research and evaluation to determine the effects of
educational programs on students' development of the
knowledge, skills, and traits of character essential for the
preservation and improvement of constitutional democracy; and
``(B) effective participation in and the preservation and
improvement of an efficient market economy.
``(c) Avoidance of Duplication.--The Secretary shall
consult with the Secretary of State to ensure that activities
under this section are not duplicative of other efforts in
the eligible countries and that partner institutions in the
eligible countries are creditable.
``(d) Activities.--The Cooperative Education Exchange
programs shall--
``(1) provide eligible countries with--
``(A) seminars on the basic principles of United States
constitutional democracy and economics, including seminars on
the major governmental and economic institutions and systems
in the United States, and visits to such institutions;
``(B) visits to school systems, institutions of higher
education, and nonprofit organizations conducting exemplary
programs in civics and government education, and economic
education, in the United States;
``(C) translations and adaptations regarding United States
civic and government education, and economic education,
curricular programs for students and teachers, and in the
case of training programs for teachers translations and
adaptations into forms useful in schools in eligible
countries, and joint research projects in such areas;
``(D) research and evaluation assistance to determine--
``(i) the effects of the Cooperative Education Exchange
programs on students' development of the knowledge, skills,
and traits of character essential for the preservation and
improvement of constitutional democracy; and
``(ii) effective participation in and the preservation and
improvement of an efficient market economy;
``(2) provide United States participants with--
``(A) seminars on the histories, economies, and systems of
government of eligible countries;
``(B) visits to school systems, institutions of higher
education, and organizations conducting exemplary programs in
civics and government education, and economic education,
located in eligible countries;
``(C) assistance from educators and scholars in eligible
countries in the development of curricular materials on the
history, government, and economy of such countries that are
useful in United States classrooms;
``(D) opportunities to provide onsite demonstrations of
United States curricula and pedagogy for educational leaders
in eligible countries; and
``(E) research and evaluation assistance to determine--
``(i) the effects of the Cooperative Education Exchange
programs on students' development of the knowledge, skills,
and traits of character essential for the preservation and
improvement of constitutional democracy; and
``(ii) effective participation in and improvement of an
efficient market economy; and
``(3) assist participants from eligible countries and the
United States to participate in international conferences on
civics and government education, and economic education, for
educational leaders, teacher trainers, scholars in related
disciplines, and educational policymakers.
``(e) Participants.--The primary participants in the
Cooperative Education Exchange programs assisted under this
section shall be educational leaders in the areas of civics
and government education, and economic education, including
curriculum and teacher training specialists, scholars in
relevant disciplines, and educational policymakers, and
government and private sector leaders from the United States
and eligible countries.
``(f) Definition.--For the purpose of this section, the
term `eligible country' means a country with a democratic
form of government that--
``(1) is a Central European country, an Eastern European
country, Lithuania, Latvia, Estonia, Georgia, or one of the
independent states of the former Soviet Union as defined in
section 3 of the FREEDOM Support Act (22 U.S.C. 5801); and
``(2) may include the Republic of Ireland, the province of
Northern Ireland in the United Kingdom, and any developing
country as defined in section 209(d) of the Education for the
Deaf Act.
``SEC. 5607. AUTHORIZATION OF APPROPRIATIONS.
``(a) Section 5605.--There are authorized to be
appropriated to carry out section 5605, $10,000,000 for
fiscal year 2001 and such sums as may be necessary for each
of the 4 succeeding fiscal years.
``(b) Section 5606.--There are authorized to be
appropriated to carry out section 5606, $10,000,000 for
fiscal year 2001 and such sums as may be necessary for each
of the 4 succeeding fiscal years.
``PART G--FUND FOR THE IMPROVEMENT OF EDUCATION
``SEC. 5701. FUND FOR THE IMPROVEMENT OF EDUCATION.
``(a) Fund Authorized.--From funds appropriated under
subsection (d), the Secretary is authorized to support
nationally significant programs and projects to improve the
quality of elementary and secondary education. The Secretary
is authorized to carry out such programs and projects
directly or through grants to, or contracts with, State and
local educational agencies, institutions of higher education,
and other public and private agencies, organizations, and
institutions.
``(b) Uses of Funds.--Funds under this section may be used
for--
``(1) programs under section 5702;
``(2) programs under section 5703;
``(3) programs under section 5704;
``(4) programs under section 5705;
``(5) programs under section 5706;
``(6) the identification and recognition of exemplary
schools and programs, such as Blue Ribbon Schools; and
``(7) the development and evaluation of model strategies
for professional development for teachers and administrators.
``(c) Awards.--
``(1) In general.--The Secretary may make awards under this
section on the basis of competitions announced by the
Secretary.
``(2) Special rule.--The Secretary shall ensure that
programs, projects, and activities supported under this
section are designed so that the effectiveness of such
programs, projects, and activities is readily ascertainable.
``(3) Peer review.--The Secretary shall use a peer review
process in reviewing applications for assistance under this
section and may use funds appropriated under subsection (d)
for the cost of such peer review.
``(d) Authorization.--For the purpose of carrying out this
section, there are authorized to be appropriated $100,000,000
for fiscal year 2001 and such sums as may be necessary for
each of the 4 succeeding fiscal years.
``SEC. 5702. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM.
``(a) Program Authorized.--
``(1) In general.--The Secretary is authorized to award
grants to eligible entities for the design and implementation
of character education programs that incorporate the elements
of character described in subsection (d), as well as other
character elements identified by the eligible entities.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State educational agency in partnership with 1 or
more local educational agencies;
``(B) a State educational agency in partnership with--
``(i) 1 or more local educational agencies; and
``(ii) 1 or more nonprofit organizations or entities,
including institutions of higher education;
``(C) a local educational agency or consortium of local
educational agencies; or
``(D) a local educational agency in partnership with
another nonprofit organization or entity, including
institutions of higher education.
``(3) Duration.--Each grant under this section shall be
awarded for a period not to exceed 3 years, of which the
eligible entity shall not use more than 1 year for planning
and program design.
``(b) Applications.--
``(1) Requirement.--Each eligible entity desiring a grant
under this section shall submit an application to the
Secretary at such time and in such manner as the Secretary
may require.
``(2) Contents of application.--Each application submitted
under this section shall include--
``(A) a description of any partnerships or collaborative
efforts among the organizations and entities of the eligible
entity;
``(B) a description of the goals and objectives of the
program proposed by the eligible entity;
``(C) a description of activities that will be pursued and
how those activities will contribute to meeting the goals and
objectives described in subparagraph (B), including--
``(i) how parents, students, and other members of the
community, including members of private and nonprofit
organizations, will be involved in the design and
implementation of the program and how the eligible entity
will work with the larger community to increase the reach and
promise of the program;
``(ii) curriculum and instructional practices that will be
used or developed;
``(iii) methods of teacher training and parent education
that will be used or developed; and
``(iv) how the program will be linked to other efforts in
the schools to improve student performance;
``(D) in the case of an eligible entity that is a State
educational agency--
``(i) a description of how the State educational agency
will provide technical and professional assistance to its
local educational
[[Page S3100]]
agency partners in the development and implementation of
character education programs; and
``(ii) a description of how the State educational agency
will assist other interested local educational agencies that
are not members of the original partnership in designing and
establishing character education programs;
``(E) a description of how the eligible entity will
evaluate the success of its program--
``(i) based on the goals and objectives described in
subparagraph (B); and
``(ii) in cooperation with the national evaluation
conducted pursuant to subsection (c)(2)(B)(iii);
``(F) an assurance that the eligible entity annually will
provide to the Secretary such information as may be required
to determine the effectiveness of the program; and
``(G) any other information that the Secretary may require.
``(c) Evaluation and Program Development.--
``(1) Evaluation and reporting.--
``(A) State and local reporting and evaluation.--Each
eligible entity receiving a grant under this section shall
submit to the Secretary a comprehensive evaluation of the
program assisted under this section, including the impact on
students, teachers, administrators, parents, and others--
``(i) by the second year of the program; and
``(ii) not later than 1 year after completion of the grant
period.
``(B) Contracts for evaluation.--Each eligible entity
receiving a grant under this section may contract with
outside sources, including institutions of higher education,
and private and nonprofit organizations, for purposes of
evaluating its program and measuring the success of the
program toward fostering in students the elements of
character described in subsection (d).
``(2) National research, dissemination, and evaluation.--
``(A) In general.--The Secretary is authorized to make
grants to, or enter into contracts or cooperative agreements
with, State or local educational agencies, institutions of
higher education, tribal organizations, or other public or
private agencies or organizations to carry out research,
development, dissemination, technical assistance, and
evaluation activities that support or inform State and local
character education programs. The Secretary shall reserve not
more than 5 percent of the funds made available under this
section to carry out this paragraph.
``(B) Uses.--Funds made available under subparagraph (A)
may be used--
``(i) to conduct research and development activities that
focus on matters such as--
``(I) the effectiveness of instructional models for all
students;
``(II) materials and curricula that can be used by programs
in character education;
``(III) models of professional development in character
education; and
``(IV) the development of measures of effectiveness for
character education programs which may include the factors
described in paragraph (3);
``(ii) to provide technical assistance to State and local
programs, particularly on matters of program evaluation;
``(iii) to conduct a national evaluation of State and local
programs receiving funding under this section; and
``(iv) to compile and disseminate, through various
approaches (such as a national clearinghouse)--
``(I) information on model character education programs;
``(II) character education materials and curricula;
``(III) research findings in the area of character
education and character development; and
``(IV) any other information that will be useful to
character education program participants, educators, parents,
administrators, and others nationwide.
``(C) Priority.--In carrying out national activities under
this paragraph related to development, dissemination, and
technical assistance, the Secretary shall seek to enter into
partnerships with national, nonprofit character education
organizations with expertise and successful experience in
implementing local character education programs that have had
an effective impact on schools, students, including students
with disabilities, and teachers.
``(3) Factors.--Factors which may be considered in
evaluating the success of programs funded under this section
may include--
``(A) discipline issues;
``(B) student performance;
``(C) participation in extracurricular activities;
``(D) parental and community involvement;
``(E) faculty and administration involvement;
``(F) student and staff morale; and
``(G) overall improvements in school climate for all
students.
``(d) Elements of Character.--
``(1) In general.--Each eligible entity desiring funding
under this section shall develop character education programs
that incorporate the following elements of character:
``(A) Caring.
``(B) Civic virtue and citizenship.
``(C) Justice and fairness.
``(D) Respect.
``(E) Responsibility.
``(F) Trustworthiness.
``(G) Any other elements deemed appropriate by the members
of the eligible entity.
``(2) Additional elements of character.--An eligible entity
participating under this section may, after consultation with
schools and communities served by the eligible entity, define
additional elements of character that the eligible entity
determines to be important to the schools and communities
served by the eligible entity.
``(e) Use of Funds by State Educational Agency
Recipients.--Of the total funds received in any fiscal year
under this section by an eligible entity that is a State
educational agency--
``(1) not more than 10 percent of such funds may be used
for administrative purposes; and
``(2) the remainder of such funds may be used for--
``(A) collaborative initiatives with and between local
educational agencies and schools;
``(B) the preparation or purchase of materials, and teacher
training;
``(C) grants to local educational agencies or schools; and
``(D) technical assistance and evaluation.
``(f) Selection of Grantees.--
``(1) Criteria.--The Secretary shall select, through peer
review, eligible entities to receive grants under this
section on the basis of the quality of the applications
submitted under subsection (b), taking into consideration
such factors as--
``(A) the quality of the activities proposed to be
conducted;
``(B) the extent to which the program fosters in students
the elements of character described in subsection (d) and the
potential for improved student performance;
``(C) the extent and ongoing nature of parental, student,
and community involvement;
``(D) the quality of the plan for measuring and assessing
success; and
``(E) the likelihood that the goals of the program will be
realistically achieved.
``(2) Diversity of projects.--The Secretary shall approve
applications under this section in a manner that ensures, to
the extent practicable, that programs assisted under this
section--
``(A) serve different areas of the Nation, including urban,
suburban, and rural areas; and
``(B) serve schools that serve minorities, Native
Americans, students of limited-English proficiency,
disadvantaged students, and students with disabilities.
``(g) Participation by Private School Children and
Teachers.--Grantees under this section shall provide, to the
extent feasible and appropriate, for the participation of
students and teachers in private elementary and secondary
schools in programs and activities under this section.
``SEC. 5703. PROMOTING SCHOLAR-ATHLETE COMPETITIONS.
``(a) In General.--The Secretary is authorized to award a
grant to a nonprofit organization to reimburse such
organization for the costs of conducting scholar-athlete
games.
``(b) Priority.--In awarding the grant under subsection
(a), the Secretary shall give priority to a nonprofit
organization that--
``(1) is described in section 501(c)(3) of, and exempt from
taxation under section 501(a) of, the Internal Revenue Code
of 1986, and is affiliated with a university capable of
hosting a large educational, cultural, and athletic event
that will serve as a national model;
``(2) has the capability and experience in administering
federally funded scholar-athlete games;
``(3) has the ability to provide matching funds, on a
dollar-for-dollar basis, from foundations and the private
sector for the purpose of conducting a scholar-athlete
program;
``(4) has the organizational structure and capability to
administer a model scholar-athlete program; and
``(5) has the organizational structure and expertise to
replicate the scholar-athlete program in various venues
throughout the United States internationally.
``SEC. 5704. ELEMENTARY SCHOOL COUNSELING DEMONSTRATION.
``(a) Counseling Demonstration.--
``(1) In General.--The Secretary may award grants under
this section to establish or expand elementary school
counseling programs.
``(2) Priority.--In awarding grants under this section, the
Secretary shall give special consideration to applications
describing programs that--
``(A) demonstrate the greatest need for new or additional
counseling services among the children in the elementary
schools served by the applicant;
``(B) propose the most promising and innovative approaches
for initiating or expanding elementary school counseling; and
``(C) show the greatest potential for replication and
dissemination.
``(3) Equitable distribution.--In awarding grants under
this section, the Secretary shall ensure an equitable
geographic distribution among the regions of the United
States and among urban, suburban, and rural areas.
``(4) Duration.--A grant under this section shall be
awarded for a period not to exceed 3 years.
``(5) Maximum grant.--A grant under this section shall not
exceed $400,000 for any fiscal year.
``(b) Applications.--
``(1) In general.--Each local educational agency desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may reasonably require.
``(2) Contents.--Each application for a grant under this
section shall--
``(A) describe the elementary school population to be
targeted by the program, the particular personal, social,
emotional, educational, and career development needs of such
population, and the current school counseling resources
available for meeting such needs;
``(B) describe the activities, services, and training to be
provided by the program and the specific approaches to be
used to meet the needs described in subparagraph (A);
``(C) describe the methods to be used to evaluate the
outcomes and effectiveness of the program;
[[Page S3101]]
``(D) describe the collaborative efforts to be undertaken
with institutions of higher education, businesses, labor
organizations, community groups, social service agencies, and
other public or private entities to enhance the program and
promote school-linked services integration;
``(E) describe collaborative efforts with institutions of
higher education which specifically seek to enhance or
improve graduate programs specializing in the preparation of
elementary school counselors, school psychologists, and
school social workers;
``(F) document that the applicant has the personnel
qualified to develop, implement, and administer the program;
``(G) describe how any diverse cultural populations, if
applicable, would be served through the program;
``(H) assure that the funds made available under this
section for any fiscal year will be used to supplement and,
to the extent practicable, increase the level of funds that
would otherwise be available from non-Federal sources for the
program described in the application, and in no case supplant
such funds from non-Federal sources; and
``(I) assure that the applicant will appoint an advisory
board composed of parents, school counselors, school
psychologists, school social workers, other pupil services
personnel, teachers, school administrators, and community
leaders to advise the local educational agency on the design
and implementation of the program.
``(c) Use of Funds.--
``(1) In general.--Grant funds under this section shall be
used to initiate or expand elementary school counseling
programs that comply with the requirements in paragraph (2).
``(2) Program requirements.--Each program assisted under
this section shall--
``(A) be comprehensive in addressing the personal, social,
emotional, and educational needs of all students;
``(B) use a developmental, preventive approach to
counseling;
``(C) increase the range, availability, quantity, and
quality of counseling services in the elementary schools of
the local educational agency;
``(D) expand counseling services only through qualified
school counselors, school psychologists, and school social
workers;
``(E) use innovative approaches to increase children's
understanding of peer and family relationships, work and
self, decisionmaking, academic and career planning, or to
improve social functioning;
``(F) provide counseling services that are well-balanced
among classroom group and small group counseling, individual
counseling, and consultation with parents, teachers,
administrators, and other pupil services personnel;
``(G) include inservice training for school counselors,
school social workers, school psychologists, other pupil
services personnel, teachers, and instructional staff;
``(H) involve parents of participating students in the
design, implementation, and evaluation of a counseling
program;
``(I) involve collaborative efforts with institutions of
higher education, businesses, labor organizations, community
groups, social service agencies, or other public or private
entities to enhance the program and promote school-linked
services integration; and
``(J) evaluate annually the effectiveness and outcomes of
the counseling services and activities assisted under this
section.
``(3) Report.--The Secretary shall issue a report
evaluating the programs assisted pursuant to each grant under
this subsection at the end of each grant period in accordance
with section 10201.
``(4) Dissemination.--The Secretary shall make the programs
assisted under this section available for dissemination,
either through the National Diffusion Network or other
appropriate means.
``(5) Limit on administration.--Not more than five percent
of the amounts made available under this section in any
fiscal year shall be used for administrative costs to carry
out this section.
``(d) Definitions.--For purposes of this section:
``(1) School counselor.--The term `school counselor' means
an individual who has documented competence in counseling
children and adolescents in a school setting and who--
``(A) possesses State licensure or certification granted by
an independent professional regulatory authority;
``(B) in the absence of such State licensure or
certification, possesses national certification in school
counseling or a specialty of counseling granted by an
independent professional organization; or
``(C) holds a minimum of a master's degree in school
counseling from a program accredited by the Council for
Accreditation of Counseling and Related Educational Programs
or the equivalent.
``(2) School psychologist.--The term `school psychologist'
means an individual who--
``(A) possesses a minimum of 60 graduate semester hours in
school psychology from an institution of higher education and
has completed 1,200 clock hours in a supervised school
psychology internship, of which 600 hours shall be in the
school setting;
``(B) possesses State licensure or certification in school
psychology in the State in which the individual works; or
``(C) in the absence of such State licensure or
certification, possesses national certification by the
National School Psychology Certification Board.
``(3) School social worker.--The term `school social
worker' means an individual who--
``(A)(i) holds a master's degree in social work from a
program accredited by the Council on Social Work Education;
and
``(ii) is licensed or certified by the State in which
services are provided; or
``(B) in the absence of such State licensure or
certification, possesses national certification as a school
social work specialist granted by an independent professional
organization.
``(4) Supervisor.--The term `supervisor' means an
individual who has the equivalent number of years of
professional experience in such individual's respective
discipline as is required of teaching experience for the
supervisor or administrative credential in the State of such
individual.
``SEC. 5705. SMALLER LEARNING COMMUNITIES.
``(a) Program Authorized.--
``(1) In general.--The Secretary may award grants to
eligible entities to support the development of smaller
learning communities.
``(2) Eligible entities.--In this section, the term
`eligible entity' means--
``(A) a local educational agency;
``(B) an elementary or secondary school;
``(C) a Bureau funded school; or
``(D) any of the entities described in subparagraph (A),
(B), or (C) in partnership with other public agencies or
private nonprofit organizations.
``(b) Applications.--A 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 require. Each such
application shall describe--
``(1) strategies and methods the applicant will use to
create the smaller learning community;
``(2) curriculum and instructional practices, including any
particular themes or emphases, to be used in the learning
environment;
``(3) the extent of involvement of teachers and other
school personnel in investigating, designing, implementing
and sustaining the smaller learning community;
``(4) the process to be used for involving students,
parents and other stakeholders in the development and
implementation of the smaller learning community;
``(5) any cooperation or collaboration among community
agencies, organizations, businesses, and others to develop or
implement a plan to create the smaller learning community;
``(6) the training and professional development activities
that will be offered to teachers and others involved in the
activities assisted under this section;
``(7) the goals and objectives of the activities assisted
under this section, including a description of how such
activities will better enable all students to reach
challenging State content standards and State student
performance standards;
``(8) the methods by which the applicant will assess
progress in meeting such goals and objectives;
``(9) if the smaller learning community exists as a school-
within-a-school, the relationship, including governance and
administration, of the smaller learning community to the rest
of the school;
``(10) a description of the administrative and managerial
relationship between the applicant and the smaller learning
community, including how such applicant will demonstrate a
commitment to the continuity of the smaller learning
community, including the continuity of student and teacher
assignment to a particular learning community;
``(11) how the applicant will coordinate or use funds
provided under this section with other funds provided under
this Act or other Federal laws;
``(12) grade levels or ages of students who will
participate in the smaller learning community; and
``(13) the method of placing students in the smaller
learning community, such that students are not placed
according to ability, performance or any other measure, so
that students are placed at random or by their own choice,
not pursuant to testing or other judgments.
``(c) Authorized Activities.--Funds under this section may
be used--
``(1) to study the feasibility of creating the smaller
learning community as well as effective and innovative
organizational and instructional strategies that will be used
in the smaller learning community;
``(2) to research, develop and implement strategies for
creating the smaller learning community, as well as effective
and innovative changes in curriculum and instruction, geared
to high State content standards and State student performance
standards;
``(3) to provide professional development for school staff
in innovative teaching methods that challenge and engage
students and will be used in the smaller learning community;
and
``(4) to develop and implement strategies to include
parents, business representatives, local institutions of
higher education, community-based organizations, and other
community members in the smaller learning communities, as
facilitators of activities that enable teachers to
participate in professional development activities, as well
as to provide links between students and their community.
``(d) Evaluation and Report.--A recipient of a grant under
this section shall provide the Secretary with an annual
report that contains a description of--
``(1) the specific uses of grants funds received under this
section; and
``(2) evidence of the impact of the grant on student
performance and school safety.
``SEC. 5706. NATIONAL STUDENT AND PARENT MOCK ELECTION.
``(a) In General.--The Secretary is authorized to award
grants to national nonprofit, nonpartisan organizations that
work to promote
[[Page S3102]]
voter participation in American elections to enable such
organizations to carry out voter education activities for
students and their parents. Such activities shall--
``(1) be limited to simulated national elections that
permit participation by students and parents from all 50
States in the United States and territories, including
Department of Defense Dependent schools and other
international locales where United States citizens are based;
and
``(2) consist of--
``(A) school forums and local cable call-in shows on the
national issues to be voted upon in an ``issue forum'';
``(B) speeches and debates before students and parents by
local candidates or stand-ins for such candidates;
``(C) quiz team competitions, mock press conferences and
speechwriting competitions;
``(D) weekly meetings to follow the course of the campaign;
or
``(E) school and neighborhood campaigns to increase voter
turnout, including newsletters, posters, telephone chains,
and transportation.
``(b) Requirements.--Each organization receiving a grant
under this section shall--
``(1) present awards to outstanding student and parent mock
election projects; and
``(2) record all votes at least 5 days prior to the date of
the general election.
``PART H--ALLEN J. ELLENDER FELLOWSHIP PROGRAM
``SEC. 5801. PURPOSE.
``It is the purpose of this part to provide fellowships to
students of limited economic means, recent immigrants,
students of migrant parents, the teachers who work with such
students, and older Americans, so that such students,
teachers, and older Americans may participate in the programs
supported by the Close Up Foundation in the name of Allen J.
Ellender, a Senator from Louisiana and the President pro
tempore of the Senate, whose distinguished career in public
service was characterized by extraordinary energy and real
concern for young people.
``Subpart 1--Program for Middle and Secondary School Students
``SEC. 5811. ESTABLISHMENT.
``(a) General Authority.--The Secretary is authorized to
make grants in accordance with the provisions of this subpart
to the Close Up Foundation of Washington, District of
Columbia, a nonpartisan, nonprofit foundation, for the
purpose of assisting the Close Up Foundation in carrying out
its programs of increasing understanding of the Federal
Government among middle and secondary school students.
``(b) Use of Funds.--Grants under this subpart shall be
used only to provide financial assistance to economically
disadvantaged students who participate in the programs
described in subsection (a). Financial assistance received
pursuant to this subpart by such students shall be known as
Allen J. Ellender fellowships.
``SEC. 5812. APPLICATIONS.
``(a) Application Required.--No grant under this subpart
may be made except upon an application at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
``(b) Contents of Application.--Each such application shall
contain provisions to assure--
``(1) that fellowship grants are made to economically
disadvantaged middle and secondary school students;
``(2) that every effort will be made to ensure the
participation of students from rural and small town areas, as
well as from urban areas, and that in awarding fellowships to
economically disadvantaged students, special consideration
will be given to the participation of students with special
educational needs, including student with disabilities,
ethnic minority students, and gifted and talented students;
and
``(3) the proper disbursement of the funds received under
this subpart.
``Subpart 2--Program for Middle and Secondary School Teachers
``SEC. 5821. ESTABLISHMENT.
``(a) General Authority.--The Secretary is authorized to
make grants in accordance with the provisions of this subpart
to the Close Up Foundation of Washington, District of
Columbia, a nonpartisan, nonprofit foundation, for the
purpose of assisting the Close Up Foundation in carrying out
its programs of teaching skills enhancement for middle and
secondary school teachers.
``(b) Use of Funds.--Grants under this subpart shall be
used only for financial assistance to teachers who
participate in the programs described in subsection (a).
Financial assistance received pursuant to this subpart by
such individuals shall be known as Allen J. Ellender
fellowships.
``SEC. 5822. APPLICATIONS.
``(a) Application Required.--No grant under this subpart
may be made except upon an application at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
``(b) Contents of Application.--Each such application shall
contain provisions to assure--
``(1) that fellowship grants are made only to teachers who
have worked with at least one student from such teacher's
school who participates in the programs described in section
5811(a);
``(2) that not more than one teacher in each school
participating in the programs described in section 5811(a)
may receive a fellowship in any fiscal year; and
``(3) the proper disbursement of the funds received under
this subpart.
``Subpart 3--Programs for Recent Immigrants, Students of Migrant
Parents and Older Americans
``SEC. 5831. ESTABLISHMENT.
``(a) General Authority.--
``(1) In general.--The Secretary is authorized to make
grants in accordance with the provisions of this subpart to
the Close Up Foundation of Washington, District of Columbia,
a nonpartisan, nonprofit foundation, for the purpose of
assisting the Close Up Foundation in carrying out its
programs of increasing understanding of the Federal
Government among economically disadvantaged older Americans,
recent immigrants and students of migrant parents.
``(2) Definition.--For the purpose of this subpart, the
term `older American' means an individual who has attained 55
years of age.
``(b) Use of Funds.--Grants under this subpart shall be
used for financial assistance to economically disadvantaged
older Americans, recent immigrants and students of migrant
parents who participate in the programs described in
subsection (a). Financial assistance received pursuant to
this subpart by such individuals shall be known as Allen J.
Ellender fellowships.
``SEC. 5832. APPLICATIONS.
``(a) Application Required.--No grant under this subpart
may be made except upon application at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
``(b) Contents of Application.--Except such application
shall contain provisions to assure--
``(1) that fellowship grants are made to economically
disadvantaged older Americans, recent immigrants and students
of migrant parents;
``(2) that every effort will be made to ensure the
participation of older Americans, recent immigrants and
students of migrant parents from rural and small town areas,
as well as from urban areas, and that in awarding
fellowships, special consideration will be given to the
participation of older Americans, recent immigrants and
students of migrant parents with special needs, including
individuals with disabilities, ethnic minorities, and gifted
and talented students;
``(3) that activities permitted by subsection (a) are fully
described; and
``(4) the proper disbursement of the funds received under
this subpart.
``Subpart 4--General Provisions
``SEC. 5841. ADMINISTRATIVE PROVISIONS.
``(a) General Rule.--Payments under this part may be made
in installments, in advance, or by way of reimbursement, with
necessary adjustments on account of underpayment or
overpayment.
``(b) Audit Rule.--The Comptroller General of the United
States or any of the Comptroller General's duly authorized
representatives shall have access for the purpose of audit
and examination to any books, documents, papers, and records
that are pertinent to any grant under this part.
``SEC. 5842. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to carry out subparts 1, 2, and 3, $1,500,000 for fiscal year
2001 and such sums as may be necessary of each of the 4
succeeding fiscal years.
(b) Special Rule.--Of the funds appropriated pursuant to
subsection (a), not more than 30 percent may be used for
teachers associated with students participating in the
programs described in section 5811(a).
``PART I--READY-TO-LEARN TELEVISION
``SEC. 5901. READY-TO-LEARN.
``(a) In General.--The Secretary is authorized to award
grants to, or enter into contracts or cooperative agreements
with, eligible entities described in section 5902(b) to
develop, produce, and distribute educational and
instructional video programming for preschool and elementary
school children and their parents in order to facilitate the
achievement of America's Education Goals.
``(b) Availability.--In making such grants, contracts, or
cooperative agreements under subsection (a), the Secretary
shall ensure that eligible entities make programming widely
available, with support materials as appropriate, to young
children, their parents, childcare workers, and Head Start
providers to increase the effective use of such programming.
``SEC. 5902. EDUCATIONAL PROGRAMMING.
``(a) Awards.--The Secretary shall award grants, contracts,
or cooperative agreements under section 5901 to eligible
entities to--
``(1) facilitate the development directly, or through
contracts with producers of children and family educational
television programming, of--
``(A) educational programming for preschool and elementary
school children; and
``(B) accompanying support materials and services that
promote the effective use of such programming;
``(2) facilitate the development of programming and digital
content especially designed for nationwide distribution over
public television stations' digital broadcasting channels and
the Internet, containing Ready to Learn-based children's
programming and resources for parents and caregivers; and
``(3) enable eligible entities to contract with entities
(such as public telecommunications entities and those funded
under the Star Schools Act) so that programs developed under
this section are disseminated and distributed--
``(A) to the widest possible audience appropriate to be
served by the programming; and
``(B) by the most appropriate distribution technologies.
``(b) Eligible Entities.--To be eligible to receive a
grant, contract, or cooperative agreement under subsection
(a), an entity shall be--
``(1) a public telecommunications entity that is able to
demonstrate a capacity for the development and national
distribution of educational
[[Page S3103]]
and instructional television programming of high quality for
preschool and elementary school children; and
``(2) able to demonstrate a capacity to contract with the
producers of children's television programming for the
purpose of developing educational television programming of
high quality for preschool and elementary school children.
``(c) Cultural Experiences.--Programming developed under
this section shall reflect the recognition of diverse
cultural experiences and the needs and experiences of both
boys and girls in engaging and preparing young children for
schooling.
``SEC. 5903. DUTIES OF SECRETARY.
``In carrying out this part, the Secretary may--
``(1) award grants, contracts, or cooperative agreements to
eligible entities described in section 5902(b), local public
television stations, or such public television stations that
are part of a consortium with 1 or more State educational
agencies, local educational agencies, local schools,
institutions of higher education, or community-based
organizations of demonstrated effectiveness, for the purpose
of--
``(A) addressing the learning needs of young children in
limited English proficient households, and developing
appropriate educational and instructional television
programming to foster the school readiness of such children;
``(B) developing programming and support materials to
increase family literacy skills among parents to assist
parents in teaching their children and utilizing educational
television programming to promote school readiness; and
``(C) identifying, supporting, and enhancing the effective
use and outreach of innovative programs that promote school
readiness; and
``(D) developing and disseminating training materials,
including--
``(i) interactive programs and programs adaptable to
distance learning technologies that are designed to enhance
knowledge of children's social and cognitive skill
development and positive adult-child interactions; and
``(ii) support materials to promote the effective use of
materials developed under subparagraph (B) among parents,
Head Start providers, in-home and center-based daycare
providers, early childhood development personnel, elementary
school teachers, public libraries, and after- school program
personnel caring for preschool and elementary school
children;
``(2) establish within the Department a clearinghouse to
compile and provide information, referrals, and model program
materials and programming obtained or developed under this
part to parents, child care providers, and other appropriate
individuals or entities to assist such individuals and
entities in accessing programs and projects under this part;
and
``(3) coordinate activities assisted under this part with
the Secretary of Health and Human Services in order to--
``(A) maximize the utilization of quality educational
programming by preschool and elementary school children, and
make such programming widely available to federally funded
programs serving such populations; and
``(B) provide information to recipients of funds under
Federal programs that have major training components for
early childhood development, including programs under the
Head Start Act and Even Start, and State training activities
funded under the Child Care and Development Block Grant Act
of 1990, regarding the availability and utilization of
materials developed under paragraph (1)(D) to enhance parent
and child care provider skills in early childhood development
and education.
``SEC. 5904. APPLICATIONS.
``Each entity desiring a grant, contract, or cooperative
agreement under section 5901 or 5903 shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require.
``SEC. 5905. REPORTS AND EVALUATION.
``(a) Annual Report to the Secretary.--An eligible entity
receiving funds under a grant, contract or cooperative
agreement under section 5901 shall prepare and submit to the
Secretary an annual report that contains such information as
the Secretary may require. At a minimum, the report shall
describe the program activities undertaken with funds
received under such grant, contract or cooperative agreement,
including--
``(1) the programming that has been developed directly or
indirectly by the eligible entity, and the target population
of the programs developed;
``(2) the support materials that have been developed to
accompany the programming, and the method by which such
materials are distributed to consumers and users of the
programming;
``(3) the means by which programming developed under this
section has been distributed, including the distance learning
technologies that have been utilized to make programming
available and the geographic distribution achieved through
such technologies; and
``(4) the initiatives undertaken by the eligible entity to
develop public-private partnerships to secure non-Federal
support for the development, distribution and broadcast of
educational and instructional programming.
``(b) Report to Congress.--The Secretary shall prepare and
submit to the relevant committees of Congress a biannual
report that shall include--
``(1) a summary of activities assisted under section
5902(a); and
``(2) a description of the training materials made
available under section 5903(1)(D), the manner in which
outreach has been conducted to inform parents and childcare
providers of the availability of such materials, and the
manner in which such materials have been distributed in
accordance with such section.
``SEC. 5906. ADMINISTRATIVE COSTS.
``With respect to the implementation of section 5902,
eligible entities receiving a grant, contract, or cooperative
agreement from the Secretary may use not more than 5 percent
of the amounts received under such grant, contract, or
cooperative agreement for the normal and customary expenses
of administering the grant, contract, or cooperative
agreement.
``SEC. 5907. DEFINITION.
``For the purposes of this part, the term 'distance
learning' means the transmission of educational or
instructional programming to geographically dispersed
individuals and groups via telecommunications.
``SEC. 5908. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to carry out this part, $50,000,000 for fiscal year 2001, and
such sums as may be necessary for each of the 4 succeeding
fiscal years.
``(b) Funding Rule.--Not less than 60 percent of the
amounts appropriated under subsection (a) for each fiscal
year shall be used to carry out section 5902.
``PART J--INEXPENSIVE BOOK DISTRIBUTION PROGRAM
``SEC. 5951. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR
READING MOTIVATION.
``(a) Authorization.--The Secretary is authorized to enter
into a contract with Reading is Fundamental (RIF) (hereafter
in this section referred to as `the contractor') to support
and promote programs, which include the distribution of
inexpensive books to students, that motivate children to
read.
``(b) Requirements of Contract.--Any contract entered into
under subsection (a) shall--
``(1) provide that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations, or with public agencies, under which each
subcontractor will agree to establish, operate, and provide
the non-Federal share of the cost of reading motivation
programs that include the distribution of books, by gift, to
the extent feasible, or loan, to children from birth through
secondary school age, including those in family literacy
programs;
``(2) provide that funds made available to subcontractors
will be used only to pay the Federal share of the cost of
such programs;
``(3) provide that in selecting subcontractors for initial
funding, the contractor will give priority to programs that
will serve a substantial number or percentage of children
with special needs, such as--
``(A) low-income children, particularly in high-poverty
areas;
``(B) children at risk of school failure;
``(C) children with disabilities;
``(D) foster children;
``(E) homeless children;
``(F) migrant children;
``(G) children without access to libraries;
``(H) institutionalized or incarcerated children; and
``(I) children whose parents are institutionalized or
incarcerated;
``(4) provide that the contractor will provide such
technical assistance to subcontractors as may be necessary to
carry out the purpose of this section;
``(5) provide that the contractor will annually report to
the Secretary the number of, and describe, programs funded
under paragraph (3); and
``(6) include such other terms and conditions as the
Secretary determines to be appropriate to ensure the
effectiveness of such programs.
``(c) Restriction on Payments.--The Secretary shall make no
payment of the Federal share of the cost of acquiring and
distributing books under any contract under this section
unless the Secretary determines that the contractor or
subcontractor, as the case may be, has made arrangements with
book publishers or distributors to obtain books at discounts
at least as favorable as discounts that are customarily given
by such publisher or distributor for book purchases made
under similar circumstances in the absence of Federal
assistance.
``(d) Definition of `Federal Share'.--For the purpose of
this section, the term `Federal share' means, with respect to
the cost to a subcontractor of purchasing books to be paid
under this section, 75 percent of such costs to the
subcontractor, except that the Federal share for programs
serving children of migrant or seasonal farmworkers shall be
100 percent of such costs to the subcontractor.
``(e) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $25,000,000 for fiscal year 2001 and such sums
as may be necessary for each of the four succeeding fiscal
years.''.
PART F--TECHNICAL AND CONFORMING AMENDMENTS
SEC. 561. TECHNICAL AND CONFORMING AMENDMENTS.
(a) General Education Provisions Act.--Section 441(a) of
the General Education Provisions Act (20 U.S.C. 1232d(a)) is
amended by striking ``shall submit (subject'' and all that
follows through ``to the Secretary'' and inserting ``shall
submit to the Secretary''.
(b) School-to-Work Opportunities Act of 1994.--Section
502(b)(3) of the School-to-Work Opportunities Act of 1994 (20
U.S.C. 6212(b)(3)) is amended by striking ``part A of title
V'' and inserting ``part C of title V''.
(c) Title 31, United States Code.--Section 6703 of title
31, United States Code is amended by striking paragraph (1).
TITLE VI--INNOVATIVE EDUCATION
SEC. 601. INNOVATIVE EDUCATION.
Title VI (20 U.S.C. 7301 et seq.) is amended to read as
follows:
[[Page S3104]]
``TITLE VI--INNOVATIVE EDUCATION
``PART A--INNOVATIVE EDUCATION PROGRAM STRATEGIES
``SEC. 6101. PURPOSE; STATE AND LOCAL RESPONSIBILITY.
``(a) Purpose.--The purpose of this part is--
``(1) to support local education reform efforts that are
consistent with and support statewide education reform
efforts;
``(2) to support State and local efforts to accomplish
America's Education Goals;
``(3) to provide funding to enable State and local
educational agencies to implement promising educational
reform strategies;
``(4) to provide a continuing source of innovation and
educational improvement, including support for library
services and instructional and media materials; and
``(5) to develop and implement education programs to
improve school, student, and teacher performance, including
professional development activities and class size reduction
programs.
``(b) State and Local Responsibility.--The basic
responsibility for the administration of funds made available
under this part is within the State educational agencies, but
it is the intent of Congress that the responsibility be
carried out with a minimum of paperwork and that the
responsibility for the design and implementation of programs
assisted under this part will be mainly that of local
educational agencies, school superintendents and principals,
and classroom teachers and supporting personnel, because such
agencies and individuals have the most direct contact with
students and are most likely to be able to design programs to
meet the educational needs of students in their own school
districts.
``SEC. 6102. AUTHORIZATION OF APPROPRIATIONS; DURATION OF
ASSISTANCE.
``(a) Authorization.--To carry out the purposes of this
part, there are authorized to be appropriated $850,000,000
for fiscal year 2001 and such sums as may be necessary for
each of the four succeeding fiscal years.
``(b) Duration of Assistance.--During the period beginning
October 1, 2001, and ending September 30, 2006, the Secretary
shall, in accordance with the provisions of this part, make
payments to State educational agencies for the purpose of
this part.
``SEC. 6103. DEFINITION OF EFFECTIVE SCHOOLS PROGRAM.
``In this part the term `effective schools program' means a
school-based program that--
``(1) may encompass preschool through secondary school
levels; and
``(2) has the objectives of--
``(A) promoting school-level planning, instructional
improvement, and staff development for all personnel;
``(B) increasing the academic performance levels of all
children and particularly educationally disadvantaged
children; and
``(C) achieving as an ongoing condition in the school the
following factors identified through effective schools
research:
``(i) Strong and effective administrative and instructional
leadership.
``(ii) A safe and orderly school environment that enables
teachers and students to focus on academic performance.
``(iii) Continuous assessment of students and initiatives
to evaluate instructional techniques.
``Subpart 1--State and Local Programs
``SEC. 6111. ALLOTMENT TO STATES.
``(a) Reservations.--From the sums appropriated to carry
out this part in any fiscal year, the Secretary shall reserve
not more than one percent for payments to outlying areas to
be allotted in accordance with their respective needs.
``(b) Allotment.--From the remainder of such sums, the
Secretary shall allot to each State an amount which bears the
same ratio to the amount of such remainder as the school-age
population of the State bears to the school-age population of
all States, except that no State shall receive less than an
amount equal to one-half of one percent of such remainder.
``(c) Definitions.--In this subpart:
``(1) School-age population.--The term `school-age
population' means the population aged 5 through 17.
``(2) State.--The term `State' includes the 50 States of
the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
``SEC. 6112. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
``(a) Formula.--From the sums made available each year to
carry out this part, the State educational agency shall
distribute not less than 85 percent to local educational
agencies within such State according to the relative
enrollments in public and private elementary schools and
secondary schools within the school districts of such
agencies, adjusted, in accordance with criteria approved by
the Secretary, to provide higher per pupil allocations to
local educational agencies serving the greatest numbers or
percentages of children whose education imposes a higher than
average cost per child, such as--
``(1) children living in areas with high concentrations of
low-income families;
``(2) children from low-income families; and
``(3) children living in sparsely populated areas.
``(b) Calculation of Enrollments.--
``(1) In general.--The calculation of relative enrollments
under subsection (a) shall be on the basis of the total of--
``(A) the number of children enrolled in public schools;
and
``(B) the number of children enrolled in private nonprofit
schools that desire that their children participate in
programs or projects assisted under this part, for the fiscal
year preceding the fiscal year for which the determination is
made.
``(2) Construction.--Nothing in this subsection shall
diminish the responsibility of local educational agencies to
contact, on an annual basis, appropriate officials from
private nonprofit schools within the areas served by such
agencies in order to determine whether such schools desire
that their children participate in programs assisted under
this part.
``(3) Adjustments.--
``(A) In general.--Relative enrollments under subsection
(a) shall be adjusted, in accordance with criteria approved
by the Secretary under subparagraph (B), to provide higher
per pupil allocations only to local educational agencies
which serve the greatest numbers or percentages of--
``(i) children living in areas with high concentrations of
low-income families;
``(ii) children from low-income families; or
``(iii) children living in sparsely populated areas.
``(B) Criteria.--The Secretary shall review criteria
submitted by a State educational agency for adjusting
allocations under subparagraph (A) and shall approve such
criteria only if the Secretary determines that such criteria
are reasonably calculated to produce an adjusted allocation
that reflects the relative needs within the State's local
educational agencies based on the factors set forth in
subparagraph (A).
``(c) Payment of Allocations.--
``(1) Distribution.--From the funds paid to a State
educational agency pursuant to section 6111 for a fiscal
year, a State educational agency shall distribute to each
eligible local educational agency which has submitted an
application as required in section 6133 the amount of such
local educational agency's allocation as determined under
subsection (a).
``(2) Additional funds.--
``(A) In general.--Additional funds resulting from higher
per pupil allocations provided to a local educational agency
on the basis of adjusted enrollments of children described in
subsection (a), may, at the discretion of the local
educational agency, be allocated for expenditures to provide
services for children enrolled in public and private
nonprofit schools in direct proportion to the number of
children described in subsection (a) and enrolled in such
schools within the local educational agency.
``(B) Requirement.--In any fiscal year, any local
educational agency that elects to allocate such additional
funds in the manner described in subparagraph (A) shall
allocate all additional funds to schools within the local
educational agency in such manner.
``(C) Construction.--The provisions of subparagraphs (A)
and (B) may not be construed to require any school to limit
the use of such additional funds to the provision of services
to specific students or categories of students.
``Subpart 2--State Programs
``SEC. 6121. STATE USES OF FUNDS.
``(a) Authorized Activities.--A State educational agency
may use funds made available for State use under this part
only for--
``(1) State administration of programs under this part
including--
``(A) supervision of the allocation of funds to local
educational agencies;
``(B) planning, supervision, and processing of State funds;
and
``(C) monitoring and evaluation of programs and activities
under this part;
``(2) support for planning, designing, and initial
implementation of charter schools as described in part D of
title V;
``(3) support for designing and implementation of high-
quality yearly student assessments;
``(4) support for implementation of State and local
standards; and
``(5) technical assistance and direct grants to local
educational agencies and statewide education reform
activities including effective schools programs which assist
local educational agencies to provide targeted assistance.
``(b) Limitations and Requirements.--Not more than 15
percent of funds available for State programs under this part
in any fiscal year may be used for State administration under
subsection (a)(1).
``SEC. 6122. STATE APPLICATIONS.
``(a) Application Requirements.--Any State which desires to
receive assistance under this part shall submit to the
Secretary an application which--
``(1) designates the State educational agency as the State
agency responsible for administration and supervision of
programs assisted under this part;
``(2) provides for a biennial submission of data on the use
of funds, the types of services furnished, and the students
served under this part;
``(3) sets forth the allocation of such funds required to
implement section 6142;
``(4) provides that the State educational agency will keep
such records and provide such information to the Secretary as
may be required for fiscal audit and program evaluation
(consistent with the responsibilities of the Secretary under
this section);
``(5) provides assurances that, apart from technical and
advisory assistance and monitoring compliance with this part,
the State educational agency has not exercised and will not
exercise any influence in the decisionmaking processes of
local educational agencies as to the expenditure made
pursuant to an application under section 6133;
``(6) contains assurances that there is compliance with the
specific requirements of this part; and
``(7) provides for timely public notice and public
dissemination of the information provided pursuant to
paragraph (2).
``(b) Period of Application.--An application filed by the
State under subsection (a) shall be for a period not to
exceed three years, and may be amended annually as may be
necessary to reflect changes without filing a new
application.
[[Page S3105]]
``(c) Audit Rule.--A local educational agency that receives
less than an average of $10,000 under this part for 3 fiscal
years shall not be audited more frequently than once every 5
years.
``Subpart 3--Local Innovative Education Programs
``SEC. 6131. TARGETED USE OF FUNDS.
``(a) General Rule.--Funds made available to local
educational agencies under section 6112 shall be used for
innovative assistance described in subsection (b).
``(b) Innovative Assistance.--
``(1) In general.--The innovative assistance programs
referred to in subsection (a) include--
``(A) programs for the acquisition and use of instructional
and educational materials, including library services and
materials (including media materials), assessments, and other
curricular materials that--
``(B) programs to improve teaching and learning, including
professional development activities, that are consistent with
comprehensive State and local systemic education reform
efforts;
``(C) activities that encourage and expand improvements
throughout the local educational agency that are designed to
advance student performance;
``(D) initiatives to generate, maintain, and strengthen
parental and community involvement, including initiatives
creating activities for school-age children and activities to
meet the educational needs of children aged birth through 5;
``(E) programs to recruit, hire, and train certified
teachers (including teachers certified through State and
local alternative routes) in order to reduce class size;
``(F) programs to improve the academic performance of
educationally disadvantaged elementary school and secondary
school students, including activities to prevent students
from dropping out of school;
``(G) programs and activities that expand learning
opportunities through best practice models designed to
improve classroom learning and teaching;
``(H) programs to combat both student and parental
illiteracy;
``(I) technology activities related to the implementation
of school-based reform efforts, including professional
development to assist teachers and other school personnel
(including school library media personnel) regarding how to
effectively use technology in the classrooms and the school
library media centers involved;
``(J) school improvement programs or activities under
section 1116 or 1117;
``(K) programs to provide for the educational needs of
gifted and talented children;
``(L) programs to provide same gender schools and
classrooms, if equal educational opportunities are made
available to students of both sexes, consistent with the
Constitution of the United States of America;
``(M) service learning activities; and
``(N) school safety programs.
``(2) Requirements.--The innovative assistance programs
referred to in subsection (a) shall be--
``(A) tied to promoting high academic standards;
``(B) used to improve student performance; and
``(C) part of an overall education reform strategy.
``SEC. 6132. ADMINISTRATIVE AUTHORITY.
``In order to conduct the activities authorized by this
part, each State or local educational agency may use funds
made available under this part to make grants to and to enter
into contracts with local educational agencies, institutions
of higher education, libraries, museums, and other public and
private nonprofit agencies, organizations, and institutions.
``SEC. 6133. LOCAL APPLICATIONS.
``(a) Contents of Application.--A local educational agency
or consortium of such agencies may receive an allocation of
funds under this part for any year for which an application
is submitted to the State educational agency and such
application is certified to meet the requirements of this
section. The State educational agency shall certify any such
application if such application--
``(1)(A) sets forth the planned allocation of funds among
innovative assistance programs described in section 6131 and
describes the programs, projects, and activities designed to
carry out such innovative assistance which the local
educational agency intends to support, together with the
reasons for the selection of such programs, projects, and
activities; and
``(B) sets forth the allocation of such funds required to
implement section 6142;
``(2) describes how assistance under this part will
contribute to meeting America's Education Goals and improving
student achievement or improving the quality of education for
students;
``(3) provides assurances of compliance with the provisions
of this part, including the participation of children
enrolled in private, nonprofit schools in accordance with
section 6142;
``(4) agrees to keep such records, and provide such
information to the State educational agency as reasonably may
be required for fiscal audit and program evaluation,
consistent with the responsibilities of the State educational
agency under this part; and
``(5) provides in the allocation of funds for the
assistance authorized by this part, and in the design,
planning, and implementation of such programs, for systematic
consultation with parents of children attending elementary
schools and secondary schools in the area served by the local
educational agency, with teachers and administrative
personnel in such schools, and with other groups involved in
the implementation of this part (such as librarians, school
counselors, and other pupil services personnel) as may be
considered appropriate by the local educational agency.
``(b) Period of Application.--An application filed by a
local educational agency under subsection (a) shall be for a
period not to exceed three fiscal years, may provide for the
allocation of funds to programs for a period of three years,
and may be amended annually as may be necessary to reflect
changes without filing a new application.
``(c) Local Educational Agency Discretion.--Subject to the
limitations and requirements of this part, a local
educational agency shall have complete discretion in
determining how funds under this subpart shall be divided
among the areas of targeted assistance. In exercising such
discretion, a local educational agency shall ensure that
expenditures under this subpart carry out the purposes of
this part and are used to meet the educational needs within
the schools of such local educational agency.
``Subpart 4--General Administrative Provisions
``SEC. 6141. MAINTENANCE OF EFFORT; FEDERAL FUNDS
SUPPLEMENTARY.
``(a) Maintenance of Effort.--
``(1) In general.--Except as provided in paragraph (2), a
State is entitled to receive its full allocation of funds
under this part for any fiscal year if the Secretary finds
that either the combined fiscal effort per student or the
aggregate expenditures within the State with respect to the
provision of free public education for the fiscal year
preceding the fiscal year for which the determination is made
was not less than 90 percent of such combined fiscal effort
or aggregate expenditures for the second fiscal year
preceding the fiscal year for which the determination is
made.
``(2) Reduction of funds.--The Secretary shall reduce the
amount of the allocation of funds under this part in any
fiscal year in the exact proportion to which the State fails
to meet the requirements of paragraph (1) by falling below 90
percent of both the fiscal effort per student and aggregate
expenditures (using the measure most favorable to the State),
and no such lesser amount shall be used for computing the
effort required under paragraph (1) for subsequent years.
``(3) Waivers.--The Secretary may waive, for one fiscal
year only, the requirements of this section if the Secretary
determines that such a waiver would be equitable due to
exceptional or uncontrollable circumstances such as a natural
disaster or a precipitous and unforeseen decline in the
financial resources of the State.
``(b) Federal Funds Supplementary.--A State or local
educational agency may use and allocate funds received under
this part only so as to supplement and, to the extent
practical, increase the level of funds that would, in the
absence of Federal funds made available under this part, be
made available from non-Federal sources, and in no case may
such funds be used so as to supplant funds from non-Federal
sources.
``SEC. 6142. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
``(a) Participation on Equitable Basis.--
``(1) In general.--To the extent consistent with the number
of children in the school district of a local educational
agency which is eligible to receive funds under this part or
which serves the area in which a program or project assisted
under this part is located who are enrolled in private
nonprofit elementary and secondary schools, or with respect
to instructional or personnel training programs funded by the
State educational agency from funds made available for State
use, such agency, after consultation with appropriate private
school officials, shall provide for the benefit of such
children in such schools secular, neutral, and nonideological
services, materials, and equipment, including the
participation of the teachers of such children (and other
educational personnel serving such children) in training
programs, and the repair, minor remodeling, or construction
of public facilities as may be necessary for their provision
(consistent with subsection (c) of this section), or, if such
services, materials, and equipment are not feasible or
necessary in one or more such private schools as determined
by the local educational agency after consultation with the
appropriate private school officials, shall provide such
other arrangements as will assure equitable participation of
such children in the purposes and benefits of this part.
``(2) Other provisions for services.--If no program or
project is carried out under paragraph (1) in the school
district of a local educational agency, the State educational
agency shall make arrangements, such as through contracts
with nonprofit agencies or organizations, under which
children in private schools in such district are provided
with services and materials to the extent that would have
occurred if the local educational agency had received funds
under this part.
``(3) Application of requirements.--The requirements of
this section relating to the participation of children,
teachers, and other personnel serving such children shall
apply to programs and projects carried out under this part by
a State or local educational agency, whether directly or
through grants to or contracts with other public or private
agencies, institutions, or organizations.
``(b) Equal Expenditures.--Expenditures for programs
pursuant to subsection (a) shall be equal (consistent with
the number of children to be served) to expenditures for
programs under this part for children enrolled in the public
schools of the local educational agency, taking into account
the needs of the individual children and other factors which
relate to such expenditures, and when funds available to a
local educational agency under this part are used to
concentrate programs or projects on a particular group,
attendance area, or grade or age level, children enrolled in
private schools who are included within the group, attendance
area, or
[[Page S3106]]
grade or age level selected for such concentration shall,
after consultation with the appropriate private school
officials, be assured equitable participation in the purposes
and benefits of such programs or projects.
``(c) Funds.--
``(1) Administration of funds and property.--The control of
funds provided under this part, and title to materials,
equipment, and property repaired, remodeled, or constructed
with such funds, shall be in a public agency for the uses and
purposes provided in this part, and a public agency shall
administer such funds and property.
``(2) Provision of services.--The provision of services
pursuant to this part shall be provided by employees of a
public agency or through contract by such public agency with
a person, an association, agency, or corporation who or
which, in the provision of such services, is independent of
such private school and of any religious organizations, and
such employment or contract shall be under the control and
supervision of such public agency, and the funds provided
under this part shall not be commingled with State or local
funds.
``(d) State Prohibition Waiver.--If by reason of any
provision of law a State or local educational agency is
prohibited from providing for the participation in programs
of children enrolled in private elementary schools and
secondary schools, as required by this section, the Secretary
shall waive such requirements and shall arrange for the
provision of services to such children through arrangements
which shall be subject to the requirements of this section.
``(e) Waiver and Provision of Services.--
``(1) Failure to comply.--If the Secretary determines that
a State or a local educational agency has substantially
failed or is unwilling to provide for the participation on an
equitable basis of children enrolled in private elementary
schools and secondary schools as required by this section,
the Secretary may waive such requirements and shall arrange
for the provision of services to such children through
arrangements which shall be subject to the requirements of
this section.
``(2) Withholding of allocation.--Pending final resolution
of any investigation or complaint that could result in a
determination under this subsection or subsection (d), the
Secretary may withhold from the allocation of the affected
State or local educational agency the amount estimated by the
Secretary to be necessary to pay the cost of those services.
``(f) Determination.--Any determination by the Secretary
under this section shall continue in effect until the
Secretary determines that there will no longer be any failure
or inability on the part of the State or local educational
agency to meet the requirements of subsections (a) and (b).
``(g) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allotment of the State under
this part.
``(h) Review.--
``(1) Written objections.--The Secretary shall not take any
final action under this section until the State educational
agency and the local educational agency affected by such
action have had an opportunity, for not less than 45 days
after receiving written notice thereof, to submit written
objections and to appear before the Secretary or the
Secretary's designee to show cause why that action should not
be taken.
``(2) Court action.--If a State or local educational agency
is dissatisfied with the Secretary's final action after a
proceeding under paragraph (1), such agency may, not later
than 60 days after notice of such action, file with the
United States court of appeals for the circuit in which such
State is located a petition for review of that action. A copy
of the petition shall be transmitted by the clerk of the
court to the Secretary. The Secretary thereupon shall file in
the court the record of the proceedings on which the
Secretary based this action, as provided in section 2112 of
title 28, United States Code.
``(3) Remand to secretary.--The findings of fact by the
Secretary, if supported by substantial evidence, shall be
conclusive; but the court, for good cause shown, may remand
the case to the Secretary to take further evidence and the
Secretary may make new or modified findings of fact and may
modify the Secretary's previous action, and shall file in the
court the record of the further proceedings. Such new or
modified findings of fact shall likewise be conclusive if
supported by substantial evidence.
``(4) Court review.--Upon the filing of such petition, the
court shall have jurisdiction to affirm the action of the
Secretary or to set such action aside, in whole or in part.
The judgment of the court shall be subject to review by the
Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28, United
States Code.
``(i) Prior Determination.--Any bypass determination by the
Secretary under chapter 2 of part I of this Act (as such
chapter was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994)
shall, to the extent consistent with the purposes of this
part, apply to programs under this part.
``SEC. 6143. FEDERAL ADMINISTRATION.
``(a) Technical Assistance.--The Secretary, upon request,
shall provide technical assistance to State and local
educational agencies under this part.
``(b) Rulemaking.--The Secretary shall issue regulations
under this part to the extent that such regulations are
necessary to ensure that there is compliance with the
specific requirements and assurances required by this part.
``(c) Availability of Appropriations.--Notwithstanding any
other provision of law, unless expressly in limitation of
this subsection, funds appropriated in any fiscal year to
carry out activities under this part shall become available
for obligation on July 1 of such fiscal year and shall remain
available for obligation until the end of the subsequent
fiscal year.
``PART B--RURAL EDUCATION INITIATIVE
``SEC. 6203. SHORT TITLE.
``This part may be cited as the `Rural Education
Achievement Program'.
``SEC. 6202. PURPOSE.
``It is the purpose of this part to address the unique
needs of rural school districts that frequently--
``(1) lack the personnel and resources needed to compete
for Federal competitive grants; and
``(2) receive formula allocations in amounts too small to
be effective in meeting their intended purposes.
``SEC. 6203. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part--
``(1) $125,000,000 for fiscal year 2001, of which
$62,500,000 shall be made available to carry out subpart 1;
and
``(2) such sums as may be necessary for each of the 5
succeeding fiscal years.
``Subpart 1--Small, Rural School Achievement Program
``SEC. 6211. 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 carry
out innovative assistance activities described in section
6131(b).
``(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.--A local educational agency shall be
eligible to use the applicable funding in accordance with
subsection (a) if--
``(1) 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
``(2) all of the schools served by the local educational
agency are designated with a School Locale Code of 7, as
determined by the Secretary of Education.
``(c) Applicable Funding.--In this section, the term
`applicable funding' means funds provided under each of
titles II, IV, and VI.
``(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 made available under
this section shall be used to supplement and not supplant any
other Federal, State, or local education funds.
``(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.
``(g) Construction.--Nothing in this subpart shall be
construed to prohibit a local educational agency that enters
into cooperative arrangements with other local educational
agencies for the provision of special, compensatory, or other
education services pursuant to State law or a written
agreement from entering into similar arrangements for the use
or the coordination of the use of the funds made available
under this section.
``SEC. 6212. COMPETITIVE GRANT PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to award
grants to eligible local educational agencies to enable the
local educational agencies to carry out innovative assistance
activities described in section 6131(b).
``(b) Eligibility.--A local educational agency shall be
eligible to receive a grant under this section if--
``(1) 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
``(2) all of the schools served by the local educational
agency are designated with a School Locale Code of 7, as
determined by the Secretary of Education.
``(c) Amount.--
``(1) In general.--The Secretary shall award a grant to a
local educational agency under this section for a fiscal year
in an amount equal to the amount determined under paragraph
(2) for the fiscal year minus the total amount received under
the provisions of law described under section 6211(c) for the
fiscal year.
``(2) Determination.--The amount referred to in paragraph
(1) is equal to $100 multiplied by the total number of
students in excess of 50 students that are in average daily
attendance at the schools served by the local educational
agency, plus $20,000, except that the amount may not exceed
$60,000.
``(3) 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
[[Page S3107]]
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.
``(4) Penalty.--If the Secretary determines that a local
educational agency has knowingly submitted false information
under paragraph (3) for the purpose of gaining additional
funds under this section, then the local educational agency
shall be fined an amount equal to twice the difference
between the amount the local educational agency received
under this section, and the correct amount the local
educational agency would have received under this section if
the agency had submitted accurate information under paragraph
(3).
``(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.
``(e) 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.
``(f) Construction.--Nothing in this subpart shall be
construed to prohibit a local educational agency that enters
into cooperative arrangements with other local educational
agencies for the provision of special, compensatory, or other
education services pursuant to State law or a written
agreement from entering into similar arrangements for the use
or the coordination of the use of the funds made available
under this section.
``SEC. 6213. ACCOUNTABILITY.
``(a) Academic Achievement.--
``(1) In general.--Each local educational agency that uses
or receives funds under section 6211 or 6212 for a fiscal
year shall--
``(A) administer an assessment that is used statewide and
is consistent with the assessment described in section
1111(b), to assess the academic achievement of students in
the schools served by the local educational agency; or
``(B) in the case of a local educational agency for which
there is no statewide assessment described in subparagraph
(A), administer a test, that is selected by the local
educational agency, to assess the academic achievement of
students in the schools served by the local educational
agency.
``(2) Special rule.--Each local educational agency that
uses or receives funds under section 6211 or 6212 shall use
the same assessment or test described in paragraph (1) for
each year of participation in the program carried out 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 6211(c) shall--
``(1) after the fifth year that a local educational agency
in the State participates in a program authorized under
section 6211 or 6212 and on the basis of the results of the
assessments or tests described in subsection (a), determine
whether the students served by the local educational agency
participating in the program performed better on the
assessments or tests after the fifth year of the
participation than the students performed on the assessments
or tests after the first year of the participation;
``(2) permit only the local educational agencies that
participated in the program and served students that
performed better on the assessments or tests, as described in
paragraph (1), to continue to participate in the program for
an additional period of 5 years; and
``(3) prohibit the local educational agencies that
participated in the program and served students that did not
perform better on the assessments or tests, as described in
paragraph (1), from participating in the program, for a
period of 5 years from the date of the determination.
``SEC. 6214. RATABLE REDUCTIONS IN CASE OF INSUFFICIENT
APPROPRIATIONS.
``(a) In General.--If the amount appropriated for any
fiscal year and made available for grants under this subpart
is insufficient to pay the full amount for which all agencies
are eligible under this subpart, the Secretary shall ratably
reduce each such amount.
``(b) Additional Amounts.--If additional funds become
available for making payments under paragraph (1) for such
fiscal year, payments that were reduced under subsection (a)
shall be increased on the same basis as such payments were
reduced.
``Subpart 2--Low-Income and Rural School Program
``SEC. 6221. DEFINITIONS.
``In this subpart:
``(1) Poverty line.--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) Specially qualified agency.--The term `specially
qualified agency' means an eligible local educational agency,
located in a State that does not participate in a program
carried out under this subpart for a fiscal year, which may
apply directly to the Secretary for a grant for such year in
accordance with section 6222(b).
``SEC. 6222. PROGRAM AUTHORIZED.
``(a) Grants to States.--
``(1) In general.--From the sum appropriated under section
6203 for a fiscal year and made available to carry out this
subpart, the Secretary shall award grants, from allotments
made under paragraph (2), to State educational agencies that
have applications approved under section 6224 to enable the
State educational agencies to award grants to eligible local
educational agencies for innovative assistance activities
described in section 6131(b).
``(2) Allotment.--From the sum appropriated under section
6203 for a fiscal year and made available to carry out this
subpart, the Secretary shall allot to each State educational
agency an amount that bears the same ratio to the sum as the
number of students in average daily attendance at the schools
served by eligible local educational agencies in the State
for that fiscal year bears to the number of all such students
at the schools served by eligible local educational agencies
in all States for that fiscal year.
``(b) Direct Grants to Specially Qualified Agencies.--
``(1) Nonparticipating state.--If a State educational
agency elects not to participate in the program carried out
under this subpart or does not have an application approved
under section 6224, a specially qualified agency in such
State desiring a grant under this subpart shall apply
directly to the Secretary under section 6224 to receive a
grant under this subpart.
``(2) 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
subsection (a)(2) directly to specially qualified agencies in
the State.
``(c) Administrative Costs.--A State educational agency
that receives a grant under this subpart may not use more
than 5 percent of the amount of the grant for State
administrative costs.
``SEC. 6223. STATE DISTRIBUTION OF FUNDS.
``(a) In General.--A State educational agency that receives
a grant under this subpart may use the funds made available
through the grant to award grants to eligible local
educational agencies to enable the local educational agencies
to carry out innovative assistance activities described in
section 6131(b).
``(b) Local Awards.--
``(1) Eligibility.--A local educational agency shall be
eligible to receive a grant under this subpart if--
``(A) 20 percent or more of the children age 5 through 17
that are 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.
``(c) Award Basis.--The State educational agency shall
award the 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 at schools served by the
eligible local educational agencies.
``SEC. 6224. APPLICATIONS.
``(a) In General.--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.
``(b) Contents.--At a minimum, such application shall
include information on specific measurable goals and
objectives to be achieved through the activities carried out
through the grant, which may include specific educational
goals and objectives relating to--
``(1) increased student academic achievement;
``(2) decreased student dropout rates; or
``(3) such other factors as the State educational agency or
specially qualified agency may choose to measure.
``SEC. 6225. ACCOUNTABILITY.
``(a) State Reports.--Each State educational agency that
receives a grant under this subpart shall prepare and submit
to the Secretary an annual report. The report shall
describe--
``(1) the method the State educational agency used to award
grants to eligible local educational agencies under this
subpart;
``(2) how the local educational agencies used the funds
provided under this subpart; and
``(3) the degree to which the State made progress toward
meeting the goals and objectives described in the application
submitted under section 6224.
``(b) Specially Qualified Agency Report.--Each specially
qualified agency that receives a grant under this subpart
shall prepare and submit to the Secretary an annual report.
The report shall describe--
``(1) how such agency used the funds provided under this
subpart; and
``(2) the degree to which the agency made progress toward
meeting the goals and objectives described in the application
submitted under section 6224.
``(c) Academic Achievement.--
``(1) In general.--Each local educational agency that
receives a grant under this subpart for a fiscal year shall--
``(A) administer an assessment that is used statewide and
is consistent with the assessment described in section
1111(b), to assess the academic achievement of students in
the schools served by the local educational agency; or
``(B) in the case of a local educational agency for which
there is no statewide assessment described in subparagraph
(A), administer a test, that is selected by the local
educational agency, to assess the academic achievement of
students in the schools served by the local educational
agency.
``(2) Special Rule.--Each local educational agency that
receives a grant under this subpart shall use the same
assessment or test described in paragraph (1) for each year
of participation in the program carried out under this
subpart.
``(d) State Educational Agency Determination Regarding
Continuing Participation.--Each State educational agency that
receives a grant under this subpart shall--
``(1) after the fifth year that a local educational agency
in the State participates in the program authorized under
this subpart and on
[[Page S3108]]
the basis of the results of the assessments or tests
described in subsection (c), determine whether the students
served by the local educational agency participating in the
program performed better on the assessments or tests after
the fifth year of the participation than the students
performed on the assessments or tests after the first year of
the participation;
``(2) permit only the local educational agencies that
participated in the program and served students that
performed better on the assessments or tests, as described in
paragraph (1), to continue to participate in the program for
an additional period of 5 years; and
``(3) prohibit the local educational agencies that
participated in the program and served students that did not
perform better on the assessments or tests, as described in
paragraph (1), from participating in the program for a period
of 5 years from the date of the determination.
``SEC. 6226. SUPPLEMENT NOT SUPPLANT.
``Funds made available under this subpart shall be used to
supplement and not supplant any other Federal, State, or
local education funds.
``SEC. 6227. SPECIAL RULE.
``No local educational agency may concurrently participate
in activities carried out under subpart 1 and activities
carried out under this subpart.
``PART C--EDUCATION FLEXIBILITY PARTNERSHIPS
``SEC. 6301. SHORT TITLE.
``This part may be cited as the `Education Flexibility
Partnership Act of 2000'.
``SEC. 6302. DEFINITIONS.
``In this part:
``(1) Eligible school attendance area; school attendance
area.--The terms `eligible school attendance area' and
`school attendance area' have the meanings given the terms in
section 1113(a)(2).
``(2) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and each outlying area.
``SEC. 6303. EDUCATION FLEXIBILITY PARTNERSHIP.
``(a) Educational Flexibility Program.--
``(1) Program authorized.--
``(A) In general.--The Secretary may carry out an
educational flexibility program under which the Secretary
authorizes a State educational agency that serves an eligible
State to waive statutory or regulatory requirements
applicable to one or more programs described in subsection
(b), other than requirements described in subsection (c), for
any local educational agency or school within the State.
``(B) Designation.--Each eligible State participating in
the program described in subparagraph (A) shall be known as
an `Ed-Flex Partnership State'.
``(2) Eligible state.--For the purpose of this section the
term `eligible State' means a State that--
``(A) has--
``(i) developed and implemented the challenging State
content standards, challenging State student performance
standards, and aligned assessments described in section
1111(b), and for which local educational agencies in the
State are producing the individual school performance
profiles required by section 1116(a)(3); or
``(ii)(I) developed and implemented the content standards
described in clause (i);
``(II) developed and implemented interim assessments; and
``(III) made substantial progress (as determined by the
Secretary) toward developing and implementing the performance
standards and final aligned assessments described in clause
(i), and toward having local educational agencies in the
State produce the profiles described in clause (i);
``(B) holds local educational agencies and schools
accountable for meeting the educational goals described in
the local applications submitted under paragraph (4), and for
engaging in technical assistance and corrective actions
consistent with section 1116, for the local educational
agencies and schools that do not make adequate yearly
progress as described in section 1111(b)(2); and
``(C) waives State statutory or regulatory requirements
relating to education while holding local educational
agencies or schools within the State that are affected by
such waivers accountable for the performance of the students
who are affected by such waivers.
``(3) State application.--
``(A) In general.--Each State educational agency desiring
to participate in the educational flexibility program under
this section shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may reasonably require. Each such application
shall demonstrate that the eligible State has adopted an
educational flexibility plan for the State that includes--
``(i) a description of the process the State educational
agency will use to evaluate applications from local
educational agencies or schools requesting waivers of--
``(I) Federal statutory or regulatory requirements as
described in paragraph (1)(A); and
``(II) State statutory or regulatory requirements relating
to education;
``(ii) a detailed description of the State statutory and
regulatory requirements relating to education that the State
educational agency will waive;
``(iii) a description of clear educational objectives the
State intends to meet under the educational flexibility plan;
``(iv) a description of how the educational flexibility
plan is consistent with and will assist in implementing the
State comprehensive reform plan or, if a State does not have
a comprehensive reform plan, a description of how the
educational flexibility plan is coordinated with activities
described in section 1111(b);
``(v) a description of how the State educational agency
will evaluate, consistent with the requirements of title I,
the performance of students in the schools and local
educational agencies affected by the waivers; and
``(vi) a description of how the State educational agency
will meet the requirements of paragraph (8).
``(B) Approval and considerations.--The Secretary may
approve an application described in subparagraph (A) only if
the Secretary determines that such application demonstrates
substantial promise of assisting the State educational agency
and affected local educational agencies and schools within
the State in carrying out comprehensive educational reform,
after considering--
``(i) the eligibility of the State as described in
paragraph (2);
``(ii) the comprehensiveness and quality of the educational
flexibility plan described in subparagraph (A);
``(iii) the ability of the educational flexibility plan to
ensure accountability for the activities and goals described
in such plan;
``(iv) the degree to which the State's objectives described
in subparagraph (A)(iii)--
``(I) are clear and have the ability to be assessed; and
``(II) take into account the performance of local
educational agencies or schools, and students, particularly
those affected by waivers;
``(v) the significance of the State statutory or regulatory
requirements relating to education that will be waived; and
``(vi) the quality of the State educational agency's
process for approving applications for waivers of Federal
statutory or regulatory requirements as described in
paragraph (1)(A) and for monitoring and evaluating the
results of such waivers.
``(4) Local application.--
``(A) In general.--Each local educational agency or school
requesting a waiver of a Federal statutory or regulatory
requirement as described in paragraph (1)(A) and any relevant
State statutory or regulatory requirement from a State
educational agency shall submit an application to the State
educational agency at such time, in such manner, and
containing such information as the State educational agency
may reasonably require. Each such application shall--
``(i) indicate each Federal program affected and each
statutory or regulatory requirement that will be waived;
``(ii) describe the purposes and overall expected results
of waiving each such requirement;
``(iii) describe, for each school year, specific,
measurable, educational goals for each local educational
agency or school affected by the proposed waiver, and for the
students served by the local educational agency or school who
are affected by the waiver;
``(iv) explain why the waiver will assist the local
educational agency or school in reaching such goals; and
``(v) in the case of an application from a local
educational agency, describe how the local educational agency
will meet the requirements of paragraph (8).
``(B) Evaluation of applications.--A State educational
agency shall evaluate an application submitted under
subparagraph (A) in accordance with the State's educational
flexibility plan described in paragraph (3)(A).
``(C) Approval.--A State educational agency shall not
approve an application for a waiver under this paragraph
unless--
``(i) the local educational agency or school requesting
such waiver has developed a local reform plan that is
applicable to such agency or school, respectively;
``(ii) the waiver of Federal statutory or regulatory
requirements as described in paragraph (1)(A) will assist the
local educational agency or school in reaching its
educational goals, particularly goals with respect to school
and student performance; and
``(iii) the State educational agency is satisfied that the
underlying purposes of the statutory requirements of each
program for which a waiver is granted will continue to be
met.
``(D) Termination.--The State educational agency shall
annually review the performance of any local educational
agency or school granted a waiver of Federal statutory or
regulatory requirements as described in paragraph (1)(A) in
accordance with the evaluation requirement described in
paragraph (3)(A)(v), and shall terminate any waiver granted
to the local educational agency or school if the State
educational agency determines, after notice and an
opportunity for a hearing, that the local educational agency
or school's performance with respect to meeting the
accountability requirement described in paragraph (2)(C) and
the goals described in paragraph (4)(A)(iii)--
``(i) has been inadequate to justify continuation of such
waiver; or
``(ii) has decreased for two consecutive years, unless the
State educational agency determines that the decrease in
performance was justified due to exceptional or
uncontrollable circumstances.
``(5) Oversight and reporting.--
``(A) Oversight.--Each State educational agency
participating in the educational flexibility program under
this section shall annually monitor the activities of local
educational agencies and schools receiving waivers under this
section.
``(B) State reports.--
``(i) Annual reports.--The State educational agency shall
submit to the Secretary an annual report on the results of
such oversight and the impact of the waivers on school and
student performance.
``(ii) Performance data.--Not later than 2 years after the
date a State is designated an Ed-
[[Page S3109]]
Flex Partnership State, each such State shall include, as
part of the State's annual report submitted under clause (i),
data demonstrating the degree to which progress has been made
toward meeting the State's educational objectives. The data,
when applicable, shall include--
``(I) information on the total number of waivers granted
for Federal and State statutory and regulatory requirements
under this section, including the number of waivers granted
for each type of waiver;
``(II) information describing the effect of the waivers on
the implementation of State and local educational reforms
pertaining to school and student performance;
``(III) information describing the relationship of the
waivers to the performance of schools and students affected
by the waivers; and
``(IV) an assurance from State program managers that the
data reported under this section are reliable, complete, and
accurate, as defined by the State, or a description of a plan
for improving the reliability, completeness, and accuracy of
such data as defined by the State.
``(C) Secretary's reports.--The Secretary, not later than 2
years after the date of enactment of the Education
Flexibility Partnership Act of 1999 and annually thereafter,
shall--
``(i) make each State report submitted under subparagraph
(B) available to Congress and the public; and
``(ii) submit to Congress a report that summarizes the
State reports and describes the effects that the educational
flexibility program under this section had on the
implementation of State and local educational reforms and on
the performance of students affected by the waivers.
``(6) Duration of federal waivers.--
``(A) In general.--The Secretary shall not approve the
application of a State educational agency under paragraph (3)
for a period exceeding 5 years, except that the Secretary may
extend such period if the Secretary determines that such
agency's authority to grant waivers--
``(i) has been effective in enabling such State or affected
local educational agencies or schools to carry out their
State or local reform plans and to continue to meet the
accountability requirement described in paragraph (2)(C); and
``(ii) has improved student performance.
``(B) Performance review.--Three years after the date a
State is designated an Ed-Flex Partnership State, the
Secretary shall review the performance of the State
educational agency in granting waivers of Federal statutory
or regulatory requirements as described in paragraph (1)(A)
and shall terminate such agency's authority to grant such
waivers if the Secretary determines, after notice and an
opportunity for a hearing, that such agency's performance
(including performance with respect to meeting the objectives
described in paragraph (3)(A)(iii)) has been inadequate to
justify continuation of such authority.
``(C) Renewal.--In deciding whether to extend a request for
a State educational agency's authority to issue waivers under
this section, the Secretary shall review the progress of the
State educational agency to determine if the State
educational agency--
``(i) has made progress toward achieving the objectives
described in the application submitted pursuant to paragraph
(3)(A)(iii); and
``(ii) demonstrates in the request that local educational
agencies or schools affected by the waiver authority or
waivers have made progress toward achieving the desired
results described in the application submitted pursuant to
paragraph (4)(A)(iii).
``(7) Authority to issue waivers.--Notwithstanding any
other provision of law, the Secretary is authorized to carry
out the educational flexibility program under this section
for each of the fiscal years 1999 through 2004.
``(8) Public notice and comment.--Each State educational
agency seeking waiver authority under this section and each
local educational agency seeking a waiver under this
section--
``(A) shall provide the public with adequate and efficient
notice of the proposed waiver authority or waiver, consisting
of a description of the agency's application for the proposed
waiver authority or waiver in a widely read or distributed
medium, including a description of any improved student
performance that is expected to result from the waiver
authority or waiver;
``(B) shall provide the opportunity for parents, educators,
and all other interested members of the community to comment
regarding the proposed waiver authority or waiver;
``(C) shall provide the opportunity described in
subparagraph (B) in accordance with any applicable State law
specifying how the comments may be received, and how the
comments may be reviewed by any member of the public; and
``(D) shall submit the comments received with the agency's
application to the Secretary or the State educational agency,
as appropriate.
``(b) Included Programs.--The statutory or regulatory
requirements referred to in subsection (a)(1)(A) are any such
requirements for programs carried out under the following
provisions:
``(1) Title I (other than subsections (a) and (c) of
section 1116).
``(2) Subparts 1, 2, and 3 of part A of title II.
``(3) Subpart 2 of part A of title V (other than section
5136).
``(4) Part A of title IV.
``(5) Part A of title VI.
``(6) Part C of title VII.
``(7) The Carl D. Perkins Vocational and Technical
Education Act of 1998.
``(c) Waivers Not Authorized.--The Secretary and the State
educational agency may not waive under subsection (a)(1)(A)
any statutory or regulatory requirement--
``(1) relating to--
``(A) maintenance of effort;
``(B) comparability of services;
``(C) equitable participation of students and professional
staff in private schools;
``(D) parental participation and involvement;
``(E) distribution of funds to States or to local
educational agencies;
``(F) serving eligible school attendance areas in rank
order under section 1113(a)(3);
``(G) the selection of a school attendance area or school
under subsections (a) and (b) of section 1113, except that a
State educational agency may grant a waiver to allow a school
attendance area or school to participate in activities under
part A of title I if the percentage of children from low-
income families in the school attendance area of such school
or who attend such school is not less than 10 percentage
points below the lowest percentage of such children for any
school attendance area or school of the local educational
agency that meets the requirements of such subsections (a)
and (b);
``(H) use of Federal funds to supplement, not supplant,
non-Federal funds; and
``(I) applicable civil rights requirements; and
``(2) unless the underlying purposes of the statutory
requirements of the program for which a waiver is granted
continue to be met to the satisfaction of the Secretary.
``(d) Treatment of Existing Ed-Flex Partnership States.--
``(1) In general.--Except as provided in paragraphs (3) and
(4), this section shall not apply to a State educational
agency that has been granted waiver authority under the
provisions of law described in paragraph (2) (as such
provisions were in effect on the day before the date of
enactment of the Educational Opportunities Act) for the
duration of the waiver authority.
``(2) Applicable provisions.--The provisions of law
referred to in paragraph (1) are as follows:
``(A) Section 311(e) of the Goals 2000: Educate America Act
(as such section was in effect on the day before the date of
enactment of the Educational Opportunities Act).
``(B) The proviso referring to such section 311(e) under
the heading `education reform' in the Department of Education
Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-
229).
``(3) Special rule.--If a State educational agency granted
waiver authority pursuant to the provisions of law described
in subparagraph (A) or (B) of paragraph (2) applies to the
Secretary for waiver authority under this section--
``(A) the Secretary shall review the progress of the State
educational agency in achieving the objectives set forth in
the application submitted pursuant to section 311(e) of the
Goals 2000: Educate America Act (as such section was in
effect on the day before the date of enactment of the
Educational Opportunities Act); and
``(B) the Secretary shall administer the waiver authority
granted under this section in accordance with the
requirements of this section.
``(4) Technology.--In the case of a State educational
agency granted waiver authority under the provisions of law
described in subparagraph (A) or (B) of paragraph (2), the
Secretary shall permit a State educational agency to expand,
on or after the date of the enactment of the Educational
Opportunities Act, the waiver authority to include programs
under subpart 2 of part A of title V (other than section
5136).
``(e) Publication.--A notice of the Secretary's decision to
authorize State educational agencies to issue waivers under
this section, including a description of the rationale the
Secretary used to approve applications under subsection
(a)(3)(B), shall be published in the Federal Register and the
Secretary shall provide for the dissemination of such notice
to State educational agencies, interested parties (including
educators, parents, students, and advocacy and civil rights
organizations), and the public.
``PART D--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
``SEC. 6401. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR
ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.
``(a) Consolidation of Administrative Funds.--
``(1) In general.--A State educational agency may
consolidate the amounts specifically made available to such
agency for State administration under one or more of the
programs specified under paragraph (2) if such State
educational agency can demonstrate that the majority of such
agency's resources come from non-Federal sources.
``(2) Applicability.--This section applies to programs
under title I, those covered programs described in
subparagraphs (C), (D), (E), and (F) of section 3(10).
``(b) Use of Funds.--
``(1) In general.--A State educational agency shall use the
amount available under this section for the administration of
the programs included in the consolidation under subsection
(a).
``(2) Additional uses.--A State educational agency may also
use funds available under this section for administrative
activities designed to enhance the effective and coordinated
use of funds under the programs included in the consolidation
under subsection (a), such as--
``(A) the coordination of such programs with other Federal
and non-Federal programs;
``(B) the establishment and operation of peer-review
mechanisms under this Act;
``(C) the coordinated administration of such programs;
``(D) the dissemination of information regarding model
programs and practices; and
``(E) technical assistance under programs specified in
subsection (a)(2).
``(c) Records.--A State educational agency that
consolidates administrative funds under this section shall
not be required to keep separate records, by individual
program, to account for costs relating to the administration
of programs included in the consolidation under subsection
(a).
[[Page S3110]]
``(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under
this section and take such steps as the Secretary finds
appropriate to ensure the effectiveness of such
administration.
``(e) Unused Administrative Funds.--If a State educational
agency does not use all of the funds available to such agency
under this section for administration, such agency may use
such funds during the applicable period of availability as
funds available under one or more programs included in the
consolidation under subsection (a).
``(f) Consolidation of Funds for Standards and Assessment
Development.--In order to develop challenging State standards
and assessments, a State educational agency may consolidate
the amounts made available to such agency for such purposes
under title I of this Act.
``SEC. 6402. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
``A State educational agency that also serves as a local
educational agency, in such agency's applications or plans
under this Act, shall describe how such agency will eliminate
duplication in the conduct of administrative functions.
``SEC. 6403. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
``(a) General Authority.--In accordance with regulations of
the Secretary, a local educational agency, with the approval
of its State educational agency, may consolidate and use for
the administration of one or more covered programs for any
fiscal year not more than the percentage, established in each
covered program, of the total amount available to the local
educational agency under such covered programs.
``(b) State Procedures.--Not later than one year after the
date of enactment of the Educational Opportunities Act, a
State educational agency shall, in collaboration with local
educational agencies in the State, establish procedures for
responding to requests from local educational agencies to
consolidate administrative funds under subsection (a) and for
establishing limitations on the amount of funds under covered
programs that may be used for administration on a
consolidated basis.
``(c) Conditions.--A local educational agency that
consolidates administrative funds under this section for any
fiscal year shall not use any other funds under the programs
included in the consolidation for administration for that
fiscal year.
``(d) Uses of Administrative Funds.--A local educational
agency that consolidates administrative funds under this
section may use such consolidated funds for the
administration of covered programs and for the uses described
in section 6401(b)(2).
``(e) Records.--A local educational agency that
consolidates administrative funds under this section shall
not be required to keep separate records, by individual
covered program, to account for costs relating to the
administration of covered programs included in the
consolidation.
``SEC. 6404. ADMINISTRATIVE FUNDS EVALUATION.
``(a) Federal Funds Evaluation.--
``(1) In general.--The Secretary shall conduct an
evaluation of the use of funds under this Act for the
administration, by State and local educational agencies, of
all covered programs, including the percentage of grant funds
used for such purpose in all covered programs. The evaluation
shall examine--
``(A) the methods employed by schools, local educational
agencies, and State educational agencies to reduce
administrative expenses and maximize the use of funds for
activities directly affecting student learning; and
``(B) the steps which may be taken to assist schools, local
educational agencies, and State educational agencies to
account for and reduce administrative expenses.
``(2) State data.--Beginning in fiscal year 2001 and each
succeeding fiscal year thereafter, each State educational
agency which receives funds under title I shall submit to the
Secretary a report on the use of title I funds for the State
administration of activities assisted under title I. Such
report shall include the proportion of State administrative
funds provided under section 1603 that are expended for--
``(A) basic program operation and compliance monitoring;
``(B) statewide program services such as development of
standards and assessments, curriculum development, and
program evaluation; and
``(C) technical assistance and other direct support to
local educational agencies and schools.
``(3) Federal funds evaluation report.--The Secretary shall
complete the evaluation conducted under this section not
later than July 1, 2004, and shall submit to the President
and the appropriate committees of Congress a report regarding
such evaluation within 30 days of the completion of such
evaluation.
``SEC. 6405. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE
INTERIOR FUNDS.
``(a) General Authority.--
``(1) Transfer.--The Secretary shall transfer to the
Department of the Interior, as a consolidated amount for
covered programs, the Indian education programs under part A
of title IX, and the education for homeless children and
youth program under subtitle B of title VII of the Stewart B.
McKinney Homeless Assistance Act, the amounts allotted to the
Department of the Interior under those programs.
``(2) Agreement.--
``(A) In general.--The Secretary and the Secretary of the
Interior shall enter into an agreement, consistent with the
requirements of the programs specified in paragraph (1), for
the distribution and use of those program funds under terms
that the Secretary determines best meet the purposes of those
programs.
``(B) Requirements.--The agreement shall--
``(i) set forth the plans of the Secretary of the Interior
for the use of the amount transferred, the steps to be taken
to achieve America's Education Goals, and performance
measures to assess program effectiveness, including
measurable goals and objectives; and
``(ii) be developed in consultation with Indian tribes.
``(b) Administration.--The Department of the Interior may
use not more than 1.5 percent of the funds consolidated under
this section for such department's costs related to the
administration of the funds transferred under this section.
``SEC. 6406. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.
``(a) Unneeded Program Funds.--With the approval of its
State educational agency, a local educational agency that
determines for any fiscal year that funds under a covered
program (other than part A of title I) are not needed for the
purpose of that covered program, may use such funds, not to
exceed five percent of the total amount of such local
educational agency's funds under that covered program, for
the purpose of another covered program.
``(b) Coordination of Services.--A local educational
agency, individual school, or consortium of schools may use a
total of not more than five percent of the funds such agency,
school, or consortium, respectively, receives under this part
for the establishment and implementation of a coordinated
services project.
``PART E--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
``SEC. 6501. PURPOSE.
``It is the purpose of this part to improve teaching and
learning by encouraging greater cross-program coordination,
planning, and service delivery under this Act and enhanced
integration of programs under this Act with educational
activities carried out with State and local funds.
``SEC. 6502. OPTIONAL CONSOLIDATED STATE PLANS OR
APPLICATIONS.
``(a) General Authority.--
``(1) Simplification.--In order to simplify application
requirements and reduce the burden for State educational
agencies under this Act, the Secretary, in accordance with
subsection (b), shall establish procedures and criteria under
which a State educational agency may submit a consolidated
State plan or a consolidated State application meeting the
requirements of this section for--
``(A) each of the covered programs in which the State
participates; and
``(B) the additional programs described in paragraph (2).
``(2) Additional programs.--A State educational agency may
also include in its consolidated State plan or consolidated
State application--
``(A) the Even Start program under part B of title I;
``(B) the Prevention and Intervention Programs for Youth
Who Are Neglected, Delinquent, or At-Risk of Dropping Out
under part D of title I;
``(C) programs under Public Law 103-239; and
``(D) such other programs as the Secretary may designate.
``(3) Consolidated applications and plans.--A State
educational agency that submits a consolidated State plan or
a consolidated State application under this section shall not
be required to submit separate State plans or applications
under any of the programs to which the consolidated State
plan or consolidated State application under this section
applies.
``(b) Collaboration.--
``(1) In general.--In establishing criteria and procedures
under this section, the Secretary shall collaborate with
State educational agencies and, as appropriate, with other
State agencies, local educational agencies, public and
private nonprofit agencies, organizations, and institutions,
private schools, and representatives of parents, students,
and teachers.
``(2) Contents.--Through the collaborative process
described in subsection (b)(1), the Secretary shall
establish, for each program under this Act to which this
section applies, the descriptions, information, assurances,
and other material required to be included in a consolidated
State plan or consolidated State application.
``(3) Necessary materials.--The Secretary shall require
only descriptions, information, assurances, and other
materials that are absolutely necessary for the consideration
of the consolidated State plan or consolidated State
application.
``SEC. 6503. GENERAL APPLICABILITY OF STATE EDUCATIONAL
AGENCY ASSURANCES.
``(a) Assurances.--A State educational agency that submits
a consolidated State plan or consolidated State application
under this Act, whether separately or under section 6502,
shall have on file with the Secretary a single set of
assurances, applicable to each program for which such plan or
application is submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds
will be in a public agency, in a nonprofit private agency,
institution, or organization, or in an Indian tribe if the
law authorizing the program provides for assistance to such
entities; and
``(B) the public agency, nonprofit private agency,
institution, or organization, or Indian
[[Page S3111]]
tribe will administer such funds and property to the extent
required by the authorizing law;
``(3) the State will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by law on
agencies, institutions, organizations, and other recipients
responsible for carrying out each program;
``(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or
evaluation; and
``(C) the adoption of written procedures for the receipt
and resolution of complaints alleging violations of law in
the administration of such programs;
``(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
``(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to the State under
each such program;
``(6) the State will--
``(A) make reports to the Secretary as may be necessary to
enable the Secretary to perform the Secretary's duties under
each such program; and
``(B) maintain such records, provide such information to
the Secretary, and afford access to the records as the
Secretary may find necessary to carry out the Secretary's
duties; and
``(7) before the plan or application was submitted to the
Secretary, the State has afforded a reasonable opportunity
for public comment on the plan or application and has
considered such comment.
``(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to this part.
``SEC. 6504. ADDITIONAL COORDINATION.
``(a) Additional Coordination.--In order to explore ways
for State educational agencies to reduce administrative
burdens and promote the coordination of the education
services of this Act with other health and social service
programs administered by such agencies, the Secretary is
directed to seek agreements with other Federal agencies
(including the Departments of Health and Human Services,
Justice, Labor and Agriculture) for the purpose of
establishing procedures and criteria under which a State
educational agency would submit a consolidated State plan or
consolidated State application that meets the requirements of
the covered programs.
``(b) Report.--The Secretary shall report to the relevant
committees of Congress not later than 6 months after the date
of enactment of the Educational Opportunities Act.
``SEC. 6505. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
``(a) General Authority.--A local educational agency
receiving funds under more than one covered program may
submit plans or applications to the State educational agency
under such programs on a consolidated basis.
``(b) Required Consolidated Plans or Applications.--A State
educational agency that has submitted and had approved a
consolidated State plan or application under section 6502 may
require local educational agencies in the State receiving
funds under more than one program included in the
consolidated State plan or consolidated State application to
submit consolidated local plans or applications under such
programs.
``(c) Collaboration.--A State educational agency shall
collaborate with local educational agencies in the State in
establishing procedures for the submission of the
consolidated State plans or consolidated State applications
under this section.
``(d) Necessary Materials.--The State educational agency
shall require only descriptions, information, assurances, and
other material that are absolutely necessary for the
consideration of the local educational agency plan or
application.
``SEC. 6506. OTHER GENERAL ASSURANCES.
``(a) Assurances.--Any applicant other than a State
educational agency that submits a plan or application under
this Act, whether separately or pursuant to section 6504,
shall have on file with the State educational agency a single
set of assurances, applicable to each program for which a
plan or application is submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds
will be in a public agency or in a nonprofit private agency,
institution, organization, or Indian tribe, if the law
authorizing the program provides for assistance to such
entities; and
``(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will administer
such funds and property to the extent required by the
authorizing statutes;
``(3) the applicant will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by law on
agencies, institutions, organizations, and other recipients
responsible for carrying out each program; and
``(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or
evaluation;
``(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the State
educational agency, the Secretary or other Federal officials;
``(5) the applicant will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to such applicant
under each such program;
``(6) the applicant will--
``(A) make reports to the State educational agency and the
Secretary as may be necessary to enable such agency and the
Secretary to perform their duties under each such program;
and
``(B) maintain such records, provide such information, and
afford access to the records as the State educational agency
or the Secretary may find necessary to carry out the State
educational agency's or the Secretary's duties; and
``(7) before the application was submitted, the applicant
afforded a reasonable opportunity for public comment on the
application and has considered such comment.
``(b) GEPA Provision.--Section 442 of the General Education
Provisions Act shall not apply to this part.
``SEC. 6507. RELATIONSHIP OF STATE AND LOCAL PLANS TO OTHER
PLANS.
``(a) State Plans.--Each State plan submitted under the
following programs shall be integrated with each other and
the State's improvement plan, if any, either approved or
being developed, under Public Law 103-239, and the Carl D.
Perkins Vocational and Technical Education Act of 1998:
``(1) Part A of title I (helping disadvantaged children
meet high standards).
``(2) Part C of title I (education of migratory children).
``(3) Title II (professional development).
``(4) Title IV (safe and drug-free schools).
``(5) Part A of title VI (innovative education program
strategies).
``(6) Subpart 4 of part A of title IX (Indian education).
``(b) Local Plans.--
``(1) In general.--Each local educational agency plan
submitted under the following programs shall be integrated
with each other:
``(A) Part A of title I (helping disadvantaged children
meet high standards).
``(B) Title II (professional development).
``(C) Title IV (safe and drug-free schools).
``(D) Part A of title VI (innovative education program
strategies).
``(E) Subpart 1 of part A of title VII (bilingual
education).
``(F) Part C of title VII (emergency immigrant education).
``(G) Subpart 4 of part A of title IX (Indian education).
``(2) Plan of operation.--Each plan of operation included
in an application submitted by an eligible entity under part
B of title I (Even Start) shall be consistent with, and
promote the goals of the State plan under section 1111 and
the local educational agency plan under section 1112.
``PART F--WAIVERS
``SEC. 6601. WAIVERS OF STATUTORY AND REGULATORY
REQUIREMENTS.
``(a) In General.--Except as provided in subsection (c),
the Secretary may waive any statutory or regulatory
requirement of this Act for a State educational agency, local
educational agency, Indian tribe, or school through a local
educational agency, that--
``(1) receives funds under a program authorized by this
Act; and
``(2) requests a waiver under subsection (b).
``(b) Request for Waiver.--
``(1) In general.--A State educational agency, local
educational agency, or Indian tribe which desires a waiver
shall submit a waiver request to the Secretary that--
``(A) identifies the Federal programs affected by such
requested waiver;
``(B) describes which Federal requirements are to be waived
and how the waiving of such requirements will--
``(i) increase the quality of instruction for students; or
``(ii) improve the academic performance of students;
``(C) if applicable, describes which similar State and
local requirements will be waived and how the waiving of such
requirements will assist the local educational agencies,
Indian tribes or schools, as appropriate, to achieve the
objectives described in clauses (i) and (ii) of subparagraph
(B);
``(D) describes specific, measurable educational
improvement goals and expected outcomes for all affected
students;
``(E) describes the methods to be used to measure progress
in meeting such goals and outcomes; and
``(F) describes how schools will continue to provide
assistance to the same populations served by programs for
which waivers are requested.
``(2) Additional information.--Such requests--
``(A) may provide for waivers of requirements applicable to
State educational agencies, local educational agencies,
Indian tribes, and schools; and
``(B) shall be developed and submitted--
``(i)(I) by local educational agencies (on behalf of such
agencies and schools) to State educational agencies; and
``(II) by State educational agencies (on behalf of, and
based upon the requests of, local educational agencies) to
the Secretary; or
``(ii) by Indian tribes (on behalf of schools operated by
such tribes) to the Secretary.
``(3) General requirements.--
``(A) State educational agencies.--In the case of a waiver
request submitted by a State educational agency acting in its
own behalf, the State educational agency shall--
``(i) provide all interested local educational agencies in
the State with notice and a reasonable opportunity to comment
on the request;
``(ii) submit the comments to the Secretary; and
``(iii) provide notice and information to the public
regarding the waiver request in the manner that the applying
agency customarily provides similar notices and information
to the public.
[[Page S3112]]
``(B) Local educational agencies.--In the case of a waiver
request submitted by a local educational agency that receives
funds under this Act--
``(i) such request shall be reviewed by the State
educational agency and be accompanied by the comments, if
any, of such State educational agency; and
``(ii) notice and information regarding the waiver request
shall be provided to the public by the agency requesting the
waiver in the manner that such agency customarily provides
similar notices and information to the public.
``(c) Restrictions.--The Secretary shall not waive under
this section any statutory or regulatory requirements
relating to--
``(1) the allocation or distribution of funds to States,
local educational agencies, or other recipients of funds
under this Act;
``(2) maintenance of effort;
``(3) comparability of services;
``(4) use of Federal funds to supplement, not supplant,
non-Federal funds;
``(5) equitable participation of private school students
and teachers;
``(6) parental participation and involvement;
``(7) applicable civil rights requirements;
``(8) the requirement for a charter school under part D of
title V;
``(9) the prohibitions regarding--
``(A) State aid in section 10102; or
``(B) use of funds for religious worship or instruction in
section 10107; or
``(10) the selection of a school attendance area or school
under subsections (a) and (b) of section 1113, except that
the Secretary may grant a waiver to allow a school attendance
area or school to participate in activities under part A of
title I if the percentage of children from low-income
families in the school attendance area of such school or who
attend such school is not less than 10 percentage points
below the lowest percentage of such children for any school
attendance area or school of the local educational agency
that meets the requirements of such subsections (a) and (b).
``(d) Duration and Extension of Waiver.--
``(1) In general.--Except as provided in paragraph (2), the
duration of a waiver approved by the Secretary under this
section may be for a period not to exceed three years.
``(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the Secretary determines that--
``(A) the waiver has been effective in enabling the State
or affected recipients to carry out the activities for which
the waiver was requested and the waiver has contributed to
improved student performance; and
``(B) such extension is in the public interest.
``(e) Reports.--
``(1) Local waiver.--A local educational agency that
receives a waiver under this section shall at the end of the
second year for which a waiver is received under this
section, and each subsequent year, submit a report to the
State educational agency that--
``(A) describes the uses of such waiver by such agency or
by schools;
``(B) describes how schools continued to provide assistance
to the same populations served by the programs for which
waivers are requested; and
``(C) evaluates the progress of such agency and of schools
in improving the quality of instruction or the academic
performance of students.
``(2) State waiver.--A State educational agency that
receives reports required under paragraph (1) shall annually
submit a report to the Secretary that is based on such
reports and contains such information as the Secretary may
require.
``(3) Indian tribe waiver.--An Indian tribe that receives a
waiver under this section shall annually submit a report to
the Secretary that--
``(A) describes the uses of such waiver by schools operated
by such tribe; and
``(B) evaluates the progress of such schools in improving
the quality of instruction or the academic performance of
students.
``(4) Report to congress.--Beginning in fiscal year 2001
and each subsequent year, the Secretary shall submit 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--
``(A) summarizing the uses of waivers by State educational
agencies, local educational agencies, Indian tribes, and
schools; and
``(B) describing whether such waivers--
``(i) increased the quality of instruction to students; or
``(ii) improved the academic performance of students.
``(f) Termination of Waivers.--The Secretary shall
terminate a waiver under this section if the Secretary
determines that the performance of the State or other
recipient affected by the waiver has been inadequate to
justify a continuation of the waiver or if the waiver is no
longer necessary to achieve its original purposes.
``(g) Publication.--A notice of the Secretary's decision to
grant each waiver under subsection (a) shall be published in
the Federal Register and the Secretary shall provide for the
dissemination of such notice to State educational agencies,
interested parties, including educators, parents, students,
advocacy and civil rights organizations, and the public.
``PART G--EDUCATION PERFORMANCE PARTNERSHIPS
``SEC. 6701. SHORT TITLE.
``This part may be cited as the `Education Performance
Partnerships Act'.
``SEC. 6702. PURPOSE.
The purpose of this part is to create options for States
and communities--
``(1) to improve the academic achievement of all students,
and to focus the resources of the Federal Government on such
achievement;
``(2) to give States and communities maximum flexibility in
determining how to boost academic achievement and implement
education reforms;
``(3) to hold States and communities accountable for
boosting the academic achievement of all students, especially
disadvantaged children;
``(4) to narrow achievement gaps between the lowest and
highest performing groups of students so that no child is
left behind;
``(5) to give States and local school districts maximum
flexibility to determine how to educate students in return
for standards of accountability that exceed the requirements
of existing Federal law.
``SEC. 6703. PERFORMANCE PARTNERSHIP AGREEMENTS.
``(a) Agreement Authorized.--A State may, at the option of
the State, execute a performance partnership agreement with
the Secretary under which the provisions of law described in
section 6704(a) shall not apply to such State except as
otherwise provided in this part.
``(b) Determination of State Participation.--The Governor
of a State, in consultation with the individual or body
responsible for the education programs of the State under
State law, shall determine whether the State shall
participate in a performance partnership agreement.
``(c) Approval of Performance Partnership Agreement.--
``(1) In general.--A performance partnership agreement
submitted to the Secretary under this section shall be
approved by the Secretary unless the Secretary provides a
written notification, within 60 days after receiving the
performance partnership agreement, that identifies areas of
the agreement that do not comply with the provisions of this
part but that are subject to negotiation under paragraph (2).
``(2) Negotiations.--
``(A) In general.--Not later than 4 months after the date
on which a notification is provided to a State under
paragraph (1), the Secretary shall complete negotiations with
the State concerning the areas of noncompliance identified in
the notification.
``(B) Peer review.--If the Secretary and the State do not
complete negotiations within the 4-month period described in
subparagraph (A), the proposed performance partnership
agreement involved shall be subject to peer review, except
that such 4-month period may be extended for an additional 30
days if the Secretary and the State agree to such a
continuance.
``(3) Resubmission.--A State may resubmit a performance
partnership agreement at any time after such agreement is
rejected by the Secretary. If the Secretary rejects a
performance partnership agreement, a State shall have the
opportunity to request peer review of the rejection.
``(4) Peer review.--
``(A) Establishment of committee.--The Secretary shall
establish a peer review committee to conduct a review of a
performance partnership agreement as provided for under
paragraph (2)(B) or (3).
``(B) Reviewers.--The committee shall be composed of 7
members, of which--
``(i) 2 members shall be appointed by the State submitting
the agreement;
``(ii) 2 members shall be appointed by the Secretary; and
``(iii) 3 members shall be appointed by the National
Academy of Sciences.
``(C) Responsibilities.--The committee shall review the
agreement and, at the discretion of the committee, conduct a
site visit.
``(D) Recommendations.--The committee shall make advisory
recommendations to the Secretary and the State regarding the
agreement, not later than 60 days after receiving the
agreement.
``(E) Decision.--
``(i) In general.--Except as provided in clause (ii), not
later than 30 days after receiving the recommendations, the
Secretary shall decide whether to approve the agreement.
``(ii) Continued negotiations.--Negotiations on the
agreement may continue for as long as the Secretary and the
State agree.
``(d) Terms of Performance Partnership.--Each performance
partnership agreement executed pursuant to this part shall
meet the following requirements:
``(1) Term.--The agreement shall contain a statement that
the term of the performance partnership agreement may be not
more than 5 years.
``(2) Application of program requirements.--The agreement
shall state that no program requirements of any program
included in the performance partnership agreement shall apply
to activities carried out with the program funds, except as
otherwise provided in this part.
``(3) List.--The agreement shall include a list, provided
by the State, of the programs that the State wishes to
include in the performance partnership agreement.
``(4) Use of funds to improve student achievement.--The
agreement shall contain a 5-year plan describing how the
State intends to combine and use the funds from programs
included in the performance partnership agreement to advance
the education priorities of the State, improve student
achievement, and narrow achievement gaps between groups of
students.
``(5) Opportunity for public review and comment.--The
agreement shall include information that demonstrates that
the State has, as provided for under the laws of the State,
provided parents, teachers, and local educational agencies
with notice and an opportunity to comment on a proposed
performance partnership agreement prior to the submission of
such agreement to the Secretary.
``(6) Accountability system requirements.--If the State
includes any program under part A of title I in the
performance partnership agreement the State shall include a
certification that--
[[Page S3113]]
``(A)(i) the State has developed and implemented the
challenging State content standards, challenging State
student performance standards, and aligned assessments
described in section 1111(b); or
``(ii) the State has developed and implemented a system to
measure the degree of change from 1 school year to the next
in student performance on such aligned assessments;
``(B) the State has established a system under which
assessment information obtained through an assessment or
measurement described in subparagraph (A) is disaggregated by
race, ethnicity, English proficiency status, and
socioeconomic status for the State, each local educational
agency, and each school, except that such disaggregation
shall not be required in cases in which--
``(i) the number of students in any group that would result
would be insufficient to yield statistically reliable
information; or
``(ii) the disaggregated information would reveal the
identity of an individual student;
``(C) the State has established specific, measurable,
student performance objectives for determining adequate
yearly progress (referred to in this part as `performance
objectives'), including--
``(i) a definition of performance considered to be adequate
and inadequate by the State on the assessment or measurement
instruments described in subparagraph (A) (and (B)), for all
students; and
``(ii) the objective of improving the performance of all
student groups and narrowing gaps in achievement between the
lowest and highest performing students; and
``(D) the State has developed and implemented a statewide
system for holding local educational agencies and schools in
the State accountable for student performance on the
performance objectives that includes--
``(i) a procedure for identifying local educational
agencies and schools in need of improvement;
``(ii) a procedure for assisting and building capacity in
local educational agencies and schools identified as needing
improvement, to improve teaching and learning; and
``(iii) a procedure for implementing corrective actions if
the provision of assistance and capacity building described
in clause (ii) is not effective.
``(7) Performance goals.--
``(A) Student achievement data.--Each State shall
establish, and include in the agreement, student performance
goals for the 5-year term of the agreement that, at a
minimum--
``(i) establish a single high standard of performance for
all students;
``(ii) take into account the progress of students from
every local educational agency and school in the State
participating in a program subject to the performance
partnership agreement;
``(iii) measure changes in the percentages of students at
selected grade levels meeting specified proficiency levels of
achievement (established by the State) in each year of the
performance partnership agreement, compared to such
percentages in the baseline year (as described in
subparagraph (C));
``(iv) set annual goals for improving the performance of
each group specified in paragraph (6)(B) and for narrowing
gaps in performance between the highest and lowest performing
students in accordance with section 6710(b); and
``(v) require all students served by a local educational
agency or school in the State participating in a program
subject to the performance partnership agreement to make
substantial gains in achievement.
``(B) Additional performance indicators.--A State may
identify in the performance partnership agreement any
additional performance indicator such as graduation, dropout,
or attendance rates.
``(C) Baseline performance data.--To determine the
percentages of students at selected grade levels meeting
specified proficiency levels of achievement for the baseline
year, the State shall use the most recent achievement data
available on the date on which the State and the Secretary
execute the performance partnership agreement.
``(D) Consistency of performance measures.--A State shall
maintain, at a minimum, the same challenging State student
performance standards, and consistent aligned assessments or
measures, as specified in the performance partnership
agreement involved, throughout the term of the agreement.
``(8) Annual report.--The agreement shall include an
assurance that not later than 2 years after the date of the
execution of the performance partnership agreement, and
annually thereafter, the State shall disseminate widely to
the general public, submit to the Secretary, distribute to
print and broadcast media, and post on the Internet, a report
that includes--
``(A) student performance data obtained through an
assessment or measurement conducted under paragraph (6)(A),
disaggregated as provided in paragraph (6)(B); and
``(B) a detailed description of how the State has used
Federal funds to improve student performance and reduce
achievement gaps to meet the terms of the performance
partnership agreement.
``(9) Compliance.--The agreement shall include an assurance
that the State educational agency was in compliance with the
requirements of this Act as such Act was in effect on the
date of enactment of this part.
``(10) Alignment with reform plan.--The agreement shall
contain an assurance that the plan described in paragraph (4)
is aligned with the State's reform plan for elementary and
secondary education.
``(11) Fiscal responsibilities.--The agreement shall
include an assurance that the State will use fiscal control
and fund accounting procedures that will ensure proper
disbursements of, and accounting for, Federal funds provided
to the State under this part.
``(12) Implementation schedule.--The agreement shall
include a schedule for implementation of the plan described
in paragraph (4) that aligns the plan with the school
calendar for elementary schools and secondary schools in the
State.
``(13) Timeline for reporting student performance data.--
The agreement shall contain a timeline for reporting student
performance data obtained through an assessment or
measurement conducted under paragraph (6)(A), based on the
State's assessment schedule.
``(e) Amendment to Performance Partnership Agreement.--
``(1) In general.--The State may modify the terms of the
performance partnership agreement--
``(A) by submitting to the Secretary, and obtaining the
approval of the Secretary on, an amendment described in
paragraph (2); or
``(B) by providing notice to the Secretary of the State's
intent to make an amendment described in paragraph (3).
``(2) Amendments requiring approval of secretary.--
``(A) Withdrawal of programs.--A State may submit to the
Secretary an amendment that withdraws a program described in
section 6704(a) from the performance partnership agreement.
If the Secretary approves the amendment, the requirements of
applicable law shall apply for the program withdrawn.
``(B) Inclusion of programs.--A State may submit to the
Secretary an amendment that includes an additional program
described in section 6704(a) in the performance partnership
agreement.
``(C) Inclusion of performance objectives.--A State may
submit to the Secretary an amendment that includes in the
agreement an additional performance objective for which local
educational agencies and schools in the State will be held
accountable.
``(3) Amendments not requiring approval of secretary.--A
State, in the discretion of the State, may amend the
performance partnership agreement to modify any term of the
agreement other than a term described in paragraph (2) or
subsection (d)(7)(D).
``SEC. 6704. TREATMENT OF ELIGIBLE PROGRAMS UNDER AGREEMENTS.
``(a) Eligible Programs.--The programs that may be included
in a performance partnership agreement under this part are
the programs authorized under the following provisions of
law:
``(1) Part A of title I.
``(2) Part B of title I.
``(3) Part C of title I.
``(4) Section 1502.
``(5) Subparts 1, 2, and 3 of part A of title II.
``(6) Part B of title III.
``(7) Section 5132.
``(8) Title VI.
``(9) Part C of title VII.
``(10) Any other provision of this Act that is not in
effect on the date of enactment of the Educational
Opportunities Act under which the Secretary provides grants
to States on the basis of a formula.
``(11) Section 310 of the Department of Education
Appropriations Act, 2000.
``(12) Title III of the Goals 2000: Educate America Act.
``(13) Subtitle B of title VII of the Stewart B. McKinney
Homeless Assistance Act.
``(b) Excluded Provisions.--Each State entering into a
performance partnership agreement under this part shall
comply with any statutory or regulatory requirement
applicable to a program described in subsection (a) relating
to--
``(1) maintenance of effort;
``(2) comparability of services;
``(3) equitable participation of students and professional
staff of private schools;
``(4) parental participation and involvement;
``(5) in the case of a program carried out under part A of
title I, the serving of eligible school attendance areas in
rank order under section 1113(a)(3);
``(6) in the case of a program carried out under part A of
title I, the selection of a school attendance area or school
under subsections (a) and (b) of section 1113, except that a
State may grant a waiver to allow a school attendance area or
school to participate in activities under part A of title I
of such Act if the percentage of children from low-income
families (within the meaning of section 6303(c)(1)(G)) in the
school attendance area of such school or who attend such
school is not less than 10 percentage points below the lowest
percentage of such children for any school attendance area or
school served by the local educational agency that meets the
requirements of such subsections (a) and (b);
``(7) use of Federal funds to supplement, not supplant,
non-Federal funds; and
``(8) applicable civil rights requirements.
``(c) Combination of Funds Under Agreement.--A State that
includes programs described in subsection (a) in a
partnership performance agreement may combine funds from any
or all of the programs without regard to the program
requirements of the programs, except--
``(1) as otherwise provided in this part; and
``(2) that formulas for the program for the allotment of
Federal funds to States shall remain in effect except as
otherwise provided in Federal law.
``(d) Uses of Funds Under Agreement.--Funds made available
to a State under this part shall be used for educational
purposes, including--
``(1) carrying out activities focused on improved student
learning;
``(2) providing new books;
``(3) providing additional technology;
``(4) promoting high standards and conducting assessments;
``(5) conducting teacher hiring and making improvements in
the quality of teaching;
``(6) reducing class sizes;
[[Page S3114]]
``(7) operating alternative schools;
``(8) constructing schools;
``(9) supporting special education;
``(10) operating charter schools;
``(11) promoting character education;
``(12) conducting dropout prevention activities; and
``(13) providing tutoring and remedial help for struggling
students.
``SEC. 6705. LOCAL PARTICIPATION IN AGREEMENTS.
``(a) Nonparticipating State.--
``(1) In general.--If a State chooses not to submit a
performance partnership agreement under this part, any local
educational agency in such State is eligible, at the option
of the agency, to submit to the Secretary a performance
partnership agreement in accordance with this section.
``(2) Agreement.--The terms of a performance partnership
agreement between an eligible local educational agency
described in this subsection and the Secretary shall specify
the programs to be included in the performance partnership
agreement, as agreed upon by the State and the agency, from
the list specified in section 6704(a).
``(b) State Approval.--In submitting a performance
partnership agreement to the Secretary, the eligible local
educational agency shall provide written documentation from
the State in which such agency is located that the State has
no objection to the local educational agency's proposal for a
performance partnership agreement.
``(c) Application.--
``(1) In general.--Except as provided in this section, and
to the extent practicable, the requirements of this part
shall apply to an eligible local educational agency that
submits a performance partnership agreement in the same
manner and to the same extent as the requirements apply to a
State that submits such an agreement.
``(2) Exceptions.--Sections 6706 (other than section
6706(b)) and 6707 (other than section 6707(d)) shall not
apply to the eligible local educational agency.
``SEC. 6706. WITHIN STATE DISTRIBUTION OF FUNDS.
``(a) In General.--A State that enters into a performance
partnership agreement with respect to programs shall
distribute the funds from the programs to local educational
agencies within the State on the basis of the constitutional
and statutory requirements of the State.
``(b) Targeting for Programs Under Part A of title I.--If a
State includes programs carried out under part A of title I
in the performance partnership agreement, sections 1113,
1124, 1124A, 1125, 1125A, 1126, and 1127 shall apply under
the agreement, except as provided for under part C.
``SEC. 6707. STATE ADMINISTRATIVE EXPENDITURES.
``(a) Part A Program in Agreement.--A State that includes
programs carried out under title I in the State's performance
partnership agreement may use not more than 1 percent of the
total amount of funds allotted to such State under such
programs (as part of the performance partnership agreement)
for administrative purposes.
``(b) Other Programs in Agreement.--
``(1) In general.--With respect to programs included in the
performance partnership agreement of the State other than
programs carried out under title I, the State may use for
administrative purposes, from the total amount of funds
allotted to such State under such non-title I programs (as
part of the performance partnership agreement)--
``(A) for the first school year for which the agreement is
in effect, not more than the total amount provided for
administration under the programs for the preceding school
year;
``(B) for the second such school year, not more than 5
percent, plus 75 percent of the covered reduction, of the
total amount of funds allotted;
``(C) for the third such school year, not more than 5
percent, plus 50 percent of the covered reduction, of the
total amount of funds allotted;
``(D) for the fourth such school year, not more than 5
percent, plus 25 percent of the covered reduction, of the
total amount of funds allotted; and
``(E) for the fifth such school year, not more than 5
percent of the total amount of funds allotted.
``(2) Exception.--Notwithstanding paragraph (1), a State
may use not more than 7 percent of the total amount of funds
allotted to such State under such non-title I programs (as
part of the performance partnership agreement) for
administrative and nonadministrative expenses associated with
statewide or districtwide initiatives directly affecting
classroom learning.
``(3) Definition.--In this subsection, the term `covered
reduction' means the amount obtained by subtracting--
``(A) 5 percent of the total amount of funds allotted to
the State under the programs included in the agreement; from
``(B) the total amount described in paragraph (1)(A).
``(c) Renewal of Agreement.--Upon the renewal of the
performance partnership agreement of a State for a subsequent
term, the State may use not more than 5 percent of the total
amount of funds allotted to such State under the programs
included in the performance partnership agreement for
administrative purposes.
``(d) Local Educational Agency.--A local educational agency
submitting a performance partnership agreement under this
part may use not more than 5 percent of the total amount of
funds allotted to such agency under the programs included in
the performance partnership agreement for administrative
purposes.
``SEC. 6708. PERFORMANCE REVIEW.
``(a) Recommendations for Improvement.--
``(1) Review.--At the end of the third year for which a
performance partnership agreement is in effect for a State,
the Secretary shall prepare a written performance review of
the activities carried out under the agreement.
``(2) Recommendations.--
``(A) In general.--If the Secretary determines, in the
performance review that--
``(i) the State has failed to carry out the requirements of
the agreement;
``(ii) the State has failed to implement the State
accountability system described in section 6703(d)(6)(D); or
``(iii) the State has failed to make adequate progress in
improving student performance, as measured through
performance objectives,
the Secretary shall include in the review written
recommendations to the State for improvement.
``(B) Significant decline in achievement.--If the Secretary
determines, in the performance review, that student
achievement with respect to the performance objectives of the
State has significantly declined, the Secretary shall, after
notice and an opportunity for a hearing, terminate the
agreement. Such agreement shall not be terminated if the
State demonstrates to the Secretary that the decline in
student achievement was justified based on exceptional
circumstances or circumstances beyond the control of the
State.
``(b) Withholding of Funds or Termination of Agreement.--
``(1) Review.--If the Secretary makes a determination
described in subsection (a)(2) in the performance review for
a State, not later than 1 year after the date of the
determination the Secretary shall prepare a second written
performance review for the State of the activities described
in subsection (a)(1).
``(2) Action.--If the Secretary makes a determination
described in subsection (a)(2) in the second performance
review for a State, the Secretary may take 1 or more of the
following actions:
``(A) Withhold a percentage of State administrative funds
for programs included in the performance partnership
agreement.
``(B) Terminate the performance partnership agreement.
``SEC. 6709. RENEWAL OF PERFORMANCE PARTNERSHIP AGREEMENT.
``(a) Notification.--A State that wishes to renew a
performance partnership agreement shall notify the Secretary
not later than 6 months before the end of the 5-year term of
the agreement.
``(b) Renewal Requirements.--The Secretary shall renew the
agreement for an additional 5-year term, if--
``(1) at the end of the 5-year term described in subsection
(a), or as soon after the term as is practicable, the State
submits the data required under the agreement; and
``(2) the Secretary determines, on the basis of the data,
that the State that has made substantial progress toward
meeting the performance goals described in section 6703(d)(7)
during the 5-year term.
``SEC. 6710. CLOSING THE ACHIEVEMENT GAP BONUS AWARDS.
``(a) In General.--The Secretary shall provide bonus awards
to eligible States (without regard to whether the States
participate in a performance partnership agreement) to reward
such States for making significant progress in eliminating
achievement gaps by raising the achievement levels of the
lowest performing student groups.
``(b) Eligibility.--
``(1) In general.--To be eligible to receive a bonus award
under subsection (a), a State shall--
``(A) use National Assessment of Educational Progress tests
for the 4th and 8th grade levels or another non-State
auditing device to measure (with a statistically significant
sample of students) student academic progress for purposes of
determining the progress made by the State in narrowing the
achievement gap between the highest and lowest performing
students in the State; and
``(B) exceed the national average for reducing the
achievement gap between the lowest performing students and
the highest performing students in at least 3 of the 4
measured categories (math and English at both the 4th and 8th
grade levels).
``(2) Determination of reduction.--If, at the end of the
fifth academic year that begins after performance
partnerships are entered into under this part, the Secretary
determines that the achievement gap between the lowest
performing students and the highest performing students in a
State has decreased (as determined under subsection (c)(2))
by a percentage that exceeds the national average for such
reduction (as determined under subsection (c)(1)), the
Secretary shall award the State the amount described in
subsection (e).
``(c) Determining the Reduction in Achievement Gap.--
``(1) National average.--
``(A) In general.--For purposes of determining the national
average reduction in the achievement gap between the lowest
performing students and the highest performing students, the
Secretary shall compare the baseline and final levels of
achievement (as determined under subparagraphs (B) and (C))
of--
``(i) all those students eligible for free and reduced-
price lunches under the Richard B. Russell National School
Lunch Act in the States described in such subparagraphs; and
``(ii) all other students not described in subparagraph (A)
in the States described in such subparagraphs;
in each of the 4 measured categories described in subsection
(b)(1)(B).
``(B) Baseline level.--For purposes of subparagraph (A),
the baseline level of achievement shall be based on the
results of the National Assessment of Educational Progress
tests of 4th and 8th grade students in both math and reading
during the 2001-2002 academic year for all
[[Page S3115]]
States administering such tests, or the results on another
non-State auditing device during the academic year.
``(C) Final level.--For purposes of subparagraph (A), the
final level of achievement shall be based on the results of
the National Assessment of Educational Progress tests of 4th
and 8th grade students in both math and reading for all
States administering such tests during the fifth academic
year in which performance partnerships are entered into under
this part, or the results of another non-State auditing
device during the calendar year.
``(2) State reductions.--
``(A) In general.--For purposes of determining the State
reduction in the achievement gap between the lowest
performing students and the highest performing students, the
Secretary shall compare the baseline and final levels of
achievement (as determined under subparagraphs (B) and (C))
of--
``(i) those students in the State who are eligible for free
and reduced-price lunches under the Richard B. Russell
National School Lunch Act; and
``(ii) other students in the State not described in
subparagraph (A);
in each of the 4 measured categories described in subsection
(b)(1)(B).
``(B) Baseline level.--For purposes of subparagraph (A),
the baseline level of achievement shall be based on the
results of the National Assessment of Educational Progress
tests of 4th and 8th grade students in both math and reading
during the 2001-2002 academic year for the State, or the
results on another non-State auditing device during the
academic year.
``(C) Final level.--For purposes of subparagraph (A), the
final level of achievement shall be based on the results of
the National Assessment of Educational Progress tests of 4th
and 8th grade students in both math and reading for the State
during the fifth academic year in which performance
partnerships are entered into under this part, or the results
on another non-State auditing device during the academic
year.
``(3) Limitation.--A reduction in the achievement gap
between the lowest performing students and the highest
performing students that results from a reduction in the
achievement levels of the highest performing students shall
not be considered a reduction for purposes of this
subsection.
``(d) Review.--The Secretary shall review the improvement
that the State has made in closing the achievement gap, as
measured on State assessments.
``(e) Amount of Award.--
``(1) In general.--The amount described in this subsection
with respect to a State described in subsection (b)(2) shall
be an amount that bears the same relationship to the amount
appropriated under subsection (f) as the number of eligible
individuals in the State bears to the total number of
eligible individuals in all such States.
``(2) Eligible individuals.--In paragraph (1), the term
`eligible individuals' means individuals who are at least 5
years of age, but less than 17 years of age, and whose family
income is below the poverty line applicable to a family of
the size.
``(3) Poverty line.--In paragraph (2), the term `poverty
line' has the meaning given such term in section 673(2) of
the Community Services Block Grant Act, including any
revision required by such section.
``(f) Authorization of Appropriations.--There shall be
appropriated $2,500,000,000 for the fifth full fiscal year
for which performance partnership agreements are entered into
under this part to carry out this section.
``SEC. 6711. PERFORMANCE REPORT.
``Not later than 60 days after the Secretary receives an
annual State report described in section 6703(d)(8), the
Secretary shall make the report available 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.
``PART H--ACADEMIC ACHIEVEMENT FOR ALL DEMONSTRATION
``SEC. 6801. SHORT TITLE.
``This part may be cited as the `Academic Achievement for
All Demonstration Act (Straight A's Act)'.
``SEC. 6802. PURPOSE.
``The purpose of this part is to create options for States
and communities--
``(1) to improve the academic achievement of all students,
and to focus the resources of the Federal Government upon
such achievement;
``(2) to improve teacher quality and subject matter
mastery, especially in mathematics, reading, and science;
``(3) to empower parents and schools to effectively address
the needs of their children and students;
``(4) to give States and communities maximum freedom in
determining how to boost academic achievement and implement
education reforms;
``(5) to eliminate Federal barriers to implementing
effective State and local education programs;
``(6) to hold States and communities accountable for
boosting the academic achievement of all students, especially
disadvantaged children; and
``(7) to narrow achievement gaps between the lowest and
highest performing groups of students so that no child is
left behind.
``SEC. 6803. PERFORMANCE AGREEMENT.
``(a) Program Authorized.--Not more than 15 States may, at
their option, execute a performance agreement with the
Secretary under which the provisions of law described in
section 6804(a) shall not apply to such State except as
otherwise provided in this part. The Secretary shall execute
performance partnership agreements with the first 15 States
that submit approvable performance agreements under this
section.
``(b) Local Input.--States shall provide parents, teachers,
and local schools and school districts notice and opportunity
to comment on any proposed performance agreement prior to
submission to the Secretary as provided under general State
law notice and comment provisions.
``(c) Approval of Performance Agreement.--A performance
agreement submitted to the Secretary under this section shall
be considered as approved by the Secretary within 60 days
after receipt of the performance agreement unless the
Secretary provides a written determination to the State that
the performance agreement fails to satisfy the requirements
of this part before the expiration of the 60-day period.
``(d) Terms of Performance Agreement.--Each performance
agreement executed pursuant to this part shall include the
following provisions:
``(1) Term.--A statement that the term of the performance
agreement shall be 5 years.
``(2) Application of program requirements.--A statement
that no program requirements of any program included by the
State in the performance agreement shall apply, except as
otherwise provided in this part.
``(3) List.--A list provided by the State of the programs
that the State wishes to include in the performance
agreement.
``(4) Use of funds to improve student achievement.--A 5-
year plan describing how the State intends to combine and use
the funds from programs included in the performance agreement
to advance the education priorities of the State, improve
student achievement, and narrow achievement gaps between
students.
``(5) Accountability requirements.--If a State includes any
part of title I in its performance agreement, the State shall
include a certification that the State has done the
following:
``(A)(i) developed and implemented the challenging State
content standards, challenging State student performance
standards, and aligned assessments described in section
1111(b); or
``(ii) developed and implemented a system to measure the
degree of change from one school year to the next in student
performance;
``(B) developed and is implementing a statewide
accountability system that has been or is reasonably expected
to be effective in substantially increasing the numbers and
percentages of all students who meet the State's proficient
and advanced levels of performance;
``(C) established a system under which assessment
information may be disaggregated within each State, local
educational agency, and school by each major racial and
ethnic group, gender, English proficiency status, migrant
status, and by economically disadvantaged students as
compared to students who are not economically disadvantaged
(except that such disaggregation shall not be required in
cases in which the number of students in any such group is
insufficient to yield statistically reliable information or
will reveal the identity of an individual student);
``(D) established specific, measurable, numerical
performance objectives for student achievement, including a
definition of performance considered to be proficient by the
State on the academic assessment instruments described under
subparagraph (A);
``(E) developed and implemented a statewide system for
holding its local educational agencies and schools
accountable for student performance that includes--
``(i) a procedure for identifying local educational
agencies and schools in need of improvement, using the
assessments described under subparagraph (A);
``(ii) assisting and building capacity in local educational
agencies and schools identified as in need of improvement to
improve teaching and learning; and
``(iii) implementing corrective actions after not more than
3 years if the assistance and capacity building under clause
(ii) is not effective.
``(6) Performance goals.--
``(A) Student academic achievement.--Each State that
includes part A of title I in its performance agreement shall
establish annual student performance goals for the 5-year
term of the performance agreement that, at a minimum--
``(i) establish a single high standard of performance for
all students;
``(ii) take into account the progress of students from
every local educational agency and school in the State;
``(iii) are based primarily on the State's challenging
content and student performance standards and assessments
described under paragraph (5);
``(iv) include specific annual improvement goals in each
subject and grade included in the State assessment system,
which shall include, at a minimum, reading or language arts
and mathematics;
``(v) compares the proportions of students at levels of
performance (as defined by the State) with the proportions of
students at the levels in the same grade in the previous
school year;
``(vi) includes annual numerical goals for improving the
performance of each group specified in paragraph (5)(C) and
narrowing gaps in performance between the highest and lowest
performing students in accordance with section 6810(b); and
``(vii) requires all students in the State to make
substantial gains in achievement.
``(B) Additional indicators of performance.--A State may
identify in the performance agreement any additional
indicators of performance such as graduation, dropout, or
attendance rates.
``(C) Consistency of performance measures.--A State shall
maintain, at a minimum,
[[Page S3116]]
the same level of challenging State student performance
standards and assessments throughout the term of the
performance agreement.
``(7) Fiscal responsibilities.--An assurance that the State
will use fiscal control and fund accounting procedures that
will ensure proper disbursement of, and accounting for,
Federal funds paid to the State under this part.
``(8) Civil rights.--An assurance that the State will meet
the requirements of applicable Federal civil rights laws.
``(9) Private school participation.--
``(A) Equitable participation.--An assurance that the State
will provide for the equitable participation of students and
professional staff in private schools.
``(B) Application of bypass.--An assurance that sections
10104, 10105, and 10106 shall apply to all services and
assistance provided under this part in the same manner as
such sections apply to services and assistance provided in
accordance with section 10103 of such Act.
``(10) State financial participation.--An assurance that
the State will not reduce the level of spending of State
funds for elementary and secondary education during the term
of the performance agreement.
``(11) Annual reports.--An assurance that not later than 1
year after the execution of the performance agreement, and
annually thereafter, each State shall disseminate widely to
parents and the general public, submit to the Secretary,
distribute to print and broadcast media, and post on the
Internet, a report that includes--
``(A) student academic performance data, disaggregated as
provided in paragraph (5)(C); and
``(B) a detailed description of how the State has used
Federal funds to improve student academic performance and
reduce achievement gaps to meet the terms of the performance
agreement.
``(e) Special Rules.--If a State does not include part A of
title I in its performance agreement, the State shall--
``(1) certify that the State developed a system to measure
the academic performance of all students; and
``(2) establish challenging academic performance goals for
such other programs in accordance with paragraph (6)(A) of
subsection (d), except that clause (vi) of such paragraph
shall not apply to such performance agreement.
``(f) Amendment to Performance Agreement.--A State may
submit an amendment to the performance agreement to the
Secretary under the following circumstances:
``(1) Reduce scope of performance agreement.--Not later
than 1 year after the execution of the performance agreement,
a State may amend the performance agreement through a request
to withdraw a program from such agreement. If the Secretary
approves the amendment, the requirements of existing law
shall apply for any program withdrawn from the performance
agreement.
``(2) Expand scope of performance agreement.--Not later
than 1 year after the execution of the performance agreement,
a State may amend its performance agreement to include
additional programs and performance indicators for which the
State will be held accountable.
``(3) Approval of amendment.--An amendment submitted to the
Secretary under this subsection shall be considered as
approved by the Secretary within 60 days after receipt of the
amendment unless the Secretary provides a written
determination to the State that the performance agreement if
amended by the amendment will fail to satisfy the
requirements of this part, before the expiration of the 60-
day period.
``(g) Dual Participation Prohibited.--A State or local
educational agency shall not enter into an agreement under
both this part and part G. A local educational agency shall
not enter into an agreement under this part or part G if the
State in which the local educational agency is located has
entered into an agreement under part G or this part,
respectively.
``SEC. 6804. ELIGIBLE PROGRAMS.
``(a) Eligible Programs.--The provisions of law referred to
in section 6803(a) except as otherwise provided in subsection
(b), are as follows:
``(1) Part A of title I.
``(2) Part B of title I.
``(3) Part C of title I.
``(4) Subparts 1, 2, and 3 of part A of title II.
``(5) Part B of title III.
``(6) Section 5132.
``(7) Title VI.
``(8) Part C of title VII.
``(9) Section 307 of the Department of Education
Appropriation Act of 1999.
``(10) Comprehensive school reform programs as authorized
under section 1502 and described on pages 96-99 of the Joint
Explanatory Statement of the Committee of Conference included
in House Report 105-390 (Conference Report on the Departments
of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 1998).
``(11) Sections 115 and 116, and parts B and C of title I
of the Carl D. Perkins Vocational Technical Education Act.
``(12) Subtitle B of title VII of the Stewart B. McKinney
Homeless Assistance Act.
``(b) Allocations to States.--A State may choose to
consolidate funds from any or all of the programs described
in subsection (a) without regard to the program requirements
of the provisions referred to in such subsection, except that
the proportion of funds made available for national programs
and allocations to each State for State and local use, under
such provisions, shall remain in effect unless otherwise
provided.
``(c) Uses of Funds.--Funds made available under this part
to a State shall be used for any elementary and secondary
educational purposes permitted by State law of the
participating State.
``SEC. 6805. WITHIN-STATE DISTRIBUTION OF FUNDS.
``(a) In General.--The distribution of funds from programs
included in a performance agreement from a State to a local
educational agency within the State shall be determined by
the Governor of the State and the State legislature. In a
State in which the constitution or State law designates
another individual, entity, or agency to be responsible for
education, the allocation of funds from programs included in
the performance agreement from a State to a local educational
agency within the State shall be determined by that
individual, entity, or agency, in consultation with the
Governor and State Legislature. Nothing in this section shall
be construed to supersede or modify any provision of a State
constitution or State law.
``(b) Local Input.--States shall provide parents, teachers,
and local schools and school districts notice and opportunity
to comment on the proposed allocation of funds as provided
under general State law notice and comment provisions.
``(c) Local Hold Harmless of Part A Title 1 Funds.--
``(1) In general.--In the case of a State that includes
part A of title I in the performance agreement, the agreement
shall provide an assurance that each local educational agency
shall receive under the performance agreement an amount equal
to or greater than the amount such agency received under part
A of title I in the fiscal year preceding the fiscal year in
which the performance agreement is executed.
``(2) Proportionate reduction.--If the amount made
available to the State from the Secretary for a fiscal year
is insufficient to pay to each local educational agency the
amount made available under part A of title I to such agency
for the preceding fiscal year, the State shall reduce the
amount each local educational agency receives by a uniform
percentage.
``SEC. 6806. LOCAL PARTICIPATION.
``(a) Nonparticipating State.--
``(1) In general.--If a State chooses not to submit a
performance agreement under this part, any local educational
agency in such State is eligible, at the local educational
agency's option, to submit to the Secretary a performance
agreement in accordance with this section.
``(2) Agreement.--The terms of a performance agreement
between an eligible local educational agency and the
Secretary shall specify the programs to be included in the
performance agreement, as agreed upon by the State and the
agency, from the list under section 6804(a).
``(b) State Approval.--When submitting a performance
agreement to the Secretary, an eligible local educational
agency described in subsection (a) shall provide written
documentation from the State in which such agency is located
that the State has no objection to the agency's proposal for
a performance agreement.
``(c) Application.--
``(1) In general.--Except as provided in this section, and
to the extent applicable, the requirements of this part shall
apply to an eligible local educational agency that submits a
performance agreement in the same manner as the requirements
apply to a State.
``(2) Exceptions.--The following provisions shall not apply
to an eligible local educational agency:
``(A) Within state distribution formula not applicable.--
The distribution of funds under section 6805 shall not apply.
``(B) State set aside shall not apply.--The State set aside
for administrative funds under section 6807 shall not apply.
``SEC. 6807. LIMITATIONS ON STATE AND LOCAL EDUCATIONAL
AGENCY ADMINISTRATIVE EXPENDITURES.
``(a) In General.--Except as otherwise provided under
subsection (b), a State that includes part A of title I in
the performance agreement may use not more than 1 percent of
such total amount of funds allocated to such State under the
programs included in the performance agreement for
administrative purposes.
``(b) Exception.--A State that does not include part A of
title I in the performance agreement may use not more than 3
percent of the total amount of funds allocated to such State
under the programs included in the performance agreement for
administrative purposes.
``(c) Local Educational Agency.--A local educational agency
participating in this part under a performance agreement
under section 6806 may not use for administrative purposes
more than 4 percent of the total amount of funds allocated to
such agency under the programs included in the performance
agreement.
``SEC. 6808. PERFORMANCE REVIEW AND PENALTIES.
``(a) Mid-Term Performance Review.--If, during the 5-year
term of the performance agreement, student achievement
significantly declines for three consecutive years in the
academic performance categories established in the
performance agreement, the Secretary may, after notice and
opportunity for a hearing, terminate the agreement
``(b) Failure To Meet Terms.--If at the end of the 5-year
term of the performance agreement a State has not
substantially met the performance goals submitted in the
performance agreement, the Secretary shall, after notice and
an opportunity for a hearing, terminate the performance
agreement and the State shall be required to comply with the
program requirements, in effect at the time of termination,
for each program included in the performance agreement.
``(c) Penalty for Failure To Improve Student Performance.--
If a State has made no progress toward achieving its
performance goals by the end of the term of the agreement,
the Secretary may reduce funds for State administrative costs
for each program included in the performance agreement by not
more than 50 percent for each year of the 2-year period
following the end of the term of the performance agreement.
[[Page S3117]]
``SEC. 6809. RENEWAL OF PERFORMANCE AGREEMENT.
``(a) Notification.--A State that wishes to renew its
performance agreement shall notify the Secretary of its
renewal request not less than 6 months prior to the end of
the term of the performance agreement.
``(b) Renewal Requirements.--A State that has met or has
substantially met its performance goals submitted in the
performance agreement at the end of the 5-year term may
reapply to the Secretary to renew its performance agreement
for an additional 5-year period. Upon the completion of the
5-year term of the performance agreement or as soon
thereafter as the State submits data required under the
agreement, the Secretary shall renew, for an additional 5-
year term, the performance agreement of any State that has
met or has substantially met its performance goals.
``SEC. 6810. ACHIEVEMENT GAP REDUCTION REWARDS.
``(a) Closing the Gap Reward Fund.--
``(1) In general.--To reward States that make significant
progress in eliminating achievement gaps by raising the
achievement levels of the lowest performing students, the
Secretary shall set aside sufficient funds from the Fund for
the Improvement of Education under part G of title V to grant
a reward to States that meet the conditions set forth in
subsection (b) by the end of their 5-year performance
agreement.
``(2) Reward amount.--The amount of the reward referred to
in paragraph (1) shall be not less than 5 percent of funds
allocated to the State during the first year of the
performance agreement for programs included in the agreement.
``(b) Conditions of Performance Reward.--Subject to
paragraph (3), a State is eligible to receive a reward under
this section as follows:
``(1) A State is eligible for such an award if the State
reduces by not less than 25 percent, over the 5-year term of
the performance agreement, the difference between the
percentage of highest and lowest performing groups of
students described in section 6803(d)(5)(C) that meet the
State's proficient level of performance.
``(2) A State is eligible for such an award if a State
increases the proportion of two or more groups of students
under section 6803(d)(5)(C) that meet State proficiency
standards by 25 percent.
``(3) A State shall receive such an award if the following
requirements are met:
``(A) Content areas.--The reduction in the achievement gap
or improvement in achievement shall include not less than two
content areas, one of which shall be mathematics or reading.
``(B) Grades tested.--The reduction in the achievement gap
or improvement in achievement shall occur in at least two
grade levels.
``(c) Rule of Construction.--Student achievement gaps shall
not be considered to have been reduced in circumstances where
the average academic performance of the highest performing
quintile of students has decreased.
``SEC. 6811. STRAIGHT A'S PERFORMANCE REPORT.
``The Secretary shall make the annual State reports
described in section 6803(d)(11) available 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 not later than 60 days after the
Secretary receives the report.
``SEC. 6812. APPLICABILITY OF TITLE X.
``To the extent that provisions of title X are inconsistent
with this part, this part shall be construed as superseding
such provisions.
``SEC. 6813. APPLICABILITY OF GENERAL EDUCATION PROVISIONS
ACT.
``To the extent that the provisions of the General
Education Provisions Act are inconsistent with this part,
this part shall be construed as superseding such provisions,
except where relating to civil rights, withholding of funds
and enforcement authority, and family educational and privacy
rights.
``SEC. 6814. APPLICABILITY TO HOME SCHOOLS.
``Nothing in this part shall be construed to affect home
schools whether or not a home school is treated as a private
school or home school under State law.
``SEC. 6815. GENERAL PROVISIONS REGARDING NONRECIPIENT,
NONPUBLIC SCHOOLS.
``Nothing in this part 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.
``SEC. 6816. DEFINITIONS.
``For the purpose of this part:
``(1) All students.--The term `all students' means all
students attending public schools or charter schools that are
participating in the State's accountability and assessment
system.
``(2) State.--The term `State' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, the United States Virgin Islands, the Commonwealth of
the Northern Mariana Islands, and American Samoa.''.
``SEC. 6817. EFFECTIVE DATE.
``This part shall take effect with respect to funds
appropriated for the fiscal year beginning October 1,
2000.''.
SEC. 602. TECHNICAL AND CONFORMING AMENDMENT.
Section 4(b)(5) of the Education Flexibility Partnership
Act of 1999 (20 U.S.C. 5891b(b)(5)) is amended by striking
``Title VI'' and inserting ``Part A of title VI''.
TITLE VII--BILINGUAL EDUCATION
SEC. 701. PURPOSE.
Section 7102 (20 U.S.C. 7402) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 7102. PURPOSE.'';
(2) by striking subsections (a) and (b); and
(3) in subsection (c)--
(A) by striking ``(c) Purpose.--The'' and inserting
``The'';
(B) in the matter preceding paragraph (1), by striking ``to
educate limited English proficient children and youth to''
and inserting ``to help ensure that limited English
proficient students master English and'';
(C) by striking paragraph (1) and inserting the following:
``(1) promoting systemic improvement and reform of, and
developing accountability systems for, educational programs
serving limited English proficient students;''; and
(D) in paragraph (2), by inserting ``fully'' before
``developing''.
SEC. 702. AUTHORIZATION OF APPROPRIATIONS.
Section 7103(a) (20 U.S.C. 7403(a)) is amended by striking
``$215,000,000 for the fiscal year 1995'' and inserting
``$300,000,000 for fiscal year 2001''.
SEC. 703. REPEAL OF PROGRAM DEVELOPMENT AND IMPLEMENTATION
GRANTS.
(a) In General.--Section 7112 (20 U.S.C. 7422) is repealed.
(b) Conforming Amendment.--Section 7111 (20 U.S.C. 7421) is
amended, in the matter preceding paragraph (1), by striking
``7112, 7113, 7114, and 7115'' and inserting ``7113 and
7114''.
SEC. 704. PROGRAM ENHANCEMENT PROJECTS.
(a) Purpose.--Section 7113 (20 U.S.C. 7423) is amended by
striking subsection (a) and inserting the following:
``(a) Purpose.--The purpose of this section is to--
``(1) provide grants to eligible entities to provide
innovative, locally designed, high quality instruction to
children and youth of limited English proficiency;
``(2) help children and youth develop proficiency in the
English language by expanding or strengthening instructional
programs; and
``(3) help children and youth attain the standards
established under section 1111(b).''.
(b) Program Authorized.--Section 7113(b) (20 U.S.C.
7423(b)) is amended--
(1) in paragraph (1)(B), by striking ``two'' and inserting
``3''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Authorized activities.--(A) Grants awarded under this
section shall be used for--
``(i) developing, implementing, expanding, or enhancing
comprehensive preschool, elementary, or secondary education
programs for limited English proficient children and youth,
that are--
``(I) aligned with State and local content and student
performance standards, and local school reform efforts; and
``(II) coordinated with related services for children and
youth;
``(ii) providing high quality professional development to
classroom teachers, administrators, and other school or
community-based organization personnel to improve the
instruction and assessment of limited English proficient
students; and
``(iii) annually assessing the English proficiency of all
limited English proficient students served by activities
carried out under this section.
``(B) Grants awarded under this section may be used for--
``(i) implementing programs to upgrade the reading and
other academic skills of limited English proficient students;
``(ii) developing accountability systems to monitor the
academic progress of limited English proficient and formerly
limited English proficient students;
``(iii) implementing family education programs and parent
outreach and training activities designed to assist parents
to become active participants in the education of their
children;
``(iv) improving the instructional programs for limited
English proficient students by identifying, acquiring, and
applying effective curricula, instructional materials
(including materials provided through technology), and
assessments that are all aligned with State and local
standards;
``(v) providing intensified instruction, including
tutorials and academic or career counseling, for children and
youth who are limited English proficient;
``(vi) adapting best practice models for meeting the needs
of limited English proficient students;
``(vii) assisting limited English proficient students with
disabilities;
``(viii) implementing applied learning activities such as
service learning to enhance and support comprehensive
elementary and secondary bilingual education programs; and
``(ix) carrying out such other activities, consistent with
the purpose of this part, as the Secretary may approve.''.
(c) Priority.--Section 7113 (20 U.S.C. 7423) is amended by
adding at the end the following:
``(d) Priority.--In awarding grants under this section, the
Secretary may give priority to an entity that--
``(1) serves a school district--
``(A) that has a total district enrollment that is less
than 10,000 students; or
``(B) with a large percentage or number of limited English
proficient students; and
``(2) has limited or no experience in serving limited
English proficient students.''.
SEC. 705. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT
GRANTS.
Section 7114 (20 U.S.C. 7424) is amended to read as
follows:
``SEC. 7114. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT
GRANTS.
``(a) Purposes.--The purposes of this section are--
``(1) to provide financial assistance to schools and local
educational agencies for implementing
[[Page S3118]]
bilingual education programs, in coordination with programs
carried out under title I, for children and youth of limited
English proficiency;
``(2) to assist limited English proficient students to meet
the standards established under section 1111(b); and
``(3) to improve, reform, and upgrade relevant
instructional programs and operations, in schools and local
educational agencies, that serve significant percentages of
students with limited English proficiency or significant
numbers of such students.
``(b) Authorized Activities.--
``(1) Authority.--The Secretary may award grants to
eligible entities having applications approved under section
7116 to enable such entities to carry out activities
described in paragraphs (2) and (3).
``(2) Mandatory activities.--Grants awarded under this
section shall be used for--
``(A) improving instructional programs for limited English
proficient students by acquiring and upgrading curriculum and
related instructional materials;
``(B) aligning the activities carried out under this
section with State and local school reform efforts;
``(C) providing training, aligned with State and local
standards, to school personnel and participating community-
based organization personnel to improve the instruction and
assessment of limited English proficient students;
``(D) developing and implementing plans, coordinated with
plans for programs carried out under title II of the Higher
Education Act of 1965 (where applicable), and title II of
this Act (where applicable), to recruit teachers trained to
serve limited English proficient students;
``(E) implementing culturally and linguistically
appropriate family education programs, or parent outreach and
training activities, that are designed to assist parents to
become active participants in the education of their
children;
``(F) coordinating the activities carried out under this
section with other programs, such as programs carried out
under title I;
``(G) providing services to meet the full range of the
educational needs of limited English proficient students;
``(H) annually assessing the English proficiency of all
limited English proficient students served by the activities
carried out under this section; and
``(I) developing or improving accountability systems to
monitor the academic progress of limited English proficient
students.
``(3) Permissible activities.--Grants awarded under this
section may be used for--
``(A) implementing programs to upgrade reading and other
academic skills of limited English proficient students;
``(B) developing and using educational technology to
improve learning, assessments, and accountability to meet the
needs of limited English proficient students;
``(C) implementing research-based programs to meet the
needs of limited English proficient students;
``(D) providing tutorials and academic or career counseling
for limited English proficient children and youth;
``(E) developing and implementing State and local content
and student performance standards for learning English as a
second language, as well as for learning other languages;
``(F) developing and implementing programs for limited
English proficient students to meet the needs of changing
populations of such students;
``(G) implementing policies to ensure that limited English
proficient students have access to other education programs
(other than programs designed to address limited English
proficiency), such as gifted and talented, vocational
education, and special education programs;
``(H) implementing programs to meet the needs of limited
English proficient students with disabilities;
``(I) developing and implementing programs to help all
students become proficient in more than 1 language; and
``(J) providing such other activities related to the
purpose of this part as the Secretary may approve.
``(4) Special rule.--A recipient of a grant under this
section, before carrying out activities under this section,
shall plan, train personnel, develop curricula, and acquire
or develop materials, but shall not use funds made available
under this section for planning purposes for more than 90
days. The recipient shall commence carrying out activities
under this section not later than 90 days after the date of
receipt of the grant.
``(c) Availability of Appropriations.--
``(1) Reservation of funds for continued payments.--
``(A) Covered grant.--In this paragraph, the term `covered
grant' means a grant--
``(i) that was awarded under this section, or section 7115,
prior to the date of enactment of the Educational
Opportunities Act; and
``(ii) for which the grant period has not ended.
``(B) Reservation.--For any fiscal year that is part of the
grant period of a covered grant, the Secretary shall reserve
funds for the payments described in subparagraph (C) from the
amount appropriated for the fiscal year under section 7103
and made available for carrying out this section.
``(C) Payments.--The Secretary shall continue to make grant
payments to each entity that received a covered grant, for
the duration of the grant period of the grant, to carry out
activities in accordance with the appropriate section
described in subparagraph (A)(i).
``(2) Availability.--Of the amount appropriated for a
fiscal year under section 7103 that is made available for
carrying out this section, and that remains after the
Secretary reserves funds for payments under paragraph (1)--
``(A) not less than \1/3\ of the remainder shall be used to
award grants for activities carried out within an entire
school district; and
``(B) not less than \2/3\ of the remainder shall be used to
award grants for activities carried out within individual
schools.
``(d) Eligible Entities.--In 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, local educational agency, or State educational
agency.''.
SEC. 706. REPEAL OF SYSTEMWIDE IMPROVEMENT GRANTS.
Section 7115 (20 U.S.C. 7425) is repealed.
SEC. 707. APPLICATIONS.
(a) State Review and Comments.--Section 7116(b) (20 U.S.C.
7426(b)) is amended--
(1) in paragraph (1), by striking ``such'' and inserting
``the written comments of the agency on the''; and
(2) in paragraph (2)(B)--
(A) in the matter preceding clause (i), by striking ``how
the eligible entity'';
(B) by striking clause (i) and inserting the following:
``(i) how the activities to be carried out under the grant
will further the academic achievement and English proficiency
of limited English proficient students served under the
grant; and''; and
(C) by striking clause (ii) and inserting the following:
``(ii) how the grant application is consistent with the
State plan required under section 1111.''.
(b) Required Documentation.--Section 7116(f) (20 U.S.C.
7426(f)) is amended to read as follows:
``(f) Required Documentation.--Such application shall
include documentation that--
``(1) the applicant has the qualified personnel required to
develop, administer, and implement the program proposed in
the application; and
``(2) the leadership personnel of each school participating
in the program have been involved in the development and
planning of the program in the school.''.
(c) Contents.--Section 7116(g) (20 U.S.C. 7426(g)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``including data'' and
all that follows and inserting the following: ``including--
``(i) data on the number of limited English proficient
students in the school or school district to be served;
``(ii) the characteristics of such students, including--
``(I) the native languages of the students;
``(II) the proficiency of the students in English and their
native language;
``(III) achievement data (current as of the date of
submission of the application) for the limited English
proficient students in--
``(aa) reading or language arts (in English and in the
native language, if applicable); and
``(bb) mathematics;
``(IV) a comparison of that data for the students with that
data for the English proficient peers of the students; and
``(V) the previous schooling experiences of the students;
``(iii) the professional development needs of the
instructional personnel who will provide services for the
limited English proficient students under the proposed
program; and
``(iv) how the services provided through the grant would
supplement the basic services provided to limited English
proficient students.'';
(B) in subparagraph (B)--
(i) in clause (ii)--
(I) by striking ``, the Goals 2000: Educate America Act'';
and
(II) by striking ``section 14306'' and inserting ``section
6506'';
(ii) by redesignating clauses (ii) through (v) as clauses
(iii) through (vi), respectively; and
(iii) by inserting after clause (i) the following:
``(ii) will ensure that the services provided through the
program will supplement the basic services the applicant
provides to limited English proficient students;''; and
(C) in subparagraph (E), by striking ``program'' and all
that follows and inserting the following: ``program who,
individually or in combination, are proficient in--
``(i) English, including written, as well as oral,
communication skills; and
``(ii) the native language of the majority of the students
that the teachers teach, if instruction in the program is in
the native language as well as English.''; and
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``or 7115''.
(d) Priorities and Special Rules.--Section 7116(i) (20
U.S.C. 7426(i)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Priority.--In approving applications for grants for
programs under this subpart, the Secretary shall give
priority to an applicant who--
``(A) experiences a dramatic increase in the number or
percentage of limited English proficient students enrolled in
the applicant's programs and has limited or no experience in
serving limited English proficient students;
``(B) is a local educational agency that serves a school
district that has a total district enrollment that is less
than 10,000 students;
``(C) demonstrates that the applicant has a proven record
of success in helping limited English proficient children and
youth learn English and meet high academic standards;
``(D) proposes programs that provide for the development of
bilingual proficiency both in English and another language
for all participating students; or
``(E) serves a school district with a large percentage or
number of limited English proficient students.'';
[[Page S3119]]
(2) by striking paragraphs (2) and (3); and
(3) by redesignating paragraphs (4) and (5) as paragraphs
(2) and (3), respectively.
SEC. 708. REPEAL OF INTENSIFIED INSTRUCTION.
Section 7117 (20 U.S.C. 7427) is repealed.
SEC. 709. REPEAL OF SUBGRANTS, PRIORITY, AND COORDINATION
PROVISIONS.
Sections 7119 through 7121 (20 U.S.C. 7429-7431) are
repealed.
SEC. 710. EVALUATIONS.
Section 7123 (20 U.S.C. 7433) is amended to read as
follows:
``SEC. 7123. EVALUATIONS.
``(a) Evaluation.--Each recipient of funds under this
subpart for a program shall annually conduct an evaluation of
the program and submit to the Secretary a report concerning
the evaluation, in the form prescribed by the Secretary.
``(b) Use of Evaluation.--Such evaluation shall be used by
the grant recipient--
``(1) for program improvement;
``(2) to further define the program's goals and objectives;
and
``(3) to determine program effectiveness.
``(c) Evaluation Report Components.--In preparing the
evaluation reports, the recipient shall--
``(1) use the data provided in the application submitted by
the recipient under section 7116 as baseline data against
which to report academic achievement and gains in English
proficiency for students in the program;
``(2) disaggregate the results of the evaluation by gender,
language groups, and whether the students have disabilities;
``(3) include data on the progress of the recipient in
achieving the objectives of the program, including data
demonstrating the extent to which students served by the
program are meeting the State's student performance
standards, and including data comparing limited English
proficient students with English proficient students with
regard to school retention and academic achievement in--
``(A) reading and language arts;
``(B) English proficiency;
``(C) mathematics; and
``(D) the native language of the students if the program
develops native language proficiency;
``(4) include information on the extent that professional
development activities carried out through the program have
resulted in improved classroom practices and improved student
performance;
``(5) include a description of how the activities carried
out through the program are coordinated and integrated with
the other Federal, State, or local programs serving limited
English proficient children and youth; and
``(6) include such other information as the Secretary may
require.''.
SEC. 711. RESEARCH.
Section 7132(c)(1) (20 U.S.C. 7452(c)(1)) is amended by
striking ``under subpart 1 or 2'' and inserting ``under
subpart 1 or 3 or this subpart''.
SEC. 712. ACADEMIC EXCELLENCE AWARDS.
Section 7133 (20 U.S.C. 7453) is amended to read as
follows:
``SEC. 7133. ACADEMIC EXCELLENCE AWARDS.
``(a) Authority.--The Secretary may make grants to State
educational agencies to assist the agencies in recognizing
local educational agencies and other public and nonprofit
entities whose programs have--
``(1) demonstrated significant progress in assisting
limited English proficient students to learn English
according to age appropriate and developmentally appropriate
standards; and
``(2) demonstrated significant progress in assisting
limited English proficient children and youth to meet,
according to age appropriate and developmentally appropriate
standards, the same challenging State content standards as
all children and youth are expected to meet.
``(b) Applications.--A State educational agency desiring a
grant under this section shall include an application for
such grant in the application submitted by the agency under
section 7134(e).''.
SEC. 713. STATE GRANT PROGRAM.
(a) Grant Amount.--Section 7134(b) (20 U.S.C. 7454(b)) is
amended by striking ``$100,000'' and inserting ``$200,000''.
(b) Use of Funds.--Section 7134(c) (20 U.S.C. 7454(c)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``for programs authorized by this section'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) assist local educational agencies in the State with
activities that--
``(i) consist of program design, capacity building,
assessment of student performance, program evaluation, and
development of data collection and accountability systems for
limited English proficient students; and
``(ii) are aligned with State reform efforts; and''; and
(C) in subparagraph (B), by striking ``populations and''
and all that follows and inserting ``populations and document
the services available to all such populations.'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
SEC. 714. NATIONAL CLEARINGHOUSE.
Section 7135(b) (20 U.S.C. 7455(b)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4)--
(A) by striking ``described in part A of title XIII''; and
(B) by striking the period and inserting ``; and''; and
(3) by adding at the end the following:
``(5) publish, on an annual basis, a list of grant
recipients under this title.''.
SEC. 715. INSTRUCTIONAL MATERIALS DEVELOPMENT.
Section 7136 (20 U.S.C. 7456) is amended, in the first
sentence, by striking the period and inserting ``, and in
other low-incidence languages in the United States for which
instructional materials are not readily available.''.
SEC. 716. TRAINING FOR ALL TEACHERS PROGRAM.
Section 7142 (20 U.S.C. 7472) is amended by striking
subsections (b) and (c) and inserting the following:
``(b) Authorization.--
``(1) Authority.--The Secretary may award grants under this
section to--
``(A) local educational agencies; or
``(B) 1 or more local educational agencies in a consortium
with 1 or more State educational agencies, institutions of
higher education, or nonprofit organizations.
``(2) Duration.--Each grant awarded under this section
shall be awarded for a period of not more than 5 years.
``(c) Authorized Activities.--
``(1) Professional development activities.--Grants awarded
under this section shall be used to conduct high-quality,
long-term professional development activities relating to
meeting the needs of limited English proficient students,
which may include--
``(A) developing and implementing induction programs for
new teachers, including programs that provide mentoring and
coaching by trained teachers, and team teaching with
experienced teachers;
``(B) implementing school-based collaborative efforts among
teachers to improve instruction in core academic areas,
including reading, for students with limited English
proficiency;
``(C) coordinating activities with other programs, such as
programs carried out under titles I and II and the Head Start
Act;
``(D) implementing programs that support effective teacher
use of education technologies to improve instruction and
assessment;
``(E) establishing and maintaining local professional
networks;
``(F) 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; and
``(G) carrying out such other activities as are consistent
with the purpose of this section.
``(2) Permissible activities.--Activities conducted under
this section may include the development of training programs
in collaboration with other programs, such as programs
authorized under titles I and II, and under the Head Start
Act.''.
SEC. 717. GRADUATE FELLOWSHIPS.
Section 7145(a) (20 U.S.C. 7475(a)) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 718. REPEAL OF PROGRAM REQUIREMENTS.
Section 7147 (20 U.S.C. 7477) is repealed.
SEC. 719. PROGRAM EVALUATIONS.
Section 7149 (20 U.S.C. 7479) is amended to read as
follows:
``SEC. 7149. PROGRAM EVALUATIONS.
``Each recipient of funds under this subpart for a program
shall annually conduct an evaluation of the program and
submit to the Secretary a report containing the evaluation.
Such report shall include information on--
``(1) the number of participants served through the
program, the number of participants who completed program
requirements, and the number of participants who took
positions in an instructional setting with limited English
proficient students;
``(2) the effectiveness of the program in imparting the
professional skills necessary for participants to achieve the
objectives of the program; and
``(3) the teaching effectiveness of graduates of the
program or other participants who have completed the
program.''.
SEC. 720. SPECIAL RULE.
Section 7161 (20 U.S.C. 7491) is amended by striking
``Improving America's Schools Act of 1994'' and inserting
``Educational Opportunities Act''.
SEC. 721. REPEAL OF FINDING RELATING TO FOREIGN LANGUAGE
ASSISTANCE.
Section 7202 (20 U.S.C. 7512) is repealed.
SEC. 722. FOREIGN LANGUAGE ASSISTANCE APPLICATIONS.
Section 7204(b) (20 U.S.C. 7514(b)) is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(4) make effective use of technology, such as computer-
assisted instruction, language laboratories, or distance
learning, to promote foreign language study;
``(5) promote innovative activities such as foreign
language immersion, partial foreign language immersion, or
content-based instruction; and
``(6) are carried out through a consortium comprised of the
agency receiving the grant and an elementary school or
secondary school.''.
SEC. 723. EMERGENCY IMMIGRANT EDUCATION PURPOSE.
Section 7301 (20 U.S.C. 7541) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 7301. PURPOSE.'';
(2) by striking subsection (a); and
(3) in subsection (b), by striking ``(b) Purpose.--''.
[[Page S3120]]
SEC. 724. EMERGENCY IMMIGRANT EDUCATION STATE ADMINISTRATIVE
COSTS.
Section 7302 (20 U.S.C. 7542) is amended by inserting after
``percent'' the following: ``(2 percent if the State
educational agency distributes funds received under this part
to local educational agencies on a competitive basis)''.
SEC. 725. CONFORMING AMENDMENTS.
(a) State Allocations.--Section 7304(a) (20 U.S.C. 7544(a))
is amended by striking ``7301(b)'' and inserting ``7301''.
(b) Reports.--Section 7308(b) (20 U.S.C. 7548(b)) is
amended by striking ``14701'' and inserting ``10201''.
SEC. 726. EMERGENCY IMMIGRANT EDUCATION AUTHORIZATION OF
APPROPRIATIONS.
Section 7309 (20 U.S.C. 7549) is amended by striking
``$100,000,000 for fiscal year 1995'' and inserting
``$200,000,000 for fiscal year 2001''.
SEC. 727. COORDINATION AND REPORTING REQUIREMENTS.
Section 7405(d) (20 U.S.C. 7575(d)) is amended by striking
``Committee on Labor and Human Resources of the Senate and to
the Committee on Education and Labor'' and inserting
``Committee on Health, Education, Labor, and Pensions of the
Senate and to the Committee on Education and the Workforce''.
TITLE VIII--IMPACT AID
SEC. 801. SHORT TITLE.
Title VIII (20 U.S.C. 7701 et seq.) is amended by inserting
before section 8001 (20 U.S.C. 7701) the following:
``SEC. 8000. SHORT TITLE.
``This title may be cited as the `Impact Aid Act'.''.
SEC. 802. PURPOSE.
Section 8001 (20 U.S.C. 7701) is amended--
(1) in paragraph (4), by inserting ``or'' after the
semicolon;
(2) by striking paragraph (5); and
(3) by redesignating paragraph (6) as paragraph (5).
SEC. 803. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL
PROPERTY.
Section 8002 (20 U.S.C. 7702) is amended--
(1) in the matter preceding paragraph (1) of subsection
(a), by striking ``1999'' and inserting ``2005'';
(2) in subsection (b)(1)--
(A) in subparagraph (B), by striking ``ratably reduce the
payment to each eligible local educational agency'' and
inserting ``calculate the payment for each eligible local
educational agency in accordance with subsection (h)''; and
(B) in subparagraph (C), by inserting ``or this section,
whichever is greater'' before the period;
(3) by amending subsection (h) to read as follows:
``(h) Distribution of Funds When There Are Insufficient
Appropriations.--If the amount appropriated under section
8014(a) is insufficient to pay the full amount determined
under subsection (b) for all local educational agencies for a
fiscal year, then the Secretary shall calculate the payments
the local educational agencies receive under this section for
the fiscal year as follows:
``(1) Foundation payments for pre-1995 recipients.--First,
the Secretary shall make a foundation payment to each local
educational agency that is eligible to receive a payment
under this section for the fiscal year and was eligible to
receive a payment under section 2 of Public Law 81-874 for
any of the fiscal years 1989 through 1994. The Secretary
shall make the payment by multiplying 37 percent by the
payment the local educational agency was entitled to receive
under such section 2 for fiscal year 1994 (or if the local
educational agency did not receive a payment for fiscal year
1994, the payment that local educational agency was entitled
to receive under such section 2 for the most recent fiscal
year preceding 1994). If the funds appropriated under section
8014(a) for the fiscal year are insufficient to fully fund
the foundation payments under this paragraph for the fiscal
year, then the Secretary shall ratably reduce the foundation
payments to each local educational agency under this
paragraph.
``(2) Payments for 1995 recipients.--From any funds
remaining after making payments under paragraph (1) for the
fiscal year for which the calculation is made that are the
result of the calculation described in subparagraph (A), the
Secretary shall make a payment to each local educational
agency that received a payment under this section for fiscal
year 1995 in accordance with the following rules:
``(A) Calculate the difference between the amount
appropriated to carry out this section for fiscal year 1995
and the total amount of foundation payments made under
paragraph (1) for the fiscal year for which the calculation
is made.
``(B) Determine the percentage share for each local
educational agency that received a payment under this section
for fiscal year 1995 by dividing the assessed value of the
Federal property of the local educational agency for fiscal
year 1995, determined in accordance with subsection (b)(3),
by the total national assessed value of the Federal property
of all such local educational agencies for fiscal year 1995,
as so determined.
``(C) Multiply the percentage share described in
subparagraph (B) for the local educational agency by the
amount determined under subparagraph (A).
``(3) Subsection (i) recipients.--From any funds remaining
after making payments under paragraphs (1) and (2) for the
fiscal year for which the calculation is made, the Secretary
shall make payments in accordance with subsection (i).
``(4) Remaining funds.--From any funds remaining after
making payments under paragraphs (1), (2), and (3) for the
fiscal year for which the calculation is made--
``(A) the Secretary shall make a payment to each local
educational agency that received a foundation payment under
paragraph (1) for the fiscal year for which the calculation
is made in an amount that bears the same relation to 25
percent of the remainder as the amount the local educational
agency received under paragraph (1) for the fiscal year for
which the calculation is made bears to the amount all local
educational agencies received under paragraph (1) for the
fiscal year for which the calculation is made; and
``(B) the Secretary shall make a payment to each local
educational agency that is eligible to receive a payment
under this section for the fiscal year for which the
calculation is made in an amount that bears the same relation
to 75 percent of the remainder as a percentage share
determined for the local educational agency (in the same
manner as percentage shares are determined for local
educational agencies under paragraph (2)(B)) bears to the
percentage share determined (in the same manner) for all
local educational agencies eligible to receive a payment
under this section for the fiscal year for which the
calculation is made, except that for the purpose of
calculating a local educational agency's assessed value of
the Federal property, data from the most current fiscal year
shall be used.'';
(4) in subsection (i)--
(A) in the subsection heading, by striking ``Priority'' and
inserting ``Special''; and
(B) by amending paragraph (1) to read as follows:
``(1) In general.--For any fiscal year beginning with
fiscal year 2000 for which the amount appropriated to carry
out this section exceeds the amount so appropriated for
fiscal year 1996 and for which subsection (b)(1)(B) applies,
the Secretary shall use the remainder described in subsection
(h)(3) for the fiscal year for which the calculation is made
(not to exceed the amount equal to the difference between (A)
the amount appropriated to carry out this section for fiscal
year 1997 and (B) the amount appropriated to carry out this
section for fiscal year 1996) to increase the payment that
would otherwise be made under this section to not more than
50 percent of the maximum amount determined under subsection
(b) for any local educational agency described in paragraph
(2).'';
(5) in subsection (j)--
(A) in paragraph (2)--
(i) by striking ``(A) A local'' and inserting ``A local'';
and
(ii) by redesignating clauses (i) through (v) as
subparagraphs (A) through (E), respectively; and
(B) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking the semicolon and inserting a period; and
(II) by striking ``(A) The maximum'' and inserting ``The
maximum''; and
(ii) by striking subparagraphs (B) and (C); and
(6) by adding at the end the following:
``(l) Data; Preliminary and Final Payments.--The Secretary
shall--
``(1) require any local educational agency that applied for
a payment under subsection (b) for a fiscal year to submit
expeditiously such data as may be necessary in order to
compute the payment;
``(2) as soon as possible after the beginning of any fiscal
year, but not later than 60 days after the date of enactment
of an Act making appropriations to carry out this title for
the fiscal year, provide a preliminary payment under
subsection (b) for any local educational agency that applied
for a payment under subsection (b) for the fiscal year, that
has submitted the data described in paragraph (1), and that
was eligible for such a payment for the preceding fiscal
year, in the amount of 60 percent of the payment for the
previous year; and
``(3) make every effort to provide a final payment under
subsection (b) for any eligible local educational agency not
later than 12 months after the application deadline
established under section 8005(c).
``(m) Eligibility.--
``(1) Old federal property.--Except as provided in
paragraph (2), a local educational agency that is eligible to
receive a payment under this section for Federal property
acquired by the Federal Government before the date of
enactment of the Educational Opportunities Act shall be
eligible to receive the payment only if the local educational
agency submits an application for a payment under this
section not later than 5 years after the date of enactment.
``(2) Combined federal property.--A local educational
agency that is eligible to receive a payment under this
section for Federal property acquired by the Federal
Government before the date of enactment of the Educational
Opportunities Act shall be eligible to receive the payment
if--
``(A) the Federal property, when combined with other
Federal property in the school district served by the local
educational agency acquired by the Federal Government after
the date of enactment, meets the requirements of subsection
(a); and
``(B) the local educational agency submits an application
for a payment under this section not later than 5 years after
the date of acquisition of the Federal property acquired
after the date of enactment.
``(3) New federal property.--A local educational agency
that is eligible to receive a payment under this section for
Federal property acquired by the Federal Government after the
date of enactment of the Educational Opportunities Act shall
be eligible to receive the payment only if the local
educational agency submits an application for a payment under
this section not later than 5 years after the date of
acquisition.''.
[[Page S3121]]
SEC. 804. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
(a) General Amendments.--Section 8003 (20 U.S.C. 7703) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by redesignating subparagraph (E) as subparagraph (F);
(ii) in subparagraph (D), by striking ``subparagraphs (D)
and (E) of paragraph (1) by a factor of .10'' and inserting
``subparagraph (D) of paragraph (1) by a factor of .25''; and
(iii) by inserting after subparagraph (D) the following:
``(E) Multiply the number of children described in
subparagraph (E) of paragraph (1) by a factor of .10.'';
(B) in paragraph (4)--
(i) in the paragraph heading, by striking ``undergoing
renovation'' and inserting ``undergoing renovation or
rebuilding'';
(ii) by striking ``For purposes'' and inserting the
following:
``(A) In general.--For purposes'';
(iii) in subparagraph (A) (as designated by subparagraph
(B)), by inserting ``or rebuilding'' after ``undergoing
renovation''; and
(iv) by adding at the end the following:
``(B) Limitations.--(i)(I) Except as provided in subclause
(II), children described in paragraph (1)(D)(i) may be deemed
to be children described in paragraph (1)(B) with respect to
housing on Federal property undergoing renovation or
rebuilding in accordance with subparagraph (A) for a period
not to exceed 2 fiscal years.
``(II) If the Secretary determines, on the basis of a
certification provided to the Secretary by a designated
representative of the Secretary of Defense, that the expected
completion date of the renovation or rebuilding of the
housing has been delayed by not less than 1 year, then--
``(aa) in the case of a determination made by the Secretary
in the 1st fiscal year described in subclause (I), the time
period described in such subclause shall be extended by the
Secretary for an additional 2 years; and
``(bb) in the case of a determination made by the Secretary
in the 2nd fiscal year described in subclause (I), the time
period described such subclause shall be extended by the
Secretary for an additional 1 year.
``(ii) The number of children described in paragraph
(1)(D)(i) who are deemed to be children described in
paragraph (1)(B) with respect to housing on Federal property
undergoing renovation or rebuilding in accordance with
subparagraph (A) for any fiscal year may not exceed the
maximum number of children who are expected to occupy that
housing upon completion of the renovation or rebuilding.'';
and
(C) by adding at the end the following:
``(5) Military `build to lease' program housing.--
``(A) In general.--For purposes of computing the amount of
payment for a local educational agency for children
identified under paragraph (1), the Secretary shall consider
children residing in housing initially acquired or
constructed under the former section 2828(g) of title 10,
United States Code (commonly known as the `Build to Lease'
program), as added by section 801 of the Military
Construction Authorization Act, 1984, to be children
described under paragraph (1)(B) if the property described is
within the fenced security perimeter of the military facility
upon which such housing is situated.
``(B) Additional requirements.--If the property described
in subparagraph (A) is not owned by the Federal Government,
is subject to taxation by a State or political subdivision of
a State, and thereby generates revenues for a local
educational agency that is applying to receive a payment
under this section, then the Secretary--
``(i) shall require the local educational agency to provide
certification from an appropriate official of the Department
of Defense that the property is being used to provide
military housing; and
``(ii) shall reduce the amount of the payment under this
section by an amount equal to the amount of revenue from such
taxation received in the second preceding fiscal year by such
local educational agency, unless the amount of such revenue
was taken into account by the State for such second preceding
fiscal year and already resulted in a reduction in the amount
of State aid paid to such local educational agency.'';
(2) in subsection (b)(1), by adding at the end the
following:
``(D) Data.--If satisfactory data from the third preceding
fiscal year are not available for any of the expenditures
described in clause (i) or (ii) of subparagraph (C), the
Secretary shall use data from the most recent fiscal year for
which data that are satisfactory to the Secretary are
available.'';
(3) in subsection (d)(2), by striking ``a free appropriate
public education'' and inserting ``services'';
(4) by amending subsection (e) to read as follows:
``(e) Hold Harmless.--
``(1) In general.--Except as provided in paragraph (2), the
total amount the Secretary shall pay a local educational
agency under this section for fiscal year 2001 and each
succeeding fiscal year shall not be less than--
``(A) the result obtained by dividing the amount received
by the local educational agency under this subsection for
fiscal year 2000 by the total weighted student units
calculated for the local educational agency under subsection
(a)(2) for fiscal year 2000; multiplied by
``(B) the total weighted student units calculated for the
local educational agency under subsection (a)(2) (as such
subsection was in effect on the day preceding the date of
enactment of the Educational Opportunities Act) for the
fiscal year for which the determination is made.
``(2) Ratable reductions.--
``(A) In general.--If the sums made available under this
title for any fiscal year are insufficient to pay the full
amounts that all local educational agencies in all States are
eligible to receive under paragraph (1) for such year, then
the Secretary shall ratably reduce the payments to all such
agencies for such year.
``(B) Additional funds.--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) by striking subsections (f) and (g); and
(6) by redesignating subsections (h) and (i) as subsections
(f) and (g), respectively.
(b) Basic Support Payments for Heavily Impacted Local
Educational Agencies.--Section 8003(b) (20 U.S.C. 7703(b)) is
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Basic Support Payments for Heavily Impacted Local
Educational Agencies.--
``(A) In general.--(i) From the amount appropriated under
section 8014(b) for a fiscal year, the Secretary is
authorized to make basic support payments to eligible heavily
impacted local educational agencies with children described
in subsection (a).
``(ii) A local educational agency that receives a basic
support payment under this paragraph for a fiscal year shall
not be eligible to receive a basic support payment under
paragraph (1) for that fiscal year.
``(B) Eligibility for continuing heavily impacted local
educational agencies.--
``(i) In general.--A heavily impacted local educational
agency is eligible to receive a basic support payment under
subparagraph (A) with respect to a number of children
determined under subsection (a)(1) if the agency--
(I) received an additional assistance payment under
subsection (f) (as such subsection was in effect on the day
before the date of the enactment of the Educational
Opportunities Act) for fiscal year 2000; and
``(II)(aa) is a local educational agency whose boundaries
are the same as a Federal military installation;
``(bb) has an enrollment of children described in
subsection (a)(1) that constitutes a percentage of the total
student enrollment of the agency which is not less than 35
percent, has a per-pupil expenditure that is less than the
average per-pupil expenditure of the State in which the
agency is located or the average per-pupil expenditure of all
States (whichever average per-pupil expenditure is greater),
except that a local educational agency with a total student
enrollment of less than 350 students shall be deemed to have
satisfied such per-pupil expenditure requirement, and has a
tax rate for general fund purposes which is not less than 95
percent of the average tax rate for general fund purposes of
local educational agencies in the State;
``(cc) has an enrollment of children described in
subsection (a)(1) that constitutes a percentage of the total
student enrollment of the agency which is not less than 30
percent, and has a tax rate for general fund purposes which
is not less than 125 percent of the average tax rate for
general fund purposes for local educational agencies in the
State;
``(dd) has a total student enrollment of not less than
25,000 students, of which not less than 50 percent are
children described in subsection (a)(1) and not less than
6,000 of such children are children described in
subparagraphs (A) and (B) of subsection (a)(1); or
``(ee) meets the requirements of subsection (f)(2) applying
the data requirements of subsection (f)(4) (as such
subsections were in effect on the day before the date of the
enactment of the Educational Opportunities Act).
``(ii) Loss of eligibility.--A heavily impacted local
educational agency that met the requirements of clause (i)
for a fiscal year shall be ineligible to receive a basic
support payment under subparagraph (A) if the agency fails to
meet the requirements of clause (i) for a subsequent fiscal
year, except that such agency shall continue to receive a
basic support payment under this paragraph for the fiscal
year for which the ineligibility determination is made.
``(iii) Resumption of eligibility.--A heavily impacted
local educational agency described in clause (i) that becomes
ineligible under such clause for 1 or more fiscal years may
resume eligibility for a basic support payment under this
paragraph for a subsequent fiscal year only if the agency
meets the requirements of clause (i) for that subsequent
fiscal year, except that such agency shall not receive a
basic support payment under this paragraph until the fiscal
year succeeding the fiscal year for which the eligibility
determination is made.
``(C) Eligibility for new heavily impacted local
educational agencies.--
``(i) In general.--A heavily impacted local educational
agency that did not receive an additional assistance payment
under subsection (f) (as such subsection was in effect on the
day before the date of the enactment of the Educational
Opportunities Act) for fiscal year 2000 is eligible to
receive a basic support payment under subparagraph (A) for
fiscal year 2002 and any subsequent fiscal year with respect
to a number of children determined under subsection (a)(1)
only if the agency is a local educational agency whose
boundaries are the same as a Federal military installation,
or the agency--
``(I) has an enrollment of children described in subsection
(a)(1) that constitutes a percentage of the total student
enrollment of the agency that--
``(aa) is not less than 50 percent if such agency receives
a payment on behalf of children described in subparagraphs
(F) and (G) of such subsection; or
``(bb) is not less than 40 percent if such agency does not
receive a payment on behalf of such children;
[[Page S3122]]
``(II)(aa) for a local educational agency that has a total
student enrollment of 350 or more students, has a per-pupil
expenditure that is less than the average per-pupil
expenditure of the State in which the agency is located; or
``(bb) for a local educational agency that has a total
student enrollment of less than 350 students, has a per-pupil
expenditure that is less than the average per-pupil
expenditure of a comparable local educational agency in the
State in which the agency is located, as defined in
regulations promulgated by the Secretary; and
``(III) has a tax rate for general fund purposes that is
not less than 95 percent of the average tax rate for general
fund purposes of local educational agencies in the State.
``(ii) Resumption of eligibility.--A heavily impacted local
educational agency described in clause (i) that becomes
ineligible under such clause for 1 or more fiscal years may
resume eligibility for a basic support payment under this
paragraph for a subsequent fiscal year only if the agency is
a local educational agency whose boundaries are the same as a
Federal military installation, or meets the requirements of
clause (i), for that subsequent fiscal year, except that such
agency shall continue to receive a basic support payment
under this paragraph for the fiscal year for which the
ineligibility determination is made.
``(iii) Application.--With respect to the first fiscal year
for which a heavily impacted local educational agency
described in clause (i) applies for a basic support payment
under subparagraph (A), or with respect to the first fiscal
year for which a heavily impacted local educational agency
applies for a basic support payment under subparagraph (A)
after becoming ineligible under clause (i) for 1 or more
preceding fiscal years, the agency shall apply for such
payment at least 1 year prior to the start of that first
fiscal year.
``(D) Maximum amount for regular heavily impacted local
educational agencies.--(i) Except as provided in subparagraph
(E), the maximum amount that a heavily impacted local
educational agency is eligible to receive under this
paragraph for any fiscal year is the sum of the total
weighted student units, as computed under subsection (a)(2)
and subject to clause (ii), multiplied by the greater of--
``(I) four-fifths of the average per-pupil expenditure of
the State in which the local educational agency is located
for the third fiscal year preceding the fiscal year for which
the determination is made; or
``(II) four-fifths of the average per-pupil expenditure of
all of the States for the third fiscal year preceding the
fiscal year for which the determination is made.
``(ii)(I) For a local educational agency with respect to
which 35 percent or more of the total student enrollment of
the schools of the agency are children described in
subparagraph (D) or (E) (or a combination thereof) of
subsection (a)(1), the Secretary shall calculate the weighted
student units of such children for purposes of subsection
(a)(2) by multiplying the number of such children by a factor
of 0.55.
``(II) For a local educational agency that has an
enrollment of 100 or fewer children described in subsection
(a)(1), the Secretary shall calculate the total number of
weighted student units for purposes of subsection (a)(2) by
multiplying the number of such children by a factor of 1.75.
``(III) For a local educational agency that has an
enrollment of more than 100 but not more than 750 children
described in subsection (a)(1), the Secretary shall calculate
the total number of weighted student units for purposes of
subsection (a)(2) by multiplying the number of such children
by a factor of 1.25.
``(iii) Notwithstanding subsection (a)(3), the Secretary
shall compute the payment for a heavily impacted local
educational agency under this subparagraph for all children
described in subsection (a)(1) that are served by the agency.
``(E) Maximum amount for large heavily impacted local
educational agencies.--(i)(I) Subject to clause (ii), the
maximum amount that a heavily impacted local educational
agency described in subclause (II) is eligible to receive
under this paragraph for any fiscal year shall be determined
in accordance with the formula described in paragraph (1)(C).
``(II) A heavily impacted local educational agency
described in this subclause is a local educational agency
that has a total student enrollment of not less than 25,000
students, of which not less than 50 percent are children
described in subsection (a)(1) and not less than 6,000 of
such children are children described in subparagraphs (A) and
(B) of subsection (a)(1).
``(ii) For purposes of calculating the maximum amount
described in clause (i), the factor used in determining the
weighted student units under subsection (a)(2) with respect
to children described in subparagraphs (A) and (B) of
subsection (a)(1) shall be 1.35.
``(F) Data.--For purposes of providing assistance under
this paragraph the Secretary shall use student, revenue,
expenditure, and tax data from the third fiscal year
preceding the fiscal year for which the local educational
agency is applying for assistance under this paragraph.''.
(c) Payments With Respect to Fiscal Years in Which
Insufficient Funds Are Appropriated.--Section 8003(b)(3) (20
U.S.C. 7703(b)(3)) (as so redesignated) is amended--
(1) in subparagraph (A), by striking ``paragraph (1)'' and
inserting ``paragraphs (1) and (2)'';
(2) in subparagraph (B)--
(A) in the heading, by inserting after ``payments'' the
following: ``in lieu of payments under paragraph (1)''; and
(B) in clause (i)--
(i) in the matter preceding subclause (I), by inserting
before ``by multiplying'' the following: ``in lieu of basic
support payments under paragraph (1)''; and
(ii) in subclause (II), by striking ``(not including
amounts received under subsection (f))'';
(3) by redesignating subparagraph (C) as subparagraph (D);
(4) by inserting after subparagraph (B) the following:
``(C) Learning opportunity threshold payments in lieu of
payments under paragraph (2).--For fiscal years described in
subparagraph (A), the learning opportunity threshold payment
in lieu of basic support payments under paragraph (2) shall
be equal to the amount obtained under subparagraph (D) or (E)
of paragraph (2), as the case may be.''; and
(5) in subparagraph (D) (as so redesignated), by striking
``computation made under subparagraph (B)'' and inserting
``computations made under subparagraphs (B) and (C)''.
(d) Conforming Amendments.--Section 8003 (20 U.S.C. 7703)
is amended--
(1) in the matter preceding subparagraph (A) of subsection
(a)(1), by striking ``subsection (b), (d), or (f)'' and
inserting ``subsection (b) or (d)'';
(2) in subsection (b)--
(A) in paragraph (1)(C), in the matter preceding clause
(i), by striking ``this subsection'' and inserting ``this
paragraph''; and
(B) in paragraph (4) (as so redesignated)--
(i) in subparagraph (A), by striking ``paragraphs (1)(B),
(1)(C), and (2) of this subsection'' and inserting
``subparagraphs (B) and (C) of paragraph (1) or subparagraphs
(B) through (D) of paragraph (2), as the case may be,
paragraph (3) of this subsection''; and
(ii) in subparagraph (B)--
(I) by inserting after ``paragraph (1)(C)'' the following:
``or subparagraph (D) or (E) of paragraph (2), as the case
may be,''; and
(II) by striking ``paragraph (2)(B)'' and inserting
``subparagraph (B) or (C) of paragraph (3), as the case may
be,'';
(3) in subsection (c)(1), by striking ``paragraph (2) and
subsection (f)'' and inserting ``subsections (b)(1)(D),
(b)(2), and paragraph (2)''; and
(4) in subsection (h), by striking ``section 6'' and all
that follows through ``1994)'' and inserting ``section 386 of
the National Defense Authorization Act for Fiscal Year
1993''.
(e) Effective Date.--The time limits imposed by the
amendments made by subsection (a)(1)(B)(iv) shall apply with
respect to payments made to a local educational agency for
fiscal years beginning on or after the date of the enactment
of this Act.
SEC. 805. SUDDEN AND SUBSTANTIAL INCREASES IN ATTENDANCE OF
MILITARY DEPENDENTS.
Section 8006 (20 U.S.C. 7706) is repealed.
SEC. 806. SCHOOL CONSTRUCTION AND FACILITY MODERNIZATION.
(a) School Construction.--Section 8007 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7707) is
amended to read as follows:
``SEC. 8007. SCHOOL CONSTRUCTION.
``(a) Payments Authorized for School Construction.--From 20
percent of the amount appropriated for each fiscal year under
section 8014(d), the Secretary shall make payments to each
local educational agency--
``(1) that receives a basic payment under section 8003(b);
and
``(2)(A) in which the number of children determined under
section 8003(a)(1)(C) constituted at least 50 percent of the
number of children who were in average daily attendance in
the schools of such agency during the preceding school year;
``(B) in which the number of children determined under
subparagraphs (B) and (D)(i) of section 8003(a)(1)
constituted at least 50 percent of the number of children who
were in average daily attendance in the schools of such
agency during the school year preceding the school year for
which the determination is made; or
``(C) that receives assistance under section 8003(b)(2) for
the fiscal year preceding the school year for which the
determination is made.
``(b) Amount of Payments.--The amount of a payment to each
such agency for a fiscal year shall be equal to--
``(1) the amount made available under subsection (a) for
the fiscal year; divided by
``(2) the remainder of--
``(A) the number of children determined under section
8003(a)(2) for all local educational agencies described in
subsection (a) for the fiscal year; minus
``(B) the number of children attending a school facility
described in section 8008(a) for which the Secretary provided
assistance under section 8008(a) for the previous fiscal
year; multiplied by
``(3) the sum of the number of children described in
paragraph (2) determined for such agency for the fiscal year.
``(c) Use of Funds.--Any local educational agency that
receives funds under this section shall use such funds for
construction, as defined in section 8013(3).''.
(b) School Facility Modernization.--Title VIII of such Act
(20 U.S.C. 7701 et seq.) is amended by inserting after
section 8007 (20 U.S.C. 7707) the following:
``SEC. 8007A. SCHOOL FACILITY MODERNIZATION.
``(a) Program Authorized.--
``(1) In general.--From 80 percent of the amount
appropriated for each fiscal year under section 8014(d), the
Secretary shall award grants to eligible local educational
agencies to enable the local educational agencies to carry
out modernization of school facilities.
``(2) Allocation among eligible local educational
agencies.--The Secretary shall allocate--
``(A) 45 percent of the amount made available under
paragraph (1) for each fiscal year for grants to local
educational agencies described in clause (i) or (ii) of
subsection (b)(2)(A);
``(B) 45 percent of such amount for grants to local
educational agencies described in subsection (b)(2)(B); and
[[Page S3123]]
``(C) 10 percent of such amount for grants to local
educational agencies described in subsection (b)(2)(C).
``(3) Special rule.--A local educational agency described
in subsection (b)(2)(B) may use grant funds made available
under this section for a school facility located on or near
Federal property only if the school facility is located at a
school where not less than 50 percent of the children in
average daily attendance in the school for the preceding
school year are children for which a determination is made
under section 8003(a)(1).
``(b) Eligibility Requirements.--A local educational agency
is eligible to receive funds under this section only if--
``(1) such agency (or in the case of a local educational
agency that does not have the authority to tax or issue
bonds, such agency's fiscal agent) has no capacity to issue
bonds or is at such agency's limit in bonded indebtedness for
the purposes of generating funds for capital expenditures,
except that a local educational agency that is eligible to
receive funds under section 8003(b)(2) shall be deemed to
have met the requirements of this paragraph; and
``(2)(A)(i) such agency received assistance under section
8002(a) and has an assessed value of taxable property per
student in the school district that is less than the average
of the assessed value of taxable property per student in the
State in which the local educational agency is located; or
``(ii) had an enrollment of children determined under
section 8003(a)(1)(C) which constituted at least 25 percent
of the number of children who were in average daily
attendance in the schools of such agency during the school
year preceding the school year for which the determination is
made;
``(B) such agency received assistance under section 8003(b)
and had an enrollment of children determined under
subparagraphs (A), (B), and (D) of section 8003(a)(1) which
constituted at least 25 percent of the number of children who
were in average daily attendance in the schools of such
agency during the school year preceding the school year for
which the determination is made; or
``(C) such agency had an enrollment of children determined
under section 8003(a)(1)(C) which constituted at least 50
percent of the number of children who were in average daily
attendance in the schools of such agency during the school
year preceding the school year for which the determination is
made, and has a school facility emergency, as determined by
the Secretary, that poses a health or safety hazard to the
students and school personnel assigned to the school
facility.
``(c) Award Criteria.--In awarding grants under this
section the Secretary shall consider 1 or more of the
following factors:
``(1) The extent to which the local educational agency
lacks the fiscal capacity to undertake the modernization
project without Federal assistance.
``(2) The extent to which property in the local educational
agency is nontaxable due to the presence of the Federal
Government.
``(3) The extent to which the local educational agency
serves high numbers or percentages of children described in
subparagraphs (A), (B), (C), and (D) of section 8003(a)(1).
``(4) The need for modernization to meet--
``(A) the threat that the condition of the school facility
poses to the safety and well-being of students;
``(B) overcrowding conditions as evidenced by the use of
trailers and portable buildings and the potential for future
overcrowding because of increased enrollment; and
``(C) facility needs resulting from actions of the Federal
Government.
``(5) The age of the school facility to be modernized.
``(d) Other Award Provisions.--
``(1) Amount consideration.--In determining the amount of a
grant awarded under this section, the Secretary shall
consider the cost of the modernization and the ability of the
local educational agency to produce sufficient funds to carry
out the activities for which assistance is sought.
``(2) Federal share.--The Federal funds provided to a local
educational agency under this section shall not exceed 50
percent of the total cost of the project to be assisted under
this section. A local educational agency may use in-kind
contributions to meet the matching requirement of the
preceding sentence.
``(3) Maximum grant.--A local educational agency may not
receive a grant under this section in an amount that exceeds
$3,000,000 during any 5-year period.
``(e) Applications.--A local educational agency desiring to
receive a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
require. Each application shall contain--
``(1) documentation of the agency's lack of bonding
capacity;
``(2) a listing of the school facilities to be modernized,
including the number and percentage of children determined
under section 8003(a)(1) in average daily attendance in each
school facility;
``(3) a description of the ownership of the property on
which the current school facility is located or on which the
planned school facility will be located;
``(4) a description of any school facility deficiency that
poses a health or safety hazard to the occupants of the
school facility and a description of how that deficiency will
be repaired;
``(5) a description of the modernization to be supported
with funds provided under this section;
``(6) a cost estimate of the proposed modernization; and
``(7) such other information and assurances as the
Secretary may reasonably require.
``(f) Emergency Grants.--
``(1) Applications.--Each local educational agency
described in subsection (b)(2)(C) that desires a grant under
this section shall include in the application submitted under
subsection (e) a signed statement from an appropriate State
official certifying that a health or safety deficiency
exists.
``(2) Inapplicability of certain provisions.--Paragraphs
(2) and (3) of subsection (d) shall not apply to grants under
this section awarded to local educational agencies described
in subsection (b)(2)(C).
``(3) Special rules.--The Secretary shall make every effort
to meet fully the school facility needs of local educational
agencies described in subsection (b)(2)(C).
``(4) Priority.--If the Secretary receives more than 1
application from local educational agencies described in
subsection (b)(2)(C) for grants under this section for any
fiscal year, the Secretary shall give priority to local
educational agencies based on when an application was
received and the severity of the emergency as determined by
the Secretary.
``(5) Consideration for following year.--A local
educational agency described in subsection (b)(2)(C) that
applies for a grant under this section for any fiscal year
and does not receive the grant shall have the application for
the grant considered for the following fiscal year, subject
to the priority described in paragraph (4).
``(g) General Limitations.--
``(1) Real property.--No part of any grant funds awarded
under this section shall be used for the acquisition of any
interest in real property.
``(2) Maintenance.--Nothing in this section shall be
construed to authorize the payment of maintenance costs in
connection with any school facilities modernized in whole or
in part with Federal funds provided under this section.
``(3) Environmental safeguards.--All projects carried out
with Federal funds provided under this section shall comply
with all relevant Federal, State, and local environmental
laws and regulations.
``(4) Athletic and similar school facilities.--No Federal
funds received under this section shall be used for outdoor
stadiums or other school facilities that are primarily used
for athletic contests or exhibitions, or other events, for
which admission is charged to the general public.
``(h) Supplement Not Supplant.--An eligible local
educational agency shall use funds received under this
section only to supplement the amount of funds that would, in
the absence of such Federal funds, be made available from
non-Federal sources for the modernization of school
facilities used for educational purposes, and not to supplant
such funds.''.
SEC. 807. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE
AID.
Section 8009 (20 U.S.C. 7709) is amended--
(1) in subsection (a)(1), by striking ``or under'' and all
that follows through ``of 1994)'';
(2) by amending subsection (b)(1) to read as follows:
``(1) In general.--A State may reduce State aid to a local
educational agency that receives a payment under section 8002
or 8003(b) (except the amount calculated in excess of 1.0
under section 8003(a)(2)(B)) for any fiscal year if the
Secretary determines, and certifies under subsection
(c)(3)(A), that the State has in effect a program of State
aid that equalizes expenditures for free public education
among local educational agencies in the State.''; and
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter proceeding subparagraph (A), by striking
``or under'' and all that follows through ``of 1994)''; and
(ii) in subparagraph (B), by striking ``or under'' and all
that follows through ``of 1994)''; and
(B) in paragraph (2), by striking ``or under'' and all that
follows through ``of 1994)''.
SEC. 808. FEDERAL ADMINISTRATION.
Section 8010(c) (20 U.S.C. 7710(c)) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(3) in paragraph (1) (as so redesignated), by striking
``paragraph (3)'' each place the term appears and inserting
``paragraph (2)''; and
(4) in paragraph (2) (as so redesignated)--
(A) in subparagraph (D), by striking ``section 5(d)(2)''
and all that follows through ``of 1994) or''; and
(B) in subparagraph (E)--
(i) by striking ``1994'' and inserting ``1999'';
(ii) by striking ``(or such section's predecessor
authority)''; and
(iii) by striking ``paragraph (2)'' and inserting
``paragraph (1)''.
SEC. 809. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
Section 8011(a) (20 U.S.C. 7711(a)) is amended--
(1) by striking ``the Act'' and all that follows through
``of 1994)'' and inserting ``this title's predecessor
authorities''; and
(2) by inserting before the period ``, if a request for
such hearing is submitted to the Secretary by the affected
local educational agency or State educational agency not
later than 60 days after receiving notice that such action
has occurred''.
SEC. 810. FORGIVENESS OF OVERPAYMENTS.
The matter preceding paragraph (1) of section 8012 (20
U.S.C. 7712) is amended by striking ``under the Act'' and all
that follows through ``of 1994)'' and inserting ``under this
title's predecessor authorities''.
SEC. 811. APPLICABILITY.
Title VIII is amended by inserting after section 8012 (20
U.S.C. 7712) the following:
``SEC. 8012A. APPLICABILITY TO THIS TITLE.
``Part B of title IV, parts D, E, and F of title VI, and
part A of title X, shall not apply to this title.''.
[[Page S3124]]
SEC. 812. DEFINITIONS.
Section 8013 (20 U.S.C. 7713) is amended--
(1) in the first sentence of paragraph (4), by striking
``title VI'' and inserting ``part A of title VI'';
(2) in paragraph (5)--
(A) in subparagraph (A)(iii)--
(i) in subclause (I)--
(I) by striking ``low-rent'' and inserting ``low-income'';
and
(II) by striking ``or'' after the semicolon; and
(ii) by adding at the end the following:
``(III) used for affordable housing assisted under the
Native American Housing Assistance and Self-Determination Act
of 1996; or''; and
(B) in subparagraph (F)(i), by striking ``the mutual'' and
all that follows through ``1937'' and inserting ``or
authorized by the Native American Housing Assistance and
Self-Determination Act of 1996'';
(3) in paragraph (8)(B), by striking ``all States'' and
inserting ``the 50 States and the District of Columbia'';
(4) in paragraph (9)(B)(i), by striking ``or the Act'' and
all that follows through ``of 1994)'' and inserting ``(or
under this title's predecessor authorities)'';
(5) by redesignating paragraphs (11) and (12) as paragraphs
(12) and (13), respectively;
(6) by inserting after paragraph (10) the following:
``(11) Modernization.--The term `modernization' means
repair, renovation, alteration, or construction, including--
``(A) the concurrent installation of equipment; and
``(B) the complete or partial replacement of an existing
school facility, but only if such replacement is less
expensive and more cost-effective than repair, renovation, or
alteration of the school facility.''; and
(7) by amending paragraph (13) (as so redesignated) to read
as follows:
``(13) School facility.--The term `school facility'
includes--
``(A) a classroom, laboratory, library, media center, or
related facility, the primary purpose of which is the
instruction of public elementary school or secondary school
students; and
``(B) equipment, machinery, and utilities necessary or
appropriate for school purposes.''.
SEC. 813. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 8014 (20 U.S.C. 7714) is amended--
(1) in subsection (a), by striking ``$16,750,000 for fiscal
year 1995'' and inserting ``$35,000,000 for fiscal year
2001'';
(2) by amending subsection (b) to read as follows:
``(b) Basic Payments; Payments for Heavily Impacted Local
Educational Agencies.--For the purpose of making payments
under subsection (b) of section 8003, there are authorized to
be appropriated $875,000,000 for fiscal year 2001 and such
sums as may be necessary for each of the 4 succeeding fiscal
years.'';
(3) in subsection (c), by striking ``$45,000,000 for fiscal
year 1995'' and inserting ``$60,000,000 for fiscal year
2001'';
(4) by striking subsection (d);
(5) by redesignating subsections (e), (f) and (g) as
subsections (d), (e) and (f), respectively;
(6) in subsection (d) (as so redesignated)--
(A) in the subsection heading by inserting ``and Facility
Modernization'' after ``Construction'';
(B) by striking ``section 8007'' and inserting ``sections
8007 and 8007A''; and
(C) by striking ``$25,000,000 for fiscal year 1995'' and
inserting ``$62,500,000 for fiscal year 2001'';
(7) in subsection (e) (as so redesignated), by striking
$2,000,000 for fiscal year 1995'' and inserting ``$7,000,000
for fiscal year 2001''; and
(8) in subsection (f) (as so redesignated), by striking
``such sums as are necessary beginning in fiscal year 1998
and for each succeeding fiscal year'' and inserting
``$500,000 for fiscal year 2001 and such sums as may be
necessary for each of the 4 succeeding fiscal years''.
(b) Conforming Amendments.--Title VIII (20 U.S.C. 7701 et
seq.) is amended--
(1) in section 8002(j)(1) (20 U.S.C. 7702(j)(1)), by
striking ``8014(g)'' and inserting ``8014(f)''; and
(2) in section 8008(a) (20 U.S.C. 7708(a)), by striking
``8014(f)'' and inserting ``8014(e)''.
SEC. 814. TECHNICAL AND CONFORMING AMENDMENT.
Section 426 of the General Education Provisions Act (20
U.S.C. 1228) is amended by striking ``subsections (d) and (g)
of section 8003'' and inserting ``section 8003(d)''.
TITLE IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
SEC. 901. PROGRAMS.
Title IX (20 U.S.C. 7801 et seq.) is amended to read as
follows:
``TITLE IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
``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 the standards described in
subparagraph (A); 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 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 already dropped out of school by 1990;
``(5) during the period from 1980 to 1990, the percentage
of Indian individuals living at or below the poverty level
increased from 24 percent to 31 percent, and the readiness of
Indian children to learn is hampered by the high incidence of
poverty, unemployment, and health problems among Indian
children and their families; and
``(6) research related specifically to the education of
Indian children and adults is very limited, and much of the
research is of poor quality or is focused on limited local or
regional issues.
``SEC. 9102. PURPOSE.
``(a) Purpose.--The purpose of this part is 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 Indian and Alaska Native students,
so that such students can meet the same challenging State
performance standards as are expected for all 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.
``The purpose of this subpart is to support local
educational agencies in their efforts to reform elementary
school 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 to meet those
standards and assist the Nation in reaching the National
Education Goals.
``SEC. 9112. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) In General.--The Secretary may make grants to local
educational agencies and Indian tribes in accordance with
this section.
``(b) Local Educational Agencies.--
``(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 who are 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.
``(c) Indian Tribes.--
``(1) In general.--If a local educational agency that is
otherwise eligible for a grant under this subpart does not
establish a parent committee under section 9114(c)(4), an
Indian tribe that represents not less than \1/2\ of the
eligible Indian children who are served by such local
educational agency may apply for such grant by submitting an
application in accordance with section 9114.
``(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 shall
not be subject to section 9114(c)(4) (relating to a parent
committee), section 9118(c) (relating to maintenance of
effort), or section 9119 (relating to State review of
applications).
``SEC. 9113. AMOUNT OF GRANTS.
``(a) Amount of Grant Awards.--
``(1) In general.--Except as provided in subsections (c)
and (d), for purposes of making grants under this subpart the
Secretary shall allocate to each local educational agency
that 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 of
all the States.
``(2) Reduction.--The Secretary shall reduce the amount of
each allocation determined under paragraph (1) or subsection
(b) in accordance with subsection (c).
``(b) Schools Operated or Supported by the Bureau of Indian
Affairs.--
[[Page S3125]]
``(1) In general.--In addition to the grants awarded under
subsection (a), and subject to paragraph (2), for purposes of
making grants under this subpart the Secretary shall allocate
to the Secretary of the Interior an amount equal to the
product of--
``(A) the total number of Indian children enrolled in
schools that are operated by--
``(i) the Bureau of Indian Affairs; or
``(ii) an Indian tribe, or an organization controlled or
sanctioned by an Indian tribal government, for the children
of such tribe under a contract with, or grant from, the
Department of the Interior under the Indian Self-
Determination Act or the Tribally Controlled Schools Act of
1988; 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 of
all the States.
``(2) Special rule.--Any school described in paragraph (1)
may apply for an allocation under this subpart by submitting
an application in accordance with section 9114. The Secretary
shall treat the school as if the school were a local
educational agency for purposes of this subpart, except that
any such school shall not be subject to section 9114(c)(4),
9118(c), or 9119.
``(c) 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) and for the Secretary of the Interior
under subsection (b), each of those amounts shall be ratably
reduced.
``(d) Minimum Grant.--
``(1) In general.--Notwithstanding subsection (c), a local
educational agency (including 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 (b), 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
grant recipients if the Secretary determines such increase is
necessary to ensure quality programs.
``(e) Definition.--In this section, the term `average per-
pupil expenditure', for 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 and for whom such agencies provided
free public education during such preceding fiscal year.
``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 description of
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) describes how the comprehensive program will offer
programs and activities to meet the culturally related
academic needs of American Indian and Alaska Native students;
``(2)(A) is consistent with the State and local plans
submitted 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
adopted under title I for all children;
``(3) explains how Federal, State, and local programs,
especially programs carried out 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 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 prepare and submit
to the Secretary such reports, 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 activities carried out
with 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 for whom the local educational agency is
providing an education;
``(B) will use the best available talents and resources,
including individuals from the Indian community; and
``(C) was developed by such agency in open consultation
with parents of Indian children and teachers, and, if
appropriate, Indian students from secondary schools,
including through public hearings held by such agency to
provide to 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 in the schools; and
``(ii) if appropriate, Indian students attending secondary
schools of the agency;
``(B) a majority of whose members are parents of Indian
children;
``(C) that has set 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 carried out in accordance with section
9115(c), that has--
``(i) reviewed in a timely fashion the program; and
``(ii) determined that the program will enhance the
availability of culturally related activities for American
Indian and Alaska Native students; and
``(E) that 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;
``(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 Services and 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 Public Law 103-239 and Public Law 88-210,
including programs for tech-prep, mentoring, and
apprenticeship activities;
``(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 purpose
described in section 9111;
``(8) activities that promote the incorporation of
culturally responsive teaching and learning strategies into
the educational program of the local educational agency;
``(9) activities that incorporate American Indian and
Alaska Native specific curriculum content, consistent with
State standards, into the curriculum used by the local
educational agency;
``(10) activities to promote coordination and collaboration
between tribal, Federal, and State public schools in areas
that will improve American Indian and Alaska Native student
achievement; and
``(11) family literacy services.
``(c) Schoolwide Programs.--Notwithstanding any other
provision of law, a local
[[Page S3126]]
educational agency may use funds made available to such
agency under this subpart to support a schoolwide program
under section 1114 if--
``(1) the committee composed of parents established
pursuant to section 9114(c)(4) approves the use of the funds
for the schoolwide program; and
``(2) the schoolwide program is consistent with the purpose
described in section 9111.
``(d) Administrative Costs.--Not more than 5 percent of the
funds made available to a local educational agency through a
grant made under this subpart for a fiscal year may be used
to pay for administrative costs.
``SEC. 9116. INTEGRATION OF SERVICES AUTHORIZED.
``(a) Plan.--An entity receiving funds under this subpart
may submit a plan to the Secretary for a demonstration
project for the integration of education and related services
provided to Indian students.
``(b) Consolidation of Programs.--Upon the receipt of an
acceptable plan under subsection (a), 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 consolidate, in accordance
with such plan, the federally funded education and related
services programs of the applicant and the agencies, or
portions of the programs, 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 funds for any
Federal program exclusively serving Indian children, or the
funds reserved exclusively to serve Indian children under any
program, for which the applicant is eligible for receipt of
funds under a statutory or administrative formula for the
purposes of providing education and related services for
Indian students.
``(d) Plan Requirements.--For a plan to be acceptable
pursuant to subsection (b), the plan shall--
``(1) identify the programs or funding sources to be
consolidated;
``(2) be consistent with the objectives of this section
authorizing the program services to be integrated in a
demonstration project;
``(3) describe a comprehensive strategy that identifies the
full range of potential educational opportunities and related
services to be provided to assist Indian students to achieve
the objectives set forth in this subpart;
``(4) describe the way in which the 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 State, tribal, or local 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 the plan;
``(8) set forth measures of student achievement and
performance goals designed to be met within a specified
period of time for activities provided under the plan; and
``(9) be approved by a parent committee formed in
accordance with section 9114(c)(4), if such a committee
exists, in consultation with the Committee on Resources of
the House of Representatives and the Committee on Indian
Affairs of the Senate.
``(e) Plan Review.--Upon receipt of the plan from an
eligible entity, the Secretary shall consult with the head of
each Federal agency 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 regulations, policies, or
procedures necessary to enable the applicant to implement the
plan. Notwithstanding any other provision of law, the
Secretary of the affected agency shall have the authority to
waive, for the applicant, any regulation, policy, or
procedure promulgated by that agency that has been so
identified by the applicant or agency, unless the head of the
affected agency determines that such a waiver is inconsistent
with the objectives of this subpart or the provisions of the
statute from which the program involved derives authority
that are specifically applicable to Indian students.
``(f) Plan Approval.--Within 90 days after the receipt of
an applicant's plan by the Secretary under subsection (a),
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 the 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
Educational Opportunities Act, the Secretary of Education,
the Secretary of the Interior, and the head of any other
Federal agency identified by the Secretary of Education,
shall enter into an interagency memorandum of agreement
providing for the implementation of the demonstration
projects authorized under this section. The lead agency for a
demonstration project authorized under this section shall
be--
``(1) the Department of the Interior, in the case of an
applicant that is a contract or grant school, as defined in
section 1146 of the Education Amendments of 1978; or
``(2) the Department of Education, in the case of any other
applicant.
``(h) Responsibilities of Lead Agency.--The
responsibilities of the lead agency for a demonstration
project 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.--
``(1) In general.--The Secretary shall develop, consistent
with the requirements of this section, a single report format
for the reports described in subsection (h).
``(2) Report information.--Such report format shall require
that the reports shall--
``(A) contain such information as will allow a
determination that the eligible entity has complied with the
requirements incorporated in the entity's approved plan,
including the demonstration of student achievement; and
``(B) provide assurances to the Secretary of Education and
the Secretary of the Interior that the eligible entity has
complied with all directly applicable statutory requirements
and with those directly applicable regulatory requirements
that have not been waived.
``(3) Record information.--The Secretary shall require that
records maintained at the local level on the programs
consolidated for the project shall contain the information
and provide the assurances described in paragraph (2).
``(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
objectives of this section.
``(l) Administration of Funds.--
``(1) In general.--An eligible entity shall administer the
program funds for the consolidated programs in such a manner
as to allow for a determination that funds from a specific
program are spent on allowable activities authorized under
such program, except that the eligible entity shall determine
the proportion of the funds that 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 the approved plan to the
individual programs under which funds were authorized for the
services or activities, nor shall the eligible entity be
required to allocate expenditures among such individual
programs.
``(m) Overage.--The eligible entity may commingle all
administrative funds from the consolidated programs and shall
be entitled to the full amount of such funds (under each
program's or agency's regulations). The overage (defined as
the difference between the amount of the commingled funds and
the actual administrative cost of the programs) shall be
considered to be properly spent for Federal audit purposes,
if 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 responsibilities for
safeguarding Federal funds pursuant to chapter 75 of title
31, United States Code.
``(o) Report on Statutory Obstacles to Program
Integration.--
``(1) Preliminary report.--Not later than 2 years after the
date of enactment of the Educational Opportunities Act, the
Secretary of Education shall submit a preliminary report to
the Committee on Education and the Workforce and the
Committee on Resources of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions and
the Committee on Indian Affairs of the Senate on the status
of the implementation of the demonstration projects
authorized under this section.
``(2) Final report.--Not later than 5 years after the date
of enactment of the Educational Opportunities Act, the
Secretary of Education shall submit a report to the Committee
on Education and the Workforce and the Committee on Resources
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions and the Committee on Indian
Affairs of the Senate on the results of the implementation of
the demonstration projects 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 objectives of this section.
``(p) Definition.--In this section, the term `Secretary'
means--
``(1) the Secretary of the Interior, in the case of an
applicant that is a contract or grant school, as defined in
section 1146 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
[[Page S3127]]
forth information establishing the status of the child as an
Indian child eligible for assistance under this subpart, and
that otherwise meets the requirements of subsection (b).
``(b) Forms.--
``(1) In general.--The form described in subsection (a)
shall include--
``(A) either--
``(i)(I) the name of the tribe or band of Indians (as
defined in section 9161(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 tribe or band of
Indians (as so defined), the name, the enrollment number (if
readily available), and the name and address of the
organization responsible for maintaining updated and accurate
membership rolls, of any parent or grandparent of the child
from whom the child claims eligibility under this subpart;
``(B) a statement of whether the tribe or band of Indians
(as so defined) with respect to which the child, or parent or
grandparent of the child, claims membership is federally
recognized;
``(C) the name and address of the parent or legal guardian
of the child;
``(D) a signature of the parent or legal guardian of the
child that verifies the accuracy of the information supplied;
and
``(E) any other information that the Secretary considers
necessary to provide an accurate program profile.
``(2) Minimum information.--In order for a child to be
eligible to be counted for the purpose of computing the
amount of a grant award made under section 9113, an
eligibility form prepared pursuant to this section for a
child shall include--
``(A) the name of the child;
``(B) the name of the tribe or band of Indians (as so
defined) with respect to which the child claims membership;
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
computing 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 1985-86 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 eligibility under this subpart; 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 award under section 9113, the
membership of the child, or any parent or grandparent of the
child, in a tribe or band of Indians (as so defined) 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) Review.--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 local
educational agencies that are recipients of grants under this
subpart. The sampling conducted under this paragraph shall
take into account the size of such a local educational agency
and the geographic location of such agency.
``(B) Exception.--A local educational agency may not be
held liable to the United States or be subject to any penalty
by reason of the findings of an audit that relates to the
date of completion, or the date of submission, of any forms
used to establish, before April 28, 1988, the eligibility of
a child for entitlement under the Indian Elementary and
Secondary School Assistance Act.
``(2) False information.--Any local educational agency that
provides false information in an application for a grant
under this subpart shall--
``(A) be ineligible to apply for any other grant under this
subpart; and
``(B) be liable to the United States for any funds from the
grant 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 award under section 9113.
``(g) Tribal Grant and Contract Schools.--Notwithstanding
any other provision of this section, the Secretary, in
computing the amount of a grant award under section 9113 to a
tribal school that receives a grant or contract from the
Bureau of Indian Affairs, shall use only 1 of the following,
as selected by the school:
``(1) A count, certified by the Bureau, of the number of
students in the school.
``(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 computing the amount
of a local educational agency's grant award under section
9113 (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, if 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 computed 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 in a State the full amount of a grant
award computed under section 9113 for any fiscal year unless
the State educational agency notifies the Secretary, and the
Secretary determines, that with respect to the provision of
free public education by the local educational agency for the
preceding fiscal year, that the combined fiscal effort of the
local educational agency and the State, computed on either a
per student or aggregate expenditure basis was not less than
90 percent of the amount of the combined fiscal effort,
computed on the same basis, for the second preceding fiscal
year.
``(2) Failure.--If, for any fiscal year, the Secretary
determines that a local educational agency and State failed
to maintain the combined fiscal effort 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 the failure to maintain the fiscal effort at
such level; and
``(B) not use the reduced amount of the combined fiscal
effort for the 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) during the fiscal year for which the
determination is made.
``(3) Waiver.--
``(A) In general.--The Secretary may waive the requirement
of paragraph (1) for a local educational agency, 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) Future determinations.--The Secretary shall not use
the reduced amount of the combined fiscal effort for the year
for which the 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 during
the fiscal year for which the waiver is granted.
``(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 the application. If the State educational agency
comments on the application, the agency shall comment on each
such application submitted by a local educational agency in
the State and shall provide the comment to the appropriate
local educational agency, 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.--The purpose of this section is 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--
[[Page S3128]]
``(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.--In this section, the term
`eligible entity' means a State educational agency, local
educational agency, Indian tribe, Indian organization,
federally supported elementary school or secondary school for
Indian students, Indian institution (including an Indian
institution of higher education) or a consortium of such
entities.
``(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 1 or more of the core academic subjects of
English, mathematics, science, foreign languages, art,
history, and geography;
``(C) bilingual and bicultural programs and projects;
``(D) special health and nutrition services, and other
related activities, that address the special health, social,
and psychological problems of Indian children;
``(E) special compensatory and other programs and projects
designed to assist and encourage Indian children to enter,
remain in, or reenter school, and to increase the rate of
secondary school graduation for Indian children;
``(F) comprehensive guidance, counseling, and testing
services;
``(G) early childhood and kindergarten programs, including
family-based preschool programs that emphasize school
readiness and parental skills, and the provision of services
to Indian children with disabilities;
``(H) partnership projects between local educational
agencies and institutions of higher education that allow
secondary school students to enroll in courses at the
postsecondary level to aid such students in the transition
from secondary school to postsecondary education;
``(I) partnership projects between schools and local
businesses for school-to-work transition programs designed to
provide Indian youth with the knowledge and skills the youth
need to make an effective transition from school to a first
job in a high-skill, high-wage career;
``(J) programs designed to encourage and assist Indian
students to work toward, and gain entrance into, an
institution of higher education;
``(K) family literacy services; or
``(L) other services that meet the purpose described in
subsection (a)(1).
``(2) Pre-service or in-service training.--Pre-service or
in-service training of professional and paraprofessional
personnel may be a part of any program assisted under this
section.
``(d) Grant Requirements and Applications.--
``(1) Grant requirements.--
``(A) In general.--The Secretary may make multiyear grants
under subsection (c) for the planning, development, pilot
operation, or demonstration of any activity described in
subsection (c). The Secretary shall make the grants for
periods of not more than 5 years.
``(B) Priority.--In making multiyear grants described in
this paragraph, the Secretary shall give priority to entities
submitting applications that present a plan for combining 2
or more of the activities described in subsection (c) over a
period of more than 1 year.
``(C) Progress.--The Secretary shall make a payment for a
grant described in this paragraph to an eligible entity after
the initial year of the multiyear grant period 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 (3) and any subsequent modifications to such
application.
``(2) Dissemination grants.--
``(A) In general.--In addition to awarding the multiyear
grants described in paragraph (1), the Secretary may award
grants under subsection (c) to eligible entities for the
dissemination of exemplary materials or programs assisted
under this section.
``(B) Determination.--The Secretary may award a
dissemination grant described in this paragraph if, prior to
awarding the grant, the Secretary determines that the
material or program to be disseminated--
``(i) has been adequately reviewed;
``(ii) has demonstrated educational merit; and
``(iii) can be replicated.
``(3) Application.--
``(A) In general.--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) Contents.--Each application submitted to the
Secretary under subparagraph (A), other than an application
for a dissemination grant under paragraph (2), 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
for the activities is a research-based program, which may
include a program that has been modified to be culturally
appropriate for students who will be served;
``(iv) a description of how the applicant will incorporate
the proposed activities into the ongoing school program
involved 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 grant recipient under this subpart for
any fiscal year may be used to pay for administrative costs.
``SEC. 9122. PROFESSIONAL DEVELOPMENT.
``(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.--In this section, the term
`eligible entity' means a consortium of--
``(1) a State or local educational agency; and
``(2) an institution of higher education (including an
Indian institution of higher education) or an Indian tribe or
organization.
``(c) Program Authorized.--The Secretary is authorized to
award grants to eligible entities with applications approved
under subsection (e) to enable such entities to carry out the
activities described in subsection (d).
``(d) Authorized Activities.--
``(1) In general.--Grant funds made available under
subsection (c) shall be used for activities to provide
support and training for Indian individuals in a manner
consistent with the purposes of this section. Such activities
may include continuing programs, symposia, workshops,
conferences, and direct financial support.
``(2) Special rules.--
``(A) Type of training.--For education personnel, the
training received pursuant to a grant awarded under
subsection (c) may be in-service or pre-service training.
``(B) Program.--For individuals who are being trained to
enter any field other than education, the training received
pursuant to a grant awarded under subsection (c) shall be in
a program that results in a graduate degree.
``(e) Application.--Each eligible entity desiring a grant
under subsection (c) 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 awarding grants under subsection
(c), the Secretary--
``(1) shall consider the prior performance of an eligible
entity; and
``(2) may not limit eligibility to receive a grant under
subsection (c) 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 awarded under subsection
(c) shall be awarded for a program of activities of not more
than 5 years.
``(h) Service Obligation.--
``(1) In general.--The Secretary shall require, by
regulation, that an individual who receives pre-service
training pursuant to a grant awarded under subsection (c)--
``(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 for the training.
``(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a recipient of
the pre-service training 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
described in paragraph (1).
``(i) Inservice Training for Teachers of Indian Children.--
``(1) Grants authorized.--In addition to the grants
authorized by subsection (c), the Secretary may make grants
to eligible consortia for the provision of high quality in-
service training. The Secretary may make such a grant to--
``(A) a consortium of a tribal college and an institution
of higher education that awards a degree in education; or
``(B) a consortium of--
``(i) a tribal college;
``(ii) an institution of higher education that awards a
degree in education; and
``(iii) 1 or more elementary schools or secondary schools
operated by the Bureau of Indian Affairs, local educational
agencies serving Indian children, or tribal educational
agencies.
``(2) Use of funds.--
``(A) In-service training.--A consortium that receives a
grant under paragraph (1) shall use the grant funds only to
provide high quality in-service training to teachers,
including teachers who are not Indians, in schools of local
educational agencies with substantial numbers of Indian
children enrolled in their schools, in order to better meet
the needs of those children.
``(B) Components.--The training described in subparagraph
(A) shall include such activities as preparing teachers to
use the best available research-based practices and learning
strategies, and to make the most effective use of curricula
and materials, to respond to the unique needs of Indian
children in their classrooms.
``(3) Preference for indian applicants.--In applying
section 9153 to this subsection, the Secretary shall give a
preference to any consortium that includes 1 or more of the
entities described in that section.
``SEC. 9123. FELLOWSHIPS FOR INDIAN STUDENTS.
``(a) Fellowships.--
[[Page S3129]]
``(1) Authority.--The Secretary is authorized to award
fellowships to Indian students to enable such students to
study in graduate and professional programs at institutions
of higher education.
``(2) Requirements.--The fellowships described in paragraph
(1) shall be awarded to Indian students to enable such
students to pursue a course of study--
``(A) of not more than 4 academic years; and
``(B) that leads--
``(i) toward a postbaccalaureate degree in medicine,
clinical psychology, psychology, law, education, or a related
field; or
``(ii) to an undergraduate or graduate degree in
engineering, business administration, natural resources, or a
related field.
``(b) Stipends.--The Secretary shall pay to Indian students
awarded fellowships under subsection (a) such stipends
(including allowances for subsistence of such students and
dependents of such students) as the Secretary determines to
be consistent with prevailing practices under comparable
federally supported programs.
``(c) Payments to Institutions in Lieu of Tuition.--The
Secretary shall pay to the institution of higher education at
which such a fellowship recipient is pursuing a course of
study, in lieu of tuition charged to such recipient, such
amounts as the Secretary may determine to be necessary to
cover the cost of education provided to such recipient.
``(d) Special Rules.--
``(1) In general.--If a fellowship awarded under subsection
(a) is vacated prior to the end of the period for which the
fellowship is awarded, the Secretary may award an additional
fellowship for the unexpired portion of the period of the
first fellowship.
``(2) Written notice.--Not later than 45 days before the
commencement of an academic term, the Secretary shall provide
to each individual who is awarded a fellowship under
subsection (a) for such academic term written notice of--
``(A) the amount of the funding for the fellowship; and
``(B) any stipends or other payments that will be made
under this section to, or for the benefit of, the individual
for the academic term.
``(3) Priority.--Not more than 10 percent of the
fellowships awarded under subsection (a) shall be awarded, on
a priority basis, to persons receiving training in guidance
counseling with a specialty in the area of alcohol and
substance abuse counseling and education.
``(e) Service Obligation.--
``(1) In general.--The Secretary shall require, by
regulation, that an individual who receives financial
assistance under this section--
``(A) perform work--
``(i) related to the training for which the individual
receives the assistance under this section; and
``(ii) that benefits Indian people; or
``(B) repay all or a prorated portion of such assistance.
``(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a recipient of
assistance 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
described in paragraph (1).
``(f) Administration of Fellowships.--The Secretary may
administer the fellowships authorized under this section
through a grant to, or contract or cooperative agreement
with, an Indian organization with demonstrated qualifications
to administer all facets of the program assisted under this
section.
``SEC. 9124. GIFTED AND TALENTED INDIAN STUDENTS.
``(a) Program Authorized.--The Secretary is authorized to--
``(1) establish 2 centers for gifted and talented Indian
students at tribally controlled community colleges in
accordance with this section; and
``(2) support demonstration projects described in
subsection (c).
``(b) Eligible Entities.--The Secretary shall make grants,
or enter into contracts, for the activities described in
subsection (a), to or with--
``(1) 2 tribally controlled community colleges that--
``(A) are eligible for funding under the Tribally
Controlled College or University Assistance Act of 1978; and
``(B) are fully accredited; or
``(2) if the Secretary does not receive applications that
the Secretary determines to be approvable from 2 colleges
that meet the requirements of paragraph (1), the American
Indian Higher Education Consortium.
``(c) Use of Funds.--
``(1) In general.--Funds made available through the grants
made, or contracts entered into, by the Secretary under
subsection (b) shall be used for--
``(A) the establishment of centers described in subsection
(a); and
``(B) carrying out demonstration projects designed to--
``(i) address the special needs of Indian students in
elementary schools and secondary schools who are gifted and
talented; and
``(ii) provide such support services to the families of the
students described in clause (i) as are needed to enable such
students to benefit from the projects.
``(2) Subcontracts.--Each recipient of a grant or contract
under subsection (b) to carry out a demonstration project
under subsection (a) may enter into a contract with any other
entity, including the Children's Television Workshop, to
carry out the demonstration project.
``(3) Demonstration projects.--Demonstration projects
assisted under subsection (b) may include--
``(A) the identification of the special needs of gifted and
talented Indian students, particularly at the elementary
school level, giving attention to--
``(i) identifying the emotional and psychosocial needs of
such students; and
``(ii) providing such support services to the families of
such students as are needed to enable such students to
benefit from the project;
``(B) the conduct of educational, psychosocial, and
developmental activities that the Secretary determines hold a
reasonable promise of resulting in substantial progress
toward meeting the educational needs of such gifted and
talented children, including--
``(i) demonstrating and exploring the use of Indian
languages and exposure to Indian cultural traditions; and
``(ii) carrying out mentoring and apprenticeship programs;
``(C) the provision of technical assistance and the
coordination of activities at schools that receive grants
under subsection (d) with respect to the activities assisted
under such grants, the evaluation of programs assisted under
such grants, or the dissemination of such evaluations;
``(D) the use of public television in meeting the special
educational needs of such gifted and talented children;
``(E) leadership programs designed to replicate programs
for such children throughout the United States, including
disseminating information derived from the demonstration
projects conducted under subsection (a); and
``(F) appropriate research, evaluation, and related
activities pertaining to the needs of such children and to
the provision of such support services to the families of
such children as are needed to enable such children to
benefit from the project.
``(4) Application.--Each entity desiring a grant or
contract under subsection (b) shall submit an application to
the Secretary at such time and in such manner as the
Secretary may prescribe.
``(d) Additional Grants.--
``(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, shall award 5 grants to schools
funded by the Bureau of Indian Affairs (referred to
individually in this section as a `Bureau school') for
program research and development and the development and
dissemination of curriculum and teacher training material,
regarding--
``(A) gifted and talented students;
``(B) college preparatory studies (including programs for
Indian students with an interest in pursuing teaching
careers);
``(C) students with special culturally related academic
needs, including students with social, lingual, and cultural
needs; or
``(D) mathematics and science education.
``(2) Applications.--Each Bureau school desiring a grant to
conduct 1 or more of the activities described in paragraph
(1) shall submit an application to the Secretary at such time
and in such manner as the Secretary may prescribe.
``(3) Special rule.--Each application described in
paragraph (2) shall be developed, and each grant under this
subsection shall be administered, jointly by the supervisor
of the Bureau school and the local educational agency serving
such school.
``(4) Requirements.--In awarding grants under paragraph
(1), the Secretary shall achieve a mixture of the programs
described in paragraph (1) that ensures that Indian students
at all grade levels and in all geographic areas of the United
States are able to participate in a program assisted under
this subsection.
``(5) Grant period.--Subject to the availability of
appropriations, a grant awarded under paragraph (1) shall be
awarded for a 3-year period and may be renewed by the
Secretary for additional 3-year periods if the Secretary
determines that the performance of the grant recipient has
been satisfactory.
``(6) Dissemination.--
``(A) Cooperative efforts.--The dissemination of any
materials developed from activities assisted under paragraph
(1) shall be carried out in cooperation with entities that
receive funds pursuant to subsection (b).
``(B) Report.--The Secretary shall prepare and submit to
the Secretary of the Interior and to Congress a report
concerning any results from activities described in this
subsection.
``(7) Evaluation costs.--
``(A) Division.--The costs of evaluating any activities
assisted under paragraph (1) shall be divided between the
Bureau schools conducting such activities and the recipients
of grants or contracts under subsection (b) who conduct
demonstration projects under subsection (a).
``(B) Grants and contracts.--If no funds are provided under
subsection (b) for--
``(i) the evaluation of activities assisted under paragraph
(1);
``(ii) technical assistance and coordination with respect
to such activities; or
``(iii) the dissemination of the evaluations referred to in
clause (i),
the Secretary shall make such grants, or enter into such
contracts, as are necessary to provide for the evaluations,
technical assistance, and coordination of such activities,
and the dissemination of the evaluations.
``(e) Information Network.--The Secretary shall encourage
each recipient of a grant or contract under this section to
work cooperatively as part of a national network to ensure
that the information developed by the grant or contract
recipient is readily available to the entire educational
community.
``SEC. 9125. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE
PLANNING AND DEVELOPMENT.
``(a) In General.--The Secretary may make grants to Indian
tribes, and tribal organizations approved by Indian tribes,
to plan and develop a centralized tribal administrative
entity to--
``(1) coordinate all education programs operated by the
tribe or within the territorial jurisdiction of the tribe;
[[Page S3130]]
``(2) develop education codes for schools within the
territorial jurisdiction of the tribe;
``(3) provide support services and technical assistance to
schools serving children of the tribe; and
``(4) perform child-find screening services for the
preschool-aged children of the tribe to--
``(A) ensure placement in appropriate educational
facilities; and
``(B) coordinate the provision of any needed special
services for conditions such as disabilities and English
language skill deficiencies.
``(b) Period of Grant.--Each grant awarded under this
section may be awarded for a period of not more than 3 years.
Such grant may be renewed upon the termination of the initial
period of the grant if the grant recipient demonstrates to
the satisfaction of the Secretary that renewing the grant for
an additional 3-year period is necessary to carry out the
objectives of the grant described in subsection (c)(2)(A).
``(c) Application for Grant.--
``(1) In general.--Each Indian tribe and tribal
organization desiring a grant under this section shall submit
an application to the Secretary at such time, in such manner,
containing such information, and consistent with such
criteria, as the Secretary may prescribe in regulations.
``(2) Contents.--Each application described in paragraph
(1) shall contain--
``(A) a statement describing the activities to be
conducted, and the objectives to be achieved, under the
grant; and
``(B) a description of the method to be used for evaluating
the effectiveness of the activities for which assistance is
sought and for determining whether such objectives are
achieved.
``(3) Approval.--The Secretary may approve an application
submitted by a tribe or tribal organization pursuant to this
section only if the Secretary is satisfied that such
application, including any documentation submitted with the
application--
``(A) demonstrates that the applicant has consulted with
other education entities, if any, within the territorial
jurisdiction of the applicant who will be affected by the
activities to be conducted under the grant;
``(B) provides for consultation with such other education
entities in the operation and evaluation of the activities
conducted under the grant; and
``(C) demonstrates that there will be adequate resources
provided under this section or from other sources to complete
the activities for which assistance is sought, except that
the availability of such other resources shall not be a basis
for disapproval of such application.
``(d) Restriction.--A tribe may not receive funds under
this section if such tribe receives funds under section 1144
of the Education Amendments of 1978.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of Education
to carry out this section $3,000,000 for each of fiscal years
2001 through 2005.
``Subpart 3--Special Programs Relating to Adult Education for Indians
``SEC. 9131. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
ADULT INDIANS.
``(a) In General.--The Secretary shall make grants to State
and local educational agencies and to Indian tribes,
institutions, and organizations--
``(1) to support planning, pilot, and demonstration
projects that are designed to test and demonstrate the
effectiveness of programs for improving employment and
educational opportunities for adult Indians;
``(2) to assist in the establishment and operation of
programs that are designed to stimulate--
``(A) the provision of basic literacy opportunities for all
nonliterate Indian adults; and
``(B) the provision of opportunities to all Indian adults
to qualify for a secondary school diploma, or its recognized
equivalent, in the shortest period of time feasible;
``(3) to support a major research and development program
to develop more innovative and effective techniques for
achieving literacy and secondary school equivalency for
Indians;
``(4) to provide for basic surveys and evaluations to
define accurately the extent of the problems of illiteracy
and lack of secondary school completion among Indians; and
``(5) to encourage the dissemination of information and
materials relating to, and the evaluation of, the
effectiveness of education programs that may offer
educational opportunities to Indian adults.
``(b) Educational Services.--The Secretary may make grants
to Indian tribes, institutions, and organizations to develop
and establish educational services and programs specifically
designed to improve educational opportunities for Indian
adults.
``(c) Information and Evaluation.--The Secretary may make
grants to, and enter into contracts with, public agencies and
institutions and Indian tribes, institutions, and
organizations, for--
``(1) the dissemination of information concerning
educational programs, services, and resources available to
Indian adults, including evaluations of the programs,
services, and resources; and
``(2) the evaluation of federally assisted programs in
which Indian adults may participate to determine the
effectiveness of the programs in achieving the purposes of
the programs with respect to Indian adults.
``(d) Applications.--
``(1) In general.--Each entity desiring a grant or contract
under this section shall submit to the Secretary an
application at such time, in such manner, containing such
information, and consistent with such criteria, as the
Secretary may prescribe in regulations.
``(2) Contents.--Each application described in paragraph
(1) shall contain--
``(A) a statement describing the activities to be conducted
and the objectives to be achieved under the grant or
contract; and
``(B) a description of the method to be used for evaluating
the effectiveness of the activities for which assistance is
sought and determining whether the objectives of the grant or
contract are achieved.
``(3) Approval.--The Secretary shall not approve an
application described in paragraph (1) unless the Secretary
determines that such application, including any documentation
submitted with the application, indicates that--
``(A) there has been adequate participation, by the
individuals to be served and the appropriate tribal
communities, in the planning and development of the
activities to be assisted; and
``(B) the individuals and tribal communities referred to in
subparagraph (A) will participate in the operation and
evaluation of the activities to be assisted.
``(4) Priority.--In approving applications under paragraph
(1), the Secretary shall give priority to applications from
Indian educational agencies, organizations, and institutions.
``(e) Administrative Costs.--Not more than 5 percent of the
funds made available to an entity through a grant or contract
made or entered into under this subpart for a fiscal year may
be used to pay for administrative costs.
``Subpart 4--National Research Activities
``SEC. 9141. NATIONAL ACTIVITIES.
``(a) Authorized Activities.--The Secretary may use funds
made available under section 9162(b) for each fiscal year
to--
``(1) conduct research related to effective approaches for
the education of Indian children and adults;
``(2) evaluate federally assisted education programs from
which Indian children and adults may benefit;
``(3) collect and analyze data on the educational status
and needs of Indians; and
``(4) carry out other activities that are consistent with
the purpose of this part.
``(b) Eligibility.--The Secretary may carry out any of the
activities described in subsection (a) directly or through
grants to, or contracts or cooperative agreements with,
Indian tribes, Indian organizations, State educational
agencies, local educational agencies, institutions of higher
education, including Indian institutions of higher education,
and other public and private agencies and institutions.
``(c) Coordination.--Research activities supported under
this section--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to assure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities that
are jointly funded and carried out by the Office of Indian
Education and the Office of Educational Research and
Improvement.
``(d) Administrative Costs.--Not more than 5 percent of the
funds made available to an entity through a grant, contract,
or agreement made or entered into under this subpart for a
fiscal year may be used to pay for administrative costs.
``Subpart 5--Federal Administration
``SEC. 9151. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
``(a) Membership.--There is established a National Advisory
Council on Indian Education (referred to in this section as
the `Council'), which shall--
``(1) consist of 15 Indian members, who shall be appointed
by the President from lists of nominees furnished, from time
to time, by Indian tribes and Indian 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) prepare and submit to 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 to be
appropriate for the improvement of Federal education programs
that include Indian children or adults as participants, or
that may benefit Indian children or adults; and
``(B) recommendations concerning the funding of any program
described in subparagraph (A).
``SEC. 9152. PEER REVIEW.
``The Secretary may use a peer review process to review
applications submitted to the Secretary under subpart 2, 3,
or 4.
``SEC. 9153. PREFERENCE FOR INDIAN APPLICANTS.
``In making grants and entering into contracts or
cooperative agreements under subpart 2, 3, or 4, the
Secretary shall give a preference to Indian tribes,
organizations, and institutions of higher education under any
program with respect to which Indian tribes, organizations,
and institutions are eligible to apply for grants, contracts,
or cooperative agreements.
``SEC. 9154. MINIMUM GRANT CRITERIA.
``The Secretary may not approve an application for a grant,
contract, or cooperative agreement under subpart 2 or 3
unless the application is for a grant, contract, or
cooperative agreement that is--
[[Page S3131]]
``(1) of sufficient size, scope, and quality to achieve the
purpose or objectives of such grant, contract, or cooperative
agreement; and
``(2) based on relevant research findings.
``Subpart 6--Definitions; Authorizations of Appropriations
``SEC. 9161. DEFINITIONS.
``In this part:
``(1) Adult.--The term `adult' means an individual who--
``(A) has attained age 16; 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) an individual who is considered by the Secretary of
the Interior to be an Indian for any purpose;
``(D) an Eskimo, Aleut, or other Alaska Native (as defined
in section 9306); or
``(E) a member of an organized Indian group that received a
grant under the Indian Education Act of 1988 as in effect the
day preceding the date of enactment of the `Improving
America's Schools Act of 1994' (108 Stat. 3518).
``SEC. 9162. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Subpart 1.--There are authorized to be appropriated
to the Secretary of Education to carry out subpart 1
$62,000,000 for fiscal year 2001 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``(b) Subparts 2 Through 4.--There are authorized to be
appropriated to the Secretary of Education to carry out
subparts 2, 3, and 4 $4,000,000 for fiscal year 2001 and such
sums as may be necessary for each of the 4 succeeding fiscal
years.
``PART B--NATIVE HAWAIIAN EDUCATION
``SEC. 9201. SHORT TITLE.
``This part may be cited as the `Native Hawaiian Education
Act'.
``SEC. 9202. FINDINGS.
``Congress finds the following:
``(1) Native Hawaiians are a distinct and unique indigenous
people with a historical continuity to the original
inhabitants of the Hawaiian archipelago, whose society was
organized as a nation and internationally recognized as a
nation by the United States, Britain, France, and Japan, as
evidenced by treaties governing friendship, commerce, and
navigation.
``(2) At the time of the arrival of the first non-
indigenous people in Hawai'i in 1778, the Native Hawaiian
people lived in a highly organized, self-sufficient
subsistence social system based on a communal land tenure
system with a sophisticated language, culture, and religion.
``(3) A unified monarchal government of the Hawaiian
Islands was established in 1810 under Kamehameha I, the first
King of Hawai`i.
``(4) From 1826 until 1893, the United States recognized
the sovereignty and independence of the Kingdom of Hawai`i,
which was established in 1810 under Kamehameha I, extended
full and complete diplomatic recognition to the Kingdom of
Hawai`i, and entered into treaties and conventions with the
Kingdom of Hawai`i to govern friendship, commerce and
navigation in 1826, 1842, 1849, 1875, and 1887.
``(5) In 1893, the sovereign, independent, internationally
recognized, and indigenous government of Hawai`i, the Kingdom
of Hawai`i, was overthrown by a small group of non-Hawaiians,
including United States citizens, who were assisted in their
efforts by the United States Minister, a United States naval
representative, and armed naval forces of the United States.
Because of the participation of United States agents and
citizens in the overthrow of the Kingdom of Hawai`i, in 1993
the United States apologized to Native Hawaiians for the
overthrow and the deprivation of the rights of Native
Hawaiians to self-determination through Public Law 103-150
(107 Stat. 1510).
``(6) In 1898, the joint resolution entitled `Joint
Resolution to provide for annexing the Hawaiian Islands to
the United States', approved July 7, 1898 (30 Stat. 750),
ceded absolute title of all lands held by the Republic of
Hawai`i, including the government and crown lands of the
former Kingdom of Hawai`i, to the United States, but mandated
that revenue generated from the lands be used `solely for the
benefit of the inhabitants of the Hawaiian Islands for
educational and other public purposes'.
``(7) By 1919, the Native Hawaiian population had declined
from an estimated 1,000,000 in 1778 to an alarming 22,600,
and in recognition of this severe decline, Congress enacted
the Hawaiian Homes Commission Act, 1920 (42 Stat. 108), which
designated approximately 200,000 acres of ceded public lands
for homesteading by Native Hawaiians.
``(8) Through the enactment of the Hawaiian Homes
Commission Act, 1920, Congress affirmed the special
relationship between the United States and the Native
Hawaiians, which was described by then Secretary of the
Interior Franklin K. Lane, who said: `One thing that
impressed me . . . was the fact that the natives of the
island who are our wards, I should say, and for whom in a
sense we are trustees, are falling off rapidly in numbers and
many of them are in poverty.'.
``(9) In 1938, Congress again acknowledged the unique
status of the Hawaiian people by including in the Act of June
20, 1938 (52 Stat. 781, chapter 530; 16 U.S.C. 391b, 391b-1,
392b, 392c, 396, 396a), a provision to lease lands within the
National Parks extension to Native Hawaiians and to permit
fishing in the area `only by native Hawaiian residents of
said area or of adjacent villages and by visitors under their
guidance.'.
``(10) Under the Act entitled `An Act to provide for the
admission of the State of Hawai`i into the Union', approved
March 18, 1959 (73 Stat. 4), the United States transferred
responsibility for the administration of the Hawaiian Home
Lands to the State of Hawai`i but reaffirmed the trust
relationship between the United States and the Hawaiian
people by retaining the exclusive power to enforce the trust,
including the power to approve land exchanges and amendments
to such Act affecting the rights of beneficiaries under such
Act.
``(11) In 1959, under the Act entitled `An Act to provide
for the admission of the State of Hawai`i into the Union',
the United States also ceded to the State of Hawai`i title to
the public lands formerly held by the United States, but
mandated that such lands be held by the State `in public
trust' and reaffirmed the special relationship that existed
between the United States and the Hawaiian people by
retaining the legal responsibility to enforce the public
trust responsibility of the State of Hawai`i for the
betterment of the conditions of Native Hawaiians, as defined
in section 201(a) of the Hawaiian Homes Commission Act, 1920.
``(12) The United States has recognized and reaffirmed
that--
``(A) Native Hawaiians have a cultural, historic, and land-
based link to the indigenous people who exercised sovereignty
over the Hawaiian Islands, and that group has never
relinquished its claims to sovereignty or its sovereign
lands;
``(B) Congress does not extend services to Native Hawaiians
because of their race, but because of their unique status as
the indigenous people of a once sovereign nation as to whom
the United States has established a trust relationship;
``(C) Congress has also delegated broad authority to
administer a portion of the Federal trust responsibility to
the State of Hawai`i;
``(D) the political status of Native Hawaiians is
comparable to that of American Indians and Alaska Natives;
and
``(E) the aboriginal, indigenous people of the United
States have--
``(i) a continuing right to autonomy in their internal
affairs; and
``(ii) an ongoing right of self-determination and self-
governance that has never been extinguished.
``(13) The political relationship between the United States
and the Native Hawaiian people has been recognized and
reaffirmed by the United States, as evidenced by the
inclusion of Native Hawaiians in--
``(A) the Native American Programs Act of 1974 (42 U.S.C.
2991 et seq.);
``(B) the American Indian Religious Freedom Act (42 U.S.C.
1996);
``(C) the National Museum of the American Indian Act (20
U.S.C. 80q et seq.);
``(D) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.);
``(E) the National Historic Preservation Act (16 U.S.C. 470
et seq.);
``(F) the Native American Languages Act (25 U.S.C. 2901 et
seq.);
``(G) the American Indian, Alaska Native, and Native
Hawaiian Culture and Art Development Act (20 U.S.C. 4401 et
seq.);
``(H) the Job Training Partnership Act (29 U.S.C. 1501 et
seq.) and the Workforce Investment Act of 1998 (29 U.S.C.
2801 et seq.); and
``(I) the Older Americans Act of 1965 (42 U.S.C. 3001 et
seq.).
``(14) In 1981, Congress instructed the Office of Education
to submit to Congress a comprehensive report on Native
Hawaiian education. The report, entitled the `Native Hawaiian
Educational Assessment Project', was released in 1983 and
documented that Native Hawaiians scored below parity with
regard to national norms on standardized achievement tests,
were disproportionately represented in many negative social
and physical statistics indicative of special educational
needs, and had educational needs that were related to their
unique cultural situation, such as different learning styles
and low self-image.
``(15) In recognition of the educational needs of Native
Hawaiians, in 1988, Congress enacted title IV of the Augustus
F. Hawkins-Robert T. Stafford Elementary and Secondary School
Improvement Amendments of 1988 (102 Stat. 130) to authorize
and develop supplemental educational programs to address the
unique conditions of Native Hawaiians.
``(16) In 1993, the Kamehameha Schools Bishop Estate
released a 10-year update of findings of the Native Hawaiian
Educational Assessment Project, which found that despite the
successes of the programs established under title IV of the
Augustus F. Hawkins-Robert T. Stafford Elementary and
Secondary School Improvement Amendments of 1988, many of the
same educational needs still existed for Native Hawaiians.
Subsequent reports by the Kamehameha Schools Bishop Estate
and other organizations have generally confirmed those
findings. For example--
``(A) educational risk factors continue to start even
before birth for many Native Hawaiian children, including--
``(i) late or no prenatal care;
``(ii) high rates of births by Native Hawaiian women who
are unmarried; and
[[Page S3132]]
``(iii) high rates of births to teenage parents;
``(B) Native Hawaiian students continue to begin their
school experience lagging behind other students in terms of
readiness factors such as vocabulary test scores;
``(C) Native Hawaiian students continue to score below
national norms on standardized education achievement tests at
all grade levels;
``(D) both public and private schools continue to show a
pattern of lower percentages of Native Hawaiian students in
the uppermost achievement levels and in gifted and talented
programs;
``(E) Native Hawaiian students continue to be
overrepresented among students qualifying for special
education programs provided to students with learning
disabilities, mild mental retardation, emotional impairment,
and other such disabilities;
``(F) Native Hawaiians continue to be underrepresented in
institutions of higher education and among adults who have
completed 4 or more years of college;
``(G) Native Hawaiians continue to be disproportionately
represented in many negative social and physical statistics
indicative of special educational needs, as demonstrated by
the fact that--
``(i) Native Hawaiian students are more likely to be
retained in grade level and to be excessively absent in
secondary school;
``(ii) Native Hawaiian students have the highest rates of
drug and alcohol use in the State of Hawai`i; and
``(iii) Native Hawaiian children continue to be
disproportionately victimized by child abuse and neglect; and
``(H) Native Hawaiians now comprise over 23 percent of the
students served by the State of Hawai`i Department of
Education, and there are and will continue to be
geographically rural, isolated areas with a high Native
Hawaiian population density.
``(17) In the 1998 National Assessment of Educational
Progress, Hawaiian fourth-graders ranked 39th among groups of
students from 39 States in reading. Given that Hawaiian
students rank among the lowest groups of students nationally
in reading, and that Native Hawaiian students rank the lowest
among Hawaiian students in reading, it is imperative that
greater focus be placed on beginning reading and early
education and literacy in Hawai`i.
``(18) The findings described in paragraphs (16) and (17)
are inconsistent with the high rates of literacy and
integration of traditional culture and Western education
historically achieved by Native Hawaiians through a Hawaiian
language-based public school system established in 1840 by
Kamehameha III.
``(19) Following the overthrow of the Kingdom of Hawai`i in
1893, Hawaiian medium schools were banned. After annexation,
throughout the territorial and statehood period of Hawai`i,
and until 1986, use of the Hawaiian language as an
instructional medium in education in public schools was
declared unlawful. The declaration caused incalculable harm
to a culture that placed a very high value on the power of
language, as exemplified in the traditional saying: `I ka
`olelo no ke ola; I ka `olelo no ka make. In the language
rests life; In the language rests death.'.
``(20) Despite the consequences of over 100 years of
nonindigenous influence, the Native Hawaiian people are
determined to preserve, develop, and transmit to future
generations their ancestral territory and their cultural
identity in accordance with their own spiritual and
traditional beliefs, customs, practices, language, and social
institutions.
``(21) The State of Hawai`i, in the constitution and
statutes of the State of Hawai`i--
``(A) reaffirms and protects the unique right of the Native
Hawaiian people to practice and perpetuate their culture and
religious customs, beliefs, practices, and language;
``(B) recognizes the traditional language of the Native
Hawaiian people as an official language of the State of
Hawai`i, which may be used as the language of instruction for
all subjects and grades in the public school system; and
``(C) promotes the study of the Hawaiian culture, language,
and history by providing a Hawaiian education program and
using community expertise as a suitable and essential means
to further the program.
``SEC. 9203. PURPOSES.
``The purposes of this part are to--
``(1) authorize and develop innovative educational programs
to assist Native Hawaiians in reaching the National Education
Goals;
``(2) provide direction and guidance to appropriate
Federal, State, and local agencies to focus resources,
including resources made available under this part, on Native
Hawaiian education, and to provide periodic assessment and
data collection;
``(3) supplement and expand programs and authorities in the
area of education to further the purposes of this title; and
``(4) encourage the maximum participation of Native
Hawaiians in planning and management of Native Hawaiian
education programs.
``SEC. 9204. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND
COUNCILS.
``(a) Establishment of Native Hawaiian Education Council.--
In order to better effectuate the purposes of this part
through the coordination of educational and related services
and programs available to Native Hawaiians, including those
programs receiving funding under this part, the Secretary is
authorized to establish a Native Hawaiian Education Council
(referred to in this part as the `Education Council').
``(b) Composition of Education Council.--The Education
Council shall consist of not more than 21 members, unless
otherwise determined by a majority of the council.
``(c) Conditions and Terms.--
``(1) Conditions.--At least 10 members of the Education
Council shall be Native Hawaiian education service providers
and 10 members of the Education Council shall be Native
Hawaiians or Native Hawaiian education consumers. In
addition, a representative of the State of Hawai`i Office of
Hawaiian Affairs shall serve as a member of the Education
Council.
``(2) Appointments.--The members of the Education Council
shall be appointed by the Secretary based on recommendations
received from the Native Hawaiian community.
``(3) Terms.--Members of the Education Council shall serve
for staggered terms of 3 years, except as provided in
paragraph (4).
``(4) Council determinations.--Additional conditions and
terms relating to membership on the Education Council,
including term lengths and term renewals, shall be determined
by a majority of the Education Council.
``(d) Native Hawaiian Education Council Grant.--The
Secretary shall make a direct grant to the Education Council
in order to enable the Education Council to--
``(1) coordinate the educational and related services and
programs available to Native Hawaiians, including the
programs assisted under this part;
``(2) assess the extent to which such services and programs
meet the needs of Native Hawaiians, and collect data on the
status of Native Hawaiian education;
``(3) provide direction and guidance, through the issuance
of reports and recommendations, to appropriate Federal,
State, and local agencies in order to focus and improve the
use of resources, including resources made available under
this part, relating to Native Hawaiian education, and serve,
where appropriate, in an advisory capacity; and
``(4) make direct grants, if such grants enable the
Education Council to carry out the duties of the Education
Council, as described in paragraphs (1) through (3).
``(e) Additional Duties of the Education Council.--
``(1) In general.--The Education Council shall provide
copies of any reports and recommendations issued by the
Education Council, including any information that the
Education Council provides to the Secretary pursuant to
subsection (i), to the Secretary, the Committee on Education
and the Workforce of the House of Representatives, and the
Committee on Indian Affairs of the Senate.
``(2) Annual report.--The Education Council shall prepare
and submit to the Secretary an annual report on the Education
Council's activities.
``(3) Island council support and assistance.--The Education
Council shall provide such administrative support and
financial assistance to the island councils established
pursuant to subsection (f) as the Secretary determines to be
appropriate, in a manner that supports the distinct needs of
each island council.
``(f) Establishment of Island Councils.--
``(1) In general.--In order to better effectuate the
purposes of this part and to ensure the adequate
representation of island and community interests within the
Education Council, the Secretary is authorized to facilitate
the establishment of Native Hawaiian education island
councils (referred to individually in this part as an `island
council') for the following islands:
``(A) Hawai`i.
``(B) Maui.
``(C) Moloka`i.
``(D) Lana`i.
``(E) O`ahu.
``(F) Kaua`i.
``(G) Ni`ihau.
``(2) Composition of island councils.--Each island council
shall consist of parents, students, and other community
members who have an interest in the education of Native
Hawaiians, and shall be representative of individuals
concerned with the educational needs of all age groups, from
children in preschool through adults. At least \3/4\ of the
members of each island council shall be Native Hawaiians.
``(g) Administrative Provisions Relating to Education
Council and Island Councils.--The Education Council and each
island council shall meet at the call of the chairperson of
the appropriate council, or upon the request of the majority
of the members of the appropriate council, but in any event
not less often than 4 times during each calendar year. The
provisions of the Federal Advisory Committee Act shall not
apply to the Education Council and each island council.
``(h) Compensation.--Members of the Education Council and
each island council shall not receive any compensation for
service on the Education Council and each island council,
respectively.
``(i) Report.--Not later than 4 years after the date of
enactment of the Educational Opportunities Act, the Secretary
shall prepare and submit to the Committee on Education and
the Workforce of the House of Representatives and the
Committee on Indian Affairs of the Senate a report that
summarizes the annual reports of the Education Council,
describes the allocation and use of funds under this part,
and contains recommendations for changes in Federal, State,
and local policy to advance the purposes of this part.
``(j) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$300,000 for fiscal year 2001 and such sums as may be
necessary for each of the 4 succeeding fiscal years. Funds
appropriated under this subsection shall remain available
until expended.
``SEC. 9205. PROGRAM AUTHORIZED.
``(a) General Authority.--
``(1) Grants and contracts.--The Secretary is authorized to
make direct grants to, or enter into contracts with--
``(A) Native Hawaiian educational organizations;
[[Page S3133]]
``(B) Native Hawaiian community-based organizations;
``(C) public and private nonprofit organizations, agencies,
and institutions with experience in developing or operating
Native Hawaiian programs or programs of instruction in the
Native Hawaiian language; and
``(D) consortia of the organizations, agencies, and
institutions described in subparagraphs (A) through (C),
to carry out programs that meet the purposes of this part.
``(2) Priorities.--In awarding grants or contracts to carry
out activities described in paragraph (3), the Secretary
shall give priority to entities proposing projects that are
designed to address--
``(A) beginning reading and literacy among students in
kindergarten through third grade;
``(B) the needs of at-risk children and youth;
``(C) needs in fields or disciplines in which Native
Hawaiians are underemployed; and
``(D) the use of the Hawaiian language in instruction.
``(3) Authorized activities.--Activities provided through
programs carried out under this part may include--
``(A) the development and maintenance of a statewide Native
Hawaiian early education and care system to provide a
continuum of services for Native Hawaiian children from the
prenatal period of the children through age 5;
``(B) the operation of family-based education centers that
provide such services as--
``(i) programs for Native Hawaiian parents and their
infants from the prenatal period of the infants through age
3;
``(ii) preschool programs for Native Hawaiians; and
``(iii) research on, and development and assessment of,
family-based, early childhood, and preschool programs for
Native Hawaiians;
``(C) activities that enhance beginning reading and
literacy in either the Hawaiian or the English language among
Native Hawaiian students in kindergarten through third grade
and assistance in addressing the distinct features of
combined English and Hawaiian literacy for Hawaiian speakers
in fifth and sixth grade;
``(D) activities to meet the special needs of Native
Hawaiian students with disabilities, including--
``(i) the identification of such students and their needs;
``(ii) the provision of support services to the families of
those students; and
``(iii) other activities consistent with the requirements
of the Individuals with Disabilities Education Act;
``(E) activities that address the special needs of Native
Hawaiian students who are gifted and talented, including--
``(i) educational, psychological, and developmental
activities designed to assist in the educational progress of
those students; and
``(ii) activities that involve the parents of those
students in a manner designed to assist in the students'
educational progress;
``(F) the development of academic and vocational curricula
to address the needs of Native Hawaiian children and adults,
including curriculum materials in the Hawaiian language and
mathematics and science curricula that incorporate Native
Hawaiian tradition and culture;
``(G) professional development activities for educators,
including--
``(i) the development of programs to prepare prospective
teachers to address the unique needs of Native Hawaiian
students within the context of Native Hawaiian culture,
language, and traditions;
``(ii) in-service programs to improve the ability of
teachers who teach in schools with concentrations of Native
Hawaiian students to meet those students' unique needs; and
``(iii) the recruitment and preparation of Native
Hawaiians, and other individuals who live in communities with
a high concentration of Native Hawaiians, to become teachers;
``(H) the operation of community-based learning centers
that address the needs of Native Hawaiian families and
communities through the coordination of public and private
programs and services, including--
``(i) preschool programs;
``(ii) after-school programs; and
``(iii) vocational and adult education programs;
``(I) activities to enable Native Hawaiians to enter and
complete programs of postsecondary education, including--
``(i) provision of full or partial scholarships for
undergraduate or graduate study that are awarded to students
based on their academic promise and financial need, with a
priority, at the graduate level, given to students entering
professions in which Native Hawaiians are underrepresented;
``(ii) family literacy services;
``(iii) counseling and support services for students
receiving scholarship assistance;
``(iv) counseling and guidance for Native Hawaiian
secondary students who have the potential to receive
scholarships; and
``(v) faculty development activities designed to promote
the matriculation of Native Hawaiian students;
``(J) research and data collection activities to determine
the educational status and needs of Native Hawaiian children
and adults;
``(K) other research and evaluation activities related to
programs carried out under this part; and
``(L) other activities, consistent with the purposes of
this part, to meet the educational needs of Native Hawaiian
children and adults.
``(4) Special rule and conditions.--
``(A) Institutions outside hawaii.--The Secretary shall not
establish a policy under this section that prevents a Native
Hawaiian student enrolled at a 2- or 4-year degree granting
institution of higher education outside of the State of
Hawai`i from receiving a fellowship pursuant to paragraph
(3)(I).
``(B) Fellowship conditions.--The Secretary shall establish
conditions for receipt of a fellowship awarded under
paragraph (3)(I). The conditions shall require that an
individual seeking such a fellowship enter into a contract to
provide professional services, either during the fellowship
period or upon completion of a program of postsecondary
education, to the Native Hawaiian community.
``(b) Administrative Costs.--Not more than 5 percent of
funds provided to a grant recipient under this section for
any fiscal year may be used for administrative purposes.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$23,000,000 for fiscal year 2001 and such sums as may be
necessary for each of the 4 succeeding fiscal years. Funds
appropriated under this subsection shall remain available
until expended.
``SEC. 9206. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--No grant may be made under
this part, and no contract may be entered into under this
part, unless the entity seeking the grant or contract submits
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may
determine to be necessary to carry out the provisions of this
part.
``(b) Special Rule.--Each applicant for a grant or contract
under this part shall submit the application for comment to
the local educational agency serving students who will
participate in the program to be carried out under the grant
or contract, and include those comments, if any, with the
application to the Secretary.
``SEC. 9207. DEFINITIONS.
``In this part:
``(1) Native hawaiian.--The term `Native Hawaiian' means
any individual who is--
``(A) a citizen of the United States; and
``(B) a descendant of the aboriginal people who, prior to
1778, occupied and exercised sovereignty in the area that now
comprises the State of Hawai`i, as evidenced by--
``(i) genealogical records;
``(ii) Kupuna (elders) or Kama`aina (long-term community
residents) verification; or
``(iii) certified birth records.
``(2) Native hawaiian community-based organization.--The
term `Native Hawaiian community-based organization' means any
organization that is composed primarily of Native Hawaiians
from a specific community and that assists in the social,
cultural, and educational development of Native Hawaiians in
that community.
``(3) Native hawaiian educational organization.--The term
`Native Hawaiian educational organization' means a private
nonprofit organization that--
``(A) serves the interests of Native Hawaiians;
``(B) has Native Hawaiians in substantive and policymaking
positions within the organization;
``(C) incorporates Native Hawaiian perspective, values,
language, culture, and traditions into the core function of
the organization;
``(D) has demonstrated expertise in the education of Native
Hawaiian youth; and
``(E) has demonstrated expertise in research and program
development.
``(4) Native hawaiian language.--The term `Native Hawaiian
language' means the single Native American language
indigenous to the original inhabitants of the State of
Hawai`i.
``(5) Native hawaiian organization.--The term `Native
Hawaiian organization' means a private nonprofit organization
that--
``(A) serves the interests of Native Hawaiians;
``(B) has Native Hawaiians in substantive and policymaking
positions within the organizations; and
``(C) is recognized by the Governor of Hawai`i for the
purpose of planning, conducting, or administering programs
(or portions of programs) for the benefit of Native
Hawaiians.
``(6) Office of hawaiian affairs.--The term `Office of
Hawaiian Affairs' means the office of Hawaiian Affairs
established by the Constitution of the State of Hawai`i.
``PART C--ALASKA NATIVE EDUCATION
``SEC. 9301. SHORT TITLE.
``This part may be cited as the `Alaska Native Educational
Equity, Support, and Assistance Act'.
``SEC. 9302. FINDINGS.
``Congress finds the following:
``(1) The attainment of educational success is critical to
the betterment of the conditions, long-term well-being, and
preservation of the culture of Alaska Natives.
``(2) It is the policy of the Federal Government to
encourage the maximum participation by Alaska Natives in the
planning and the management of Alaska Native education
programs.
``(3) Alaska Native children enter and exit school with
serious educational handicaps.
``(4) The educational achievement of Alaska Native children
is far below national norms. Native performance on
standardized tests is low, Native student dropout rates are
high, and Natives are significantly underrepresented among
holders of baccalaureate degrees in the State of Alaska. As a
result, Native students are being denied their opportunity to
become full participants in society by grade school and high
school educations that are condemning an entire generation to
an underclass status and a life of limited choices.
``(5) The programs authorized in this title, combined with
expanded Head Start, infant learning and early childhood
education programs, and parent education programs are
essential if educational handicaps are to be overcome.
``(6) The sheer magnitude of the geographic barriers to be
overcome in delivering educational
[[Page S3134]]
services in rural Alaska and Alaska villages should be
addressed through the development and implementation of
innovative, model programs in a variety of areas.
``(7) Congress finds that Native children should be
afforded the opportunity to begin their formal education on a
par with their non-Native peers. The Federal Government
should lend support to efforts developed by and undertaken
within the Alaska Native community to improve educational
opportunity for all students.
``SEC. 9303. PURPOSES.
``The purposes of this part are to--
``(1) recognize the unique educational needs of Alaska
Natives;
``(2) authorize the development of supplemental educational
programs to benefit Alaska Natives;
``(3) supplement programs and authorities in the area of
education to further the objectives of this part; and
``(4) provide direction and guidance to appropriate
Federal, State, and local agencies to focus resources,
including resources made available under this part, on
meeting the educational needs of Alaska Natives.
``SEC. 9304. PROGRAM AUTHORIZED.
``(a) General Authority.--
``(1) Grants and contracts.--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 purposes of this part.
``(2) Permissible activities.--Activities provided through
programs carried out 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) recruitment and preparation of teachers who are
Alaska Native, 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 in Alaska;
``(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 secondary 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 programs;
``(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 carried out 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 carried out under
paragraph (2)(D) may include--
``(A) programs for parents and their infants, from the
prenatal period of the infant through age 3;
``(B) preschool programs; and
``(C) training, education, and support for parents in such
areas as reading readiness, observation, story telling, and
critical thinking.
``(b) Administrative Costs.--Not more than 5 percent of
funds provided to a grant recipient under this section for
any fiscal year may be used for administrative purposes.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$17,000,000 for fiscal year 2001 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``SEC. 9305. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--No grant may be made under
this part, and no contract may be entered into under this
part, unless the entity seeking the grant or contract submits
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may
determine to be necessary to carry out the provisions of this
part.
``(b) Applications.--A State educational agency or local
educational agency may apply for a grant or contract under
this part only as part of a consortium involving an Alaska
Native organization. The consortium may include other
eligible applicants.
``(c) Consultation Required.--Each applicant for a grant or
contract under this part shall provide for ongoing advice
from and consultation with representatives of the Alaska
Native community.
``(d) Local Educational Agency Coordination.--Each
applicant for a grant or contract under this part shall
inform each local educational agency serving students who
will participate in the program to be carried out under the
grant or contract about the application.
``SEC. 9306. DEFINITIONS.
``In this part:
``(1) Alaska native.--The term `Alaska Native' has the
meaning given the term `Native' in section 3(b) of the Alaska
Native Claims Settlement Act.
``(2) Alaska native organization.--The term `Alaska Native
organization' means a federally recognized tribe, consortium
of tribes, regional nonprofit Native association, or another
organization that--
``(A) has or commits to acquire expertise in the education
of Alaska Natives; and
``(B) has Alaska Natives in substantive and policymaking
positions within the organization.''.
SEC. 902. CONFORMING AMENDMENTS.
(a) Higher Education Act of 1965.--Section 317(b) of the
Higher Education Act of 1965 (20 U.S.C. 1059d(b)) is
amended--
(1) in paragraph (1), by striking ``section 9308'' and
inserting ``section 9306''; and
(2) in paragraph (3), by striking ``section 9212'' and
inserting ``section 9207''.
(b) Public Law 88-210.--Section 116 of Public Law 88-210
(as added by section 1 of Public Law 105-332 (112 Stat.
3076)) is amended by striking ``section 9212 of the Native
Hawaiian Education Act (20 U.S.C. 7912)'' and inserting
``section 9207 of the Native Hawaiian Education Act''.
(c) Carl D. Perkins Vocational and Technical Education Act
of 1998.--Section 116(a)(5) of the Carl D. Perkins Vocational
and Technical Education Act of 1998 (20 U.S.C. 2326(a)(5)) is
amended by striking ``section 9212'' and all that follows and
inserting ``section 9207 of the Native Hawaiian Education
Act''.
(d) Museum and Library Services Act.--Section 261 of the
Museum and Library Services Act (20 U.S.C. 9161) is amended
by striking ``section 9212 of the Native Hawaiian Education
Act (20 U.S.C. 7912)'' and inserting ``section 9207 of the
Native Hawaiian Education Act''.
(e) Act of April 16, 1934.--Section 5 of the Act of April
16, 1934 (commonly known as the ``Johnson-O'Malley Act'') (88
Stat. 2213; 25 U.S.C. 456) is amended by striking ``section
9104(c)(4)'' and inserting ``section 9114(c)(4)''.
(f) Native American Languages Act.--Section 103 of the
Native American Languages Act (25 U.S.C. 2902) is amended--
(1) in paragraph (2), by striking ``section 9161(4) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7881(4))'' and inserting ``section 9161(3) of the Elementary
and Secondary Education Act of 1965''; and
(2) in paragraph (3), by striking ``section 9212(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7912(1))'' and inserting ``section 9207 of the Elementary and
Secondary Education Act of 1965''.
(g) Workforce Investment Act of 1998.--Section 166(b)(3) of
the Workforce Investment Act of 1998 (29 U.S.C. 2911(b)(3))
is amended by striking ``paragraphs (1) and (3),
respectively, of section 9212 of the Native Hawaiian
Education Act (20 U.S.C. 7912)'' and inserting ``section 9207
of the Native Hawaiian Education Act''.
(h) Assets for Independence Act.--Section 404(11) of the
Assets for Independence Act (42 U.S.C. 604 note) is amended
by striking ``section 9212 of the Native Hawaiian Education
Act (20 U.S.C. 7912)'' and inserting ``section 9207 of the
Native Hawaiian Education Act''.
TITLE X--GENERAL PROVISIONS
SEC. 10001. UNIFORM PROVISIONS.
The Act (20 U.S.C. 6301 et seq.) is amended--
(1) by amending the heading for title X (20 U.S.C. 8001 et
seq.) to read as follows:
``TITLE X--GENERAL PROVISIONS'';
(2) by repealing part A of title X (20 U.S.C. 8001 et
seq.);
(3) by transferring part E of title XIV (20 U.S.C. 8891 et
seq.) to title X, inserting such part E after the heading for
title X (as so amended), and redesignating such part E (as so
transferred) as part A of title X;
(4) by redesignating sections 14501 through 14514 (as so
transferred) (20 U.S.C. 8891, 8904) as sections 10101 through
10114;
(5) in section 10103(b)(1) (as so redesignated) (20 U.S.C.
8893(b)(1)), by striking subparagraphs (A) through (E) and
inserting the following:
``(A) part C of title I;
``(B) title II;
``(C) part A of title IV;
``(D) part A of title V; and
``(E) title VII.'';
(6) in section 10104 (as so redesignated) (20 U.S.C.
8894)--
(A) in the matter preceding paragraph (1), by striking
``14503'' and inserting ``10103''; and
(B) in paragraph (2), by striking ``14503, 14505, and
14506'' and inserting ``10103, 10105, and 10106'';
(7) in section 10105(a) (as so redesignated) (20 U.S.C.
8895(a)), by striking ``14503'' and inserting ``10103'';
(8) in section 10106 (as so redesignated) (20 U.S.C.
8896)--
(A) in subsection (a)(1), by striking ``14504'' and
inserting ``10104''; and
(B) in subsection (b), by striking ``14503'' and inserting
``10103''; and
(9) by inserting after section 10114 (as so redesignated)
the following:
``SEC. 10115. CONSTRUCTION.
``Nothing in this Act shall be construed to prohibit
recruiters for the Armed Forces of the United States from
receiving the same access to secondary school students, and
to directory information concerning such students, as is
provided to postsecondary educational institutions
[[Page S3135]]
or to prospective employers of such students, because all
students should have access to high quality continuing
education or service opportunities.
``SEC. 10116. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS
OPERATED SCHOOLS.
``For purposes of any competitive program under this Act--
``(1) a consortium of schools operated by the Bureau of
Indian Affairs;
``(2) a school operated under a contract or grant with the
Bureau of Indian Affairs in consortium with another contract
or grant school, or with a tribal or community organization;
or
``(3) a Bureau of Indian Affairs school in consortium with
an institution of higher education, with a contract or grant
school, or with a tribal or community organization,
shall be given the same consideration as a local educational
agency.''.
SEC. 10002. EVALUATIONS.
Part B of title X (20 U.S.C. 8031 et seq.) is amended to
read as follows:
``PART B--EVALUATIONS
``SEC. 10201. EVALUATIONS.
``(a) Evaluations.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary is authorized to reserve not more than 0.50 percent
of the amount appropriated to carry out each program
authorized under this Act--
``(A) to carry out comprehensive evaluations of categorical
programs and demonstration projects, and studies of program
effectiveness, under this Act, and the administrative impact
of such programs on schools and local educational agencies in
accordance with subsection (b);
``(B) to evaluate the aggregate short- and long-term
effects and cost efficiencies across Federal programs under
this Act; and
``(C) to strengthen the usefulness of grant recipient
evaluations for continuous program progress through improving
the quality, timeliness, efficiency, and utilization of
program information on program performance.
``(2) Special rule.--
``(A) Applicability.--Paragraph (1) shall not apply to any
program under title I.
``(B) Special Rule.--If funds are made available under any
program assisted under this Act (other than a program under
title I) for evaluation activities, then the Secretary shall
reserve no additional funds pursuant to the authority in
paragraph (1) to evaluate such program, but shall coordinate
the evaluation of such program with the national evaluation
described in subsection (b).
``(b) National Evaluations.--
``(1) In general.--The Secretary shall use the funds made
available under subsection (a)--
``(A) to carry out independent studies of categorical and
demonstration programs under this Act and the administrative
impact of such programs on schools and local educational
agencies, that are coordinated with research supported
through the Office of Educational Research and Improvement,
using rigorous methodological designs and techniques,
including longitudinal designs, control groups, and random
assignment, as appropriate, to determine--
``(i) the success of such programs in meeting the
measurable goals and objectives, through appropriate
targeting, quality services, and efficient administration,
and in contributing to achieving America's Education Goals,
with a priority on assessing program impact on student
performance;
``(ii) the short- and long-term effects of program
participation on program participants, as appropriate;
``(iii) the cost and efficiency of such programs;
``(iv) to the extent feasible, the cost of serving all
students eligible to be served under such programs;
``(v) specific intervention strategies and implementation
of such strategies that, based on theory, research and
evaluation, offer the promise of improved achievement of
program objectives;
``(vi) promising means of identifying and disseminating
effective management and educational practices;
``(vii) the effect of such programs on school and local
educational agencies' administrative responsibilities and
structure, including the use of local and State resources,
with particular attention to schools and agencies serving a
high concentration of disadvantaged students;
``(viii) the effect of Federal categorical programs at the
elementary and secondary levels on the proliferation of State
categorical education aid programs and regulations, including
an evaluation of the State regulations that are developed in
response to Federal education laws; and
``(ix) the effect of such programs on school reform
efforts;
``(B) to carry out a study of the waivers granted under
section 6601, which study shall include--
``(i) data on the total number of waiver requests that were
granted and the total number of such requests that were
denied, disaggregated by the statutory or regulatory
requirement for which the waivers were requested; and
``(ii) an analysis of the effect of waivers on categorical
program requirements and other flexibility provisions in this
Act on improvement in educational achievement of
participating students and on school and local educational
agency administrative responsibilities, structure, and
resources based on an appropriate sample of State educational
agencies, local educational agencies, schools, and tribes
receiving waivers;
``(C) to carry out a study of the waivers under section
1114 to support schoolwide programs which shall include--
``(i) the extent to which schoolwide programs are meeting
the intent and purposes of any program for which provisions
were waived; and
``(ii) the extent to which the needs of all students are
being served by such programs particularly students who would
be eligible for assistance under any provisions waived; and
``(D) to provide for a study, conducted by the National
Academy of Sciences, regarding the relationship between time
and learning, which shall include--
``(i) an analysis of the impact of increasing education
time on student achievement;
``(ii) an analysis of how schools, teachers, and students
use time and the quality of instructional activities;
``(iii) an analysis of how time outside of school may be
used to enhance student learning; and
``(iv) cost estimates for increasing time in school.
``(2) Independent panel.--The Secretary shall appoint an
independent panel to review the plan for the evaluation
described in paragraph (1), to advise the Secretary on such
evaluation's progress, and to comment, if the panel so
wishes, on the final report described in paragraph (3).
``(3) Report.--The Secretary shall submit a final report on
the evaluation described in this subsection by January 1,
2004, to the Committee on Education and the Workforce of the
House of Representatives and to the Committee on Health,
Education, Labor, and Pensions of the Senate.
``(c) Recipient Evaluation and Quality Assurance
Improvement.--The Secretary is authorized to provide
guidance, technical assistance, and model programs to
recipients of assistance under this Act to strengthen
information for quality assurance and performance information
feedback at State and local levels. Such guidance and
assistance shall promote the development, measurement and
reporting of valid, reliable, timely and consistent
performance indicators within a program in order to promote
continuous program improvement. Nothing in this subsection
shall be construed to establish a national data system.''.
SEC. 10003. AMERICA'S EDUCATION GOALS.
Part C of title X (20 U.S.C. 8061 et seq.) is amended to
read as follows:
``PART C--AMERICA'S EDUCATION GOALS
``SEC. 10301. AMERICA'S EDUCATION GOALS.
``America's Education Goals are as follows:
``(1) School readiness.--
``(A) Goal.--All children in America will start school
ready to learn.
``(B) Objectives.--The objectives for this goal are that--
``(i) all children will have access to high-quality and
developmentally appropriate preschool programs that help
prepare children for school;
``(ii) every parent in the United States will be a child's
first teacher and devote time each day to helping such
parent's preschool child learn, and parents will have access
to the training and support parents need; and
``(iii) children will receive the nutrition, physical
activity experiences, and health care needed to arrive at
school with healthy minds and bodies, and to maintain the
mental alertness necessary to be prepared to learn, and the
number of low-birthweight babies will be significantly
reduced through enhanced prenatal health systems.
``(2) School completion.--
``(A) Goal.--The high school graduation rate will increase
to at least 90 percent.
``(B) Objectives.--The objectives for this goal are that--
``(i) the Nation must dramatically reduce its school
dropout rate, and 75 percent of the students who do drop out
will successfully complete a high school degree or its
equivalent; and
``(ii) the gap in high school graduation rates between
American students from minority backgrounds and their non-
minority counterparts will be eliminated.
``(3) Student achievement and citizenship.--
``(A) Goal.--All students will leave grades 4, 8, and 12
having demonstrated competency over challenging subject
matter including English, mathematics, science, foreign
languages, civics and government, economics, arts, history,
and geography, and every school in America will ensure that
all students learn to use their minds well, so they may be
prepared for responsible citizenship, further learning, and
productive employment in our Nation's modern economy.
``(B) Objectives.--The objectives for this goal are that--
``(i) the academic performance of all students at the
elementary and secondary level will increase significantly in
every quartile, and the distribution of minority students in
each quartile will more closely reflect the student
population as a whole;
``(ii) the percentage of all students who demonstrate the
ability to reason, solve problems, apply knowledge, and write
and communicate effectively will increase substantially;
``(iii) all students will be involved in activities that
promote and demonstrate good citizenship, good health,
community service, and personal responsibility;
``(iv) all students will have access to physical education
and health education to ensure they are healthy and fit;
``(v) the percentage of all students who are competent in
more than one language will substantially increase; and
``(vi) all students will be knowledgeable about the diverse
cultural heritage of this Nation and about the world
community.
``(4) Teacher education and professional development.--
``(A) Goal.--The Nation's teaching force will have access
to programs for the continued improvement of their
professional skills and the opportunity to acquire the
knowledge and skills needed to instruct and prepare all
American students.
``(B) Objectives.--The objectives for this goal are that--
[[Page S3136]]
``(i) all teachers will have access to preservice teacher
education and continuing professional development activities
that will provide such teachers with the knowledge and skills
needed to teach to an increasingly diverse student population
with a variety of educational, social, and health needs;
``(ii) all teachers will have continuing opportunities to
acquire additional knowledge and skills needed to teach
challenging subject matter and to use emerging new methods,
forms of assessment, and technologies;
``(iii) States and school districts will create integrated
strategies to attract, recruit, prepare, retrain, and support
the continued professional development of teachers,
administrators, and other educators, so that there is a
highly talented work force of professional educators to teach
challenging subject matter; and
``(iv) partnerships will be established, whenever possible,
among local educational agencies, institutions of higher
education, parents, and local labor, business, and
professional associations to provide and support programs for
the professional development of educators.
``(5) Mathematics and science.--
``(A) Goal.--United States students will be first in the
world in mathematics and science achievement.
``(B) Objectives.--The objectives for this goal are that--
``(i) mathematics and science education, including the
metric system of measurement, will be strengthened throughout
the education system, especially in the early grades;
``(ii) the number of teachers with a substantive background
in mathematics and science, including the metric system of
measurement, will increase by 50 percent; and
``(iii) the number of United States undergraduate and
graduate students, especially women and minorities, who
complete degrees in mathematics, science, and engineering
will increase significantly.
``(6) Adult literacy and lifelong learning.--
``(A) Goal.--Every adult American will be literate and will
possess the knowledge and skills necessary to compete in a
global economy and exercise the rights and responsibilities
of citizenship.
``(B) Objectives.--The objectives for this goal are that--
``(i) every major American business will be involved in
strengthening the connection between education and work;
``(ii) all workers will have the opportunity to acquire the
knowledge and skills, from basic to highly technical, needed
to adapt to emerging new technologies, work methods, and
markets through public and private educational, vocational,
technical, workplace, or other programs;
``(iii) the number of quality programs, including those at
libraries, that are designed to serve more effectively the
needs of the growing number of part-time and midcareer
students will increase substantially;
``(iv) the proportion of the qualified students, especially
minorities, who enter college, who complete at least two
years, and who complete their degree programs will increase
substantially;
``(v) the proportion of college graduates who demonstrate
an advanced ability to think critically, communicate
effectively, and solve problems will increase substantially;
and
``(vi) schools, in implementing comprehensive parent
involvement programs, will offer more adult literacy, parent
training and life-long learning opportunities to improve the
ties between home and school, and enhance parents' work and
home lives.
``(7) Safe, disciplined, and alcohol- and drug-free
schools.--
``(A) Goal.--Every school in the United States will be free
of drugs, violence, and the unauthorized presence of firearms
and alcohol, and will offer a disciplined environment
conducive to learning.
``(B) Objectives.--The objectives for this goal are that--
``(i) every school will implement a firm and fair policy on
use, possession, and distribution of drugs and alcohol;
``(ii) parents, businesses, governmental and community
organizations will work together to ensure the rights of
students to study in a safe and secure environment that is
free of drugs and crime, and that schools provide a healthy
environment and are a safe haven for all children;
``(iii) every local educational agency will develop and
implement a policy to ensure that all schools are free of
violence and the unauthorized presence of weapons;
``(iv) every local educational agency will develop a
sequential, comprehensive kindergarten through twelfth grade
drug and alcohol prevention education program;
``(v) drug and alcohol curriculum should be taught as an
integral part of sequential, comprehensive health education;
``(vi) community-based teams should be organized to provide
students and teachers with needed support; and
``(vii) every school should work to eliminate sexual
harassment.
``(8) Parental participation.--
``(A) Goal.--Every school will promote partnerships that
will increase parental involvement and participation in
promoting the social, emotional, and academic growth of
children.
``(B) Objectives.--The objectives for this Goal are that--
``(i) every State will develop policies to assist local
schools and local educational agencies to establish programs
for increasing partnerships that respond to the varying needs
of parents and the home, including parents of children who
are disadvantaged or bilingual, or parents of children with
disabilities;
``(ii) every school will actively engage parents and
families in a partnership which supports the academic work of
children at home and shared educational decisionmaking at
school; and
``(iii) parents and families will help to ensure that
schools are adequately supported and will hold schools and
teachers to high standards of accountability.''.
SEC. 10004. AMERICA'S EDUCATION GOALS PANEL.
(a) Amendment.--Part D of title X (20 U.S.C. 8091 et seq.)
is amended to read as follows:
``PART D--AMERICA'S EDUCATION GOALS PANEL
``SEC. 10401. AMERICA'S EDUCATION GOALS PANEL.
``(a) Purpose.--It is the purpose of this section to
establish a bipartisan mechanism for--
``(1) building a national consensus for education
improvement; and
``(2) reporting on progress toward achieving the National
Education Goals.
``(b) America's Education Goals Panel.--
``(1) Establishment.--There is established in the executive
branch an America's Education Goals Panel (hereafter in this
section referred to as the `Goals Panel') to advise the
President, the Secretary, and Congress.
``(2) Composition.--The Goals Panel shall be composed of 18
members (hereafter in this section referred to as `members'),
including--
``(A) 2 members appointed by the President;
``(B) 8 members who are Governors, 3 of whom shall be from
the same political party as the President and 5 of whom shall
be from the opposite political party of the President,
appointed by the Chairperson and Vice Chairperson of the
National Governors' Association, with the Chairperson and
Vice Chairperson each appointing representatives of such
Chairperson's or Vice Chairperson's respective political
party, in consultation with each other;
``(C) 4 Members of Congress, of whom--
``(i) 1 member shall be appointed by the Majority Leader of
the Senate from among the Members of the Senate;
``(ii) 1 member shall be appointed by the Minority Leader
of the Senate from among the Members of the Senate;
``(iii) 1 member shall be appointed by the Majority Leader
of the House of Representatives from among the Members of the
House of Representatives; and
``(iv) 1 member shall be appointed by the Minority Leader
of the House of Representatives from among the Members of the
House of Representatives; and
``(D) 4 members of State legislatures appointed by the
President of the National Conference of State Legislatures,
of whom 2 shall be of the same political party as the
President of the United States.
``(3) Special appointment rules.--
``(A) In general.--The members appointed pursuant to
paragraph (2)(B) shall be appointed as follows:
``(i) Same party.--If the Chairperson of the National
Governors' Association is from the same political party as
the President, the Chairperson shall appoint 3 individuals
and the Vice Chairperson of such association shall appoint 5
individuals.
``(ii) Opposite party.--If the Chairperson of the National
Governors' Association is from the opposite political party
as the President, the Chairperson shall appoint 5 individuals
and the Vice Chairperson of such association shall appoint 3
individuals.
``(B) Special rule.--If the National Governors' Association
has appointed a panel that meets the requirements of
paragraph (2) and subparagraph (A), except for the
requirements of subparagraph (D) of paragraph (2), prior to
the date of enactment of the Elementary and Secondary
Education Amendments of 1999, then the members serving on
such panel shall be deemed to be in compliance with the
provisions of such paragraph and subparagraph and shall not
be required to be reappointed pursuant to such paragraph and
subparagraph.
``(C) Representation.--To the extent feasible, the
membership of the Goals Panel shall be geographically
representative and reflect the racial, ethnic, and gender
diversity of the United States.
``(4) Terms.--The terms of service of members shall be as
follows:
``(A) Presidential appointees.--Members appointed under
paragraph (2)(A) shall serve at the pleasure of the
President.
``(B) Governors.--Members appointed under paragraph (2)(B)
shall serve for 2-year terms, except that the initial
appointments under such paragraph shall be made to ensure
staggered terms with \1/2\ of such members' terms concluding
every 2 years.
``(C) Congressional appointees and state legislators.--
Members appointed under subparagraphs (C) and (D) of
paragraph (2) shall serve for 2-year terms.
``(5) Date of appointment.--The initial members shall be
appointed not later than 60 days after the date of enactment
of the Elementary and Secondary Education Amendments of 1999.
``(6) Initiation.--The Goals Panel may begin to carry out
the Goals Panel's duties under this section when 10 members
of the Goals Panel have been appointed.
``(7) Vacancies.--A vacancy on the Goals Panel shall not
affect the powers of the Goals Panel, but shall be filled in
the same manner as the original appointment.
``(8) Travel.--Each member may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for each day the
member is engaged in the performance of duties for the Goals
Panel away from the home or regular place of business of the
member.
``(9) Chairperson.--
``(A) In general.--The members shall select a Chairperson
from among the members.
``(B) Term and political affiliation.--The Chairperson of
the Goals Panel shall serve a 1-
[[Page S3137]]
year term and shall alternate between political parties.
``(10) Conflict of interest.--A member of the Goals Panel
who is an elected official of a State which has developed
content or student performance standards may not participate
in Goals Panel consideration of such standards.
``(11) Ex officio member.--If the President has not
appointed the Secretary as 1 of the 2 members the President
appoints pursuant to paragraph (2)(A), then the Secretary
shall serve as a nonvoting ex officio member of the Goals
Panel.
``(c) Duties.--
``(1) In general.--The Goals Panel shall--
``(A) report to the President, the Secretary, and Congress
regarding the progress the Nation and the States are making
toward achieving America's Education Goals, including issuing
an annual report;
``(B) report on, and widely disseminate through multiple
strategies, promising or effective actions being taken at the
Federal, State, and local levels, and in the public and
private sectors, to achieve America's Education Goals;
``(C) report on, and widely disseminate on promising or
effective practices pertaining to, the achievement of each of
the 8 America's Education Goals; and
``(D) help build a bipartisan consensus for the reforms
necessary to achieve America's Education Goals.
``(2) Report.--
``(A) In general.--The Goals Panel shall annually prepare
and submit to the President, the Secretary, the appropriate
committees of Congress, and the Governor of each State a
report that shall--
``(i) assess the progress of the United States toward
achieving America's Education Goals; and
``(ii) identify actions that should be taken by Federal,
State, and local governments--
``(I) to enhance progress toward achieving America's
Education Goals; and
``(II) to provide all students with a fair opportunity-to-
learn.
``(B) Form; data.--Reports shall be presented in a form,
and include data, that is understandable to parents and the
general public.
``(d) Powers of the Goals Panel.--
``(1) Hearings.--
``(A) In general.--The Goals Panel shall, for the purpose
of carrying out this section, conduct such hearings, sit and
act at such times and places, take such testimony, and
receive such evidence, as the Goals Panel considers
appropriate.
``(B) Representation.--In carrying out this section, the
Goals Panel shall conduct hearings to receive reports, views,
and analyses of a broad spectrum of experts and the public on
the establishment of voluntary national content standards,
voluntary national student performance standards, and State
assessments.
``(2) Information.--The Goals Panel may secure directly
from any department or agency of the United States
information necessary to enable the Goals Panel to carry out
this section. Upon request of the Chairperson of the Goals
Panel, the head of a department or agency shall furnish such
information to the Goals Panel to the extent permitted by
law.
``(3) Postal services.--The Goals Panel may use the United
States mail in the same manner and under the same conditions
as other departments and agencies of the United States.
``(4) Use of facilities.--The Goals Panel may, with or
without reimbursement, and with the consent of any agency or
instrumentality of the United States, or of any State or
political subdivision thereof, use the research, equipment,
services, and facilities of such agency, instrumentality,
State, or subdivision, respectively.
``(5) Administrative arrangements and support.--
``(A) In general.--The Secretary shall provide to the Goals
Panel, on a reimbursable basis, such administrative support
services as the Goals Panel may request.
``(B) Contracts and other arrangements.--The Secretary, to
the extent appropriate, and on a reimbursable basis, shall
enter into contracts and make other arrangements that are
requested by the Goals Panel to help the Goals Panel compile
and analyze data or carry out other functions necessary to
the performance of such responsibilities.
``(6) Gifts.--The Goals Panel may accept, administer, and
utilize gifts or donations of services, money, or property,
whether real or personal, tangible or intangible.
``(e) Administrative Provisions.--
``(1) Meetings.--The Goals Panel shall meet on a regular
basis, as necessary, at the call of the Chairperson of the
Goals Panel or a majority of the Goals Panel's members.
``(2) Quorum.--A majority of the members shall constitute a
quorum for the transaction of business.
``(3) Voting and final decision.--
``(A) Voting.--No individual may vote, or exercise any of
the powers of a member, by proxy.
``(B) Final decisions.--
``(i) Consensus.--In making final decisions of the Goals
Panel with respect to the exercise of the Goals Panel's
duties and powers the Goals Panel shall operate on the
principle of consensus among the members of the Goals Panel.
``(ii) Votes.--Except as otherwise provided in this
section, if a vote of the membership of the Goals Panel is
required to reach a final decision with respect to the
exercise of the Goals Panel's duties and powers, then such
final decision shall be made by a \3/4\ vote of the members
of the Goals Panel who are present and voting.
``(4) Public access.--The Goals Panel shall ensure public
access to the Goals Panel's proceedings (other than
proceedings, or portions of proceedings, relating to internal
personnel and management matters) and make available to the
public, at reasonable cost, transcripts of such proceedings.
``(f) Director and Staff; Experts and Consultants.--
``(1) Director.--The Chairperson of the Goals Panel,
without regard to the provisions of title 5, United States
Code, relating to the appointment and compensation of
officers or employees of the United States, shall appoint a
Director of the Goals Panel to be paid at a rate not to
exceed the rate of basic pay payable for level V of the
Executive Schedule.
``(2) Appointment and pay of employees.--
``(A) Appointment.--
``(i) In general.--The Director may appoint not more than 4
additional employees to serve as staff to the Goals Panel
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
``(ii) Pay.--The employees appointed under subparagraph (A)
may be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, but shall not
be paid a rate that exceeds the maximum rate of basic pay
payable for GS-15 of the General Schedule.
``(B) Additional employees.--The Director may appoint
additional employees to serve as staff to the Goals Panel in
accordance with title 5, United States Code.
``(3) Experts and consultants.--The Goals Panel may procure
temporary and intermittent services of experts and
consultants under section 3109(b) of title 5, United States
Code.
``(4) Staff of federal agencies.--Upon the request of the
Goals Panel, the head of any department or agency of the
United States may detail any of the personnel of such agency
to the Goals Panel to assist the Goals Panel in the Goals
Panel's duties under this section.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this part
$2,500,000 for fiscal year 2001 and such sums as may be
necessary for each of the 4 succeeding fiscal years.''.
(b) Transition Rule.--Each individual who is a member or
employee of the National Education Goals Panel on the date of
enactment of the Elementary and Secondary Education
Amendments of 1999 shall be a member or employee,
respectively, of the America's Education Goals Panel, without
interruption or loss of service or status.
SEC. 10005. COMPREHENSIVE REGIONAL ASSISTANCE CENTERS.
Part E of title X (20 U.S.C. 8131 et seq.) is amended to
read as follows:
``PART E--COMPREHENSIVE REGIONAL ASSISTANCE CENTERS
``SEC. 10501. PROGRAM AUTHORIZED.
``(a) Comprehensive Regional Assistance Centers.--
``(1) In general.--The Secretary is authorized to award
grants to, or enter into contracts or cooperative agreements
with, public or private nonprofit entities or consortia of
such entities in order to establish a networked system of 15
comprehensive regional assistance centers to provide
comprehensive training and technical assistance, related to
administration and implementation of programs under this Act,
to States, local educational agencies, schools, tribes,
community-based organizations, and other recipients of funds
under this Act.
``(2) Consideration.--In establishing comprehensive
regional assistance centers and allocating resources among
the centers, the Secretary shall consider--
``(A) the geographic distribution of students assisted
under title I;
``(B) the geographic and linguistic distribution of
students of limited-English proficiency;
``(C) the geographic distribution of Indian students;
``(D) the special needs of students living in urban and
rural areas; and
``(E) the special needs of States and outlying areas in
geographic isolation.
``(3) Special rule.--The Secretary shall establish 1
comprehensive regional assistance center under this section
in Hawaii.
``(b) Service to Indians and Alaska Natives.--The Secretary
shall ensure that each comprehensive regional assistance
center that serves a region with a significant population of
Indian or Alaska Native students shall--
``(1) be awarded to a consortium which includes a tribally
controlled community college or other Indian organization;
and
``(2) assist in the development and implementation of
instructional strategies, methods and materials which address
the specific cultural and other needs of Indian or Alaska
Native students.
``(c) Accountability.--To ensure the quality and
effectiveness of the networked system of comprehensive
regional assistance centers supported under this part, the
Secretary shall--
``(1) develop, in consultation with the Assistant Secretary
for Elementary and Secondary Education, the Director of
Bilingual Education and Minority Languages Affairs, and the
Assistant Secretary for Educational Research and Improvement,
a set of performance indicators that assesses whether the
work of the centers assists in improving teaching and
learning under this Act for all children, particularly
children at risk of educational failure;
``(2) conduct surveys every two years of populations to be
served under this Act to determine if such populations are
satisfied with the access to and quality of such services;
``(3) collect, as part of the Department's reviews of
programs under this Act, information about the availability
and quality of services provided by the centers, and share
that information with the centers; and
``(4) take whatever steps are reasonable and necessary to
ensure that each center performs its responsibilities in a
satisfactory manner, which may include--
``(A) termination of an award under this part (if the
Secretary concludes that performance has
[[Page S3138]]
been unsatisfactory) and the selection of a new center; and
``(B) whatever interim arrangements the Secretary
determines are necessary to ensure the satisfactory delivery
of services under this part to an affected region.
``(d) Duration.--Grants, contracts or cooperative
agreements under this section shall be awarded for a period
of 5 years.
``SEC. 10502. REQUIREMENTS OF COMPREHENSIVE REGIONAL
ASSISTANCE CENTERS.
``(a) In General.--Each comprehensive regional assistance
center established under section 10501(a) shall--
``(1) maintain appropriate staff expertise and provide
support, training, and assistance to State educational
agencies, tribal divisions of education, local educational
agencies, schools, and other grant recipients under this Act,
in--
``(A) improving the quality of instruction, curricula,
assessments, and other aspects of school reform, supported
with funds under title I;
``(B) implementing effective schoolwide programs under
section 1114;
``(C) meeting the needs of children served under this Act,
including children in high-poverty areas, migratory children,
immigrant children, children with limited-English
proficiency, neglected or delinquent children, homeless
children and youth, Indian children, children with
disabilities, and, where applicable, Alaska Native children
and Native Hawaiian children;
``(D) implementing high-quality professional development
activities for teachers, and where appropriate,
administrators, pupil services personnel and other staff;
``(E) improving the quality of bilingual education,
including programs that emphasize English and native language
proficiency and promote multicultural understanding;
``(F) creating safe and drug-free environments, especially
in areas experiencing high levels of drug use and violence in
the community and school;
``(G) implementing educational applications of technology;
``(H) coordinating services and programs to meet the needs
of students so that students can fully participate in the
educational program of the school;
``(I) expanding the involvement and participation of
parents in the education of their children;
``(J) reforming schools, school systems, and the governance
and management of schools;
``(K) evaluating programs; and
``(L) meeting the special needs of students living in urban
and rural areas and the special needs of local educational
agencies serving urban and rural areas;
``(2) ensure that technical assistance staff have
sufficient training, knowledge, and expertise in how to
integrate and coordinate programs under this Act with each
other, as well as with other Federal, State, and local
programs and reforms;
``(3) provide technical assistance using the highest
quality and most cost-effective strategies possible;
``(4) coordinate services, work cooperatively, and
regularly share information with, the regional educational
laboratories, research and development centers, State
literacy centers authorized under the National Literacy Act
of 1991, and other entities engaged in research, development,
dissemination, and technical assistance activities which are
supported by the Department as part of a Federal technical
assistance system, to provide a broad range of support
services to schools in the region while minimizing the
duplication of such services;
``(5) work collaboratively with the Department's regional
offices;
``(6) consult with representatives of State educational
agencies, local educational agencies, and populations served
under this Act;
``(7) provide services to States, local educational
agencies, tribes, and schools in order to better implement
the purposes of this part; and
``(8) provide professional development services to State
educational agencies and local educational agencies to
increase the capacity of such entities to provide high-
quality technical assistance in support of programs under
this Act.
``(b) Priority.--Each comprehensive regional assistance
center assisted under this part shall give priority to
servicing--
``(1) schoolwide programs under section 1114; and
``(2) local educational agencies and Bureau-funded schools
with the highest percentages or numbers of children in
poverty.
``SEC. 10503. MAINTENANCE OF SERVICE AND APPLICATION
REQUIREMENTS.
``(a) Maintenance of Service.--The Secretary shall ensure
that the comprehensive regional assistance centers funded
under this part provide technical assistance services that
address the needs of educationally disadvantaged students,
including students in urban and rural areas, and bilingual,
migrant, immigrant, and Indian students, that are at least
comparable to the level of such technical assistance services
provided under programs administered by the Secretary on the
day preceding the date of enactment of the Improving
America's Schools Act of 1994.
``(b) Application Requirements.--Each entity or consortium
desiring assistance under this part shall submit an
application to the Secretary at such time, in such manner and
accompanied by such information, as the Secretary may
require. Each such application shall--
``(1) demonstrate how the comprehensive regional assistance
center will provide expertise and services in the areas
described in section 10502;
``(2) demonstrate how such centers will work to conduct
outreach to local educational agencies receiving priority
under section 10502;
``(3) demonstrate support from States, local educational
agencies and tribes in the area to be served;
``(4) demonstrate how such centers will ensure a fair
distribution of services to urban and rural areas; and
``(5) provide such other information as the Secretary may
require.
``SEC. 10504. TRANSITION.
``(a) Extension of Previous Centers.--The Secretary shall,
notwithstanding any other provision of law, use funds
appropriated under section 10505 to extend or continue
contracts and grants for existing comprehensive regional
assistance centers assisted under this Act (as such Act was
in effect on the day preceding the date of enactment of the
Educational Opportunities Act), and take other necessary
steps to ensure a smooth transition of services provided
under this part and that such services will not be
interrupted, curtailed, or substantially diminished.
``(b) Staff Expertise.--In planning for the competition for
the new comprehensive regional assistance centers under this
part, the Secretary may draw on the expertise of staff from
existing comprehensive regional assistance centers assisted
under this Act prior to the date of enactment of the
Educational Opportunities Act.
``SEC. 10505. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are
authorized to be appropriated $70,000,000 for fiscal year
2001 and such sums as may be necessary for each of the four
succeeding fiscal years.''.
SEC. 10006. REPEALS.
Parts F through K of title X, and titles XI, XII, XIII, and
XIV (20 U.S.C. 8141 et seq., 8331 et seq., 8401 et seq., 8501
et seq., 8601 et seq., 8801 et seq.) are repealed.
SEC. 10007. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Legislative Branch Appropriations Act, 1997.--Section
5(d)(1) of the Legislative Branch Appropriations Act, 1997 (2
U.S.C. 117b-2(d)(1)) is amended--
(1) by striking ``14101'' and inserting ``3''; and
(2) by striking ``(20 U.S.C. 8801)''.
(b) Legislative Branch Appropriations Act, 1987.--Section
104(3)(B)(ii) of the Legislative Branch Appropriations Act,
1987 (as incorporated by reference in section 101(j) of
Public Law 99-500 and Public Law 99-591) (2 U.S.C.
117e(3)(B)(ii)) is amended by striking ``14101'' and
inserting ``3''.
(c) National Agricultural Research, Extension, and Teaching
Policy Act of 1977.--Section 1417(j)(1)(B) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3152(j)(1)(B)) is amended--
(1) by striking ``14101(25)'' and inserting ``3''; and
(2) by striking ``(20 U.S.C. 8801(25))''.
(d) Refugee Education Assistance Act of 1980.--Section
101(1) of the Refugee Education Assistance Act of 1980 (8
U.S.C. 1522 note) is amended by striking ``14101'' and
inserting ``3''.
(e) Title 10, United States Code.--Section 2194(e) of title
10, United States Code, is amended--
(1) by striking ``14101'' and inserting ``3''; and
(2) by striking ``(20 U.S.C. 8801)''.
(f) Toxic Substances Control Act.--
(1) Asbestos.--Paragraphs (7), (9) and (12) of section 202
of the Toxic Substances Control Act (15 U.S.C. 2642) are
amended by striking ``14101'' and inserting ``3''.
(2) Radon.--Section 302(1)(A) of the Toxic Substances
Control Act (15 U.S.C. 2662(1)(A)) is amended by striking
``14101'' and inserting ``3''.
(g) Higher Education Act of 1965.--Paragraphs (4), (5),
(6), (10), and (14) of section 103 of the Higher Education
Act of 1965 (20 U.S.C. 1003) are amended by striking
``14101'' and inserting ``3''.
(h) General Education Provisions Act.--Section 425(6) of
the General Education Provisions Act (20 U.S.C. 1226c(6)) is
amended by striking ``14701'' and inserting ``10201''.
(i) Individuals with Disabilities Education Act.--Section
613(f) of the Individuals with Disabilities Education Act (20
U.S.C. 1413(f)) is amended by striking paragraph (3).
(j) Education Amendments of 1972.--Section 908(2)(B) of the
Education Amendments of 1972 (20 U.S.C. 1687(2)(B)) is
amended by striking ``14101'' and inserting ``3''.
(k) Carl D. Perkins Vocational and Technical Education Act
of 1998.--Section 3 of the Carl D. Perkins Vocational and
Technical Education Act of 1998 (20 U.S.C. 2302) is amended--
(1) in paragraph (5)--
(A) by striking ``10306'' and inserting ``5410''; and
(B) by striking ``(20 U.S.C. 8066)''; and
(2) in paragraphs (8), (16), and (21)--
(A) by striking ``14101'' and inserting ``3''; and
(B) by striking ``(20 U.S.C. 8801)''.
(l) Education for Economic Security Act.--
(1) Economic security.--Section 3(3) of the Education for
Economic Security Act (20 U.S.C. 3902) is amended--
(A) in paragraph (3)--
(i) by striking ``198(a)(7)'' and inserting ``3''; and
(B) in paragraph (7)--
(i) by striking ``198(a)(10)'' and inserting ``3''; and
(C) in paragraph (12)--
(i) by striking ``198(a)(17)'' and inserting ``3''.
(2) Asbestos.--Section 511 of the Education for Economic
Security Act (20 U.S.C. 4020) is amended--
(A) in paragraph (4)(A), by striking ``198(a)(10)'' and
inserting ``3''; and
(B) in paragraph (5)(A), by striking ``198(a)(7)'' and
inserting ``3''.
(m) James Madison Memorial Fellowship Act.--Section 815(4)
of the James Madison Memorial Fellowship Act (20 U.S.C.
4514(4)) is amended by striking ``14101'' and inserting
``3''.
(n) National Environmental Education Act.--Section 3(5) of
the National Environmental Education Act (20 U.S.C. 5502(5))
is amended--
[[Page S3139]]
(1) by striking ``14101'' and inserting ``3''; and
(2) by striking ``(20 U.S.C. 3381)''.
(o) Education Flexibility Partnership Act of 1999.--Section
3(1) of the Education Flexibility Partnership Act of 1999 (20
U.S.C. 5891a(1)) is amended by striking ``14101'' and
inserting ``3''.
(p) District of Columbia College Access Act of 1999.--
Section 3(c)(5) of the District of Columbia College Access
Act of 1999 (Public Law 106-98; 113 Stat. 1323) is amended--
(1) by striking ``14101'' and inserting ``3''; and
(2) by striking ``(20 U.S.C. 8801)''.
(q) School-to-Work Opportunities Act of 1994.--
(1) Waivers.--Section 502(b) of the School-to-Work
Opportunities Act of 1994 (20 U.S.C. 6212(b)) is amended--
(A) in paragraph (4), by striking the semicolon and
inserting ``; and'';
(B) by striking paragraph (5); and
(C) by redesignating paragraph (6) as paragraph (5).
(2) Combination of funds.--Section 504(a)(2)(B)(i) of the
School-to-Work Opportunities Act of 1994 (20 U.S.C.
6214(a)(2)(B)(i)) is amended by striking ``paragraphs (2)
through (6)'' and inserting ``paragraphs (2) through (5)''.
(r) National Education Statistics Act of 1994.--Paragraphs
(4) and (6) of section 402(c) of the National Education
Statistics Act of 1994 (20 U.S.C. 9001(c)) are amended by
striking ``14101'' and inserting ``3''.
(s) Adult Education and Family Literacy Act.--Section
203(13) of the Adult Education and Family Literacy Act (20
U.S.C. 9202(13)) is amended--
(1) by striking ``14101'' and inserting ``3''; and
(2) by striking ``(20 U.S.C. 8801)''.
(t) Internal Revenue Code of 1986.--Section 1397E(d)(4)(B)
of the Internal Revenue Code of 1986 is amended by striking
``14101'' and inserting ``3''.
(u) Rehabilitation Act of 1973.--
(1) Research.--Section 202(b)(4)(A)(i) of the
Rehabilitation Act of 1973 (29 U.S.C. 762(b)(4)(A)(i)) is
amended by striking ``14101'' and inserting ``3''.
(2) Nondiscrimination.--Section 504(b)(2)(B) of the
Rehabilitation Act of 1973 (29 U.S.C. 794(b)(2)(B)) is
amended by striking ``14101'' and inserting ``3''.
(v) Family and Medical Leave Act of 1993.--Section
108(a)(1)(A) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2618(a)(1)(A)) is amended--
(1) by striking ``14101'' and inserting ``3''; and
(2) by striking ``(20 U.S.C. 2891(12))''.
(w) Workforce Investment Act of 1998.--Paragraphs (23) and
(40) of section 101 of the Workforce Investment Act of 1998
(29 U.S.C. 2801) are amended--
(1) by striking ``14101'' and inserting ``3''; and
(2) by striking ``(20 U.S.C. 8801)''.
(x) Safe Drinking Water Act.--Paragraphs (3)(A) and (6) of
section 1461 of the Safe Drinking Water Act (42 U.S.C. 300j-
21) are amended by striking ``14101'' and inserting ``3''.
(y) Civil Rights Act of 1964.--Section 606(2)(B) of the
Civil Rights Act of 1964 (42 U.S.C. 2000d-4a(2)(B)) is
amended by striking ``14101'' and inserting ``3''.
(z) Older Americans Act of 1965.--
(1) Application.--Section 338A(a)(1) of the Older Americans
Act of 1965 (42 U.S.C. 3030g-12(a)(1)) is amended by striking
``14101'' and inserting ``3''.
(2) Definition.--Section 363(5)(B) of the Older Americans
Act of 1965 (42 U.S.C. 3030o(5)(B)) is amended by striking
``14101'' and inserting ``3''.
(aa) Age Discrimination Act of 1975.--Section 309(4)(B)(ii)
of the Age Discrimination Act of 1975 (42 U.S.C.
6107(4)(B)(ii)) is amended by striking ``14101'' and
inserting ``3''.
(bb) Hazardous and Solid Waste Amendments of 1989.--Section
221(f)(3)(B)(i) of The Hazardous and Solid Waste Amendments
of 1984 (42 U.S.C. 6921 note) is amended by striking
``198(a)(7)'' and inserting ``3''.
(cc) Albert Einstein Distinguished Educator Fellowship Act
of 1994.--Paragraphs (1), (2), and (3) of section 514 of the
Albert Einstein Distinguished Educator Fellowship Act of 1994
(42 U.S.C. 7382b) are amended by striking ``14101'' and
inserting ``3''.
(dd) Earthquake Hazards.--Section 2(c)(1)(A) of the Act
entitled ``An Act to authorize appropriations for carrying
out the Earthquake Hazards Reduction Act of 1977 for fiscal
years 1998 and 1999, and for other purposes'', approved
October 1, 1997 (42 U.S.C. 7704 note) is amended--
(1) by striking ``14101'' and inserting ``3''; and
(2) by striking ``(20 U.S.C. 8801)''.
(ee) State Dependent Care Development Grants Act.--
Paragraphs (6) and (11) of section 670G of the State
Dependent Care Development Grants Act (42 U.S.C. 9877) are
amended by striking ``14101'' and inserting ``3''.
(ff) Community Services Block Grant Act.--Section 682(b)(4)
of the Community Services Block Grant Act (42 U.S.C.
9923(b)(4)) is amended--
(1) by striking ``14101'' and inserting ``3''; and
(2) by striking ``(20 U.S.C. 8801)''.
(gg) National and Community Service Act of 1990.--
Paragraphs (8), (14), (22), and (28) of section 101 of the
National and Community Service Act of 1990 (42 U.S.C. 12511)
are amended by striking ``14101'' and inserting ``3''.
(hh) Telecommunications Act of 1996.--Section 706(c)(2) of
the Telecommunications Act of 1996 (47 U.S.C. 157 note) is
amended--
(1) by striking ``paragraphs (14) and (25), respectively,
of section 14101'' and inserting ``section 3''; and
(2) by striking ``(20 U.S.C. 8801)''.
(ii) Communications Act of 1934.--Section 254(h)(5)(A) of
the Communications Act of 1934 (47 U.S.C. 254(h)(5)(A)) is
amended--
(1) by striking ``paragraphs (14) and (25), respectively,
of section 14101'' and inserting ``section 3''; and
(2) by striking ``(20 U.S.C. 8801)''.
(jj) Transportation Equity Act for the 21st Century.--
Section 4024 of the Transportation Equity Act for the 21st
Century (49 U.S.C. 31136 note) is amended by striking
``14101'' and inserting ``3''.
TITLE XI--AMENDMENTS TO OTHER LAWS
PART A--REPEALS
SEC. 11101. GOALS 2000: EDUCATE AMERICA ACT.
The Goals 2000: Educate America Act (20 U.S.C. 5801 et
seq.) is repealed.
SEC. 11102. HIGHER EDUCATION AMENDMENTS OF 1998.
Part B of title VIII of the Higher Education Amendments of
1998 (20 U.S.C. 1070a-ll note) is repealed.
SEC. 11103. CONFORMING AMENDMENTS.
(a) School-to-Work Opportunities Act of 1994.--
(1) Section 3(a) of the School-to-Work Opportunities Act of
1994 (20 U.S.C. 6102(a)) is amended--
(A) in paragraph (1)(B), by striking ``the Goals 2000:
Educate America Act and''; and
(B) in paragraph (14), by striking ``the National Education
Goals set forth in title I of the Goals 2000: Educate America
Act'' and inserting ``America's Education Goals''.
(2) Section 4(3) of the School-to-Work Opportunities Act of
1994 (20 U.S.C. 6103(3)) is amended--
(A) by inserting ``and'' after ``section 213,''; and
(B) by striking ``, and is consistent with the State
improvement plan for the State, if any, under the Goals 2000:
Educate America Act''.
(3) Section 102(3) of the School-to-Work Opportunities Act
of 1994 (20 U.S.C. 6112(3)) is amended by striking
``including, where applicable, standards established under
the Goals 2000: Educate America Act,''.
(4) Section 203 of the School-to-Work Opportunities Act of
1994 (20 U.S.C. 6123) is amended by striking subsection (c).
(5) Section 204 of the School-to-Work Opportunities Act of
1994 (20 U.S.C. 6124) is repealed.
(6) Section 213 of the School-to-Work Opportunities Act of
1994 (20 U.S.C. 6143) is amended--
(A) by striking subsection (c); and
(B) in subsection (d)--
(i) in paragraph (6)--
(I) by striking subparagraph (F); and
(II) by redesignating subparagraphs (G) through (L) as
subparagraphs (F) through (K), respectively; and
(ii) in paragraph (8), by striking ``academic and skill
standards established pursuant to the Goals 2000: Educate
America Act and the National Skill Standards Act of 1994''
and inserting ``standards established pursuant to the
National Skill Standards Act of 1994''.
(7) Section 214(b)(3) of the School-to-Work Opportunities
Act of 1994 (20 U.S.C. 6144(b)(3)) is amended--
(A) in subparagraph (B), by inserting ``and'' after the
semicolon;
(B) in subparagraph (C), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (D).
(b) Education Amendments of 1978.--Section 1121 of the
Education Amendments of 1978 (25 U.S.C. 2001) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``the National
Education Goals embodied in the Goals 2000: Educate America
Act'' and inserting ``America's Education Goals''; and
(B) by striking the second sentence; and
(2) in subsection (b), by striking ``the Goals 2000:
Educate America Act'' and inserting ``the Goals 2000: Educate
America Act (as in effect on the date of enactment of the
Educational Opportunities Act)''.
PART B--EDUCATION FOR HOMELESS CHILDREN AND YOUTH
SEC. 11201. STATEMENT OF POLICY.
Section 721(3) of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11431(3)) is amended by striking
``should not be'' and inserting ``is not''.
SEC. 11202. GRANTS FOR STATE AND LOCAL ACTIVITIES.
Section 722 of such Act (42 U.S.C. 11432) is amended--
(1) in subsection (c)--
(A) in paragraph (2)(A)--
(i) by inserting ``and'' after ``Samoa,''; and
(ii) by striking ``, and Palau'' and all that follows
through ``Palau)''; and
(B) in paragraph (3)--
(i) by inserting ``or'' after ``Samoa,''; and
(ii) by striking ``, or Palau'';
(2) in subsection (e), by adding at the end the following:
``(3) Prohibition on segregating homeless students.--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 on such child
or youth's status as homeless, except as provided in section
723(a)(2)(B)(ii).'';
(3) by amending subsection (f) to read as follows:
``(f) Functions of the Office of Coordinator.--The
Coordinator of Education of Homeless Children and Youth
established in each State shall--
``(1) gather 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 schools and secondary schools, the
difficulties in identifying the special needs of such
children and youth, any progress
[[Page S3140]]
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, at such time
and in such manner as the Secretary may require, such
information as the Secretary deems necessary to assess the
educational needs of homeless children and youth within the
State;
``(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.''; and
(4) in subsection (g)--
(A) in paragraph (1)--
(i) in subparagraph (E)--
(I) by striking ``the report'' and inserting ``the
information''; and
(II) by striking ``(f)(4)'' and inserting ``(f)(3)''; and
(ii) by amending subparagraph (H) to read as follows:
``(H) contain assurances that--
``(i) the State educational agency and local educational
agencies in the State will adopt policies and practices to
ensure that homeless children and youth are not segregated on
the basis of their status as homeless or stigmatized; and
``(ii) local educational agencies serving school districts
in which homeless children and youth reside or attend school
will--
``(I) post public notice of the educational rights of such
children and youth where such children and youth receive
services under this Act (such as family shelters and soup
kitchens); and
``(II) designate an appropriate staff person, who may also
be a coordinator for other Federal programs, as a liaison for
homeless children and youth.'';
(B) by amending paragraph (3) to read as follows:
``(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--
``(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 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--
``(i) to the extent feasible, keep 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; and
``(ii) provide a written explanation to the homeless
child's or youth's parent or guardian when the local
educational agency sends such child or youth to a school
other than the school of origin or a school requested by the
parent or guardian.
``(C) Enrollment.--
``(i) In general.--The school selected in accordance with
this paragraph shall 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, medical records, proof of residency, or other
documentation.
``(ii) Special rule.--The enrolling school immediately
shall contact the school last attended by the child or youth
to obtain relevant academic and other records. If the child
or youth needs to obtain immunizations, the enrolling school
shall promptly refer the child or youth to the appropriate
authorities for such immunizations.
``(D) Definition of school of origin.--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.
``(E) 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.'';
(C) by amending paragraph (6) to read as follows:
``(6) 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 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 shelters and
other challenges associated with homeless children and
youth.'';
(D) by amending paragraph (7) to read as follows:
``(7) Liaison.--
``(A) In general.--Each local liaison for homeless children
and youth designated pursuant to paragraph (1)(H)(ii)(II)
shall ensure that--
``(i) homeless children and youth enroll, and have a full
and equal opportunity to succeed, in the schools of the local
educational 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 posted where such children and youth
receive services under this Act (such as family shelters and
soup kitchens).
``(B) Information.--State coordinators in States receiving
assistance under this subtitle and local educational agencies
receiving assistance under this subtitle shall inform school
personnel, service providers, and advocates working with
homeless families of the duties of the liaisons for homeless
children and youth.
``(C) Local and state coordination.--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 liaison for homeless
children and youth shall provide resource information and
assist in resolving a dispute under this subtitle if such a
dispute arises.''; and
(E) by striking paragraph (9).
SEC. 11203. LOCAL EDUCATIONAL AGENCY GRANTS.
Section 723 of such Act (42 U.S.C. 11433) is amended--
(1) in subsection (a), by amending paragraph (2) to read as
follows:
``(2) Services.--
``(A) In general.--Services provided 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 individuals with nonhomeless individuals;
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 clause (ii); and
``(ii) 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.'';
(2) in subsection (b)--
(A) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(B) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) an assessment of the educational and related needs of
homeless children and youth in the school district (which may
be undertaken as a part of needs assessments for other
disadvantaged groups);''; and
(C) in paragraph (4) (as so redesignated), by striking
``(9)'' and inserting ``(8)''; and
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--The State educational agency, in
accordance with the requirements of this subtitle and from
amounts made available to the State educational agency under
section 726, shall award grants, on a competitive basis,
[[Page S3141]]
to local educational agencies that submit applications under
subsection (b). Such grants shall be awarded on the basis of
the need of such agencies for assistance under this subtitle
and the quality of the applications submitted.'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) Quality.--In determining the quality of applications
under paragraph (1), the State educational agency shall
consider--
``(A) the local educational agency's needs assessment under
subsection (b)(1) and the likelihood that the program to be
assisted will meet the needs;
``(B) the types, intensity, and coordination of services to
be assisted 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 local educational agency's
evaluation plan for the program;
``(F) the extent to which services provided under this
subtitle will be coordinated with other available services;
``(G) the extent to which the local educational agency
provides case management or related services to homeless
children and youth who are unaccompanied by a parent or
guardian; and
``(H) such other measures as the State educational agency
determines indicative of a high-quality program.''.
SEC. 11204. SECRETARIAL RESPONSIBILITIES.
Section 724 (42 U.S.C. 11434) is amended--
(1) in subsection (a), by striking ``the State
educational'' and inserting ``State educational'';
(2) by striking subsection (f);
(3) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(4) by inserting after subsection (b) the following:
``(c) Guidelines.--The Secretary shall develop, issue, and
publish in the Federal Register, not later than 60 days after
the date of enactment of the Educational Opportunities Act,
school enrollment guidelines for States with respect to
homeless children and youth. The guidelines shall describe--
``(1) successful ways in which a State may assist local
educational agencies to enroll immediately homeless children
and youth in school; and
``(2) how a State can review the State's requirements
regarding immunization and medical or school records and make
revisions to the requirements as are appropriate and
necessary in order to enroll homeless children and youth in
school more quickly.''; and
(5) by adding at the end the following:
``(g) Information.--
``(1) In general.--From funds appropriated under section
726, the Secretary, directly or through grants, contracts, or
cooperative agreements, shall periodically collect and
disseminate data and information regarding--
``(A) the number and location of homeless children and
youth;
``(B) the education and related services homeless children
and youth receive;
``(C) the extent to which the needs of homeless children
and youth are met; and
``(D) such other data and information as the Secretary
determines necessary and relevant to carry out this subtitle.
``(2) Coordination.--The Secretary shall coordinate such
collection and dissemination with other agencies and entities
that receive assistance and administer programs under this
subtitle.
``(h) Report.--Not later than 4 years after the date of
enactment of the Educational Opportunities Act, the Secretary
shall prepare and submit to the President and the appropriate
committees of the House of Representatives and the Senate a
report on the status of the education of homeless children
and youth, which shall include information regarding--
``(1) the education of homeless children and youth; and
``(2) the actions of the Department of Education and the
effectiveness of the programs supported under this
subtitle.''.
SEC. 11205. DEFINITIONS.
Section 725 of such Act (42 U.S.C. 11434a) is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) the terms `local educational agency' and `State
educational agency' have the meanings given the terms in
section 2 of the Elementary and Secondary Education Act of
1965;''.
SEC. 11206. AUTHORIZATION OF APPROPRIATIONS.
Section 726 (42 U.S.C. 11435) is amended to read as
follows:
``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subtitle, there are
authorized to be appropriated $40,000,000 for fiscal year
2001 and such sums as may be necessary for each of the 4
succeeding fiscal years.''.
SEC. 11207. CONFORMING AMENDMENTS.
(a) Grants for State and Local Activities.--Section 722 of
the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11432) is amended--
(1) in subsection (c)(1), by striking ``section 724(c)''
and inserting ``section 724(d)''; and
(2) in subsection (g)(2), by striking ``paragraphs (3)
through (9)'' and inserting ``paragraphs (3) through (8)''.
(b) Local Educational Agency Grants.--Section 723(b)(3) of
such Act (42 U.S.C. 11433(b)(3)) is amended by striking
``paragraphs (3) through (9) of section 722(g)'' and
inserting ``paragraphs (3) through (8) of section 722(g)''.
(c) Secretarial Responsibilities.--Section 724(f) of such
Act (as amended by section 11204(3)) is amended by striking
``subsection (d)'' and inserting ``subsection (e)''.
PART C--ALBERT EINSTEIN DISTINGUISHED EDUCATORS
SEC. 11301. ALBERT EINSTEIN DISTINGUISHED EDUCATOR ACT OF
1994.
Part A of title V of the Improving America's Schools Act of
1994 (42 U.S.C. 7382 et seq.) is amended to read as follows:
``PART A--ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIP ACT
``SEC. 511. SHORT TITLE.
``This part may be cited as the `Albert Einstein
Distinguished Educator Fellowship Act of 1994'.
``SEC. 512. PURPOSE; DESIGNATION.
``(a) Purpose.--The purpose of this part is to establish
within the Department of Energy a national fellowship program
for elementary and secondary school mathematics and science
teachers.
``(b) Designation.--A recipient of a fellowship under this
part shall be known as an `Albert Einstein Fellow'.
``SEC. 513. DEFINITIONS.
``As used in this part--
``(1) the term `elementary school' has the meaning provided
by section 3 of the Elementary and Secondary Education Act of
1965;
``(2) the term `local educational agency' has the meaning
provided by section 3 of the Elementary and Secondary
Education Act of 1965;
``(3) the term `secondary school' has the meaning provided
by section 3 of the Elementary and Secondary Education Act of
1965; and
``(4) the term `Secretary' means the Secretary of Energy.
``SEC. 514. FELLOWSHIP PROGRAM.
``(a) In General.--
``(1) Establishment.--The Secretary shall establish the
Albert Einstein Distinguished Educator Fellowship Program
(hereafter in this part referred to as the `Program') to
provide 12 elementary or secondary school mathematics or
science teachers with fellowships in each fiscal year in
accordance with this part.
``(2) Order of priority.--The Secretary may reduce the
number of fellowships awarded under this part for any fiscal
year in which the amount appropriated for the Program is
insufficient to support 12 fellowships. If the number of
fellowships awarded under this part is reduced for any fiscal
year, then the Secretary shall award fellowships based on the
following order of priority:
``(A) Two fellowships in the Department of Energy.
``(B) Two fellowships in the Senate.
``(C) Two fellowships in the House of Representatives.
``(D) One fellowship in each of the following entities:
``(i) The Department of Education.
``(ii) The National Institutes of Health.
``(iii) The National Science Foundation.
``(iv) The National Aeronautics and Space Administration.
``(v) The Office of Science and Technology Policy.
``(3) Terms of fellowships.--Each fellowship awarded under
this part shall be awarded for a period of 10 months that, to
the extent practicable, coincide with the academic year.
``(4) Eligibility.--To be eligible for a fellowship under
this part, an elementary or secondary school mathematics or
science teacher shall demonstrate--
``(A) that such teacher will bring unique and valuable
contributions to the Program;
``(B) that such teacher is recognized for excellence in
mathematics or science education; and
``(C)(i) a sabbatical leave from teaching will be granted
in order to participate in the Program; or
``(ii) the teacher will return to a teaching position
comparable to the position held prior to participating in the
Program.
``(b) Administration.--The Secretary shall--
``(1) provide for the development and administration of an
application and selection process for fellowships under the
Program, including a process whereby final selections of
fellowship recipients are made in accordance with subsection
(c);
``(2) provide for the publication of information on the
Program in appropriate professional publications, including
an invitation for applications from teachers listed in the
directories of national and State recognition programs;
``(3) select from the pool of applicants 12 elementary and
secondary school mathematics teachers and 12 elementary and
secondary school science teachers;
``(4) develop a program of orientation for fellowship
recipients under this part; and
``(5) not later than August 31 of each year in which
fellowships are awarded, prepare and submit an annual report
and evaluation of the Program to the appropriate Committees
of the Senate and the House of Representatives.
``(c) Selection.--
``(1) In general.--The Secretary shall arrange for the 24
semifinalists to travel to Washington, D.C., to participate
in interviews in accordance with the selection process
described in paragraph (2).
``(2) Final selection.--(A) Not later than May 1 of each
year preceding each year in which fellowships are to be
awarded, the Secretary shall select and announce the names of
the fellowship recipients.
``(B) The Secretary shall provide for the development and
administration of a process to select fellowship recipients
from the pool of semifinalists as follows:
``(i) The Secretary shall select three fellowship
recipients who shall be assigned to the Department of Energy.
[[Page S3142]]
``(ii) The Majority Leader of the Senate and the Minority
Leader of the Senate, or their designees, shall each select a
fellowship recipient who shall be assigned to the Senate.
``(iii) The Speaker of the House of Representatives and the
Minority Leader of the House of Representatives, or their
designees, shall each select a fellowship recipient who shall
be assigned to the House of Representatives.
``(iv) Each of the following individuals, or their
designees, shall select one fellowship recipient who shall be
assigned within the department, office, agency, or institute
such individual administers:
``(I) The Secretary of Education.
``(II) The Director of the National Institutes of Health.
``(III) The Director of the National Science Foundation.
``(IV) The Administrator of the National Aeronautics and
Space Administration.
``(V) The Director of the Office of Science and Technology
Policy.
``SEC. 515. FELLOWSHIP AWARDS.
``(a) Fellowship Recipient Compensation.--Each recipient of
a fellowship under this part shall be paid during the
fellowship period at a rate of pay that shall not exceed the
minimum annual rate payable for a position under GS-13 of the
General Schedule.
``(b) Local Educational Agency.--The Secretary shall seek
to ensure that no local educational agency penalizes a
teacher who elects to participate in the Program.
``SEC. 516. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for the Program
$700,000 for fiscal year 2001, and such sums as may be
necessary for each of the 4 succeeding fiscal years.''.
The PRESIDING OFFICER. The distinguished majority leader.
Mr. LOTT. Mr. President, I have asked the chairman and the ranking
member to allow me to go forward briefly as we get started on this very
important legislation. They have been gracious enough to allow me to do
so.
I first emphasize a point I think everybody understands: Elementary
and secondary education is very important in America. People all over
this country, in every State nationwide, believe education is the area
where we must concentrate; we have to show better results; we have to
have accountability; we have to have some results that show our
children are actually learning.
First, I will emphasize my personal background in this area. My
mother was a schoolteacher for 19 years. As many schoolteachers,
unfortunately, she reached a point where she needed to have more
income. She wound up going into bookkeeping and radio broadcasting. I
remember quite well her many years as a teacher in elementary schools
in my own State.
I had the opportunity, in three different positions, to work for the
University of Mississippi. I worked with placement and financial aid
programs; I worked as a recruiter; I worked with a work-study program;
and I worked with the alumni association. I know the importance of
these programs.
I have always been supportive of financial aid programs from the
Federal level so our children will have access to good work-study
programs, to grants, to loans, so every American child has an
opportunity to further their education, whether it is at a training
school, community college, or a university. We have done good work in
that area. I think we can truly tell students when they finish high
school there will be an opportunity to get additional training or
education.
In one area we are still falling behind. That is in the elementary
and secondary levels, K through 12. The statistics show that in world
competition we do quite well in higher education, but in K through 12
we are way behind international standards in reading, and particularly
in math and science. We must do more in that area. I feel strongly
about that.
I went to public schools all my life. My wife went to public schools.
Both of our children went to public schools, from the first grade all
the way through college. I want to make sure we have good, quality
education in America. We have to do something about the reports such as
the ones I have been reviewing this morning.
According to the National Assessment of Educational Programs, 77
percent of children in high-poverty urban schools are reading below
basic levels. Test scores of 12th graders in math, reading, and writing
have remained stagnant or declined over the last 30 years, and our 12th
graders scored near dead last in international comparisons.
At the same time, we have spent billions of dollars--I think this
statistic is $120 billion or more--over those past 30 years of Federal
funds, not to mention what has been spent at the local and State level.
Yet the scores are stagnant or have declined in critical areas
including math, reading, and writing. Fourth-grade students in high-
poverty schools remain two grade levels behind peers in low-poverty
schools in math. In reading, they are three or four grade levels
behind.
Contrary to original projections, the ESEA was designed to address
the achievement gap that actually is widening. There are other
unacceptable statistics if we are going to have our children in a
position to have learned enough to be able to compete in the world
economy or whether they can even be trained to be able to get a good-
paying job.
A couple of years ago, I had a request from the leaders of the
Silicon Valley high-tech companies to meet with me. They didn't specify
what the subject matter was going to be. Of course, I thought we would
talk computers, talk Internet, what do we do about taxes on the
Internet, what to do about their inability to get more workers to fill
the jobs they had available--basically, just a computer or high-tech
discussion.
Twelve of them sat around the table in my conference room. They
didn't want to talk about any other subject but education. They said:
We cannot get high school graduates who have the basics so we can train
them in this critical high-tech industry.
That applies, of course, to Silicon Valley in California and to the
high-tech jobs we have in Northern Virginia as well as all over the
country.
In my home area of Jackson, MS, we have such companies as SkyTel,
Bell South, MCI WorldCom. These companies have created a lot of jobs
and great opportunities for our young people. If they don't have the
basics to be trained to fill the jobs, the jobs will go unfilled or we
will have to go with an H-1B program to bring in people from other
countries to fill these jobs until we can improve our system of
education.
This is very important legislation. I hope we can debate it seriously
and have amendments in the education area. Let's talk education. We may
have differences, and we will have differences, about how to improve
the system, but let's have that debate, let's have votes, and let's not
get distracted by other irrelevant, extraneous matter. I believe
Americans want that. Whether it is in my State or nationwide, polls
show that American people rate their concern about the quality of
education No. 1.
This is a $15 billion reauthorization bill. Good work has been done
by the committee. I commend Chairman Jeffords, who is on the floor,
ready to proceed, and the ranking member, Senator Kennedy. They had
many amendments, many of which were voted down, and some of them were
adopted. Now we have the bill ready for action. Many Members have done
excellent work, and we will hear from a number of them later on.
I have always said that education is about learning. We need to
remember that. Some people think it is about teaching, others think it
is about freedom of expression, but in the end the question must be,
Does the child learn? Is he or she getting what they need to do better
on tests and be able to get and hold a job?
In order to learn, there are basic necessities in a schoolroom.
First, you have to have discipline. That has become a problem in
schools all across America. If kids are squirming around or if there is
disruption in class, if they are talking, if they are not behaving, if
there is not a system of discipline, there is a problem with the
children being able to learn.
It does require good teachers. There are a lot of great teachers, a
lot of teachers who should be rewarded for their good work. There are
some teachers who have deficiencies, but we should not condemn them or
complain about them. We should find a way to give them the opportunity
to get the training they need to do a better job.
In my own State, the private sector has given computers to a lot of
our schools and libraries. Many of the computers are sitting in the
back of classrooms or in halls in the crates they came in because the
teachers have not had a training program to teach the students how to
use the computers. So we need to do something about that and we are
beginning to get programs developed that specifically train the
teachers in what they need to know in
[[Page S3143]]
order to make use of these computers. That is the kind of program on
which we need to focus locally and in the private sector.
We have one individual and his wife, natives of my State, who gave
$100 million of their own personal money to, improve reading at the
fourth grade level--not as a part of a Federal program, not as a part
of a State program. In fact, they specifically said they didn't want to
be tied to some sort of match. They wanted this money, every nickel of
it, to be used for innovative efforts to train children in the fourth
grade to be able to read.
Certainly that is commendable. We need more of that sort of thing.
We need to make sure our schools are safe. It is hard for me to
believe the dangers that now go along with going to school. The
juvenile justice bill had provisions that would allow assistance in
dealing with alcohol abuse among our children, and drug programs. It
would have authorized the use of funds to put metal detectors at
schools where that might be needed.
We have to make sure our schools are safe and drug free. It is still
horrifying to me to think that is a problem in many schools, not just
at the high school level or the middle school level but even in
elementary school. What have we come to in our society that our
children in the sixth grade, fifth grade, fourth grade, are tempted or
involved in using drugs? We have to make sure we have programs that are
aimed at stopping that.
My colleague from Mississippi, Senator Cochran, has been active in
the area of trying to promote and provide assistance for drug-free
schools.
We must have accountability. It is not good enough any longer to put
more money into programs and hope for the best. We have to see the
results. There has to be a connection between the money, the teaching,
what is happening in the school, and how the children are doing. It is
just not acceptable any longer that our children are not getting what
they need in our educational system in America. So it has to be results
oriented. There has to be some way to determine if the children are
getting what they need in the third or fourth grade or in the tenth
grade. There must be a system of identifying what is being achieved in
our educational process.
There are several provisions in this particular bill on which I think
we should focus and we should make sure are included in the final
version. We should encourage our States to take full advantage of
these. One is the so-called Teacher Empowerment Act. This gives
flexibility to the States and to the local schools to use over $2
billion annually to develop high-quality professional programs to
reduce class size or to fund innovative teacher programs such as
teacher testing, merit-based teacher performance systems, or
alternative routes to certification.
In different States you have different needs. In different areas
within States you have different needs. In my own State, along the gulf
coast, what is needed perhaps is a greater reward for excellent
teachers, or more programs for the gifted and talented. In another part
of the State better reading programs might be needed. In another part
there might be a need to repair the roofs. That kind of flexibility is
needed, though, where the administrators, the teachers, the parents,
and the children can make those decisions without some
nameless, faceless bureaucrat in Washington, or Senators, saying it
must be used the way they say it should be used. Give them some modicum
of flexibility. That is what this teacher empowerment provision of the
bill would do.
We have started moving in that area. A year ago, on a bipartisan
basis, we passed the first Flexibility in Education Act. Now it has
been expanded. I think it is showing good results. I think this bill
would expand it to 15 States, and I would like that to very soon be
applicable to every State. But under the Teacher Empowerment Act,
States and school districts can choose to spend their money to increase
the number of high-quality teachers. That seems to be such a good way
to go. It is one of the provisions in this bill that I like the most.
Also, we have what is known as the Straight A's provision. This has
been developed by a number of Senators, but Senator Slade Gorton has
worked in particular on it. Under this Straight A's provision, States
or interested school districts have to establish a 5-year performance
agreement with the Secretary of Education. This gets to the results-
oriented and child-centered point I was making earlier. There has to be
some way to say we are going to give flexibility, we are going to give
additional money to use in different ways, but there have to be
results. You have to show it has an impact on the children. So I think
that is a very good part of this bill.
The child-centered funding allows interested States and schools to
use their title I dollars to establish per-pupil amounts for
supplemental services for each eligible child. After all, that gets
back to what I said at the beginning-- education is about learning. If
that is your goal, it has to be aimed at finding ways to help the
child. Maybe the traditional way we have used title I funds is not the
best way for it to be used nationwide. As I said earlier, test scores
would indicate that. In spite of all this money, the scores are
stagnant or declining in critical areas. So that is a very important
provision.
Then, public school choice. Well over 5,000 title I schools have been
identified as failing schools for over 2 years; over 1,000 for over 4
years, and over 100 for 10 years. What if a school is just not doing
the job--it is getting the local money, getting the State money, and
getting the Federal money, but it continues to fail. The child must
have some choice. That is what public school choice is all about. Why
should a child have to attend a school that doesn't meet his or her
needs and there is a better public school right down the street in the
same town? Why shouldn't parents and children be able to make that
choice?
I think the money should go with the child; that is who we are really
trying to help. It should not be aimed at the school. If a family, for
good reason, decides they want to choose a school that produces results
rather than a failing school in the public school system, clearly they
should have that choice.
So these are just a few of the critical provisions in this
legislation that I know will be discussed. There will be amendments
offered. Hopefully, we will improve this bill. I understand--in fact I
know--there is a bipartisan effort to try to come up with a bill that
will have Republican and Democrat support. I will be very interested in
developing a bipartisan bill. That is how we got the education
flexibility legislation done last year. That is how we got the
education savings account bill done this year. This is part of our
continuing effort to focus on ways to improve education. We have to do
it.
In my State that has a lot of very poor schools, we have to do more.
We have to do more locally, and our State legislature and our Governor
just signed major education legislation making a 5-year commitment to
education and to raising the salaries of our teachers to the
Southeastern regional average. That is a major commitment of funds and
a major commitment to education that has been expressed by my own
State. I know that story is being replicated in States all across the
Nation, whether it is Minnesota or Arizona, Massachusetts or Vermont,
Alabama or Maine. That is as it should be. But we cannot do it with the
status quo.
That is what many Democrats are saying: Look, we have this program.
This is the way it has been done. We have been putting billions of
dollars into it, but what we need is more billions of dollars to do the
same thing.
I do not accept that. Education is about innovation. Technology is
changing the face of the world, the face of business in America, and it
will change the face of education if we will allow it to do so. So the
status quo? Let's just go forward. The way it always has been in
education is not the way to go. We should make genuine changes. We
should give flexibility and innovation a chance in education. I believe
in education we can improve our quality, and it will show results soon.
We need it. We need it so more students will be able to get good-paying
jobs, will be able to go into the high-tech area, or manufacturing, or
the professional schools. This bill is going to be the third major step
in that direction: education flexibility last year, education savings
accounts earlier this year, and now basic, child-centered programs in
the Elementary and Secondary Education Act.
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I hope we will have a good debate. I hope we will stay focused on
education. I look forward to hearing the opening remarks of the
chairman of the committee and the ranking member.
Mr. President, I thank them for allowing me to go forward at this
time. I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. JEFFORDS. Mr. President, I thank my leader for his very eloquent
statement on the status of education and the importance of this
legislation. I am hopeful we will all work together in a bipartisan
manner to come out with legislation on which we can all agree.
Today, the Senate begins debate of S. 2, the Educational
Opportunities Act. This legislation deals with every aspect of federal
assistance to our nation's elementary and secondary schools.
There is perhaps no subject more on the minds of the American public
than education. As a nation, we have long recognized that the quality
of our future depends upon the quality of the education provided to our
children. From our very earliest days, schoolhouses were among the
first buildings to spring up in budding communities.
Federal involvement in elementary and secondary education can be
traced back to the enactment of the Northwest Ordinance of 1787, one of
the first laws passed by the Continental Congress. The Northwest
Ordinance required each township within the territory to reserve one
square mile for the establishment of public schools. Under the
Northwest Ordinance law, 77 million acres of land were set aside for
public education.
Since 1965, the Elementary and Secondary Education Act, ESEA, has
provided the foundation for Federal efforts to help children succeed in
school. Currently, we provide about $14.3 billion annually for ESEA
programs. This is a substantial investment which deserves the careful
attention of all Members.
Over half, $7.9 billion, of these funds is used on behalf of
disadvantaged children under the title I program. Congress created the
Elementary and Secondary Education Act in order to serve these
children, and they remain the primary focus of our efforts. Other
activities supported through ESEA include professional development,
literacy, safe and drug-free schools, bilingual education, impact aid,
aid to special populations, and technology.
In preparation for this legislation, the Committee on Health,
Education, Labor, and Pensions held 25 hearings on ESEA programs to
examine each aspect of the Act with a view toward keeping what works,
revising what does not, and adding what is necessary to meet emerging
needs.
In addition, I have devoted a great deal of time talking with
students, parents, teachers, principals, superintendents, school board
members, state-level school officials, and Governors. I have traveled
all over the country doing this. In particular, I have listened to
those in my home state of Vermont who work every day to make elementary
and secondary school the best it can be.
What I have heard from Vermonters and others around the country is
that schools need to be held accountable for the performance of all
their students, that education programs must show positive results, and
that quality teachers and school leaders are essential to the success
of any school. I have also been reminded that the 7-cents on the dollar
provided by the Federal government is not going to do the job
singlehandedly. To achieve these objectives, states and localities must
have sufficient flexibility to tailor solutions to meet their
individual circumstances.
The advice I received is reflected in the programs and themes
included in the Educational Opportunities Act. The primary objectives
of this bill are:
One, to maintain and strengthen the title I reform process initiated
in 1994 which emphasizes the establishment of high standards and
assessments designed to measure progress towards those standards;
Two, to promote the sustained professional development of teachers
and school leaders;
Three, to help assure that students are provided a safe and drug-free
learning environment;
Four, to place an emphasis on getting results by insisting that
activities and programs supported with federal funds are based on
theory, research, and evaluation showing them to be effective in
meeting their objectives; and
Five, to increase State and local flexibility in the use of Federal
funds in exchange for greater accountability for improving student
performance.
We would all agree that our schools must be held accountable for
ensuring the academic success of all students. Like many others, I am
disappointed that our students are not performing at the levels they
should be and that Federal efforts to serve disadvantaged students have
not shown better results.
Congress has long recognized the need to raise standards. The alarm
was raised in the Nation at Risk report issued in 1983. The admonition
was given in these terse words: If a foreign government had imposed on
us our educational system we would have declared it an act of war. In
1989, then-President Bush called together the Nation's Governors to an
education summit from which national education goals for the year 2000
were set.
In 1994, Congress substantially revised the title I program by
focusing on standards, assessment, and professional development. The
1994 legislation set out a 7-year timetable for States to develop
student content and performance standards and assessments aligned to
those standards. The idea was to determine what students should know
and be able to do and then to hold schools accountable for results by
testing students against these standards.
In addition, States and local school districts are to identify
failing schools, known as schools in need of improvement, to offer
extra assistance to those schools, and to take corrective action if the
schools fail to improve over a 2-year period. Corrective action may
include implementing a new curriculum, restructuring the school,
implementing a joint plan that addresses specific student performance
problems, reconstituting school staff, or decreasing decisionmaking
authority at the school level. If permitted under State or local law,
corrective action at the school district level may also include
reducing or withholding funds from a school or abolishing the school.
At the State level, again subject to State and local law, corrective
action may include reducing or withholding funds from a school
district, abolishing the district, removing particular schools from its
jurisdiction, or appointing a receiver or trustee.
We are now midstream in this reform process. To date, 48 States have
approved content standards, 25 States have approved performance
standards, and no States have approved assessments. Assessments are not
required under the law until the 2001-2002 school year.
The proposal approved by the committee ``stays the course'' with
respect to these fundamental reforms, while building upon them in ways
which will not sidetrack the activities well underway at the State and
local levels. The revisions made to title I are designed to demonstrate
that we are serious about holding children to high standards and
pressuring for reform of failing schools--without creating mandates
that force States and localities to start all over under a new set of
rules and reporting requirements. Recognizing the expense of these
endeavors, the measure also offers additional assistance for school
improvement and assessment activities so that schools will be able to
keep in stride with the 7-year reform schedule.
Other revisions in title I emphasize the importance of parental
involvement, including the creation of a separate part in the Title
which is exclusively devoted to this issue. Title I also contains a new
part which highlights the Comprehensive School Reform program. This
program provides support for schools to put in place schoolwide reform
programs which are backed up by research showing them to be effective.
Not just in title I, but throughout the bill, there is an emphasis on
getting results. Activities and programs supported with Federal funds
are to be based on theory, research, and evaluation showing them to be
effective in meeting their objectives, particularly as they relate to
improving student achievement and performance.
The bill also supports efforts to enhance teacher quality, which is
one of the most critical tasks facing us. Nothing will change in the
classroom until
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the teachers change. And the teachers can't be expected to change until
they have help in knowing what is expected of them.
We made a strong start in this regard during the last Congress by
completely revamping federal support for teacher preparation activities
as part of our work on the Higher Education Act. We now have the
opportunity to focus on the professional development of teachers
already in the classroom.
This legislation is designed to step away from one-time, short-term
activities and, instead, promote the sustained professional development
shown to be effective in improving teacher skills and content
knowledge.
Recognizing that the need for professional development is not limited
to teachers, the bill includes a new professional development
initiative directed toward principals and superintendents. As we all
know, a good school always has a first-rate principal, and a first-rate
school district always has an outstanding and innovative
superintendent.
Funding for professional development activities is increased by
including funds currently allocated for the class-size reduction
program. Schools will still have the ability to hire teachers with
Federal funds. If that is where their need lies, I am sure they will do
just that. What I have heard in Vermont, however, is that the biggest
need is not for more teachers--but rather for better ones. That is a
choice that I believe Vermont and the other States across the country
are in a better position to make than we are here in Congress. This
bill leaves that choice squarely in their hands.
The goal of assuring a safe and drug-free learning environment is
promoted in this legislation through a strengthening of the provisions
of title IV, Safe and Drug-Free Schools and Communities. These
improvements are the result of the bipartisan efforts of several
Members, spearheaded by Senators DeWine, Dodd, and Murray.
Modifications are made to increase accountability, to ensure that
researched-based programs are funded, to provide States with greater
flexibility in targeting violence and drug use, and to increase
community participation in prevention programs.
Finally, this legislation takes a number of significant steps to
increase flexibility in exchange for greater accountability. It does so
in the recognition that national programs which offer assistance for
specific activities are limited in their ability to capture the
diversity of individual needs in States and localities throughout the
country.
The bill substantially increases funding for the Innovative Education
Program Strategies provisions of title VI. This program is the most
flexible of all current Federal education programs, permitting local
schools to undertake the activities most likely to improve their
schools and enhance the performance of their students. These funds are
put to work where the need is greatest--be it technology or library
books or teacher training.
The bill consolidates into title VI the waiver and related
authorities now located in various titles of current law, making it
easier for States and localities to find and review their options for
making Federal dollars work more effectively for them.
Title VI also includes several new options for flexible use of
Federal funds. For example, a new rural flexibility initiative offers
small rural districts the chance to combine the small amounts they
might receive under specific categorical grant programs to amass a
chunk of funds large enough to really address a priority need.
The Elementary and Secondary Education Act authorizes formula and
competitive grants that allow many of our local school districts to
improve the education of their students. These federal grants support
efforts to promote goals such as the professional development of
teachers, the incorporation of technology into the classroom, gifted
and talented programs, and making sure our schools provide safe
learning environments for our children. Schools receive several
categorical grants supporting these programs, each with its own
authorized activities.
As valuable as these programs are for thousands of predominantly
urban and suburban school districts, they simply do not work well in
rural areas. This is because the grants are based on school district
enrollment. These individual grants confront smaller schools with a
dilemma; namely, they simply may not receive enough funding from any
single grant to carry out meaningful activities. The rural flexibility
initiative allows a district to combine the funds from four categorical
programs and use the funds to support projects that bring about
improved academic achievement.
If we are to ensure that our children have the skills and knowledge
they need to succeed in an increasingly competitive world, we must all
work together to lay a sound foundation at the elementary and secondary
school level. The Federal Government is just one among the many
partners with a responsibility to assure that we succeed. Although the
total Federal investment pales by comparison to the support offered by
State and local taxpayers, the $14 billion to $15 billion we do provide
represents a substantial sum by anyone's accounting.
Today, we have an opportunity to play a constructive role in helping
to bring about the improvements we all want to see in elementary and
secondary education. I realize there are many ideas regarding how we
might achieve this goal. My hope is that, in debating our differences,
we will not lose sight of our mutual goal of supporting a system of
education which is second to none.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. KENNEDY. Mr. President, first of all, I express appreciation to
the majority leader for calling up this legislation.
As has been mentioned by the majority leader, and now by the chairman
of the committee, Senator Jeffords, I think this is a matter of very
significant importance to families all over this country. Hopefully,
the next several days will be a good opportunity for them to develop a
better understanding and awareness as to exactly what we are trying to
do to enhance academic achievement in our public schools across the
Nation.
I pay tribute to the chairman of our committee, Senator Jeffords, who
has had, over a long period of time, a distinguished career and who has
placed the whole issue of quality education as one of his top
priorities. We have areas of differences, but I think all of us,
certainly on this side, have enormous respect for his continued
leadership on the important areas of education. So it is always a
pleasure to work with him. We have some important differences on this
particular legislation, but all of us, at the start of this debate,
acknowledge both the breadth of his understanding of this issue and his
strong commitment.
We look forward to this debate. I know today we will have general
debate and discussion. I think that is important. Hopefully, at the end
of the day, Members of the Senate will have a much clearer idea and
awareness as to the two very significant and dramatic differences of
how we want to use scarce Federal resources, the $14 billion or $15
billion. It is a lot of money, but in a budget of $1.8 trillion it is
still a rather small amount. But, nonetheless, it does represent about
7 cents out of every $1 that is spent at the local level. It is
important that we try to appropriate it as well as we possibly can.
I think we have seen times in the past where we have had some
important successes; we have also seen times in the past where we have
not. But I think as a result of those times, those failures, today we
are in a position to make recommendations to this body as to how best
we can use the scarce resources.
There are two very dramatic differences in approach, which I think we
will try to spell out in the time we have available to us this
afternoon.
First of all, I will make a brief comment with regard to the majority
leader. He does not engage himself often in the debate and discussion
of policy issues. He expresses his viewpoints, but he is not as active,
in most policy matters, as he is on education. We appreciate that. We
have areas of difference, but, nonetheless, when we do debate the
issues on education, he is engaged and involved. It is important that
his involvement in this be recognized at the outset.
I remind the Senate, however, of the two pieces of legislation he
mentioned
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in terms of the achievements of the Congress. One was the Ed-Flex
legislation we passed over a year ago. We have had three States that
have taken advantage of that particular provision--only one State until
fairly recently; two more States have come in. The most notable State
to take advantage of it was North Carolina. There have been 12 States
that have effectively taken advantage of the 1994 Act, and there hasn't
been a single State or an educational community that actually has been
turned down under Ed-Flex. I am glad we passed the legislation.
Maybe during the course of the debate, we will find out that the
principal hindrance, in terms of providing greater cooperation and the
commingling of funds at the local level, is the fact that the States
themselves have failed to match what we have done in providing Ed-Flex.
It is important to recognize that that has been the situation.
In the GAO report about what local communities want at the local
level, they name as No. 1, resources; No. 2, programs that have
demonstrated effectiveness in local communities and enhance
legislation; No. 3, additional training for administrative skills. They
don't mention the flexibility issue. We are glad that there is
flexibility, but in that report they also point out that the States
themselves are the ones that have been extremely reluctant to deal with
their own problems.
The GAO report reviewed 15 States and found only 1 State that had
really taken action in order to knock down the hindrances for that
State to be able to work most effectively with Federal funds in that
local community.
Secondly, on the savings account legislation, that piece of
legislation was bid up from $1.2 billion over 10 years to $23 billion
when it finally left the Senate floor, in a period of 3 days, without
any corresponding offsets--just $23 billion. Many of us have been
trying to get a prescription drug benefit of some measure. Certainly
that $23 billion for the senior citizens would have gone a lot further
than the $23 billion which is mostly a tax break for wealthy
individuals. The way that it is constructed, it will not guarantee a
single additional pencil for a schoolhouse in this nation. It will not
guarantee a new teacher for any classroom. It will not guarantee an
hour of afterschool programs.
What it will do is provide some generous tax breaks for very wealthy
people in order to, under the definitions, try to develop educational
programs devised by themselves to enhance the academic achievement for
either members of their family or develop a voucher program.
The Joint Tax Committee pointed out, during the course of the debate,
that half of the money that would come under the education savings
accounts would go to private schools. Half would go to public schools.
We know 90 percent of the children go to public schools. I think those
two pieces of legislation are very marginal--a generous word--in terms
of dealing with the serious problems about which parents are the most
concerned relative to the record of this Congress on education.
There is very little with which we might differ in terms of the
majority leader's desire and the statement made by my friend from
Vermont about enhancing academic achievement and accomplishment. The
real question is how that best can be done.
It is my opinion--and, I think, the opinion of many of those on this
side of the aisle--that the proposition before the Senate this
afternoon is a step back from what we have at the present time.
We know we have made some progress since 1994, when we put in place
some tough accountability standards at the local level and other kinds
of requirements in the implementation and the utilization of title I.
Now, under the proposal of the majority, they are moving back,
significantly eliminating and reducing the requirements which had been
applicable at the local level, that ensured Title I funds were used
effectively to enhance academic achievement. They have effectively
wiped those out, even though they say there is a hold harmless
provision on where the funds will go. The kinds of assurances for how
these funds can be used, and used effectively, have been wiped out. In
place, what they have done is given the prime responsibility to the
Governors. This is the major change.
With this proposal that has been advanced by Republicans, we are
saying that we are going to give the funds to the States and let the
Governors make the judgment and decision about how those funds are
going to be spent.
We hear a great deal about the importance of local control. We hear a
great deal about parental involvement. We hear a great deal about what
is important in local communities. That is great rhetoric, but what we
have to do is look at what the legislation says. That ought to be the
point of the debate.
Let us refer to the legislation. On page 618, Determination of State
Participation:
The Governor of a State, in consultation with the
individual or body responsible for the education programs of
the State under State law, shall determine whether the State
shall participate in the performance agreement.
Now let's say the State makes its judgment about what they
are going to include in their application. Look on page 632,
Uses of Funds Under Agreement:
Funds made available to a State under this part shall be
used for educational purposes, including--(1) carrying out
activities focused on improved student learning; (2)
providing new books. . . .
We can ask ourselves, why not let them do that? The answer is very
clear. We learned a lesson on why we should not do that. From 1965 to
1969, that is exactly what we did do--let the States use the funds for
any educational purpose.
Referring to the excellent report on title I of ESEA, Is It Helping
Poor Children, the Washington Research Project points out that funds
were used for purchasing tape recorders (14 tape recorders in
Milwaukee), purchasing three tubas in Alabama, purchasing football
uniforms, band uniforms for $35,000, and the list goes on--in another
State, 18 swimming pools in the summer shall be used for educational
purposes without any limitation.
So the State moves ahead. They decide what they are going to use the
funds for; it is going to be decided by the State.
What kind of a review will we have to find out what they are doing?
All we have to do is look at page 637 to find out what the States are
going to do, Performance Review:
At the end of the third year for which a performance
partnership agreement is in effect for a State, the Secretary
shall prepare a written performance review of the activities
carried out under the agreement.
Isn't that wonderful? Doesn't that really have teeth in it? After 3
years, the State is going to have a review of the activities carried
out under the agreement. Then if the Secretary determines in the
performance review that it isn't complete or it doesn't meet the
agreements, there is, on 639, the real kick-in, the real tough action.
This is what it says:
The Secretary shall prepare a second written performance
review for the State of the activities [shall be developed].
This is the legislation, Mr. President.
Finally, on page 640, it says:
Renewal Requirements.--The Secretary shall renew the
agreement for an additional 5-year term, if (1) at the end of
the 5-year term described in subsection (a), or as soon after
the term as is practical, the State submits the data required
under the agreement; and (2) the Secretary determines, on the
basis of the data, that the State that has made substantial
progress--
What is substantial progress? If they have made, according to the
Secretary of Education, substantial progress, there they go again for
another 5 years. Where is local control in here? Where is parental
involvement in here? Tell me where are we going to get the guarantee
for teachers, smaller classes, or afterschool programs in there?
They say: Well, Senator, you have to understand that States know
best. Well, there have been some notable exceptions, so let's take a
look at what the States have done on this. First of all, the reason we
have Title I is because we decided in 1965 that the needs of
disadvantaged children were not being addressed. Then we took action in
1965 with a block grant to the States. That was a disaster. So we came
back with more targeted programs, some of which have been successful,
some of which, have not. What has happened along the way? We have seen
an expansion of the title I program. We have reached out to take into
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coverage the migratory children's programs, the homeless children, the
immigrant programs. Why? Because the States failed to meet those
priorities.
In March of 1987, the Center for Law and Education sent out a
questionnaire regarding State practices of policies for homeless
children to the chief State offices in the 50 States and the District
of Columbia and received 23 responses. The majority of the respondents,
however, had no statewide data on the number of homeless children
within their jurisdiction, or whether those children were able to
obtain an education. The majority of States had no uniform plan for
ensuring that homeless students received an education.
The same was true with how States were serving the needs of migrant
children. We weren't properly addressing the needs of homeless
children, migrant children, or immigrant children, and so they became
eligible for educational services in targeted programs because they
were determined to be disadvantaged children. Are we going to continue
addressing the critical needs of these special populations under this
proposed legislation? Absolutely not. Absolutely not. This legislation
eliminates those special programs. They aren't going to continue those
programs in spite of the fact that States historically have done little
to address the needs of children in those areas. That has been true
regarding programs that would help all three of those groups.
Nonetheless, we are going to wipe those out.
In 1986, let's look at what the States were going to do in terms of
trying to intervene in failing schools. This is 1986. Listen to the
national NGA report. It was chaired by Governors Alexander, Clinton,
King, and Riley. All four Governors had solid records in terms of
education. They spearheaded the efforts for the Governors' report. They
recommended that each Governor intervene in low-performing schools and
school districts --that is what title I is all about--and to take over
or close down, academically bankrupt school districts.
Well, in 1987, nine States had the authority to take over and annex
educationally deficient schools or school districts. In 1990, here go
the Governors again. Educating America; State strategies for achieving
national education goals. The task force was co-chaired by Governors
Clinton and Campbell. Rewards, sanctions, linkages to school, academic
performance, including providing assistance and support to low-
performing schools and State takeovers--these do not improve student
achievement. In 1988, 18 States offered technical assistance or
intervention. In 1998--12 years after the Governors quit caring about
poor children as a top priority, we are about to send it all back to
them. That is what this legislation does--sends it back to them.
In 1998, NGA policy supports the State focus on schools. Reiterating
a position first taken in 1988, NGA policy says States should have the
responsibility on accountability and clear penalties for sustained
failure to improve student performance. In 1999, well, we have 19
States that have procedures for intervening. In the year 2000, 20
States provide some form of assistance to low-performing schools.
Included in there are States applying some type of schoolwide sanctions
to low-performing schools.
That is what the States have been doing in the last 12 years. Now we
are having a recommendation by the Republicans--with that as a failed
track record--let's send it all back to them.
That is absolutely crazy, Mr. President. It is absolutely crazy. We
should have learned something from the various actions of the States.
States report that school support teams are able to serve only half of
the schools in need of improvement.
Now, in 1999, here is the final report on the assessment of title I.
In this assessment, among the schools reported on in the 1998 survey
that have been identified as a need of improvement, less than half
reported that they had received additional professional development or
technical assistance as a result of being identified for improvement
from the States. I mean, this is a year ago, when the local
communities' title I were asked--the ones that have been in the most
troubled circumstances--what do the States provide, more than half of
them said they never heard from the States. That is an indication of
the States' interest.
We are turning all of this money over to the States and we naively
think they will take care of all disadvantaged children. We are giving
them a blank check, revenuesharing, a block grant when we are up
against this kind of record. The list goes on. We could go through
this, but I don't think we will be all that surprised with the results.
We went through this a short time ago--our block grant to States in
terms of tobacco funds. Many of us are trying to identify those funds
that ought to go to children, or children's health, or children's
education. We were rolled on that particular thing. Now we find out
they are laying more sidewalks in the State of California. That list
goes on. What happens? What priority do these children get in terms of
the States? They didn't get any priority when this bill was passed in
1965, and they are being shortchanged today, even with requirements
that the funds go down to the local community. This legislation is
going to effectively give it all to the States, as I mentioned. I think
that is basically and fundamentally in error. As I mentioned, what are
we trying to do?
Let me point out a couple of other items. If a State opts to
participate in the Straight A's block grant, the accountability
provisions, which, as indicated, are insignificant, apply only at the
State level. Therefore, a State could demonstrate statewide overall
progress based on progress being made by wealthier communities, while a
lack of progress in disadvantaged communities remains statistically
hidden. Do we understand that?
That means the State, in giving its progress requirement--which is a
rather amorphous kind of definition--can use statewide figures and can
also be selective with the particular school districts they are going
to include in their report. You can say that can't be so, that just
can't be so. It is so.
On pages 625 and 640, Straight A's contains general language
supporting efforts to close achievement gaps, but there is no real
requirement that the gaps are closed. The goals for student performance
are set at the State level and there is little repercussion for
failure. In addition, the proposal would free participants from current
law requiring inclusion of all students in State assessments. That is
one of the matters that is now going to be put aside.
Under the block grant proposal, ``all students'' is defined as ``all
students attending public or charter schools that are participating in
the State's assessment system.'' There are no provisions requiring
States to include all students in that assessment system. Therefore,
the States could exclude students from assessment without any
accountability for their performance.
Talk about a shell game--they have general language about what the
States have to do in order to get the next big chunk of money from
Uncle Sam.
Take a look at what the States have to do in terms of giving their
report where they can be selective about who is going to be in and who
is going to be out to try to meet that requirement effectively. It is,
as we have mentioned, an absolute blank check.
We have learned year in and year out that when you give a blank check
on education, it isn't the neediest and the poorest children who are
going to get it. That is why we have all of the various GAO studies
showing that in targeting funds, Federal funds are targeted seven times
more to poorer children than State funds expended on education. At the
Federal level, with scarce resources, we decided those are going to be
the priorities. They present an extraordinary challenge of what we can
do and what we can achieve. I think that is a very legitimate debate.
But on our side, we have attempted to say we are going to provide to
parents some guarantees in the area of education, some guarantees on
smaller class size, some guarantees on teacher training, some
guarantees on afterschool programs, some guarantees in terms of
accountability, and hopefully to try to ensure that we were going to
have safe schools and safe and drug-free schools. We are also going to
do something about meeting the challenges which so many of our students
face with buildings that are in a state of collapse, are antiquated,
and should
[[Page S3148]]
not be used for purposes of educating children. Those are guarantees.
The Senate has a choice: Are we going to, on the one hand, give the
blank check to the States, or, on the other hand, are we going to
follow the tried and tested programs that have demonstrated results for
children at the local level?
I want to mention what we have done on our side with regard to the
issue of accountability.
First of all, our framework requires States to set goals for student
performance progress on the local level and school districts to set
goals for student progress for each school.
You will hear the rhetoric about how wonderfully we are doing with
schools. Here it is. We will give the reference for the various pages.
Let me go through them.
If the school or district fails to make progress within 2 years,
districts and States must take action to assist the school or district,
and supplemental resources are provided. Research-based school
improvement strategies must be implemented.
If they are going to implement from a range of different options,
they have to have demonstrated success in the past based upon solid
research. Then they can be used in the local communities.
If the school or district continues to fail, the district or State
must impose sanctions. The governance structure of the district or
school must be changed, intensive professional development must be
provided to the school's faculty, and parents must be given the option
to send their children to the higher performing public schools.
Effectively, if they are unable to be turned around at the end of the
5-year period, they will be on probation after the 3 years. If they are
unable to do that, the school is effectively closed. The children will
have to go to another school, or the States will come in and reverse
that situation.
Quite frankly, that has worked. In the State of North Carolina, they
have 14 schools which they have had to go into and close down. Of the
14 schools they have closed, 12 of them are now above the State average
in terms of performance.
We are building on programs that have been tried and have
demonstrated success. That is the way we are approaching the
underserved schools and school districts. Our bill strengthens the
current title I accountability system, and States are required to
demonstrate progress and student achievement in each school and each
district so that no community is left behind.
Our bill requires goals for student progress, not just in the
aggregate, but also for economically disadvantaged, racial and ethnic
groups, and limited-English-proficient students. This step is necessary
to ensure that progress is made in narrowing existing achievement gaps.
States are also required to submit a report identifying students
excluded from assessments. If for some reason they are going to let
students out of these assessments, they are going to have to be
identified. This is to guarantee that the system is not being gamed.
That is what is happening. We sort of know it in some places where
they have the various tests and the kids are being taught to take a
particular test. There is a great deal of gaming going on in the
system. We have to do everything we can to make sure that is not the
case. This is to guarantee that the system is not being gamed by the
practice of discarding the scores of certain students or outright
excluding them from the assessment in order to improve the aggregate
result.
It establishes significant consequences for failure--freezes
administrative funds and requires the Secretary to withhold an
increasing proportion of Federal funds for administrative expenses each
successive year the States fails to meet the deadlines.
It requires accountability at the district and school level, not just
the State level, by requiring LEAs to undertake corrective actions to
reform specific failing schools and requiring States to undertake
corrective actions to reform failing school districts. Under these
provisions, the school district would be required to take action that
would change the governance structure of failing schools;
It establishes report cards to inform parents about the quality of
their schools and their progress in meeting student achievement goals.
Our plan also requires notification to parents when either the district
or school that their child is enrolled in is undergoing corrective
actions.
This body doesn't see the difference between what is in the
Republican proposal versus the kind of accountability we are talking
about in our proposal. There are light years in difference. If we are
going to be serious about these funds, we need to move ahead to make
sure we are going to have support for programs that will make a
difference for children.
With regard to the opening comments about accountability, I hope our
friends on the other side of the aisle are going to spare us a lot of
discussion about local control and parent involvement because it just
isn't there, it just isn't there. It might be there in the minds of
people, but it isn't there in terms of legislation. It just isn't
there. We want to put it there. We know how to put it there. If we want
to do that, that is all well and good. We welcome the opportunity. We
tried to do that in the course of the program.
I will make a brief comment about some of the challenges that remain.
We still have a long way to go. We are strongly committed to deal with
those issues. Let me mention what happened in some areas and some
communities.
In Connecticut, reading scores went up when the State had a major
investment in attracting the Nation's best and brightest teachers. That
has been recognized generally by all those in education. They have done
the most effective job in ensuring a well trained teacher in every
classroom. Experts are reaching the conclusion that is an indicator as
to how much the children have moved up. Important research has
supported that concept.
The bottom line is, with well trained teachers who are certified by
the States--which is the case in our bill, not in their bill--in every
classroom, the students' scores increase. Our legislation, that will be
introduced by Senator Daschle in the form of a substitute to the
underlying legislation, will have certification by the States within
the 5-year period.
In Boston, MA, at the Harriet Baldwin School, there is a program that
serves 283 students; 93 percent are minorities, and 80 percent are
eligible for free or reduced-price lunches. From 1996 to 1998, their
math and reading improved substantially above the national median. In
1996, 66 percent of third graders scored at math levels I and II with
little or partial mastery of basic skills; in 1998, 100 percent scored
at levels III and IV with solid performance, superior performance,
beyond grade level. In 1997, 75 percent of the fourth graders were at
level I and II and with only 25 percent at high proficiency. In 1998,
more than 50 percent were at higher levels of proficiency.
We find programs with tough accountability, good teachers, and
smaller class, we are seeing superb results.
One of the underlying differences between the bill presented by our
Republican friends and our proposal is with regard to the professional
development. That is a key element. Hopefully, we will have an
opportunity to address that issue independently as the debate goes on.
It is of special importance as we consider the underlying legislation.
Our Republican colleagues argue that the block grants provide the
needed flexibility to improve teacher quality. The Republican Teacher
Empowerment Act gives so much flexibility that States do not have to do
anything to change their current practices. They can continue hiring
uncertified teachers and continue providing low-quality, ineffective
professional development and mentoring. They can use most of the funds
for a large variety of purposes that dilute the focus and attention on
improving the recruitment and mentoring and professional development of
teachers.
Why is this so? The proposed Teacher Empowerment Act does not
guarantee any substantial funds for professional development. Page 210
says, for professional development activities:
Each local educational agency that receives a subgrant to
carry out the subpart shall use a portion of the funds made
available through the subgrant for professional development.
. . .
They qualify with ``use a portion'' of the funds. We don't know what
that
[[Page S3149]]
``portion'' of the funds is. It does not guarantee funds for mentoring
programs, one of the most effective teacher professional development
activities. Studies show, without mentoring programs, half of all the
new teachers in urban and poor areas drop out within the first 5 years.
Put in effective mentoring programs, and 70 to 75 percent of the
teachers are staying in the schools, according to studies.
Regarding mentoring, programs that provide mentoring to newly hired
teachers, such as mentoring for master teachers, are merely allowed.
Mentoring is only ``allowed,'' not required, even though virtually all
of the major studies show that mentoring programs work.
It does not guarantee funds for recruitment programs, it just allows
the use of the funds. It does not guarantee that teachers are trained
to address the needs of children with disabilities. Our bill guarantees
that teachers are trained to meet the needs of children with
disabilities and limited English proficient children.
It does not hold States accountable for having a qualified teacher in
every classroom. It does not even require teachers to be certified.
Imagine that. I was listening to the majority leader talk about the
importance of having good teachers in every classroom. Their proposal
does not even require that teachers be certified in Mississippi.
It also does not require a substantial priority for math and science
training. No one can look at the challenges that underserved children
are facing in our schools in urban and rural areas and not understand
that in math and science there are special needs. Talk to any educator
who has dealt with the problems of urban education, and they will say
you need someone who will be teaching math and science. We provide an
allocation for the math and science teachers, giving them the first
priority. They don't require any substantial priority for math and
science training.
Their proposal does not require accountability. Instead, it promotes
ineffective activities through the TOPS Program that are contrary to
promising practices by supporting individually selected strategies for
teachers. That means if you are a teacher in Chicopee and decide you
would find a program you think is pretty good for elsewhere in
Massachusetts, be my guest, you can take it. It gives them all the
flexibility on this to be able to go out there and take it, instead of
using what has been the recognized way of enhancing academic
achievement and professional development; that is, having it school-
related, tied to the curriculum, working with teachers, working with
students. That is what all the studies, teachers, and scholars alike
have said.
Not under the Republican program; it is business as usual. They have
used the programs in various communities around the country. I hope
those who are trying to defend the Republican program will be able to
demonstrate how and where their effectiveness has been. It hasn't been
there. It is not there. But they have accepted that. That, I think,
really fails to meet the basic thrust of the importance of a qualified
teacher.
There are others who want to speak, but let me just spend a few
minutes on what we have done on teachers. In our particular program
with regard to recruitment and professional development, to help
schools and districts States can keep up to 6 percent for State
activities, including strategies to raise teacher salaries, improve
alternate routes to State certification, and reduce the numbers of
teachers placed out of field or who are emergency credentialed. It
requires the first $300 million will be used for professional
development, mentoring, and recruitment in math and science, and it
requires 60 percent of State funds be used for high-quality
professional development and mentoring activities. That is funds that
would go by formula to districts on the basis of 80-percent poverty and
20-percent population.
It guarantees that 30 percent of the State funds go for State-run
competitive local recruitment programs to high-need districts and to
recruit and train high-need candidates. It guarantees teachers are
trained to address the needs of children with disabilities, female
students, and other students with special needs and bilingual programs.
It holds States accountable for having a qualified teacher within 4
years of enactment of the law, otherwise their funds halt in this
program. They are accountable for having a qualified teacher in every
classroom within 4 years of enactment of the law. It holds local
districts accountable for results. They may not hire any teachers who
are not qualified using title II funds.
If we needed something to say we need to give a high priority to
well-trained teachers, all we have to do is just look at the Wall
Street Journal of about a month ago. It is dated February 29, ``Schools
To Turn To Temp Agency For Substitute Teachers.''
Most school districts begin every day with a nerve-wracking
hunt for substitutes to fill in for absent teachers. With the
tight labor market making the task especially tough, a few
are starting to outsource the job. Kelly Temp Services
unveiled the first nationwide substitute teacher program, and
now handles screening and schedules for 120 schools in 10
States.
This is a national indictment of our failure to deal with the
problems of development of qualified teachers for our schools. We have,
I think, an effective program which really reflects the judgment on the
major professional development programs. I will just mention what the
various studies say they need to do. They say high-quality professional
development must be connected with teachers' work with their students,
linked to concrete tasks of teaching, organized around problem solving,
be informed by research, and sustained over time by ongoing
conversations and coaching.
There is a series of recommendations which we have worked on with
regard to mentoring as well as the other aspects of it.
Let me just conclude with these observations. On the one hand, you
have what we are attempting to do, and what we will attempt to do with
our substitute amendment, which is to guarantee to parents tough,
strong, effective, tried-and-tested programs that are going to result
in enhanced academic achievement and accomplishment. There is a
significant break with the past with our very tough-minded
accountability standards. We owe a great deal to Senator Bingaman and
others who have done yeoman work in that area of accountability, and
have for a long period of time going back to the Governors' meetings.
We have that.
On the other hand, we have the contributions, a blank check to the
States. It is a blank check to the States for them to effectively use
that money in a State program, virtually free from the requirements
that are going to result in, first, the funding getting to where the
needs are, and, second, the effective and tough-minded programs that
can make a difference to those children in the underserved areas.
``It isn't there.'' You will hear the conversations, you will hear
the speeches, you will hear the words, but ``it isn't there.'' You
can't show it. We will take every section of the bill and go through
it--I have--and show it does not give the accountability that is
required. It fails the parents in this country, giving assurance to
them for these programs.
I have not even gotten into the question of portability, the whole
sense of block grants. What has happened historically when we have gone
back to block granting is, on each and every occasion that we have
block granted, we have found out those funds have been dramatically
reduced over a period of years. We can go back into that. I will at
another time. But just take that because the fact is the focus and
purpose for which those funds are developed becomes blurred. That has
been the record. That is what we are going to see with regard to the
Federal participation, partnership. It ought to be a partnership with
the State and local communities.
There are many in this body who do not think we ought to be in there
at all. I understand that and respect it. It was not that long ago when
they were advocating the elimination of the Department of Education.
That was the Republican position. I understand it. I believe every one
of us on our side believes when the President meets with his Cabinet
there ought to be someone in there talking about education, education,
education. That has been their position.
Second, they have tried to cut back funding on education over the
period
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since 1994. I understand that. They don't want Federal involvement.
This must be the new way. Now we are getting vouchers, block grants,
and give it to the States and let them make the judgment without tough-
minded accountability.
It is the wrong way to go. We should know better. I hope in this
debate we will have the opportunity to demonstrate it further.
I yield the floor.
The PRESIDING OFFICER (Mr. Thomas). The Senator from Vermont.
Mr. JEFFORDS. Mr. President, I appreciate the words of my good friend
from Massachusetts, but I want to assure the American people that the
majority of his criticisms are directed not toward the main body of the
bill but toward a demonstration project contained within the bill. I
think we have agreement on a great deal of the underlying bill.
I would like to point out, for instance, that the bill contains a
bipartisan proposal put forward by the Governors. Our heavily relying
on the States is only appropriate, and it is the way to go. The
Governors and the States are primarily responsible for education in
this country.
I also point out that this bill does not abandon the needs of
homeless children and immigrants and other disadvantaged students. They
are maintained about the same as they are now.
There are some important differences, there is no question about it,
with respect to parts of the bill. But the major of the criticisms
offered by my colleague from Massachusetts were aimed at a
demonstration project that might be used by 15 States. I think there is
agreement on so much of this bill, I hate to see the debate entirely
focused on those areas that were mentioned.
I note the majority has consumed about 15 minutes, and the minority
has consumed more than an hour. I have three of my people waiting who
have been here for pretty much that time. I will recognize those three
and then we will return to alternating.
Mr. KENNEDY. If the Senator will yield, I hope the majority leader's
eloquent and compelling support for your side would be included.
Mr. JEFFORDS. That is in a special place.
Mr. KENNEDY. I see; a special place. OK. Senator Dodd and Senator
Bingaman were going to speak, so the next 45 minutes will be fine.
Mr. JEFFORDS. We will listen to the three here.
Senator Collins has been a leader in an effort to increase
flexibility, particularly for our rural schools. I will yield her. I
have a feeling she probably has something interesting to say and look
forward to hearing her statement.
The PRESIDING OFFICER. The Senator from Maine.
Ms. COLLINS. Mr. President, I thank the chairman of the committee,
the Senator from Vermont, for his leadership in bringing this important
legislation to the Senate floor. It is evident from the debate we have
already heard that we are going to have, this week, a very vigorous and
productive debate on the best way for the Federal Government to improve
America's public schools, to improve teaching and learning. I look
forward to the adoption of this legislation which will strengthen our
K-12 education.
No endeavor is more important to our Nation's future than ensuring
that all children reach high standards. That is exactly what the
legislation before us demands.
The Educational Opportunities Act will put children first. That
should be our goal as we consider this important legislation. We should
put children first so that no child is left behind.
I recently had a schoolteacher in eastern Maine give me a pin that I
am wearing today that says, ``Children First.'' If we keep that in
mind, if that is our goal throughout this debate, then I am confident
we will pass this legislation which will make a difference in the
public schools of America and to the future of our children.
During the past 3 years, I have visited dozens of schools all over
the State of Maine, from Kittery at the southern tip, to Jackman in the
west, Rockland on the coast, and St. Agatha in the north. In fact, just
last Friday, I visited two excellent schools in Kittery, ME, the
Frisbee Elementary School and the Shapleigh Middle School, where I
talked with students and they asked me wonderful questions for over an
hour. It was a wonderful visit to these two schools.
I have seen firsthand the excellent jobs that Maine teachers and
administrators are doing in educating our children. The quality of
instruction taking place in Maine schools is, indeed, impressive, and
it is producing results. Maine's scores on national tests and its rate
of high school graduation proves that our State's public schools are
among the best in the Nation. Moreover, Maine's public schools provide
a good education for all of our children regardless of their family
income or where they live in our State.
The recent report issued by the Council of Chief State School
Officers shows that low-income students are performing nearly as well
as the average of all Maine public school students, and that, of
course, is our goal.
An important factor in Maine's success has been its ability to obtain
waivers from Federal regulations. Let me repeat that. One reason that
Maine schools have been successful is they have been able to get
waivers from Federal regulations. Federal regulations in some areas
have been an obstacle to their success. It is only because Maine's
commissioner of education has been vigilant in trying to get waivers
from Federal regulations that he has been able to move forward on a
number of fronts to improve Maine's schools.
The most recent of the waivers that the State received gave Maine's
schools more flexibility to use class-size reduction funds for teacher
professional development. This is an option that the bill before us, S.
2, would give to all States.
Recently, I had a phone call from the chairman of a school board in a
small community in Washington County. She conveyed the appreciation of
that school district for the flexibility to use Federal class-size
monies for teacher professional development. She put it well. She said:
We don't need to reduce class size; what we need is funds for
professional development.
Indeed, this school system is so small that it only received about
$6,000 under the Class Size Reduction Program, not enough to hire a
teacher, but they were able to put that money to good use by investing
in professional development, a high need in that particular school
system.
On a larger scale, Maine sought and was granted a waiver from Federal
regulations to allow it to use a grant from the Comprehensive School
Reform Demonstration Program to support the State's major reform
initiative focusing on improving high schools.
That was to implement this excellent report that the State produced
through its Commission on Secondary Education. It is called ``Promising
Futures: A Call for Improving Learning for Maine's Secondary Schools.''
Although Maine has almost eliminated the performance gap between
disadvantaged and advantaged students in the elementary schools, the
Federal regulations require the State of Maine to use these funds only
in the lower grades.
Fortunately, Maine was able to receive permission to move ahead on
carrying out the recommendations put forth in this report by the Maine
Commission on Secondary Education and to go forward with comprehensive
reform in title I-eligible high schools.
Why should the State of Maine have to go to Washington and get
special permission to pursue these critical reforms? That does not make
sense. It is the people in Maine who know best what their schools need.
The people in Maine, working hard on this commission, decided there
needed to be more focus on improving Maine's high schools, and yet
Federal regulations were an impediment to achieving that goal.
We have what I think of as a ``Mother, may I?'' approach to Federal
regulation of our schools. Our States have to beg for permission to
move forward. They have to seek waivers of regulations in order to
pursue worthwhile programs.
The Educational Opportunities Act will give the States this option
without the time-consuming and costly administrative burden of seeking
waivers from all these Federal regulations. These Federal regulations
are well meaning, they are well-intentioned, but too often they act as
an impediment to reform.
Unfortunately, the performance in many other States' schools lags
behind
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Maine's with large gaps between the performance of children in high-
poverty areas versus low-poverty schools. Our goal as a nation, and the
intent of the Educational Opportunities Act, is to help every public
school succeed so that every student has the opportunity to achieve his
or her full potential.
In many cases, education is the difference between prosperity and
poverty, hope and despair, dreams fulfilled and lost opportunities.
Fueled by the remarkable success of the dot-com generation, many areas
of the United States have experienced unparalleled economic growth.
However, between Silicon Valley and Wall Street, many Americans still
live in the shadows of the new prosperity. Education is the best,
perhaps the only way, to close the ever-widening economic gap in
America. Indeed, the economic gap in America is largely an education
gap. Moreover, education is the best way for us to stoke the fire of
our Nation's economic engine.
The question before us as we debate the reauthorization of the
Elementary and Secondary Education Act is: What is the proper role of
the Federal Government in promoting excellence in every public school
and helping every student succeed? We can all agree that our public
schools must do a better job in teaching our children and that the
Federal Government must also do a better job in supporting our public
schools. The question is: How can we best accomplish that goal?
Seventeen years ago, the landmark study, ``A Nation at Risk,'' warned
of declining performance in American schools and turned the Nation's
eyes toward reforming public education. Today, however, too many
schools, particularly in our inner cities, continue to fail to provide
a solid education to their students. Although the United States spends
more than $660 billion a year on education, nearly 60 percent of our
low-income fourth graders cannot read at a basic level. Clearly,
reforms are necessary to ensure that every child learns and achieves
his or her full potential.
Recent polls show that the American public thinks our public schools
are in a state of crisis. More than two-thirds of the people surveyed
said in a recent poll that they are dissatisfied with the way public
education is working, and nearly 50 percent gave our schools only a
grade of C.
On the bright side, Americans are committed to fixing our public
schools and eliminating mediocrity. Nearly every person surveyed said
that improving our public schools should be a top priority.
The Federal Government clearly takes a back seat to States and
communities in terms of funding and overseeing our public schools, and
that is how it should be. The Federal role is, nevertheless, important,
particularly for helping disadvantaged students. Unfortunately,
Washington has not always been helpful, nor has it been successful in
achieving that goal.
The Elementary and Secondary Education Act, first enacted in 1965 as
part of President Lyndon Johnson's war on poverty, is the cornerstone
of the Federal involvement in K-12 education. It is intended to provide
financial assistance to States and school districts to improve
education for children from disadvantaged families.
Today, title I remains the largest Federal program, funded at nearly
$8 billion annually. But, after 35 years, and $120 billion spent, the
results remain a disappointment.
The statistics are troubling and should give us pause:
Only 13 percent of low-income fourth graders score at or above the
proficient level on national reading tests;
Two out of three African American and Hispanic fourth graders can
barely read;
Half of the students from urban school districts fail to graduate on
time; and
In math, fourth graders in high-poverty schools remain two grade
levels behind their peers in low-poverty schools; in reading, they are
three grade levels below their peers in schools in better
neighborhoods.
We can no longer pretend that Federal programs have succeeded. We
need a new approach. As these sobering statistics highlight, little
progress has been made toward achieving the ESEA's fundamental goal of
narrowing the achievement gap between low-income and higher-income
students. We know that the gap can be narrowed. We have largely
accomplished that goal up to eighth grade in the State of Maine. But,
clearly, we are not doing all we can to assist States and communities
in reaching this goal. Clearly, the approach we have taken during the
past 35 years simply has not worked.
The Educational Opportunities Act gives the Senate the potential to
do for education what it did for welfare a few years ago: end years of
inflexible rules, provide new incentives, and focus Federal dollars on
results.
Under the current system, Washington requires schools to spend an
inordinate amount of time filling out forms and complying with
bureaucratic mandates. As a result, our public schools spend more than
48 million hours each year on Federal paperwork. That is 48 million
hours that could be spent on students; instead, it is spent on Federal
paperwork.
The bill before us today will increase the authorization for Federal
education funding without adding burdensome restrictions. It will
create an environment focused on increased achievement, on results, on
student learning, not on more bureaucracy and paperwork, and it will
improve our public schools, not abandon them.
The Health, Education, Labor, and Pensions Committee held many hours
of hearings on how to improve the effectiveness of the ESEA. The
majority of the committee concluded that individual States, local
school boards, teachers, and parents are far better prepared than
Washington to make decisions about what their students need. So the
committee decided to give States more options.
This legislation allows States to choose among three options for how
to receive Federal funds. First, a State could decide to continue under
the traditional ESEA approach of receiving formula grants for specific
Federal programs for specific purposes as well as applying for
competitive grants. In other words, if a State is content with the
status quo, its schools can continue along that path. No one is forced
to adopt a different approach.
The second option is for States to apply to the Secretary of
Education to enter into a performance partnership. This approach gives
States somewhat more flexibility in the use of Federal education
dollars in return for an agreement to achieve specific results, in
other words, in return for an agreement to show true improvement in
student learning.
Under the third and what I believe to be the most promising and
innovative approach, a State could apply, under the Straight A's
Program, to be one of 15 States that will be given even more
flexibility in spending Federal funds in return for strict
accountability focused on student achievement. That is one of the major
philosophical differences we are seeing in this debate. Our bill says
that what is important is what students are learning. Showing
achievement gains should be the bottom line.
Unfortunately, too many on the other side of the aisle are wedded to
the old approach which says what is important is having Federal strings
attached to every dollar and making sure the paperwork is filled out
correctly.
The premise underlying the performance partnership and the Straight
A's approach is similar. Instead of imposing a one-size-fits-all
Federal mandate, the Federal Government would recognize that one
community may need more math teachers while another may need to
concentrate on improving reading programs, and that still a third may
need to upgrade the science labs. The point is, it should be your
community's decision, not Washington's.
The Educational Opportunities Act frees States from Federal control
and redtape but only in exchange for increased student performance,
increased student achievement gains.
Another important title of S. 2 includes the Teacher Empowerment Act.
Other than involved parents, a well-qualified and dedicated teacher is
the single most important prerequisite for student success.
The lessons are clear. We must encourage talented people to choose
teaching as a career and keep them in the classroom. The Teacher
Empowerment Act authorizes $2 billion for State and local efforts to
improve the quality of teaching. It gives States and communities the
freedom to use Federal dollars to provide effective professional
development for our teachers; to
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prepare, recruit, and retain well-qualified teachers; or to reduce
class size--whatever the priority is in that community.
Some States are also exploring alternatives to traditional teacher
certification. I find it ironic that in public high schools in most
States Alan Greenspan could not teach a class on economics, and our
distinguished scholarly colleague, Senator Moynihan, could not teach a
class on American Government.
I am not saying that subject matter expertise alone qualifies someone
to teach, but surely we should give incentives to States to be more
creative in pursuing alternate routes to certification. Our legislation
would do just that.
I am particularly pleased that the bipartisan legislation that I
introduced to help our Nation's rural schools has been included in this
bill. I see my colleague, Senator Hutchinson from Arkansas, is on the
floor. He is one of the cosponsors of this legislation.
Although my commitment extends to every student in every school--
whether rural, suburban, or urban--I have a particular concern for the
challenges that are unique to small school districts, especially those
in rural areas.
Smaller rural schools face at least two problems under the current
Federal system. First, they often receive very small amounts to carry
out federally mandated activities.
One Maine school district in Frenchboro, ME, received a whopping $28
to fund a district-wide Safe and Drug Free School program--clearly, not
enough to accomplish the goal of that Federal law.
Another school district in northern Aroostook County with 400
students receives four separate Federal grants, ranging from $1,900 to
$9,500. Not one of these grants is sufficient to implement the goals of
the Federal program, and each small amount comes with its own
paperwork, redtape, and strings attached.
The second problem is that small school districts are essentially
shut out of the competitive grant program. They lack the grant writers
and other resources necessary to apply for and manage Federal grants
that larger school districts are able to seek.
My legislation addresses both problems by allowing small school
districts to consolidate the Federal funds for local priorities and to
receive supplemental funds in lieu of applying for competitive grants.
These small rural districts could then use these funds to hire a new
math or reading teacher, fund professional development, offer a program
for gifted and talented students, purchase computers, or pay for any
other activity that meets the community's priorities and needs. I thank
the chairman of the committee for including my rural education
initiative as part of his chairman's mark.
Education is more important now than ever before. A strong K through
12 education prepares students for the postsecondary education they
will need to adapt to an increasingly dynamic marketplace and to have
choices and opportunities throughout their lives. As Plato said
centuries ago: The direction in which education starts a man will
determine his future life.
I look forward to continuing the debate on the Educational
Opportunities Act and to assuring that America's public education
system starts all children, from all backgrounds, regions, and income
levels, toward a lifetime of learning, contributing to society, and
achieving their dreams.
I yield the floor.
Mr. JEFFORDS. Mr. President, I yield to the Senator from Arkansas
such time as he may consume, hoping he will keep it at about 15
minutes.
The PRESIDING OFFICER (Ms. Collins). The Senator from Arkansas.
Mr. HUTCHINSON. I thank the chairman for yielding me this time, and I
thank him for his leadership on this bill we bring to the Senate floor
today. I thank Senator Collins for her outstanding remarks, as well as
her leadership, particularly in the area of our rural schools. She has
done a great job. I also am pleased that that is included in the
chairman's mark. I look forward to the debate in which we engage today
and throughout this week and perhaps next week as well.
I see Senator Coverdell from Georgia, who has led the way on
education savings accounts, and Senator Frist from Tennessee, who was
on the floor a moment ago, who led on education flexibility. We have a
number of members of the committee who have worked hard, including
Senator Sessions from Alabama, who has been very engaged and involved
in this, and Senator Gorton from Washington, who has been very involved
as well and is not a committee member.
This is the most important debate we will have in this session of the
Congress. The debate on education and the Educational Opportunities Act
is the most critical debate we could possibly have.
I sat here during the remarks of Senator Kennedy. I respect him
immensely; I regard him as a friend. Never could the philosophical
chasm that exists between the Democratic approach and our Republican
approach on education have been made more clear than during the
statement of Senator Kennedy. While I wish I could take longer to
refute some of the things he said, there was one particular comment to
which I took greatest exception. That was his statement that
Republicans want to cut funding for education. That simply is not
accurate.
As all who watched the budget process last year are well aware, we
increased education spending above what the President had requested and
what he had recommended in his budget. This year, in this legislation,
we once again increase spending on education. The statement that
Republicans want to cut spending for education is simply inaccurate.
Senator Kennedy is off base in making that allegation. Every school
district in Arkansas will see an increase in the Federal contribution
to their budgets as a result of the Educational Opportunities Act.
There was another statement of which I took note. I wrote it down as
Senator Kennedy was speaking. He said twice: We need to stick with the
tried and the tested. At one point he said: We need to stay with the
tried and the demonstrated successful programs. Another time he said:
We have an effective program.
I will debate on that ground all week long. I do not want to be the
Senator standing on the floor of this Chamber defending the status quo
and arguing that it is tried and tested. It was tried and it has
failed.
We don't have to look very far to realize that. In yesterday's
Washington Post, in the Metro section, just the headline tells the
story: Test Shows Students Can't Do The Math; 64 Percent Fail Final
Exam After Montgomery Standardizes Grades. As we read the small print
in the story, it becomes even sadder.
The whole purpose of the Federal role under title I was to lower the
disparity in scores between the disadvantaged and the advantaged, to
narrow the gap. What this story tells us is that while 64 percent of
all students failed--almost two-thirds--80 percent of African American
and Latino students flunked the test while only about 50 percent of
whites failed the test.
That is one of the great tragedies. That is the great failure of our
existing status quo approach to title I and trying to fund education
for the disadvantaged and trying to narrow the gap between those who
are advantaged and those who are disadvantaged. I will repeat this over
and over again this week. Stick with the tried and the tested. That is
what Senator Kennedy said: Stick with the tried and the tested. That is
what the Democratic side offers. That is what they offer this Chamber.
That is what they offer this country: Just stick with the status quo.
That is why we will win this debate this week and before the country,
because we know the children of America deserve better. The tried and
the tested has not been good enough. To use an old phrase from
Scripture: It has been weighed in the balances, and it has been found
wanting.
During the 34 years of the Elementary and Secondary Education Act,
Congress has increased funding dramatically. We have created programs
exponentially, and we have added bureaucracy layer upon layer. As
Senator Collins pointed out, 15 years ago the alarming report, ``A
Nation At Risk,'' recorded that the state of education in the United
States not only jeopardized a generation of young Americans but posed a
real threat to the future of our Nation.
[[Page S3153]]
Since that time, many States have embraced standards and
accountability; 26 have instituted exit exams for high school. With
these reforms, slight increases in student performance have occurred.
But by virtually every measure, we remain a nation at risk.
Unfortunately, while many States are responding to the crisis with
bold, creative reforms, the approach of the Federal Government has
remained unchanged. Each succeeding reauthorization of ESEA has
resulted in preserving the top-down bureaucratic model of education.
This is the first time we as Republicans have been in control of the
majority, at least in the House and the Senate, the first time we have
had an opportunity to leave our imprint upon ESEA.
It should not be surprising, as we look at the history of this
program, that the American Legislative Exchange Council, when they
issued their bipartisan report on education 2 weeks ago--the American
Legislative Exchange Council is the Nation's largest bipartisan
association of State legislators; they released their report card on
American education about 2 weeks ago--concluded the current path is not
good enough.
Senator Kennedy may say let's stick with the tried and true, but the
American Legislative Exchange Council, as most Americans, has concluded
the current path is not good enough.
We heard the same dire, fearful predictions when we tried to do
welfare reform a few years ago, the same predictions exactly: The sky
is falling. You can't trust the States. We heard the same kind of
fearful, dire predictions when States began experimenting with charter
schools, that it was going to destroy public education. Yet today, with
thousands of charter schools throughout the country, no one would dare
make that claim.
Where has the current prescriptive regulatory approach led us? In
student performance, America's 12th graders rank 19 out of 21
industrialized countries in math achievement and 16 out of 21 countries
in science. Where has the current prescriptive regulatory approach led
us since 1983? Ten million young Americans have reached the 12th grade
without having learned to read at a basic level; 20 million seniors
could not do basic math; 25 million are ignorant of the essentials of
U.S. history.
In the fourth grade, over three-quarters of children in urban, high-
poverty schools are reading below basic on the NAEP test--the National
Assessment of Education Progress. Where has it gotten us? Throughout
the United States, per pupil expenditures have increased by more than
23 percent over the past 20 years, the past two decades, after
adjusting for inflation. Yet two-thirds of American eighth graders are
still performing below the proficiency level in reading. I suggest that
reauthorizing a status quo ESEA should not be an option. America's
children deserve better.
Not only does American education fail in regard to the most essential
criterion, student achievement, but it also fails in its allocation of
resources. For example, in Florida it takes six times as many people to
administer a Federal education dollar as a State dollar. That is
amazing. In Florida, they have 297 State employees administering $1
billion in Federal funds. They have 374 employees overseeing $7 billion
in State funds. It takes six times as many people to administer a
Federal education dollar as a State dollar. Unfortunately, Florida is
not an exception; it is all too typical.
The result from this bureaucratic model of education is that we fund
systems; we fund bureaucracies; we fund enormous overhead. In 1994,
fewer than 50 percent of the personnel employed by U.S. public schools
were teachers. Something is wrong with that picture. Senator Kennedy
may say that it is tried and it is tested, but when more than 50
percent of our education personnel are not even in the classroom, I say
it is tried, tested, and it has failed.
The Educational Opportunities Act pioneers a new direction for the
Federal Government's role in education. When only 38 percent of U.S.
public school teachers majored in an academic subject in college and
only one in five teachers feels well prepared to teach to high academic
standards, my colleagues, I say we need a new approach to professional
development and teacher empowerment. The Educational Opportunities Act
gives us that new approach.
The New York Times ran a headline in its January 18, 1999, edition.
It read: ``Clinton to Urge More U.S. Control on Aid to Schools.''
Colleagues, more control is not what is needed. Better student
performance--better results--is what is needed.
The Educational Opportunities Act includes four initiatives that
promote student achievement. These provisions focus on students rather
than school systems. They require results and student performance, help
develop teachers of excellence, and promote choice and flexibility.
These four initiatives are: Straight A's, Teacher Empowerment Act,
child-centered funding, and public school choice.
The Straight A's provision is the heartbeat of this bill. In short,
it allows up to 15 States to execute a 5-year performance agreement
with the Secretary. States then have the option to consolidate any of
their formula grant programs, including the huge title I program, and
merge those funds with State and local dollars.
The 15-State demonstration project would allow States to use Federal
dollars for any educational purpose permitted under State law. In
return for this broad new flexibility, participating States will be
held accountable for improving student performance and narrowing the
gap between advantaged and disadvantaged students. States will be
rewarded with bonus funds for successfully reducing this achievement
gap. By the way, no State is required to leave the current funding
system; but the 15 lucky States--the 15 wise States--accepted into the
demonstration program may consolidate funding from any or all of 12
different ESEA programs.
The idea is to let States mingle the dollars from these several
programs and spend the money on whatever their students need most--new
tests, tutors, reading programs, bricks and mortar, computers, whatever
is deemed most needed. States that prefer to keep their Federal dollars
in redtape-wrapped categorical packages may, of course, be free to do
so.
Straight A's will work because it is based on a solid premise:
Accountability plus freedom equals academic achievement. Instead of
filling out form Y to get grant X, Straight A's would only require that
States boost academic performance and narrow the learning gap.
After 34 years and $118 billion, with no reduction in the achievement
gap between advantaged and disadvantaged students, it is time to say:
Enough.
Kentucky Democratic Governor Paul Patton expressed the Straight A's
concept well when he told the L.A. Times recently: ``We need the
Federal Government as a limited partner and us as the general
partner.''
Straight A's respects the tenth amendment and allows Uncle Sam to put
fuel in the gas tank while leaving the States in the driver's seat.
Straight A's will reduce overhead and transaction costs for dozens of
separate fussy programs enabling more resources to go to direct
services to students.
The old Federal approach to education has failed. It is time to give
the States the opportunity to act as charter schools and option out of
burdensome Federal regulations in return for unprecedented levels of
accountability for student achievement.
Under the current model, accountability means this: Did you fill the
forms out correctly? Did you cross your ``t's'' and dot your ``i's''?
Under the Educational Opportunities Act model, accountability relates
only to student performance.
The theory of Straight A's was clearly articulated by Democratic
California Governor Gray Davis on the ``Meet the Press'' program in
February. He said, ``So if you say to the States, `we will hold you
accountable. You just improve student performance and we will give you
the money,' that will give all the Governors the flexibility to get the
job done.''
While there has long been lipservice to goals, standards and
accountability associated with Federal programs, the reality has been
that the question we focused on was: Are you spending the money in the
prescribed way? Under the new approach, the question is, and must be,
Are the kids learning? If academic achievement rises, particularly
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for low-income children, why should Washington care whether the dollars
that produced the desirable result were spent on smaller classes or
larger classes, on computers or textbooks, on tutoring programs or
staff development? The important thing is that those children are
making academic progress. The gap is narrowing.
Under Straight A's, Washington assumes the role of shareholder, not
CEO of the Nation's education enterprise.
I have talked about--and I will talk about it later this week--the
example of one of the school districts I visited in Arkansas which has
about a 95-percent minority population. As I toured the school, the sad
thing was the building was dilapidated, with paint peeling off of the
walls. I will show pictures later this week. The ceiling was collapsing
and it had big waterstains where it flooded. I thought, these poor
children have to be educated in such an environment. Then I walked into
a room which was full of state-of-the-art Nautilus equipment--
treadmills and all kinds of gymnastic equipment. I said to the
principal: Sir, how did you get the money to do this? He mentioned a
particular grant program. I have since investigated, and they received
$239,000 to buy treadmills and Nautilus equipment. That may be nice for
the community, but the principal told me he would like to have
improved, renovated, and made that school building into an atmosphere
in which the children could better learn.
Under our bill, they will have the flexibility to take Federal
dollars and use them where they--and they alone--know it is most needed
and not what Washington says in some prescribed formula grant where the
money has to be spent.
The second important provision in this bill is the Teacher
Empowerment Act. This initiative is included in title II and provides
maximum flexibility to States and to local education authorities to
develop high-quality professional development programs by consolidating
funds from the Eisenhower Teacher Professional Development Program and
the Class Size Reduction Program. As a result, the bill provides more
than $2 billion annually over 5 years by consolidating these two
programs into one flexible funding stream.
Under the Teacher Empowerment Act, States and local governments would
be encouraged to fund innovative programs to promote teacher testing,
tenure reform, merit-based teacher performance systems, alternative
routes to teacher certification, of which Senator Collins was speaking,
and differential and bonus pay for teachers in high-need subject areas,
teacher mentoring and in-service teacher academies.
Local school districts could use this money to hire new teachers to
reduce class size or hire special education teachers. They would have
the option of issuing teacher opportunity payments directly to teachers
to use toward a high-quality professional development program of their
own choice. If a local school district fails to improve teacher
quality, they are required to offer teacher opportunity payments
directly to teachers, if they are failing to improve the professional
quality of their staff.
In consolidating these two programs, we provide more money for
teacher professional development. In my home State of Arkansas, the
combined fiscal year 2000 allocation for both programs is $14,970,900.
The estimated fiscal year 2001 allocation will be $16,337,800, an
increase of over $1.3 million. Under this bill, every school district
in Arkansas will be authorized to receive additional money for teacher
professional development. For example, the Jonesboro School District in
northeast Arkansas currently receives about $169,000, and they will be
authorized to receive $186,000, an increase of almost $17,000, for
professional development. In Texarkana, the increase amounts to an
additional $24,000. The Fort Smith School District will see a $36,800
increase. The teachers of the Little Rock School District will have
$82,000 more for professional development activities under our program.
One of the other key changes made in the Educational Opportunities
Act is to shift the child-centered funding. We do this through a title
I portability demonstration program. Under this initiative, interested
States and school districts are allowed to use their title I dollars to
establish a per pupil amount for each eligible child, which would then
follow the child to the school they attend. The per pupil amount would
be used to provide title I's supplemental educational--``add on''--
services directly to eligible children. Eligible students will be able
to use their per pupil amount for ``add on'' services at a public
school (including charter schools) or a tutorial assistance provider.
This funding is available for children between ages 5 and 17 whose
family income is below the poverty line. A State may choose to expand
eligibility to any educational or economically disadvantaged child in
preschool through high school. (These eligibility requirements are
consistent with title I.)
Each State participating in a portability program is required to
operate a full public school choice program to ensure that low income
families have maximum flexibility as to where their child receives
title I services.
States operating a ``child-centered'' program would continue to
receive their title I formula allocation as well as a new allocation
authorized in this program. The new allocation coupled with the States'
formula dollars will permit States to serve all of their title I
eligible children. Only two-thirds of title I children are served by
the program.
That is very important. Currently, only two-thirds of title I
children are served by the title I program. Under our program all
disadvantaged children are going to receive the educational
opportunities they deserve.
States and school districts would be required to establish specific
goals for improving the academic performance of eligible children and a
system to measure progress to ensure that student performance is
improving. States would be required to annually submit student
performance data, disaggregated by race, family income, gender, and
limited English proficiency, to the Secretary. The accountability
system is similar to the strong accountability provisions in both the
Teacher Empowerment Act and Straight A's.
GAO would be required to evaluate the program's effects on student
achievement and parental satisfaction.
We must cease to think of title I education programs as investments
in programs or populations, and begin to view them as ``student-based,
portable entitlements for individual children.''
One of the experts I have often turned to for advice on the
appropriate Federal role in education is the Arizona Superintendent of
Public Instruction, Lisa Graham Keegan, one of the leading education
reformers in the Nation. In endorsing the concept of portability, this
is what she said:
Presently, there is no guarantee that a poor child will
necessarily receive any benefit from the Title I funds he or
she generates for a school district, regardless of how needy
that child might be. What I am required by law to do is to
distribute this money to central offices of school districts,
which are then under no legal obligation to spend the money
on particular children. They simply provide the services they
want to provide in the schools they wish to provide them in,
which many benefit some disadvantaged children, but not all
of them. Putting it bluntly, Title I is an entitlement for
bureaucracy, not an entitlement for a child.
This bill changes that. It makes title I something aimed directly at
the child--strapping it to that child's back under this portability
demonstration as opposed to funding systems and bureaucracies.
Portability is already standard practice in federal higher education
policy, where an historic choice was made in 1972: students rather than
colleges became the main recipients of federal aid. A low-income
college student establishes his own eligibility for a Pell grant, or
Stafford loan, etc., and then carries it with him to the college of his
choice. That might mean Stanford or Michigan State, Assumption College,
or the Acme Truck Driving School. The institution only gets its hands
on the cash if it succeeds in attracting and retaining that student.
The same thing could be done with federal education programs meant to
aid needy elementary and secondary students. The big title I program,
for example, spends almost $8 billion annually to provide
``compensatory'' education to some 6.5 million low-income youngsters.
That's about $1,250 apiece. What if that money went straight to
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those families to purchase their compensatory education wherever they
like. To be sure, title I would turn into millions of mini-
scholarships, like Pell grants.
In addition to Straight A's, the Teacher Empowerment Act, and child-
centered funding, the Educational Opportunities Act also includes an
important provision for children trapped in failing schools.
Listen to the statistics: Over 5,000 title I schools have been
identified as ``failing'' schools for over 2 years; over 1,000 for at
least 4 years; and over 100 for over 10 years.
And yet, we continue to subsidize this failure by keeping the stream
of title I funding flowing to these substandard schools. In this bill
we have a public school choice provision that seeks to remedy this
problem.
Under the ``choice for failing schools proposal,'' once a school has
been identified as failing, they have 2 years to improve. If after 2
years, the school has failed to improve student performance, the school
district would be required to use the school's title I allotment to
allow children in the failed school to attend another higher performing
public school. This proposal has the dual effect of terminating federal
funds to schools that consistently failed to show any signs of
improvement while simultaneously providing the option to low-income
parents to take their children out of a failing school and put them in
a better school.
No child should be permanently consigned to a sub-par school. No
child should be trapped in a failing school. This bill begins to show a
way out.
Another important provision in this bill addresses the needs of
small, rural school districts that receive small amounts of formula
funds and are not able to compete effectively for competitive grants.
This program is based on the Rural School Initiative introduced last
year by Senator Collins of Maine, which I cosponsored.
This initiative has two parts. The first provision allows small,
rural school districts with under 600 students to combine the funds
from three current formula grant programs: title II--the Teacher
Empowerment Act, title IV--Safe and Drug-Free Schools, and title VI--
the Innovative Education Strategies grant. Small school districts often
receive such small amounts under these separate funding streams that
they cannot effectively use the funds. This initiative allows them to
combine the funds to develop an effective program to improve student
achievement.
The second provision authorizes supplementary grants to small, rural
school districts that forgo eligibility to participate in competitive
grant programs. A participating district receives a minimum total of
$20,000 and a maximum of $60,000 from the existing formula programs
plus the supplementary grant.
This new initiative solves two problems. It recognizes that formula
grants to schools are often too small to implement any real changes,
and it recognizes the limited resources of small districts and the
enormous amount of paperwork that are required by applying for
competitive grants. Small school districts often lack grant writers and
the expertise and time needed to apply for competitive grants. I know
in my home state of Arkansas that one school district had to take two
teachers out of the classroom for an entire week just to fill out the
required paperwork to apply for a federal competitive grant. We need
teachers in our classrooms, not filling out paperwork.
This initiative will have a great impact on my home state; 111 of the
311 total school districts in Arkansas will be eligible to participate
in this initiative, and every educator that I have spoken with about
this has been supportive of this initiative.
Every educator I have spoken to in Arkansas about this initiative has
been supportive.
Although the United States spends $664 billion annually--more than 8
percent of its gross domestic product, GDP--on education, nearly 60
percent of our low-income 4th graders, and 40 percent of all 4th
graders, cannot read at a basic level. On recent international tests of
math and science, our high school seniors ranked near the bottom of
industrialized nations; in mathematics, only Cyprus and South Africa
fared worse.
Our children deserve better. The current system, the top-down
bureaucratic restrictive model has failed American students--tried,
tested, and failed.
Today, one-third of all college freshmen enroll in at least one
remedial class before attempting college-level course work.
Listen to the words of former Education Secretary Bill Bennett: ``We
have not yet begun to look at performance or accountability in the
spending of federal dollars. Of 60 plus programs authorized under ESEA,
not one rewards school districts or states for doing well. Not one
inflicts meaningful punishment on schools that do badly. For the
results of such policies, one need only look at the performance of our
disadvantaged students. Forty percent of inner-city students cannot
read by the fourth grade. And 77 percent of low-income fourth-graders
in urban high-poverty schools are reading below basic reading levels.
I read this morning in the CongressDaily that Democrats were
considering offering a whole host of extraneous amendments. I hope that
is not the case--everything from guns to campaign finance reform. Those
proposals are worthy of debate but nothing should distract this Chamber
from what is first and foremost on the minds of the American people--
the education of our children.
I hope those who might consider such a stalling tactic or those who
seek to move this debate and shift this debate from student
performance, student achievement, and improving our schools will
reconsider and realize this bill not only deserves debate--the
differences will be clear between the two sides--but this bill deserves
a vote. As the debate moves forward and the American people express
themselves, the Educational Opportunities Act deserves to be passed by
this Chamber and sent to the President.
What we have done for 34 years under the Elementary and Secondary
Education Act has demonstrably failed. Senator Kennedy said it is tried
and tested. It was tried and tested and it has failed the test. It is
time we change.
I yield the floor.
Mr. JEFFORDS. I thank the Senator from Arkansas for a well prepared
and excellent statement.
Mr. WELLSTONE. I ask my colleague from Vermont whether or not after
the Senator from New Mexico speaks he could be followed by the Senator
from Tennessee, and I follow the Senator from Tennessee.
Mr. JEFFORDS. That is the order in my mind.
Mr. WELLSTONE. I ask unanimous consent that following the Senator
from New Mexico, the Senator from Tennessee proceed and I follow the
Senator from Tennessee.
Mr. REED. Reserving the right to object, in arranging the speaking
order, is it possible to request to be recognized under the unanimous
consent request?
Mr. JEFFORDS. I was alternating back and forth. We have not set time
limits, but I urge people to keep it within 15 minutes. Nobody has yet.
Mr. WELLSTONE. I ask unanimous consent that following the Senator
from New Mexico, the Senator from Tennessee speak, I follow the Senator
from Tennessee, and then the Senator from Rhode Island speak unless
there is a Republican, and then we go back and forth, and then the
Senator from Rhode Island will speak.
Mr. JEFFORDS. Let's proceed the way we have been proceeding. It will
be Senators Bingaman, Frist, the Senator from Minnesota, and I will be
very accommodating to my good friend from Rhode Island.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from New Mexico is recognized.
Mr. BINGAMAN. Madam President, I come to the floor today somewhat
uneasy and conflicted about this debate. I am hopeful, on the one hand,
that we in the Senate can come together to provide national leadership
by legislating what research has proven actually works in improving
student performance. On the other hand, I stand having witnessed people
from both sides of the aisle devoting a tremendous amount of time
during the last year trying to figure out how to help all of the
children of this country make it in today's knowledge-based economy.
[[Page S3156]]
I am somewhat dismayed that the bill we finally arrived at the floor
with is not the consensus legislation we were working to achieve.
Unfortunately, our efforts to achieve a consensus piece of legislation
have not succeeded. We have a bill before the Senate today which is
decidedly partisan. I hope that can be changed during the course of
this Senate debate.
We need to examine this bill carefully because it is very important
and not easy to comprehend. The bill gives Governors, who choose to
exercise it, control of Federal education dollars and it would abandon
the well-cultivated partnership and the powerful national leadership
role that has been developed over several years.
On the surface, we see it is a very large bill. I am sure several
people have held it up. It is similar to a lot of bills, almost
incomprehensible in its length. It goes on for nearly 1,000 pages. It
seems to be, on first reading, chock full of different programs for
promising ideas such as Safe and Drug Free Schools, education
technology, afterschool programs, even a rural education initiative.
It is the kind of assistance that individual schools and localities
in New Mexico tell me they would like and need but they do not have the
capacity or the resources to pursue on their own. All of my fellow
committee members who worked on this legislation in committee know full
well that no matter how well we collaborate on the underlying targeted
programs, the two Straight A's block grants that were layered on top of
the other language at the ninth hour of our deliberations make a lot of
the distinctions in the bill and a lot of the programs described in the
bill virtually meaningless in those States that opt to pursue that
block grant.
The Straight A's proposal at the heart of the bill sounds catchy.
However, in my view, it is an empty promise. What does it do? I think
we need to step back and ask: What do we mean by the Straight A's
proposal? Essentially, it allows every State to spend Federal funds as
they wish for 5 years without input from school districts or educators,
without accountability for increased school performance. Those who
favor the block grants say they are good because they allow for more
local control. In the case of Straight A's, this is factually incorrect
and ironic because a school district or a school actually will lose
control because the control is vested with the Governor to set the
priorities for spending within the State.
This chart demonstrates that 95.5 percent of the Federal funds for
education go to local schools and local districts. State administration
takes 4 percent and the Federal administration takes one-half of 1
percent. The rest, over 95 percent, goes to the local schools.
Under the Straight A's proposal, a Governor who chooses to do so can
change that. The discretion as to how that money is spent is no longer
a Federal and a local issue; it becomes a State issue.
I think this would be a problem for my State of New Mexico. I know of
programs I very much want to see continued. I have trouble seeing how
they will be continued under this proposal. I have a list that details
some of the programs, and I will go through specific amounts.
In contrast to this Straight A's State block grant proposal, which is
in the bill we are now considering, the alternative, which we have
prepared and we are going to offer on the Democratic side, is not just
to throw large sums of money to the States but, instead, to target
Federal dollars to the communities with the greatest need and to give
them true local control by leaving it to them and not the Governor or
Secretary of Education to decide how to set up programs to meet those
needs we have identified in those local communities.
Let me remind you, it was exactly because the States and the
localities were not effectively addressing the needs of students in
disadvantaged areas that the Federal Government first stepped in to
provide targeted aid through the Elementary and Secondary Education Act
of 1965. And, in subsequent Federal programs, we have followed this
same principle. We have focused on areas of national priority, areas
such as education technology and improving professionalism in the
classroom. These are areas that otherwise would not be funded because
of limited resources and that historically have not been funded at
adequate levels.
Let me show one other chart that I think makes this point. When you
look at Federal funds, Federal funds are significantly more targeted to
low-income children than are State funds. I think no one disputes this.
This is a General Accounting Office study in January 1998. It says:
For every dollar provided for all children, $4.73 is given
from Federal funds to low-income children, whereas 62 cents
of local money actually goes to low-income children.
So the Federal Government got into the business of providing
assistance to education in order to deal with deficiencies which
clearly existed nationwide and to deal with inadequacies that were
clearly agreed upon. This is what we are getting away from if we wind
up adopting the bill which has been presented to us on the floor today.
The Straight A's proposal not only does nothing to ensure the most
needy children are protected; it allows Federal dollars to flow out of
the public school system in the form of vouchers to private schools. I
know that is another debate, but unfortunately it has been brought into
this debate about this Elementary and Secondary Education Act.
Incorporated into this is authority for a State to take its Federal
funds and disburse those in a voucher program to the nonpublic schools
as well as the public schools. I think that would be a mistake. I think
it would be a mistake in my State. We are short of resources. The
Federal funds that come in to help the public schools in New Mexico are
very important to those public schools and we do not want to see those
funds decreased by virtue of some voucher program, which our Governor
today, in all due respect, strongly favors. It has been a major subject
of dispute in my State between the Governor and a majority of our
legislature.
Another feature the proponents of the block grant approach in this
bill often talk about is providing greater accountability. In the case
of this Straight A's proposal, the only accountability you will find is
that States which fail to make progress will lose a year of
eligibility. It is similar to benching your star player for one
semester for flunking a class but bringing him back once he gets his
average back up to a D. That is an analogous situation. There is no
real accountability in the bill as it comes before us.
Under S. 2, as it now stands, at the extreme--and I don't think this
will be done, but clearly there have been examples in the past when we
had block grants permitted--you could have States deciding to use
Federal dollars to buy swimming pools, to recarpet offices. The State
could choose maintaining the status quo as its goal over the 5 years.
A less malevolent picture, and one that probably is more likely, is
that a Governor would receive pressure from a handful of constituent
groups to persuade him or her to pour all of the block-granted Federal
funds into something such as an intensive literacy program or a voucher
program to send kids to private schools. This will sound good, but the
problem is you will find it means there are no longer funds for migrant
and homeless children to receive targeted aid; there is no longer money
to provide for professional development for teachers so in some
classrooms the computer can be used effectively; there is no longer
money for afterschool programs; no longer money to hire new teachers.
At the end of the day, as long as the wealthier and higher performing
schools in the State can do well enough to offset stagnation or even
decline in progress at the poorer and lower performing schools, then
the Governor would be able to claim he has done his job under the
Straight A's proposal.
If he did not do the job, if the goal was not met, then no matter; he
would probably be out of office at any rate before the 5-year
experiment was over. If he is not, the only consequence is that he
simply would go back to the status quo we have today. So this Straight
A's proposal contains no significant accountability.
I have an amendment I intend to offer on the issue of accountability.
It will try to correct this. It does so by putting some key provisions
in the legislation that would provide resources
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to States for turning around those schools that are failing. It would
demand results of all students so as to eradicate existing achievement
gaps between minority and nonminority students, between poor and non-
poor students, between English-speaking students and those who do not
speak English as a first language.
It would provide significant consequences for poor performance, so
States and districts have to take responsibility for actually
correcting the deficiencies in the failing schools. It would require a
single system of accountability for all schools in the State and would
limit the availability of flexibility options when a system of
accountability is not yet in place.
The amendment also would ensure that every class would have a
qualified teacher. It would do that by requiring States which receive
Federal funds to make that a priority, to ensure that resources are
provided and school plans incorporate high-quality, research-based
professional development for their instructional staff.
There will be a chance to debate this particular accountability
amendment as we go forward. I hope very much it can be adopted. It
would correct many of the deficiencies in the legislation on which I am
focused today. But, in addition, as we debate this education bill, I
intend to bring attention to some other elements that I do not think
are adequately addressed in the bill. I want to remind the Senate of
the importance of teacher training in technology. It simply is not good
enough that only 20 percent of current teachers are comfortable
integrating technology into the subjects they teach or that we
currently invest less than a third of what the experts tell us we
should spend on technology training for people going into teaching. We
need to deal with that. I will be offering an amendment to do that.
Also, in response to concerns from school districts, and also a
General Accounting Office study that demonstrates there is still a high
level of paperwork burden on schools and districts from States and from
environmental and nutritional regulations, I urge a close examination.
I have an amendment to do so, to urge a close examination of all of
those requirements to try to determine how we can achieve those goals
without unduly burdening the schools.
Today and throughout the discussion of this bill this week, and I
believe next week as well, I intend to propose some amendments. I hope
the Senate will think hard about what it is doing here. This is
extremely important legislation.
I acknowledge there are some philosophical differences on the
appropriate Federal role in public education. I must call attention to
the great shift in attitudes in the Senate since I came here 18 years
ago on the proper role of the Federal Government in education. I am
very heartened that we are here today with all sides of the debate
arguing in favor of a major Federal role and disagreeing about what it
should be. I can remember many other debates on the Senate floor where
the argument was that the Federal Government should get out of the
education field, that we should disband the Department of Education, we
should, essentially, shift those funds over to the Department of
Defense and be done with it. So we have made progress in our debate in
the Senate. But we clearly have not made enough or we would not have
this Straight A's proposal in front of us today.
Today the Federal Government's contribution to education spending is
roughly 7 cents on the dollar. Yet through an understanding that there
is, indeed, a national priority, in the 35 years of the partnership
there have been significant improvements. That 7 cents on the dollar
has been focused on needs we all agreed needed attention. I believe we
can strengthen those programs that work, we can reform those that do
not work, and there are some which are not working as well as they
should. But we need to keep our eye on the ball and continue to target
the Federal funds, the scarce Federal dollars that we have to put into
education, on the students and the schools that need them the most.
We need to rise to the occasion. We need to enact a bill that will
help further the goals of education. We need to come together in the
Senate and not let partisan differences and the upcoming election
divide us in this very important set of issues.
There is no more important legislation that will come before Congress
this year. I hope very much we can come together on some reasonable
changes in this bill so it becomes acceptable and we can send it to the
President in a form he will sign.
I want to mention several more items. In my home State of New Mexico,
we receive over $1 million for migrant education, we receive $10.4
million targeted for class-size reduction, we receive $2.5 million for
professional development, and we receive nearly $3.5 million for the
technology literacy challenge fund. Those are important programs. Those
are programs upon which the school districts in my State have come to
depend. I do not want to see the funds for those programs eliminated. I
do not want to see a blank check go to the State with discretion vested
in the Governor to either continue or discontinue those programs as he
sees fit.
I believe it is important we amend this bill in significant ways. I
will be joining with my colleagues in offering some of those
amendments. I hope very much they will be adopted.
I yield the floor.
The PRESIDING OFFICER. Under the previous order, the Senator from
Tennessee is now recognized.
Mr. FRIST. Madam President, it is a great opportunity we have as we
debate over the next several days the Elementary and Secondary
Education Act which makes fundamental improvements to education
programs that are long in need of such reform.
Declining student performance, especially as we compare the
performance of our students in public schools to the performance of
students internationally, simply demands a new response. Our students
deserve better. It is time to change our Federal education programs to
ensure that school districts, schools, States, and parents have the
tools they need to provide a high-quality education for all children.
As we look back over the last 30 or 40 years, there have been waves
of education reform, but each of these waves seems to have been washed
away as shifting sand, leaving little trace of permanent improvement in
public education in this country. Even as funding has increased over
time, performance has fallen, as we compare our students
internationally, leaving teachers and parents to wonder if anything can
be done to reclaim those years of lost potential.
There is, however, a new movement of education reform sweeping the
United States of America. Because of it, we have a unique opportunity
to significantly and permanently improve education in this country. We
have the opportunity to see to it that every child in every public
school in America is, indeed, challenged by standards as high as those
hopes and those promises of his or her parents, and it is an
opportunity we cannot and should not waste.
We must face today that schools that do not educate, schools that do
not teach, and will not change must in the future be held accountable.
The diminished hopes of America's children as a result of our
deteriorating public education--again most notable as we compare our
schools and the performance of our students internationally--are sad
and serious, and no longer can we ignore these diminished hopes.
We have an opportunity to and we must raise the academic ambition of
every school. There are practical things we can do, such as lifting the
burden of Federal bureaucracy by giving each school the opportunity,
the flexibility, to change, all along demanding they be held
accountable to high standards.
Mired in bureaucratic mediocrity, Government today has become almost
an obstacle, a barrier, not an ally, and it is time for us in
Washington to acknowledge that the Federal role in education is not
just to serve the system but to actually serve the child.
Yes, Washington must realize that no longer can we attempt to
micromanage the day-to-day activities in our schools. We in Washington
must realize and must be wise enough to recognize that schools require
more flexibility; they require more innovation; they require more
freedom to be innovative. Washington must be strong enough to insist on
improving performance in return for this flexibility.
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All of us know the tremendous change that is occurring in the 21st
century. We see it around us each and every day, and amidst this change
we all know deep inside that the future is ultimately decided by how
much our kids learn. Education is the key that will unlock the future
for our children, and that positive, strong education, that
preparation, must begin in those earliest years--kindergarten, 8th
grade, 12th grade. Only successful learning will truly equip our
children for this changing world, and it is time--and we do it in this
bill--we begin to think boldly about this vision for education.
We need to ask the questions: What doors will we open for our
children? What pictures are we going to paint for their future? Will we
increase their capacity to learn and to explore or are we going to go
back and continue to create and enforce barriers that have only failed
us in the past, that are holding them back as our international
counterparts continue to learn and pass them by?
Education is, as we will hear again and again, the most important
gift we can give our children, but the foundation for all lifetime
learning is established in these early years of K-12, where we are--and
we must admit it--where we are today failing. More of the same is
simply not the answer.
We have a choice: We can either turn a blind eye to the problems of
education today and say, well, let's just add another Federal program,
or let's accept mediocrity, or let's ignore accountability, or we can
do what is bold, what is built into this underlying bill, and that is,
give schools the flexibility to be innovative, give States the freedom
to regulate, and give parents, who care the most about their children,
the right to choose what is best for their children.
We have to admit it is going to take a lot more than the power of
Washington to fix education in this country. We need the power of
people at the local level--the parents, the teachers, the principals,
the school superintendents--to help us discover and apply what works.
Once they do, we must give them the freedom to apply what they learn.
I mentioned accountability. How can we get schools which are failing
our children, not educating our children, to change, to improve? Yes,
by giving them the resources they need, but also holding them
accountable for their failure. Schools that succeed in educating
children should be rewarded. Schools that fail again and again must be
held accountable. We know that rewarding failure only produces more
failure, condemning our children to a whole lifetime of low
expectations. The issue is about excellence.
Today every child does have access to a public school, but not every
one of those schools provides an adequate or quality education.
The issue of student performance: If we look at where we are today
and just face the facts, it is absolutely critical that we recognize we
are not doing as well as our children deserve.
In America, 12th graders today rank not 1st, not 5th, not 10th, not
15th, but 19th out of 21 industrialized countries in math achievement.
In the field of science, we are not 1st, or 5th, or 10th, or 15th,
but we are 16th out of 21 nations.
If we look in the field of advanced physics, our students rank dead
last.
Since 1983:
Over 10 million students have reached the 12th grade without learning
to read at a basic level;
Over 20 million students have reached their senior year unable to do
basic math;
Almost 25 million students have reached the 12th grade not knowing
the essentials of U.S. history; and
Over 6 million Americans have dropped out of high school altogether.
S. 2, the bill we are debating this week, the Educational
Opportunities Act, gives new opportunity, new promises.
We hear again and again of the importance of local control, where
parents know their children's needs the best, where teachers know the
names of the students, rather than making these micromanaged, heavily
regulated decisions here in Washington, DC.
It is simply time for us to recognize we should stop feeding the
bureaucracy here in Washington and start funding the classroom, start
funding the student. This is about sending the money where it will do
the most good.
Simply put, in Washington too many education dollars are wasted on
administration and bureaucracy and redtape while too few of those
dollars ever reach the people they are intended to help--the students.
Can Federal education dollars be spent more efficiently and more
intelligently than they are today? Yes. How? First, we can stop wasting
them in Washington. Today, the dollars actually travel from the
taxpayer up through our system, and then they filter back down through
about 760 separate Federal education programs, each overlapping the
other, run by 40 different Federal bureaucracies.
We can start sending those same dollars, as they travel up through
the system, back to the local level, back to the classroom, back to the
communities where parents and teachers and principals can identify
their children's needs. What is right for rural Tennessee simply may
not be what is right for schools in the Bronx. We need to let the local
schools, the local communities, decide, not Washington.
Today, about half of the personnel employed by our U.S. public school
system are not teachers but administrators hired to keep up with the
Federal rules and the regulations. What we need is simplification of
these regulations, a streamlining, a more efficient use of those
Federal education dollars.
I have said that no one cares more about children than their parents.
You will hear, as this debate unfolds, that the bill, S. 2, is biased
toward increasing the role of parents in education today and decreasing
the role of regulations which originate in Washington, DC.
Yes, education is not a Federal issue; it is a family issue.
Education is not about bureaucrats; it is about children and their
parents and the future of those children. Parents--who have those daily
conversations with their children, who do help their children with
their homework, who attend regular conferences with their teachers--
produce better educated students than parents who leave the education
of their children to bureaucrats.
If America's schools are failing our children, parents should have
the power to steer their children to more effective schools, to more
effective instruction. After all, those dollars, wherever they come
from--and, yes, most of them do originate locally, and only 6 or 7
percent come from the Federal Government--ultimately it is the parents'
money, it is their children and their children's future.
Whether a child is a quick learner, or a slow learner, or a child
with disabilities, or a child who just seems to not be able to function
in the school that he is in, parents should have the freedom--I would
argue they have the right--to move that child to a school where he has
the best chance to succeed, to learn, to be prepared for his future.
In some cases, parental choice is about schools with better
educational opportunities; in other cases, it is literally about
removing a child from the line of fire or away from the danger of
drugs. The point is, parents do have the right--and they deserve the
power, I believe--to choose what is best for their child.
Parental choice: It is about schools. It is about parental
involvement. It is about doing what is best for your child. It is about
having a say in how your education tax dollars are spent.
In closing, I do believe we have a unique opportunity to reform
Federal education programs. S. 2, the Educational Opportunities Act,
makes a number of key reforms to current law, with the focus on
producing child-centered programs--not Washington-centered programs but
child-centered programs--that are flexible, that are results oriented,
that have strong accountability built in, and that will lead to
improved achievement for all our students.
The Educational Opportunities Act seeks to encourage reform rather
than mandate particular changes at the Federal level. In this bill, no
one is forced to do anything. The act encourages reform by allowing
this choice. States and districts have an option either to keep exactly
the sort of funding formulas and the categorical programs they have
today--as they may have done over the last 35 years--or to embrace
these new options, these new initiatives, based on local control and
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flexibility and accountability. It is these new initiatives which
require--and must require--a high level of accountability in exchange
for that flexibility.
I am very excited about the debate today. We will be talking about a
number of principles. Over the course of the week, we will be talking
about the details of the bill. This debate is critically important. The
bottom line is: Our children deserve better than what we are doing
today. S. 2 addresses the reforms necessary for them to do better.
I yield the floor.
Mr. JEFFORDS. Madam President, the senior Senator from Minnesota is
next. We have about seven more Senators who desire to speak. We are not
putting any time limitation on them. I am just making Senators aware of
that.
The PRESIDING OFFICER. Under the previous order, the Senator from
Minnesota is recognized.
Mr. WELLSTONE. I thank the Chair and say to my colleague from Vermont
I will try to stay under 3 hours.
Madam President, I, too, think we can do better by our children. It
pains me a little bit to say what I am about to say--not for 3 hours--
because I respect the chairman of our committee, Senator Jeffords of
Vermont.
Mr. DODD. Will my colleague yield before he gets into the substance
of his remarks?
I ask unanimous consent that at the conclusion of the remarks, I
believe, by my colleague from Georgia, I be allowed to address the
Senate on the subject matter for 10 minutes.
The PRESIDING OFFICER. Is there objection?
Mr. COVERDELL. Madam President, just as a point of clarification, I
believe the next speaker on our side will be Senator Gregg. So if the
Senator modifies his unanimous consent request, and it is granted, he
will follow Senator Gregg.
Mr. DODD. I modify my request.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The Senator from Minnesota.
Mr. WELLSTONE. Madam President, as much as I respect my colleague
from Vermont holding up the standard that we can do better for our
children, holding up the standard that we need somehow to renew our
national vow of equal opportunity for every child, I do not believe
this piece of legislation represents the change I have been hearing
about. I do not believe S. 2 represents a great step forward for
children in our country, especially vulnerable children. I think this
piece of legislation, S. 2, represents not a great leap forward but a
great leap backwards.
I come to the floor as a Senator from Minnesota to speak against this
legislation in its present form because I was a teacher for 20 years, a
college teacher, before becoming a U.S. Senator. Education is my
passion. I speak against S. 2 because I have been in a school every 2
weeks since I was elected almost 10 years ago. I love teaching. I love
being in schools. Today I was at a rally at the State capitol in
Minnesota with some great students from all around Minnesota who are
seeing cuts in their school districts, teachers being eliminated, extra
curricular activities eliminated, larger class sizes, and course
offerings being eliminated.
I come to the floor to speak against this legislation because I
believe the goodness of our country is to make sure that every child
has the same opportunity to reach her or his full potential, and
education is the foundation of this opportunity. This piece of
legislation does not represent a step forward. It is turning the clock
back 30, 40 years. That is unacceptable to me as a Senator.
This bill is fundamentally flawed because of the programs that it
block grants. There is a reason why we made a commitment to migrant
education. There is a reason why we made a commitment to homeless
children. There is a reason why we made a specific commitment with
accountability standards to make sure that title I works for children
who are disadvantaged and they can do better in school. There is a
reason why these are categorical programs. There is a reason why we
have set some standards.
The reason is, the House of Representatives and the Senate decided
that we are a national community as well as States. And as a national
community, we make a commitment in the House and the Senate that no
child, no matter how poor or how vulnerable, no matter the son or
daughter of migrant farm workers or a child who is homeless or a child
who is living in an inner-city or rural neighborhood that is poor, it
makes no difference; those children will also receive assistance. There
will be standards. That is a national decision because we are a
national community. This piece of legislation throws that out.
Some of my colleagues come to the floor and say: We are for change.
What kind of change?
Pretitle I, to give but one example, we had the example of school
districts using this money to purchase football uniforms, band
uniforms, swimming pools, and all of the rest. That is why we decided
we were not going to block grant this money. That is why we decided we
were going to make sure the title I money went for the children who
needed the help.
I had hoped we would not have this crude block grant program that
turns the clock back 30 years plus. I thought we would start out with a
bipartisan bill. That is not the direction we have gone.
This turns the clock back. This basically says, if you are a child of
a mother who is homeless and your mother doesn't have much clout, if
you are the child of migrant farm workers and they don't have much
political power, or you are the child of parents who are poor and they
don't have much clout, it doesn't matter what the State you are living
in decides to do. The Governors are free to spend the money however
they want. That is what this legislation says in its present form.
That is not a step forward. That is a step backward. That is a step
backward from the national commitment we have made as the House of
Representatives and Senate, that all the children in this country,
including vulnerable children, will have a chance to do well.
I have heard my colleagues say: I hope we get into some real debate;
I will be pleased to yield for a question any time. Well, we need to do
this because we have had 30 or 40 years of these programs, going back
to the Elementary and Secondary Education Act of 1965. Look at the
statistics. We haven't seen any change. There are too many children of
color and too many poor children and too many children with limited
English proficiency who are not doing well. Now we bring a bill to the
floor that is going to make things much better.
Give me a break. When I am in communities talking to students and
parents, talking to people in schools, nobody ever comes up to me and
says: Can we have more Ed-Flex? They don't even know what it is. Hardly
any States have even applied for it. They don't talk to me about Ed-
Flex, Flex-Flex, flexibility.
They say: Why doesn't the Federal Government make a commitment to
pre-K, since most of K through 12 is us? Why don't you adequately fund
good developmental child care so when children come to kindergarten
they are ready to learn, and we don't have this huge learning gap where
some children are way behind, then fall further behind, then drop out,
then wind up in prison? Why don't you get real and invest in
developmental child care?
Not with this budget from this majority. And, by the way, not with
the budget proposal from this President. We haven't made this
commitment.
We say we have S. 2 out here because this is for change, to make
things better for these children. If we want to make things better for
the children, why don't we fully fund the IDEA program so that our
school districts don't have to fill in the void? Let's fully fund it.
Let's get real about the actual investment of dollars. Why do we not
fully fund the title I program? We are funding title I at about a 30-
percent level.
When I am in St. Paul or Minneapolis, to use two cities in my State--
and I could talk about other communities--I don't have parents and
teachers and others rushing up to me saying: We need more Ed-Flex.
They say to me: After you get to the schools that don't have at least
65 percent of the students poor, those schools get no funding at all
because we have run out of title I funding for children who come from
backgrounds of difficult circumstances, come to school
[[Page S3160]]
ill-prepared, are behind, need additional help. We fund this program at
the 30-percent level, to the point where at the schools in our cities
in my State, if they don't have at least a 65-percent low-income
student population, they don't receive any funding.
When I talk to people in Minnesota, they ask me: Can we get the best
teachers? What does this legislation do about getting the best teachers
into teaching? Can we figure out creative ways of having more parental
involvement? Can we have smaller class size? Can we focus on good
professional development for teachers? Maybe the money could be used
for the Eisenhower programs for math and science, but we eliminate the
program. The Eisenhower Program has been a huge success. In fact, I
would like to do more of it. I would like to have money designated for
professional development. The original National Defense Education Act
had those summer institutes for teachers, and they were great. Teachers
loved getting together. They loved comparing notes. They revitalized
one another with new approaches to teaching, new pedagogy, new
substantive matter. It was great.
I hear about that. In Minnesota, I also hear about--and I know it is
true in every State--decaying infrastructure, crumbling schools. The
argument is, can we figure out a way of having more dollars to rebuild
our schools? S. 2 doesn't speak to any of these issues.
I wish to make a couple of other points. One of them is that I have
heard colleagues talk about flexibility, and this is, I will admit,
more a State issue. I don't know quite how we leverage it at the
Federal level. But Jonathan Kozol has done a wonderful work called
``Amazing Grace: The Lives of Children and the Conscience of a
Nation''--and he has written another book and he sent me some data from
New York--which says the difference between what New York City spends
per pupil is about $8,000 per year per pupil and the suburbs range from
$16,000 to $23,000 to $24,000 a year--two and three times as much.
Jonathan Kozol's earlier book was called ``Savage Inequalities.''
So we do not, in this piece of legislation, make sure we live up to
our commitment that there should be equal opportunity for every child
and that we should do all we can to make sure poor children and
vulnerable children have those opportunities.
We do precious little to deal with the savage inequalities about
which Kozol talks. We have been shameful in our lack of investment, and
I know the Senator from Vermont is all for this; he has been an
outspoken proponent for this. But in our shameful lack of investment in
early childhood development, we don't fully fund the IDEA program,
Children With Disabilities, and we don't come close to fully funding
the title I program. In addition, this piece of legislation shows no
strong, unequivocal, positive commitment to how we get the great
teachers into our schools, how we reduce the class size, how we invest
in crumbling schools, how we make sure parents are involved, how we
deal with the digital divide, how we make sure schools have adequate
resources, how we make sure children do well before they go to school
and when they go home. It is just not here.
So this piece of legislation is lacking in two fundamental respects:
A, it is not a great step forward; it is a great leap backward. It
turns the clock back from a commitment to vulnerable, poor children in
America. I will oppose it with all my might for that reason, with its
block grant. B, it doesn't, in the affirmative, authorize or talk about
the kind of investment or funding in the decisive areas that would be
so important to change so that we could do even better as a nation.
Madam President, I wanted to mention a couple of amendments that I
have, and then I want to make a plea to the majority leader--not to the
chair of the Health, Education, Labor, and Pensions Committee.
I will have an amendment that expresses the sense of the Congress
that States and districts that use standardized tests to make high-
stakes decisions about students should be professional standards on
educational testing. It should not really be controversial, I hope. But
I think we have to make sure these tests are used well. I am going to
call for a study on the impact of high-stakes testing policies on
students, teachers, and curriculum because I am very worried that when
we start using single standardized tests to determine whether a third
grader goes to fourth grade, what kind of reading group you are in,
whether you graduate, and all the rest, and we have done little to make
sure every child has the same opportunity to actually pass the test,
what we have done is put the responsibility on kids and students for
our failure to invest in their future and their achievement. So I think
we at least ought to do a study. We ought to have an understanding.
I will have an amendment making it clear that if States and school
districts use standardized tests to make the high-stakes decisions--I
am all for testing for diagnostic purposes--to determine whether a
student graduates or goes from one grade to another, at the very
minimum, appropriate accommodations must be made for language
proficiency and students with disabilities.
There will be an amendment I am going to sort of dedicate to my
friend Paul Simon, who is no longer in the Senate. We did this
together. It authorizes grants to urban school districts so they can
implement any of the following programs in innovative ways to help
eliminate the learning gap, as it affects children of color and the
poor, and that could be the McKinney Homeless Assistance Act,
Professional Development Act, the Immigrant Education program, or the
Class Size Reduction Program. The Presiding Officer has done a good job
of making sure we keep the rural piece in, and I am in full accord with
that. I want to make sure we also keep in the urban piece.
I will have an amendment about which I was talking to my friend,
Senator Coverdell from Georgia, which I think is extremely important,
to provide some support for children who witness violence at home.
Every 13 seconds a woman is battered in her home. These children don't
see the violence in the movies or on television; they see it in their
living rooms. It has a devastating effect on their performance at
school, and quite often in our schools we don't even know what is
happening with these kids. I want to get some support services for them
so they can do better.
I have an amendment to recruit and train highly qualified teachers
for high-poverty urban and rural schools. This would provide $500
million to fund a collaborative between State education agencies, local
education agencies, and institutes of higher education. This is how we
can recruit people, whether they are right out of college or whether
they are people who make a lateral change at age 40 or 50 and want to
teach in schools. We want to get the training to them and have the
mentoring. We want to have the internships, and we want to get this
kind of talent into our schools, especially those schools with a large
low-income student population.
I will have an amendment that calls for local family information
centers. This would expand the Parent Information and Research Center
Program in title I to include nonprofit organizations. Sometimes the
way we can reach some of the hard-to-reach parents is to get them
involved through some of the nonprofits in the community. I think there
can be good, bipartisan support for this.
I will have an amendment that provides seed money for schools to hire
more counselors for mental health services. In my State of Minnesota,
the ratio is 1 counselor for every 1,000 students. Indeed, many of
those counselors are trained more to what college or university you go
to, or, if you don't go on to college, what kinds of jobs will be
available. What about the kids who have mental health needs? How are we
going to be able to recognize these kids who are struggling and get
help to them?
How are we going to tell them? That is a hugely important issue.
I am going to have an amendment that provides seed money for
counselors. I am not sure how many. I am going to figure out exactly
the amendment that I think has the best chance of passing so we can
make a good start in this area.
Finally, I am going to have an amendment I offered before. I will not
spend much time on it. We had a vote on it. I want it to be on the
record that
[[Page S3161]]
I want some historian to include me in a small footnote that we have
not done the policy evaluation of ``welfare reform.'' We really do not
know where these mothers are. We don't know what kind of jobs they
have. We don't know whether the family has had medical assistance. We
don't know why there is a dramatic decline in food stamp participation.
We don't know what the child care situation is with their kids. We need
to know, especially since in the next 2 years all of these families are
going to be off assistance and we are going to be pushing a lot of
vulnerable people off the cliff. I want some policy evaluation.
Nobody can tell me this has nothing to do with education because when
children are hungry, they don't do well in school. When children come
to school with an abscessed tooth because they have no health care or
dental care, they don't do well in school. When the child care
situation is miserable--it ranges from downright dangerous to not even
adequate--those children come to kindergarten way behind. I have an
amendment that calls for this policy evaluation.
I say to the Senator from Vermont that I am not going to go on for 2
hours. But this is an important bill for me. I will probably take 5 or
10 minutes. I will save him having to get up all the time. I will be
finished. But I don't want too much pressure on me to be finished
because then I will just get started again.
I want to conclude with this appeal to my colleagues on the other
side.
I have stated the reasons for my opposition. Senator Gregg of New
Hampshire will be out here. He will be a powerful advocate for a
different position. I hope we will have at it. We can do it with
civility. We can be formal. Presumably we have respect for one another.
But let's have at it. Let's come out here and let the Senate operate as
the Senate operates at its best. Let's start bringing amendments out
here. Let's have up-or-down votes on amendments. If we need to start
early in the morning, let's start early in the morning. If we need to
go not until midnight out into the evening, great. Let's work.
This is a major bill. I think we all agree that there is no more
important issue. Frankly, the Federal role is critical. This piece of
legislation is critical. Let's have at it. It is not atypical when you
have a bill of this importance.
I was talking to my colleague from Georgia about this. You have a
bill out on the floor for a couple of weeks. That would be good. I
wouldn't be at all surprised if there were 90 or 100 amendments. I
remember during my earlier years, it happened all the time. Amendments
fall off, or people bring amendments out, and people agree to time
limits. Let's go at it. Let's have the debate. Let's make sure it is a
substantive debate.
I have a number of amendments. Other Senators have amendments. That
is the way you operate as a Senator. That is how you can make a
difference. That is how you can try to follow up on what people in your
State have told you about some of the needs and gaps. That is how you
can try to be a good Senator. Let's do it.
We will take a couple of weeks with this. Then we will pass a bill,
or we will defeat a bill, or it will be similar to what it is now, or
it will be dramatically changed. But I think the country is ready for
that.
I think the country is ready for us to have substantive debate. I
think it is ready for us to be out here on the floor working. It is
ready for us to be talking about what we believe--I think the Senator
from Rhode Island will agree--would be best for education in our States
and how we can contribute. It wants that discussion. That is why we are
here. I hope we will do that.
I hope the majority leader will not come out here in 2 days, which
has been the typical fashion--I am not talking behind his back; I have
said this over and over again--and say: I don't like these amendments
that deal with how you get guns out of schools; I don't like this
amendment and, I don't like that amendment; these amendments aren't
relevant; only if you agree to the following four or five or six
amendments, or whatever, do we go forward. And we say: Absolutely not.
We are here as Senators. We have amendments. We are ready to work for
people in our State. Then cloture is filed. If there is not cloture,
the bill is pulled.
I don't think it is a very good bill. So in one sense, I wouldn't be
unhappy with that result. But as a Senator, I would be unhappy with the
result. I want to go forward. I want to have the debate. I want to have
at this legislation for a couple of weeks. I want us to consider the
amendments out here. I say to the majority leader what I have said
twice now: You suck the vitality out of the Senate when you don't let
people come out here and offer their amendments and have this debate.
We are at our best when we do that, I think.
I am all set to go. I am in profound opposition to this legislation.
I think it is a profound mistake. One person's solution is another
person's horror. The Senator from New Hampshire thinks it is just the
opposite. That is fine. He will state it well. Let's have opening
statements. Let's get to the amendments. Let's have debate. And let's
move forward.
I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. JEFFORDS. Madam President, I will make a unanimous consent
request so we know where we stand.
Next to speak is Senator Gregg; then Senator Dodd, Senator Reed,
Senator Bunning, and then Senator Lieberman--three or four other
Members--for a period not to exceed 45 minutes.
I ask unanimous consent that be the order.
Mr. GREGG. Reserving the right to object, the 45 minutes applies to
Senator Lieberman.
Mr. JEFFORDS. Senator Lieberman and his group. Others are flexible.
But I suggest 15 minutes is an adequate time.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The Senator from New Hampshire is recognized.
Mr. GREGG. Thank you, Madam President.
I congratulate the Senator from Vermont for bringing this bill
forward. We recognize it is an extraordinarily important piece of
legislation because it sets Federal policy for education, especially in
the primary area where the Federal Government has responsibility, which
is low-income education.
There are really two areas of elementary and secondary school
education where the Federal Government is the dominant player. One, of
course, is elementary school education--the low-income kids. The other
is elementary school education for special needs children. This bill
doesn't address the special needs issue. It is not the IDEA bill, which
is a special needs bill. This bill focuses primarily on how we deal
with low-income children.
I think it is important to reflect a little bit as we begin this
debate as to what the history of this piece of legislation is because
that puts in context to a significant degree why it is we on our side
believe there needs to be interest for other options to be made
available to the States as they address the issue of educating and
helping low-income children achieve and, thus, realize the American
dream.
This bill was put together 35 years ago. At that time, it was a 32-
page bill with 5 specific programs. Today, this bill before us has 922
pages; it has 79 different programs. It is a huge piece of legislation
which has expanded radically over the period of the last 35 years. It
originally had, and still has, categorical program after categorical
program which specifically told the local school districts and the
States how to manage very narrow areas of education in a very
prescribed way.
There has been a philosophy built up over 35 years in this Congress--
essentially dominated by the Democratic Party when this bill evolved--
that essentially says: We in Washington know a heck of a lot better how
to educate a low-income child than you folks back in the districts do
where that child is going to school; We know better than the parents of
that child; We know better than the teachers of that child; We know
better than the principal; We know better than the school district; And
we know better than the State.
As a result, this bill exploded from a 32-page bill to a 1,000-page
bill with program after program after program very narrowly, rifle-shot
targeted with
[[Page S3162]]
significant limitations on the funds being spent and significant
directions for the local communities.
What was the result? The result was that over that period we spent
almost $130 billion in education directed at low-income children--$130
billion over 35 years. What did we get for that? Unfortunately, what we
had was a bunch of kids who were left behind--children to whom we had
made a commitment, and low-income children who weren't educated hardly
at all as a result of all of these dollars being spent.
We know for a fact today that two out of every three low-income
fourth grade African American and Hispanic children can barely read.
This chart shows that over 70 percent of the children in our high-
poverty schools who are low-income do not meet the most basic levels in
reading. We know 60 percent of those children do not meet the basic
levels of mathematics. We know almost 70 percent of those children do
not meet the basic levels in science.
This is the product we have produced $130 billion and 35 years later:
79 programs and 1,000 pages of law. We know in our high-poverty
schools, low-income kids in the fourth grade read at two grade levels
less than their peers who are not low-income. We know in our urban
schools almost half our children are not graduating from high school.
We know the achievement gap between our moderate-income, our average-
income kids and our low-income kids is not closing as it was supposed
to after $130 billion but is potentially expanding and, at best remains
the same.
We have gotten nothing for these kids from all this money that has
been spent. It is not just our low-income kids, the children addressed
in this bill who are being affected by the quality of education, but
our entire educational system has serious problems. Forty percent of
our fourth graders can't read at a fourth grade level. Our 12th graders
have seen either a decline in reading, math, and writing skills or, at
best, a stagnation of reading, math, and writing skills. I am talking
about all 12th graders--not just low-income 12th graders.
Our 12th graders, compared with the rest of the world, which is where
we are competing today, and what our prosperity is tied to, come in
about last among industrialized nations. We are behind Hungary,
Slovenia, Austria, Germany, Netherlands, and Sweden. We are just about
last in levels of academic achievement in mathematics and last for our
academic levels in science.
We know there are 7,000 schools in this country today that are deemed
failing schools. They are not defined as ``failing'' by the Federal
Government. We have not set a standard to say a school is failing. They
are defined as failing by the school systems at the State and local
levels that rate their own levels. School systems rating their own
schools have identified over 7,000 schools that do not meet the
standards they have set. Some of the schools have had the failing
designation for not just 1 or 2 years but for up to 6 or 10 years.
We need to be very concerned about this. We are not the only ones, as
legislatures, who are concerned. Our manufacturers and our people who
are trying to hire folks so they can become prosperous, so they can
have good jobs, and so we as a country can compete internationally, are
concerned. United States manufacturers have found that 40 percent of
all 17-year-olds do not have the math skills necessary to do the job
for which they are hired; 60 percent do not have the reading skills
necessary to do a manufacturing job. That is a staggering number. Over
half the kids leaving our school systems come in to their work
experience without the ability to do the job because they cannot read
and they cannot do math.
Madam President, 76 percent of our college professors and 63 percent
of our employers believe that a high school diploma is no guarantee the
typical student has learned the basics necessary to function in our
society, and specifically, in college and the businesses into which
they are being hired.
We obviously have a very significant problem. I must stress this
problem isn't a lack of money. As I said, we have spent $130 billion
for title I kids over the last 35 years. We have also as a Federal
Government dramatically increased our funding. This chart reflects how
much we have increased funding for education generally in this country
from 1950 to the year 1997--from about $10 billion to well over $300
billion in total expenditures from K-12.
This chart shows how much we are spending on our increases on
children per pupil during that period. From 1970 to 1999, we see the
increase per pupil went from $1,000 to well over $7,000 in this
country.
The United States spends 6 percent of its national income on primary
and secondary school education which is more than any other of those
industrialized countries. Every one of these countries spends less of
their gross national product for education than the United States,
except Denmark and Canada. All the other countries spend less as a
percentage of their national product on education.
It is not a function of dollars being spent. It is a function of what
we are getting for our dollars that we are spending that is the
problem.
Somebody else said it is a function of the teacher ratio; We simply
have too many kids in the classrooms for the teachers to handle. There
may be instances where that is the case. I think that is possibly true.
But as a practical matter, when reviewing the statistics, it is hard to
defend that position. In the 1960s, there were 26 pupils per teacher.
Today there are 17 students per pupil in this country, on average. The
President has said he wants to have 18 students to one teacher. That is
the ratio he wants to reach. As a practical matter, 42 States in this
country already have ratios which equal either 18 to 1 or better for
the ratio of students to teachers. We know we have a problem, and it is
very significant.
Some States have taken this issue on and made significant success. I
point to Texas as an example. They have reduced their achievement gap
by almost a third between the low-income kids and the high-income kids,
and they have not done it by reducing the level of the achievement of
the higher or the moderate-income child, the non low-income child. They
have done it by raising achievement levels of the low-income child.
One might ask: How have they done it? Texas--and there are lots of
other States initiating these programs, including Michigan, Arizona--
has done it by being creative, taking a different approach with their
kids by demanding achievement in most instances.
When we looked at this bill as it came to the committee for
reauthorization, we looked at the statistics and said one thing we know
is what we are doing is not working. There are a lot on the other side
who are willing to defend the status quo. I am not. These numbers are
staggering. We have had generation after generation of low-income
children who have been given the raw deal in the way the Federal
Government has addressed the issue of educating or trying to help
educate them by assisting the local communities. Their achievement
levels have not increased. They cannot do math, they cannot read, even
though we have poured these huge amounts of dollars into trying to help
them out. So we knew it was not working, the status quo. We knew those
79 programs that had come, originally, from 5 simply had not resolved
the problem.
I guess they made a lot of people feel good because there is hardly a
Member, especially on the other side of the aisle, who has served here
for any length of time who does not have one of these targeted programs
that is called something--something to help somebody somewhere that has
his or her name on it so they can put out their press releases and go
back to their States and say: I put out the ``da-da-da'' program which
helps ``da-da-da.''
But the problem is, that has not improved the education of the
children at all, especially the low-income children. So we, on our side
of the aisle, said let's try to think of a better way to do this. We
came up with a basic thematic approach. We said that, first, the
programs we put forward should be child centered. That might seem
obvious and everybody might say, of course, they should be child
centered; it is education. Unfortunately, title I, the way it was
originally designed and the way it functioned up until 1994, was not a
child-centered program.
Title I was a school-centered program, an administrator-centered
program. Basically, the money went to the
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schools. If you happened to be a low-income child, you may or may not
have ever seen that money. If you happened to be a low-income child in
a school system which had less than 35 percent of its kids being low-
income kids, you were absolutely not going to see any of that money
because none of that money could go to your school. So a lot of low-
income children were simply written out of the system, and the money
did not go to the children; it went to the schools. So we said let's
have a child-centered approach where we are really looking at the
children.
Second, we said title I has not accomplished its purpose, it has not
improved the education of low-income kids, so let's put the emphasis on
achievement; We especially want to see low-income children have their
math and reading skills increased; We do not want to see them put into
some aggregation where there is a claim of increase because they are
part of an average; We want a disaggregated approach, so different
groups within the low-income community are looked at independently.
Then we want those groups of kids to improve relative to everyone
else. We don't want everyone else to be brought down; We want to see
better math skills, better science skills, better reading skills for
the low-income children so when they leave school, they can read and
they can write and they can do math. So we decided we were going to
have an achievement-oriented proposal.
First, it was child centered; second, it was achievement oriented.
Third, we came to the conclusion that maybe we do not know best here
in Washington; maybe the local school districts do know what they are
doing. I meet very few parents, teachers, and principals who really
don't want good education. Almost everyone I ever meet who is a parent
of a student or teacher or principal or superintendent really does want
good education. That is why they have committed their lives to this
exercise. So we said let's give the flexibility to local school
districts so they can make the decision as to how to allocate the funds
within their school districts and within their schools the way it will
get the best results.
In order to give that flexibility we also said, fourth, that we want
accountability. We want the local school districts in the States to
show us the kids are achieving at a higher level. They have to be
accountable.
So it has four steps: Child-centered, achievement, flexibility, and
accountability. That is the theme on which we built this bill, or the
ideas we put into this bill.
There was another approach which we took, which is a tactical
approach. We said we do not know all the answers, unlike some on the
other side who appear to think they do know all the answers. We said we
don't know all the answers, we don't know what the States need and what
they want, so we are going to give the States an optional approach. We
are not going to say you have to do this in order to get the money, or
you have to do that in order to qualify for the program. We are going
to set out a series of options.
The way I describe it is it is similar to a cafeteria line. A State
can go down that cafeteria line, or a local school district can go down
that cafeteria line, and they can pick out the program which they think
best suits their ability to produce the results for the low-income
child, to enable that child to have a better school experience and to
learn more.
We do not say you have to take any specific program. We do not say in
order to get a new teacher you have to take class-size dollars, and if
you take class-size dollars, you can't do anything but get new
teachers. We don't say that. We say you, the State, can go down this
cafeteria line, and if you like this program--and I will talk about
them in a second--if you like Straight A's or you like portability or
you like public school choice, you can just take that program and try
it out in the context of an accountability system where you have to
prove that you achieve the results of improving the quality of
education for the low-income child.
But if you don't want any of those programs, if your educational
community is so strong in your State and you believe you are doing such
a good job that you want to stick with title I as it is presently
structured out of all the different rules and regulations and all the
categorical programs, you can do that, too. You can go right down
through that cafeteria line, don't pick up anything, and get the same
amount of money. If you take any one of these programs, you get the
same amount of money. We are not going to affect anybody's ability to
get the dollars the Federal Government is sending to them. They are all
going to get the same amount of dollars, but we are going to give some
States and communities an opportunity to have options.
It has outraged the other side of the aisle for some reason, the idea
we would give options. Maybe it is because we are not demanding people
do this. The approach we often hear, regretfully, from the Washington
educational establishment is you must tell people what to do. We are
not going to do that. We are going to say you have options and when you
choose an option, then we are going to say you have to produce the
results, yes, but you will have flexibility within that option to
produce those results.
Let me talk briefly, because there is going to be a lot of debate
about these items, about the four major options in this bill. There are
also a lot of other good initiatives in this bill. The Senator from
Maine put in a superb initiative in rural education that is going to
help rural school districts be able to manage their Federal dollars
more, but that is not controversial because it is such a good idea. Let
me talk about the four items that basically set these themes in place.
The first, of course, is Straight A's. There are two different types
of Straight A programs in this bill. One is the Governors' proposal;
the other is pure Straight A's and includes title I. Essentially, what
it says is we are going to take a bunch of programs, 14, 15 programs,
and instead of having the money go to the States in a categorical way,
the States will get the dollars from those programs in a group, and
then they will have very significant obligations to meet accountability
standards for having improved the achievement of low-income students as
a result of getting those dollars--something which does not now exist.
We will give them flexibility, but we will expect results. And low-
income kids will learn.
This is a State's choice, by the way. The State does not have to take
Straight A's. If the State doesn't think this will work for it, it does
not have to take this track. If a State wants to take this approach, it
can. But after taking this approach, it has to prove, after a
reasonable amount of time, the kids are actually improving in their
educational levels.
The second approach is called portability. Here we have tried to
engage the parents in the process of becoming involved in the education
of the low-income child. I think if there is one thing we all
recognize, it is that parent involvement is absolutely critical to good
education. This is an attempt to get the parents into the process. This
proposal, essentially, says that instead of sending the money to the
schools--as I mentioned earlier, if the school does not have 35 percent
low-income kids, they don't get any money--instead of sending the money
to the schools, we give the money to the schools, but we give it to
them in relationship to the children who are in the schools so the
money follows the child. It does not flow to the schools. Then the
parent has the right to go to that school system and say: I am not
happy with what my child is learning in this school. I would like you
to put my child into an afterschool program or a tutorial program--not
a private school; the child still has to go to the public school--but I
would like you to put him or her into some sort of private tutorial
assistance, or it could be public tutorial assistance, that may cost
more money.
That is allowed today under present law, under title I, but it is not
at the direction of the parents. The school systems make these
decisions. So the parent has the right now to say: Take my title I
money and allow my child to get some assisted learning at a Sylvan
Learning Center or some sort of other outside assistance program. That
is portability. The money goes with the child and the parents, although
they never get the dollars, they do not physically have the dollars.
This is not anything like a voucher, even though it is
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occasionally, by people who are really demagogic, being classified as
such, but nobody with any integrity would ever call this a voucher
because it is not--the dollars go to the school, and the school has
control over the dollars. But the parent has the ability, if the parent
decides to do so, to direct that these dollars be used to assist the
child in additional educational support, something the school can now
do but may not want to do, for whatever reason.
That is portability. Again, the most common attack we get on this--
and it is legitimate--is: What happens? Under the present system, money
comes together in the school system and the school gets to use it to
benefit all the kids. It is not going to take control away from the
school and their ability to benefit all the kids with these title I
dollars.
Yes, it is; it is going to benefit the low-income kids. That is
exactly what it is going to do. Remember, for this program to go
forward, the school district and the State have to have made the
decision this is what they want to do. So if the State and the school
system come to the conclusion the best way to educate their kids is to
use portability as an option, then they can apply for it, but if the
local school district, the teachers, the principals, and the
administrators decide this is not going to work, they do not have to
apply for it; it is an option.
There are some States in this country that, obviously, are going to
apply for it because they already use portability. Arizona uses
portability for its State funds, and the city of Seattle uses
portability for its State funds. It is not a new idea. I am sure it
will be pursued by those places. It will be on the table and available
to them if they want it.
Another area is public school choice. As I mentioned, in this country
today, 7,000 schools have failed or are failing. What we essentially
say is: If your child is in a failing public school--which can do a
fair amount of damage to a child, to be in that school for 2 years--but
if that school continues to fail for 2 years--and remember, failure is
defined by the States, not by us--then the parent has the right to move
that child out of that public school. If that public school fails for 4
years, then the parents have a right to move that child out of the
public school and the public school system must assist them in the
transportation costs of moving their child out of that public school,
as long as it is a reasonable number. There is a contingency on how
much can be spent.
Parents cannot move their children to a private school and get any
support. This is a public-school-to-public-school choice. In other
words, if a parent wants to move their child out of one failing public
school, under this bill, they can move to another public school that
they, as a parent, believe is doing better. Again, this is a process of
getting parents involved. Equally, it is a process of putting pressure
on the 7,000 failing schools.
Another area is teacher empowerment. This has already been attacked
at some length from the other side of the aisle. I heard a commentary
on this. There is a philosophical difference which reflects precisely
from where the two different parties are coming. The President, the
Vice President, and his supporters, have said: If you want to get more
money from the Federal Government, you must use this money to add new
teachers to classrooms; you must do it.
I do not know how Al Gore or President Clinton know that the town of
Milan, NH, needs more teachers, but for some reason they think they do.
I do not know how they know that.
Mr. COVERDELL. Will the Senator yield?
Mr. GREGG. I yield to the Senator from Georgia.
Mr. COVERDELL. On that point, I have been waiting for an opportunity
to ask that the Senator clarify this. I thought he said the teacher
ratio in 1960, going back 35 years, was 1----
Mr. GREGG. To 26; 1 teacher to 26 students in 1960.
Mr. COVERDELL. In 42 States, it is 1 to 18 or better.
Mr. GREGG. Nationally, the average is 1 to 17.
Mr. COVERDELL. Which is the timetable during which this data has
gotten progressively worse.
Mr. GREGG. The Senator is absolutely correct. On a side point to
which the Senator is making an excellent allusion, it is very hard to
tie student-teacher ratio to improved student performance. Study after
study has been done on this, and, as a matter of fact, the University
of Rochester did a study of the studies done. There have been over 300
studies done on student-teacher ratio and whether or not that is a
determinative event in the education of a child, whether the education
of a child improves.
At the 17-to-1 level, it really is not. The University of Rochester
determined the most determinative event was the quality of the teacher;
surprisingly enough, it was not the ratio of the students to the
teacher. If there is a teacher of poor quality teaching 17 kids versus
26 kids, the only advantage is 9 kids are not getting a lousy
education. This study found it was the quality of the teacher that was
the determinative event, which brings us to our point.
Under our proposal, we say to the local school districts: OK, if you
need more teachers, if you want to reduce your classroom percentages,
you can do that; you can use the money for that; but if you want to use
it to improve your teachers' ability to teach, you can use it for that,
too. Or if you have really good teachers and the marketplace is trying
to attract them away from the school system--math and science teachers
are in great demand in the private sector these days, as are a lot of
teachers--then you can pay them a bonus to stay in the school system.
We took the teacher size categorical straitjacket the President and
Vice President Gore proposed, and we put that together with the
Eisenhower teacher training program and created the Teacher Empowerment
Act, which essentially says to local school districts: You have the
flexibility to use this to improve your teachers in any of three
different ways: Add more teachers if you want; give your teachers
better educational skills; or pay teachers a little bonus or incentive
to stay in the school and teach if they happen to be people you want to
keep on board. That is a difference of approach and a philosophical
difference.
Those are four items that reflect the difference in our themes, and
our themes, to reiterate, are these: We think, after 35 years, it is
time we focus on the low-income kids and it is time we expect the
schools in this country to deliver those low-income kids an education
that is going to give them a shot at the American dream. Unfortunately,
we have not done that as a society. The record is abysmal, and I have
cited countless statistics to support that. What we expect is a program
that is child centered, that is achievement oriented, that is flexible
and has accountability.
I again congratulate the chairman of the committee and members of the
committee who worked so hard on this. I look forward to the
continuation of this debate over the next couple of weeks.
I yield the floor.
The PRESIDING OFFICER. Under the previous order, the Senator from
Connecticut is recognized for 10 minutes.
Mr. DODD. I thank the Chair.
Madam President, we have before us this afternoon one of the most, if
not the most important pieces of legislation we will consider this
Congress, the reauthorization of the Elementary and Secondary Education
Act. I thank those who have been involved in this process over the last
number of months.
I regret at this late hour we are considering something as
fundamentally important as the Elementary and Secondary Education Act.
It is late in the spring. We have been allocated a few days on this. I
guess we will have 3 or 4 days this week and maybe a couple days next
week and then move on to other business.
I appreciate the fact we have some days here. Normally, with this
issue, given its importance in the national agenda, we would spend a
little more time on it. This is a 5-year program. We will not touch
this again for 5 years. Unlike other matters which come up every year,
this is a bill with which we deal once every 5 years.
I see my colleague present.
Mr. COVERDELL. Madam President, if the Senator will yield, I do not
believe there is any predisposition as to
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the length of the debate decided between the two conferences. What the
Senator outlines might well be the case, but it is certainly not
predisposed.
Mr. DODD. I thank my colleague for telling me that. I hope that will
be the result.
My point is, here we are on the first of May and our legislative year
is winding down. Not that we have done much these last two years; with
the exception of one or two things, the highlight of this Congress so
far might have to be the renaming of the airport. And now after
frittering away weeks on nominations and cloture votes on bills going
nowhere, we are bringing up ESEA.
Perhaps this will change with this bill--if there is any bill that
deserves our full and careful consideration, it is this one. Clearly,
we should be able to afford more than a few days for the most important
bill, the most important issue to the American public. We spent weeks
on renaming the airport; our children deserve at least this much.
Madam President, how does this make sense? It is certainly not the
way we have done education in the past. We have always had debates, but
we have always been bipartisan. The 1994 ESEA passed with over two-
thirds of our votes. Historically, education bills have come out of the
committee as overwhelming bipartisan. At least in my 20 years on the
committee--this may sound strange in this day and age, but we actually
had elementary and secondary education legislation come out of the
committee with unanimous support. It came to the floor of the Senate
and was adopted almost unanimously. Elementary and Secondary Education
legislation is not and cannot be about scoring points for the
election--it is about scoring points for our future, our children. We
must work together.
And there is much work to be done on this bill. But I do not think it
is too late, Madam President, to come together around a good bill, a
strong bill for America's children and schools. Let's take the time.
And frankly, I believe hidden below a layer of crass partisan policies
in the bill before us today, there are significant bipartisan
initiatives already in this bill we can build on.
Senator DeWine and I worked together over months to re-craft the Safe
and Drug Free Schools and Communities program to make it more
accountable and to focus the program clearly on programs of proven
success and that is included here in this bill. I have also worked with
the chairman of our Committee on some important but smaller initiatives
in this bill--the Magnet Schools program, the Character Education
Partnership initiative which I authored with Senator Domenici, the
Civics program which I authored with Senator Cochran, the National
Center for Gifted and Talented Education and initiatives to improve
Title I's preschool services.
Unfortunately, these efforts did not carry the day. Instead
bipartisanship was abandoned and we ended up with this product before
us today. But, hopefully, before this process is over maybe we can come
to some agreement on these issues.
As we start this effort, we should review some of the basic facts.
There are some 53 million children every day who go to school in
elementary or secondary schools in this country. Roughly 49 or 50
million go to school in public schools, and about 5 million go to
school in private or parochial schools. So our primary responsibility,
as a public institution, obviously, is to deal with public educational
institutions, where almost 50 million of America's children go to get
an education every day.
At the Federal level, we are responsible for about 7 cents on the
dollar in education; 93 cents on the dollar for the education of our
children at elementary and secondary schools is paid for by the States
and local governments.
So when we highlight all the problems that exist in our educational
system we should keep this seven percent in mind. There is no question
we should certainly look at what we may do to contribute to any of
these shortcomings. But frankly, it is less a function of what we do
here, and certainly far more of a function of what happens in our
respective States and communities.
That is a sad commentary. I do not like to make it. I wish it were
not the case. But the idea somehow that the 7 cents from the Federal
Government is the sole reason--sole reason--why 7,000 schools or 5,000
schools, out of the thousands, are failing out there, I think, is an
unfair allocation of the blame.
We need to look at how we spend the $15 billion dollars of federal
money we invest in schools. About $8 billion of that--half of it--is
all in one program, Title I, which we distribute right back to the
States and local communities through a targeted formula.
What we have tried to do, over the years, is to target this $15
billion of resources so it just does not become revenue sharing. I know
there are those who would support that. I know there are those who
would get rid of the Department of Education entirely and merely have
Washington become a turnstile: Send your money here; send the money
right back. You decide what you want exactly.
Some might say: I do not know why we bother with a turnstile. Some
may advocate just offering an amendment to eliminate the Department of
Education, eliminating the Federal Government's role all together and
leaving the money at the State. That is a point of view. I disagree
with it.
Our role is fashioning instead a national purpose, responding to
national needs and leveraging federal dollars. I believe most Americans
believe this is our role, too. They know education is a national
interest and that we have national needs and concerns.
Improving the quality of education for our poorest children, that is
a national need. I do not only concern myself with the well-being of a
child in Bridgeport or Hartford or New Haven. Obviously, I worry about
that as a Senator from my State. But I also recognize that my country
suffers if, in fact, a child in Tennessee or Vermont or Georgia or
Rhode Island or Texas, is failing in those States, then I think my
constituency also suffers.
I hope that is not a radical thought, the idea that as a national
legislature we are trying to determine what we can do to improve the
quality of education of children across the Nation, not just in our own
communities. That is a job of our local towns and our States. But as
national legislators, with the importance the American public has
placed on education, do we just make this a revenue-sharing program, or
do we try to speak as closely as possible with one voice about such
things as class size, the condition of the buildings in which America's
children learn, whether or not they are getting the proper support they
need in immigrant education, or in various other aspects of improving
the quality of children's performance levels?
I do not think it is so radical a notion that we, as a national
legislature, say that across the country these are things on which we
would like to see improvement.
And with all due respect, Madam President, I believe we owe our
children and our future something much better than the bill before us.
What we have here is another missed opportunity to respond to the calls
of children, parents, grandparents, teachers, mayors and community
leaders for real support to accelerate the pace and progress of change
in our schools.
There is no question, in its current form, the bill before us leads
to gridlock and, at best at the end of the day, more status quo in our
nation's schools. And the last thing our nation's schools need is more
status quo.
The process of school reform began here six years ago in the last
ESEA reauthorization. In 1994, we left behind forever policies based on
low expectations for our children and on checking the boxes and
measuring the inputs and revolutioned our policies to focus on high
standards for all children, aggressive state-based school reform,
accountability for results and responsibility for failure. And we have
seen results.
I listened very intently to my colleague from New Hampshire talk
about what has happened across the country in education.
If you are looking at 35 years, which he was, you get one set of
numbers. If you are looking at the last 6 years, there is a different
set of numbers.
Let me show you a chart of math scores on the National Assessment of
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Education Progress. These numbers challenge the notion that what we
presently have in place is not working.
If you take what these numbers represent on the chart, the bottom
numbers show the poverty levels in schools. So the first column shows
the most affluent schools in the country down to the poorest schools in
the country. In every single income category, there has been
improvement.
One of the largest levels of improvement are in schools where the
level of poverty is 51 to 75 percent. That is where the most dramatic
increase has occurred. Even in the poorest schools there has been
almost--not quite a doubling--but almost a doubling of improvement in
math scores in the last 4 or 5 years or 6 years.
Let me quickly add, these scores are still not good. There has been
improvement toward higher achievement--but we still have a long way to
go before we rest on any laurels. But there has been improvement
because of what we did in 1994 when we passed the Elementary and
Secondary Education Act. And not just math scores are up. We have seen
increases in reading achievement, particularly in the highest poverty
schools, fewer dropouts, and more college attendance.
But there has not been enough progress. Too many of our schools are
still failing--failing their students, their communities and us. I
believe we must push for reform. Reform must be faster, better and
targeted at those children most in need. The status quo is not an
option for failing schools nor for federal education policy.
The question before us today must be how to accelerate reforms to
increase student achievement further, to reduce the achievement gap, to
build on the lessons we have learned and to focus our resources on
programs that work. And what works?
As is often the case, it is the simple, meaningful things that make a
difference: Smaller class sizes; investments in recruiting, training,
and supporting teachers; modern, safe school facilities; after school
opportunities that provide students with enriched opportunities for
learning as well as safe, supervised care while their parents work;
and, real accountability in federal programs.
These are simple straightforward proposals to accelerate the pace of
reform in our schools. These are reforms that parents do not see as
Democratic or Republican--they simply see them as gaping needs in their
children's schools.
But instead of coming together around real change and reform, this
bill does nothing to move schools forward. In place of increased
accountability and resources, this bill proposes blocking granting
programs currently focused on areas of national need and concern and
transforming targeted programs into vouchers for private schools. Block
grants, one of the central policy ``initiatives'' of this bill, are no
prescription for change. Block grants offer no national purpose, no
accountability, they lessen funding and decrease targeting. They simply
support the status quo, more of the same.
When you just have a block grant--and I know there is an appeal to
block grants--you cannot, on the one hand, be for block granting
everything and then simultaneously demand greater accountability. If I
just give you a check and do not say, by the way, if I am going to
write this check for you, here are the areas in which I want results,
then how do I get any kind of accountability at the end of the day?
I see my time is expiring, so I ask unanimous consent for 1
additional minute to conclude my remarks.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DODD. If I just turn over a blank check to you, in effect, and at
the end of the day say, I now want you to be accountable for it--and I
have not demanded any kind of requirement where these dollars are
targeted--then you get almost zero accountability. That was the
experience we had for years. So we changed that--we focused on high
standards for all children and accountability for results. We targeted
resources and demanded a return on these investments.
What the present bill on the floor does is erase the bill of 1994, in
effect, and goes back to the past when we didn't have the
accountability and when achievement was sliding down rather than
tracking up. We know block grants don't work; we have tried them
before. They simply support the status quo. If that is good enough for
you, then maybe this bill is. But in my view, this is not just good
enough.
This bill also walks away from our public schools in supporting
voucher programs that would funnel much needed public resources to pay
for private schools. Madame President, public schools educate over 90
percent of the children in America. They are the foundations of our
communities, our economy and our democracy. We must not, cannot, walk
away from them like this bill does.
These policies are a recipe for failure for our schools--dollars
funneled away and frittered away on the status quo, less
accountability, less targeting to real need, less funding and more of
the status quo. These policies are tired, timid and dangerous for our
schools. Block grants and vouchers are proven failures--why should we
waste our time, our schools' time, our children's time and our
resources on them?
We will try to change that over the next 4 or 5 days in this debate.
I believe there is still hope for this bill. America's children and
parents are counting on it--and I look forward to rolling up our
sleeves and getting to work. We owe them and our own futures no less.
I yield the floor.
The PRESIDING OFFICER (Mrs. Hutchison). The Senator from Rhode
Island.
Mr. REED. Madam President, I believe, pursuant to unanimous consent,
I am to be recognized now.
The PRESIDING OFFICER. The Senator is recognized.
Mr. REED. I thank the Chair.
This is a very important debate about the course of educational
policy in the United States. It is important in many dimensions.
Typically, when we bring a bill to the floor on the Elementary and
Secondary Education Act, much of our discussion is about the mechanics
of the legislation. But this debate opens up broad philosophical topics
which we are confronting in the bill that is before us and the
alternative which Democratic Senators will offer.
There are basically two philosophies at play. The philosophy I bring,
and that I share with many of my colleagues on the Democratic side, is
that there is a very specific role for the Federal Government in
education policy. First, we recognize the primacy of State and local
authorities in the U.S. Historically, culturally, indeed,
constitutionally, State and local authorities govern educational
policy. There is a role, though, for the Federal Government. It is a
role we have played robustly since 1965; that is, to encourage
innovation at the local level while at the same time trying to overcome
local inertia so that together with this innovation, which comes from
below, and with support so we can overcome obstacles at the local and
State level, we can improve the education of our children and their
academic performance.
All of this leads to an approach which suggests that our role is
limited and targeted, particularly with respect to low-income students,
who historically have been denied the kinds of opportunities many other
American children take for granted. Also, we have a role to reflect
national priorities in educational policy, priorities that transcend
local feelings, regional approaches, and truly create a national
political and policy environment for education improvement. That policy
has been established in Federal law since 1965.
Today, we are confronting another philosophy. That philosophy,
stripped down to its core, is essentially revenue sharing. My colleague
from Connecticut suggested as much in his remarks immediately preceding
mine. That approach is to say simply that we have some money and let's
turn it over to the States. Underlying that approach is the presumption
that, of course, the States know what is best. But one of the ironies,
again alluded to by my colleague from Connecticut, is that if you are
justifying this change in philosophy and change of legislation by the
fact that American education policy is failing, what sense does it make
to give vast resources without conditions to those individuals and
institutions which control this failing educational policy? The
institutions
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that control educational policy are the States and localities. We
contribute, from the Federal level, about 7 percent of resources. It is
very limited and very targeted. Ninety-three percent of the resources
are governed by State and local law.
So if American education is failing, who is responsible for this
failure? And if the States and localities are responsible, why are we
about to embark on a legislative policy which would simply turn over
the money to them without any real check on how it is spent?
It is States and localities that determine how they raise funds.
Through history, they have been wedded to the property tax. In fact,
the property tax might be the most decisive reason why some school
systems succeed and some fail miserably. But that is a local
initiative, local policy, and local law. We wouldn't presume to change
that. Yet that has a decisive effect on American educational policy.
Who certifies teachers? It is the States, not the Federal Government.
If you are concerned about the quality of teachers in the classroom,
don't come here and blame us for requiring poor teachers to be in a
classroom. Don't come here and blame us for requiring shoddy school
buildings. There is no Federal law that requires that. It is a
combination of State policy and revenue measures that provide
inadequate resources for many school districts.
All of these things are under the gambit of State and local control.
What we have tried to do for more than three decades now is to find
points of leverage in the system where Federal resources and Federal
policies can make a difference to help spur innovation and to help
overcome the inertia we all see at the local level.
This philosophical debate will rage for the next several days on this
floor. It is an important debate. Again, I believe the policy we have
developed over several decades makes sense, given the realities of
educational policy in the United States. It recognizes the key role of
States, but it is not an exclusive role. It recognizes that the Federal
Government, in limited, targeted ways, can help improve educational
quality in the United States.
One of the key issues--indeed, it might be the fulcrum upon which
this whole debate turns--is accountability. All of those who propose
that we turn over resources will argue: But we are requiring more
accountability. I think this argument in some respects misperceives the
accountability that has already been built into Federal education
legislation and assumes the States and localities will act in all cases
wisely and well, when in fact history suggests that under the pressure
of local budgets, under the demands of local political forces, they can
be as irrational sometimes as any policy dictate from Washington.
Over the last several decades, we have endeavored to improve the
accountability of States and localities through principally the title I
program, accountability based on student performance. Back in 1988,
amendments to the Elementary and Secondary Education Act for the first
time got away from the simple accountability for finance which ruled
title I programs before and started looking at consequences for student
performance, tried to begin to develop the notion of standards-based
education and of holding States accountable for their title I students
and the use of Federal dollars.
In 1988, for the first time, we started talking seriously about
student outcomes and requiring evaluation of outcomes and improvement
in student achievement in the context of the title I program. The first
attempts back then were quite modest. The States were left to set the
standards, and the standards were often set too low. There was no real
enforcement of failure to conform to these standards.
Also, in 1988, and years subsequent to that, title I funds went to
schools determined on the basis of low student achievement, not based
on student poverty levels. As a result, there was this perverse
incentive essentially to give more money to schools that were failing
rather than to look at another dimension to measure how we could
allocate funds. The amendments in 1988 set the stage for action that
took place in 1994. That was the Goals 2000 legislation with which, as
a Member of the other body, I was deeply involved. And here we began to
build on a bipartisan effort, which was begun by President Bush in the
context of his educational summit, to develop goals for education in
the United States as we approached the new century. The Goals 2000
legislation tried to build on those goals.
One of the key elements was to try to, once again, enhance the
accountability for the Federal dollars going to the States and the
overall performance of the States. Part of the sensitivity to
accountability and to what was going on in the States was a result of
books such as Jonathan Kozol's book, ``Savage Inequalities,'' which
painted a very bleak picture of programs, particularly urban education
programs, and the distinct disadvantage that low-income students,
despite title I funding and State efforts, were still suffering in the
1980s.
Also, at that time, there was a range of court cases. The most
notable was in Kentucky, where the whole school finance system was
challenged as being inequitable and inefficient. In fact, Kentucky's
supreme court declared the financing in Kentucky schools to be not
supportable and unequal and something that had to be changed. As a
result, Kentucky took the lead in developing an equalized financing
program and comprehensive reform, and other States acted at the same
time, such as Massachusetts, Arkansas, and Tennessee. So this effort
was ongoing throughout the country.
In the context of Goals 2000, there was an attempt to develop
performance standards and the opportunity to learn standards, where for
the first time we were talking about the resources necessary for
schools and, most important, for children, to succeed. This was based
upon the commonsense notion that a child who has a teacher who is
unqualified and teaching out of their subject area, a child in a
program where there is inadequate facilities, a child that is not able
to participate fully in activities and advance in classes that are
common, indeed routine, in the suburbs, that child is not going to be
able to succeed as well as other children. We pushed very hard to
simply require the States to answer a fundamental question: After you
have identified a school that is failing, based on these outcome
standards, what will you do?
Frankly, my amendment, which was focused on this effort, caused
intense opposition because when you come down to the crunch, and try to
ensure schools are performing, there is innate opposition from States
and localities--they recognize tough actions will be required on their
part, and there is a natural tendency to resist those types of tough
decisions. In fact, not only did my Republican colleagues in the other
body object, the White House also objected to the scope of the
accountability that I envisioned. We moved forward with a concept at
least. It was moderated a bit in the final legislation. It required
that within the plan for applying for Goals 2000 funding, the States
would indicate in a modest way what they proposed to do with respect to
schools that were failing and systems that were failing.
Despite all of this discussion about accountability, Goals 2000 does
represent progress on voluntary standards and also an enhanced
sensitivity to the notion of making sure that programs work and are
accountable. Since its passage in 1994, over $2 billion has been
dispensed. Every State has participated, in a way. It has been useful
in helping to stimulate reform, to raise standards, and to try to
develop evaluations and assessments so we can know where we are in
education policy and improve education throughout the United States.
That is an example, in many respects, of how we can use Federal
legislation to help move forward the education agenda. I think it is a
very powerful example.
Contemporaneously with Goals 2000, in 1994, we reauthorized the
Elementary and Secondary Education Act, which we are beginning to
discuss again this week in the Senate. In 1994, we focused on ways in
which we could enhance the effectiveness of title I. We made progress
in streamlining the approach to title I, eliminating what we thought
were unnecessary regulatory burdens on school systems, but at the same
time focusing on high-quality standards and the notion that every child
can learn, and that title I is not simply a program to placate
students, teachers, and parents; it is a program to give them a real
chance to succeed--
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and the development of assessments that would measure the progress of
students.
We tried to target the resources more closely to low-income schools
and school systems because one of the criticisms of title I is that
everyone seemed to get a little piece. When the authorization came to
the floor, it was everybody trying to fight to make sure their system--
be it a poor or a suburban, middle income school system, or even a
rich, exclusive school system--got their little piece of the action.
We did target, much more appropriately, the title I program. Also,
again, we thought about corrective action, how to move this system
forward, how to identify schools that are failing, and how to make
those schools appropriately competent to teach children.
I offered an amendment to allow States to take corrective action
against any district identified as needing improvement and require such
action during the fourth year following the identification. My
amendment also gave a list of remedies the States could use. This
amendment was incorporated in the final version of the act. In fact, it
is this legislation that, for the first time, has allowed us to
identify schools that are not succeeding based on State standards. Back
in 1996 and 1997, it was estimated that there are 1,500 LEAs and about
7,000 schools that are not succeeding based upon their State standards.
The States have the authority--and, in fact, under title I, they have
the obligation--to take corrective action.
I believe all of this is an appropriate introduction to suggest that
we are, in fact, dealing with many of the issues that are prompting the
debate we have today--this notion that we are not paying attention to
accountability, this notion that schools in America are failing. In
fact, I suggest that because of the steps we took, starting with Goals
2000 and the last authorization of the Elementary and Secondary
Education Act, we are beginning to see progress. As Senator Dodd
indicated in his remarks, if you look at the statistics, we are seeing
increased performance in student mathematics achievements, as measured
by the National Assessment of Educational Progress, showing that all
three age groups--4th grade, 8th grade, and 12th grade--have shown
progress.
Indeed, black and Hispanic students have made significant gains, and
since 1982, racial and ethnic difference in achievement have narrowed.
Science achievement has also improved. We are also seeing increased
numbers of students taking high-level courses, such as algebra II,
trigonometry, chemistry, and physics. That is good because this level
of effort is so important to our educational progress. The selection of
tougher, more demanding courses, once again, cross racial lines, so
that we are seeing all of our students take more challenging courses.
So in one sense, what we are doing is working.
But in addition to this progress, last year we went further and
adopted the Education Flexibility Partnership Act because we were
listening to the complaints and comments of those who said: Listen, we
have to unburden even further these Federal education programs.
Ed-Flex, however, has not exactly been overwhelmingly embraced in the
country. There was an article in the Washington Post a few weeks ago
and, by coincidence, the commissioner of education of Rhode Island,
Peter McWalters, stated, ``I can get the flexibility I want under the
current opportunities.'' That was his reason why he was not interested
particularly in the Ed-Flex approach. It exists nevertheless. So those
who claim the reason we must essentially create block grants for the
States is because they don't have flexibility are ignoring the fact
that we did, indeed, pass the Ed-Flex legislation.
Also, as indicated by the Center on Education Policy and the
Institute for Educational Leadership, most State and district school
administrators fail to understand the inherent flexibility that already
exists under Federal law. They see it as barriers to change when, in
fact, there are no real barriers. For example, the Department of
Education reported that of the 617 waiver requests processed by the
fall of 1998, over one-third weren't necessary because the local
schools already had the authority under Federal law.
One of the other factors in this issue of flexibility and
appropriateness of Federal legislation policy is the irony that many
States' rules are more restrictive than the Federal Government's rules.
One-third of the States do not allow districts to consolidate
administrative funds, even though Federal law allows them to do so.
Federal law allows students to operate title I school programs to
combine funds for many Federal education programs. However, some States
require schools to account for all programs separately.
A lot of the purported burden of Federal rules is really a
consequence of State rules, which in some cases are not as flexible.
All of this suggests very strongly, at least in my mind, that we have
embarked on policies which are beginning to show some promise and which
have already instilled significant accountability devices within the
law that are targeted to national purposes and compensate for policies
and programs at the State level which historically did not reach low-
income children particularly and others who are typically without a
voice in many local communities.
But having said that, we approach this reauthorization with a common
commitment and a common understanding that we have to do much more. If
you look within the United States, we have made some progress. But if
you look around the world, we are still not at the level we need to be.
If you look at international assessments, our 12th graders score below
the international average in math and science, and achievement gaps
still remain between minority and nonminority students. We have closed
the absolute difference. But those gaps still exist.
In 1998, for example, 32 percent of students in the highest poverty
schools met or exceeded the National Assessment of Educational Progress
basic level in reading. But that is only half the rate nationally of
students in public schools. Dropout rates are much higher than the
African American and Hispanic community than the overall level. We know
we have to do more.
We also know that as a result of local policies, 30 percent of all
math teachers are teaching outside the field of their academic
preparation, and that percentages are higher in other academic areas,
as well as in high-poverty schools.
Once again, let me emphasize that this is not a result of Federal
policies. That is the result of local hiring practices. That is the
result of local certification processes. That is the result of
decisions made not in Washington but in State capitals and cities
throughout this country. Yet we have a national obligation and
opportunity to try to assist the States to change the disturbing
statistics.
We also want to insist again that we have appropriate outcome-based
standards for measuring performance of young people and making sure as
best we can that the States are meeting these obligations. We should do
that.
The approach this legislation before us takes is an approach that
essentially is moving away from all of this and saying simply let's
create block grants, turn them over to the States, and let the States
operate as they have in the past and as they will do without these
specific Federal conditions and guidelines.
There are two variations within the legislation. There is the 50-
State Straight A's. Then there is the 15-State Straight A's pilot
program, if you will, sponsored principally by Senator Gregg of New
Hampshire. But all of these approaches lack the quality and the
emphasis that I believe is necessary to continue the progress we have
made to date and to continue our appropriate robust Federal role in
education policy.
According to Amy Wilkins, who is with the Education Trust, an
organization that promotes higher achievement for poor and minority
students, I quote:
The accountability provisions in Straight A's are
meaningless window-dressing. The goals are too low, the time
lines are too long, and the sanctions too inconsequential.
In fact, Straight A's might take us way back before Goals 2000, and
the last reauthorization where we, as I suggested in my remarks, took
very strong steps with respect to accountability. In fact, some of us
would have
[[Page S3169]]
taken even further steps to improve accountability for Federal dollars
going to States to assist States overall in improving their educational
processes.
We have seen since 1988 attempts to increase accountability. In fact,
if you go back before 1988, it might reveal how States would react to
this new freedom that perhaps they may receive under this bill, an even
more chilling scenario.
My colleague from Massachusetts, Senator Kennedy, pointed out earlier
in the day some of the excesses we found when essentially the title I
program was a block grant with very few constraints. Money was being
used to build pools. Money was being used to buy band uniforms. Money
was being used for anything that the ingenuity and imagination of a
good school administrator could think of, given perhaps the fact that
the local community wouldn't fund it. But here is this Federal pot of
money, and I am ingenious enough to use it anywhere I can.
We might be headed in that direction once again, although history has
moved on a bit. The pressures at the local level are still there. The
budget pressures for school, the pressures to do things, and the
limited money to do them are still there in every school system.
The Straight A's program and the Straight A's scheme as proposed by
Senator Gregg would block grant funding to the States. We know in a
general way that block grants usually end up with a lack of
accountability and with a diffusion of purposes. We have seen this in
the maternal and child health care block grants. That has been
documented by outside observers, such as the Center on Budget and
Policy Priorities.
My fear is essentially that we will head in the same direction with
education funding.
First I want to make comments about the 50-State Straight A's.
It eliminates the targeting of funds to the truly most needy children
in our country--migrant children, children of immigrants, and homeless
students. Programs for these children are rolled into the larger block
grant.
It also would allow the States to proceed with an experiment for 3
years after which the Secretary of Education could terminate an
agreement if there is a determination that student achievement has
``significantly declined.'' Once again, what they mean by
``achievement'' is if the States are deficient. I expect, given history
as a benchmark, that States are not going to challenge themselves too
much, that their achievement is going to be modest at best, and it is
going to be awfully difficult to determine what ``significantly
declined'' means in fact.
If the Secretary makes this determination, he has to wait at least 2
more years before he or she can come in and put leverage on the States
to improve significantly.
In the meantime, you have a 5-year cohort of young people who are
moving in a system that might be headed precisely in the wrong way, and
there is very little we can do to change direction.
The other aspect of the 50-State approach of Straight A's is that the
State offers to participate in this block grant. The accountability
provisions, which as I indicated before are rather insignificant,
really apply only at the State level. A State could demonstrate
improvement according to their own definition. But they could do so by
simply aggregating the statistics statewide.
Once again, you have laws that focus on children who have always been
a part of our efforts at the Federal level--low-income children who are
historically disadvantaged. The goal of the States is performance
goals. Very limited local, let alone Federal, participation is provided
for in creating these goals.
In some respect, it might be the fact that the authors and proponents
recognize that local communities might be struggling with reform, and
we have to put it someplace. They have chosen the State level.
But that undercuts the argument we all make on this floor that local
control is paramount because the way this legislation is structured,
the States would be a decisive force in determining the goals and
determining the proper use to achieve those goals.
There is language, of course, to close the achievement gaps. But
there is no real requirement that these gaps be closed. We could
conceive of progress being made even though we still have significant
disparities between racial and ethnic groups. Parents are not
incorporated in the process as they should, in my view; that is, in the
Straight A's, 50-State process. If you move to the 15-State version,
that is even more objectionable from the standpoint of targeting, from
the standpoint of accountability, and from the standpoint of having an
appropriate Federal-State collaboration on issues that are important to
us in terms of educational policy.
In fact, targeting of federal funds to schools with the neediest
students would no longer be required. It is also a 5-year program, with
very little control in the States for 5 years. States get to do their
thing for 5 years.
After 5 years, there is no real penalty, if the States are not doing
well. The only time the Secretary could step in is if there were a lack
of substantial progress. Once again, the States are defining what
``progress'' is, and I am sure they will not raise the bar too high.
That has been my experience. And I think States keep the bar low
because that helps them assure, as best they can, they will be
successful.
It would also not require that all students in the State be
incorporated in the assessment. ``All students,'' as defined in the 15-
State version, simply means all students attending public or charter
schools that are participating in the State's assessment system. The
State could say, we are not assessing these children, and in effect
exclude a number of children from the assessment and, consequently,
from their evaluation of overall performance.
Then the money could be used for ``any elementary and secondary
educational purposes permitted by State law,'' which could be vouchers
and other programs which would undermine seriously not only Federal
education policy but public education in general.
There is a different approach to these two block grant proposals, an
approach that will be involved in the Democratic alternative. The key
element of that is the accountability provision Senator Bingaman is
introducing and I am cosponsoring. It builds on the record of
accountability I talked about before. It maintains current targeting
toward disadvantaged students and requires a single system of
accountability so you don't get into the fight between title I students
and other students. It specifies goals in terms of disaggregated
populations, and it requires the States to set specific numerical
goals.
So we are not talking about substantial progress or significant
progress. We are talking about picking a goal, working towards it, and
having a more objective measure of whether or not you are going to make
that objective.
It also requires the identification of those populations of students
who are not part of the State assessment so they cannot game the system
as under the 15-State Straight A's proposal.
It establishes significant consequences if the States fail to
respond. It requires States and districts to undertake corrective
action in those situations where the schools or the school systems are
not performing. It informs parents by having report cards for parents,
so they know what is happening. They know if their school or school
system is under a corrective action.
In effect, it does what I think we all want to do. It provides not
only the context but the consequences so that States will begin to
improve or build on the improvements taking place in education
throughout this country. We will begin to see not just progress
domestically but in those statistics internationally, which is at the
heart of so much of what we have talked about over a decade or more.
We have a lot to do to ensure our education policy is moving forward.
I believe very strongly that the approach adopted in the bill before
the Senate, the two block grants, will not do that. I think it walks
away from our commitment, particularly our commitment to low-income
students.
We know from statistics that seven times the resources of the Federal
programs go to low-income students than State programs. We also know as
we turn money over to the States, fully a third of the States are
embroiled in debates about how they spend the money themselves.
[[Page S3170]]
In my home State of Rhode Island, the State is being sued by suburban
communities who claim they are disadvantaged, that they don't get
enough State money, while at the same time, of course, in the urban
centers such as Providence and Pawtucket, there are 40 languages in the
school system and they have tremendous problems with new Americans
coming into the school system. They need more and more resources for
more programs to deal with populations that didn't even exist in my
State 10 years ago. This clash goes on and on.
It suggests to me that the States have real problems themselves
deciding how to allocate resources. Citizens of many States are
complaining bitterly about how it is done. Yet in Straight A's and the
15-State variation of Straight A's, we propose simply to turn over the
keys to the State and say: Do what you will.
I don't think that makes for good policy.
We also know if you look at block grant funding, it historically
declines. In 1981, we created block grants from some education
programs, and a few years later those programs declined significantly
by 12 percent. That is an example of what happens when we put things in
a block grant. The support for the programs dissipates over time. We
will find ourselves, particularly if we encounter a difficult budget
year at the Federal level, where this block grants approach does not
yield the kind of resources upon which States have come to rely.
We have a lot to do to ensure our education money is spent well,
spent wisely. I think we have taken appropriate action over the last
decade to ensure accountability--not just for financial resources but
also for outcomes, for student progress. We have to continue that. We
certainly don't want to go back to the days when school systems,
particularly in the late 1960s, were spending this money willy-nilly
because there was no accountability. We have examples replete from
programs I mentioned before.
In the late 1960s in Claiborne Parish, LA, they were building outdoor
swimming pools. In Benton County, MS, title I funded a 6-week course in
homemaking for 11th- and 12th-grade black girls at the old Salem
School, an all-black school. The homemaking course was conducted in
private homes 3 days a week for 4 hours each day. At the same time, at
the white high school, they were providing a summer school program in
English. A report done at the time suggested the young black women were
essentially being trained to be domestics, while the title I white
children were being trained how to read.
That might be a relic of history which in the new century is a quaint
anachronism, but it shows in particular places with particular
pressures, unconditional block grants could lead to results of which we
would not be particularly supportive. I think we can do better than
that.
I do not suggest this was a phenomenon in one region of the country.
In Massachusetts, in the same report, although they had a significant
minority population in the Boston public schools, they were turning
money back because they could not use this title I money. That suggests
to me, if they didn't want to use it, they didn't want to engage in a
serious way to improve every student's output.
We have before the Senate an opportunity not to avert our attention
and our efforts from school improvement, not to walk away from public
education, but rather to engage in a serious debate of how we can
improve existing Federal programs, how we can infuse these programs
with more purpose, how we can go ahead and prevent local pressures and
local priorities from overcoming what should be a national priority--
improving the education of every child in this country.
I look forward to this debate as it ensues. I look forward to
ensuring we have a vigorous debate on our policy. In the course of this
debate, we will offer amendments to try to improve the legislation. I
hope we will enter this debate recognizing what we have done over the
last decade, the fact that progress is being made, the fact that this
progress is insufficient, which should cause us not to abandon our
approach but to strengthen, reform, and improve it.
I ask unanimous consent to recognize Senator Murray after Senator
Bunning gives his statement.
The PRESIDING OFFICER. Without objection, it is so ordered.
In accordance with the previous order, the Senator from Kentucky is
recognized.
Mr. BUNNING. Madam President, this week we begin the debate on the
Elementary and Secondary Education Act, probably the most important
Federal program dealing with education in the Nation.
The Program needs to be reauthorized and that gives us several
options. We can tinker around the edges, make a few changes, put more
money in the pot, and maintain the status quo, or we can use this
opportunity to reform the program and try to make it better.
As far as I am concerned, if you look back over the past 35 years,
the choice between these two options is fairly clear.
Since 1965, the Federal Government has spent more than $120 billion
on title 1, the largest Federal education program at meeting the needs
of disadvantaged students. Despite this tremendous amount of money, the
performance of disadvantaged students continues to decline--77 percent
of children in high-poverty urban schools are reading ``below basic.''
Test scores of 12th graders in math, reading, and writing have
remained stagnant or have declined over the last 30 years. Fourth grade
students in high-poverty schools remain 2 grade levels behind their
peers in low poverty schools in math. In reading, they remain 3 to 4
grades behind. The achievement gap is now widening instead of closing.
Half the students from urban school districts fail to graduate on
time, if at all. Seven thousand schools are failing according to
current accountability standards. Many have been failing for 4 to 6
years, some have been failing for as long as 10 years. These schools
continue to receive Federal funds.
It is clear that the Federal education effort is failing, and it is
equally clear that our schools around the Nation are forced to pay a
heavy penalty for the Federal funds they do receive.
Burdensome regulations under the current Federal system have a heavy
price tag. We keep talking about the need for more teachers but fewer
than 50 percent of the personnel employed in 1994 were teachers.
Because of unnecessary Federal regulations, administrative staffs
continue to grow every year. Compliance with Federal rules and
regulations cost States millions of dollars, and millions of man-hours
each year.
The Federal Government only provides somewhere between 5 and 7
percent of local school funding, but it demands as much as 50 percent
of all school paperwork. That means 49 million hours--or 25,000
employees working full time--are spent each year working on redtape and
paperwork--not educating children.
Based on the facts, it is patently clear that status quo is not
enough. We need to reform, we need to overhaul this Federal education
program. It is not working the way it is supposed to be. It is not
getting the job done. And the bill before us this week does include
some major reforms.
This bill takes up where the Ed-Flex bill that we passed last year
left off. It would increase flexibility and local control, allowing
educators and teachers and parents to make the decisions about local
education needs rather than Federal bureaucrats.
What would best serve the students in Louisville, KY might not be the
same thing that is needed in Williamsburg. Individual communities have
different needs. Individual school districts differ--and their needs
differ.
We need to give local educators and parents the freedom and the
flexibility to develop local solutions to local needs without
handcuffing them to one-size-fits-all solutions designed in Washington.
We clearly need to reduce the cost of compliance with Federal
regulations so that the money we provide actually makes it to the
classrooms instead of being frittered away on paperwork and regulation.
We need to let teachers teach, and school administrators and parents
design programs that work. This bill does just that in several
important ways. Flexibility, accountability, and portability.
It includes a 15-State demonstration project called Straight A's
which would
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give States that choose to participate considerably more flexibility in
how they use Federal funds. It would allow States to consolidate up to
12 Federal formula grant programs and integrate that Federal money with
State and local funds to serve their children.
This bill would also establish ``performance partnerships'' that all
the States could participate in. It too, would offer States greater
flexibility in how they spend Federal education funds in exchange for
accepting new accountability standards.
This bill also contains provisions which would exempt small, rural
schools with small student populations from several formula grant
program requirements and give them the flexibility to target Federal
funds so that they best meet school district's needs. But hand in hand
with flexibility, there must be accountability. These new programs
established in this bill require that in exchange for this added
flexibility, the schools must meet certain standards. They must get
results. This bill would reward States that close the achievement gap
between the highest and lowest performing groups of students.
States not the Federal Government, would have to establish specific
goals for improving performance of all students, and parents could find
out whether their children's schools were meeting those goals because
States and local school districts would be required to issue report
cards on school performance. We have that in Kentucky, thanks to
educational reform. I think parents around the Nation deserve to know
which schools are educating children and which are failing.
Finally, this bill gives parents an opportunity to do something about
it, if their children's school is not getting the job done. It gives
them an opportunity to send their children to a different school--one
that is getting the job done. This bill creates a demonstration program
which will allow States to make title I funds portable--so that the
money follows the student. Too many disadvantaged children are trapped
in failing schools. This bill would allow children to escape.
The bill requires a school district to offer any child enrolled in
title I school that has been designated as failing for 2 years, the
option of transferring to another higher performing public school.
Flexibility, accountability, and portability--these three elements
are essential ingredients of the kind of reform that is necessary and
all three of them are incorporated in this legislation.
I urge my colleagues to support this measure. The status quo is not
working. It has proven that red-tape and regulation are not the
answer--that more money alone is not the answer.
Let's try something new: flexibility to let our teachers teach;
accountability to require our schools to get results; and portability
that will give parents more control of their children's education.
I congratulate Senator Jeffords and his staff and the committee for
the great work that they have done on this bill. As we debate this
legislation over this week, and probably into next, I want everybody to
come to the floor and debate the issues that are in this bill because
this bill is good for kids' education, and that is what the money we
send back to the States should be used for. I yield the floor.
Mr. JEFFORDS. Madam President, I thank the Senator for his excellent
statement. I know Kentucky has been a leader in this field. I
appreciate Senator Bunning sharing his experience.
The PRESIDING OFFICER (Mr. Fitzgerald). The Senator from Washington
is recognized.
Mrs. MURRAY. Mr. President, today we are beginning a vital education
debate. It is a debate in which every student, educator, and parent has
a stake. Schools across America are making progress, but we cannot be
satisfied with the status quo. We need to build on that progress.
As we begin this debate, I am optimistic. We have the opportunity to
help students across our country. We have the opportunity to invest in
things we know work and to make sure every student can reach high
standards.
I am optimistic, but I am also realistic about the way the majority
has handled education this year. While I thank Chairman Jeffords for
his genuine continued efforts to keep this a bipartisan process, I have
to be realistic because, in the end, this has been a sharply partisan
process, and the bill before us proves just that.
In committee, I worked with my Democratic colleagues to improve this
bill, to make sure we kept our commitment to reduce overcrowded
classrooms and to make sure that vulnerable students were protected.
Unfortunately, my amendments, along with most of the Democratic
amendments, were defeated on party-line votes. As a result, this bill
is a flawed bill, and it will hurt students, but one would never know
it by listening to its authors. I urge my colleagues and everyone who
cares about public education to listen carefully to what you hear the
Republicans say in this debate and also to listen for what you do not
hear them say.
The rhetoric the proponents of this bill are using does not match the
reality of the bill. First, they talk about local control, even though
this bill reduces the control of local educators by giving all the
choices to State bureaucracies. They will talk about local control,
even though their bill adds an extra level of bureaucracy.
Next, they will talk about flexibility and suggest that Federal
dollars are not flexible, but education dollars, such as the title I
program, today--right now--give local educators great flexibility. In
fact, one could walk into a dozen title I schools and no two schools
will be doing the same thing with that money because this program today
is flexible. Decisions at the school and district level are being made
today.
We will hear them talk about accountability, even though their bill
would experiment with students' futures for 3 years before there is any
measure of accountability. That is 3 full years where kids will fall
behind.
Finally, they talk about helping poor students, even though their
bill eliminates--eliminates--the guaranteed funding those students rely
on today. My colleagues will hear them talk about things that are much
different from what their bill actually does. Their rhetoric does not
meet the reality of this bill.
Just as important, there are many things my colleagues will not hear
them say. They will not talk about funding cuts, but as history has
shown, when specific programs are combined into a block grant, they end
up with fewer resources. Block grants will mean fewer dollars for the
classrooms next year.
They will not talk about how their bill will cut the lifelines that
target funding to students who are homeless or neglected or of migrant
workers.
They will not talk about how their bill will let public taxpayer
dollars be diverted to private and religious schools.
They will not talk about those things, but those are the consequences
of this bill. Their bill goes in the wrong direction, and students are
going to lose out.
Instead of making sure that every student has a chance to reach high
standards, the Republican proposal before us makes it easier for kids
to be left behind. Instead of ensuring we reduce class size, the
Republican proposal abandons our national commitment to give students
less crowded classrooms.
Instead of making a national commitment to improve teacher quality,
the Republican proposal fails to provide funding for professional
development.
Instead of ensuring that we invest in the things we know work, the
Republican proposal abandons accountability, writes a blank check to
State legislatures, and hopes for the best.
That is not a responsible education policy. That is throwing their
hands up in the air and walking away from proven methods for helping
our students achieve. The Republican proposal goes in the wrong
direction, and it will leave students behind.
I have been traveling around the State of Washington meeting with
parents, students, and educators. I have visited high-poverty title I
schools, and I have visited school districts large and small. As I have
been able to discuss how these policies will actually affect what is
happening in the classrooms, almost every single local educator has
urged me to fight this approach because they know it will hurt their
students.
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I have come to the Senate floor today to show the American people
what is at stake because they have a clear choice on how to improve
education. On the one hand, we have Democrats who know that, while some
schools are making great strides, we cannot be satisfied with the
status quo. We believe the way to improve public schools is to invest
in the things we know work, the things that are proven to help kids
learn the basics in a safe, disciplined environment.
We believe we should make a commitment to reducing class size by
hiring more teachers, improving teacher quality, making sure we have
safe and modern school facilities, and making sure children have safe
educational opportunities after school.
Educators, parents, and students themselves have told us these are
the programs that make a difference in their classrooms, and that is
why we want to make sure there are specific dollars behind those
programs. That is what the Democrats are offering.
Republicans go in the exact opposite direction. They say we should
have no priorities. They do not want to make any commitment to the
programs we know work. They do not want to make sure every student in
every part of this country can benefit from smaller class sizes and
improved teacher quality. It is as if Republicans have forgotten the
history of our national education policy, and by ignoring that history,
they are making the same mistakes again and moving us back to a time
when there was less equality in education.
One of the reasons this legislation was passed in 1965 was to ensure
that every single child had great educational opportunities.
Unfortunately, before the Federal Government became a partner in
education, too many young people did not get the educational resources
they deserved. That is why, in 1965, the Congress and the President
enacted this monumental legislation, the Elementary and Secondary
Education Act, which we are debating today, to focus resources on the
students who were left behind and to help us set and meet national
priorities.
We are making progress in improving America's schools. More students
are staying in school and taking challenging courses today. SAT and ACT
scores are up, dropout rates are lower today than they were 20 years
ago, and college attendance is at an all-time high, and is increasing
for all students, especially minorities.
We are making progress but we can't be satisfied with the status quo.
But today, some in Congress want to risk letting vulnerable students
fall through the cracks.
So as we reauthorize this legislation, we must stay true to its most
basic principle--that no child is left behind. But as we worked in
committee on this legislation, I watched as the majority moved away--
far away--from that very basic principle.
I would like to mention that--according the Republicans--the Straight
A's part of their bill is based on the policies of one State. And guess
which Sate it is. It is Texas.
Now I happen to like the State of Texas, and I know Texas educators
are as good as any in America. But there is only so much they can do
with the bad policies they have been given.
After all, Texas ranks 45th in SAT scores. That is at the bottom of
the pack. In Texas, minorities are twice as likely to drop out of
school as white students. Texas schools have some of the Nation's
highest dropout rates--which, by the way, makes the test scores of the
remaining students look higher. Texas, after all, is a State that
doesn't even require kindergarten. A recent Washington Post article
noted that many education experts have concluded the ``Texas Miracle''
is more of a mirage.
We should base our national education policy on the things that we
know work around the country--drawing success stories from educational
innovators in every corner of the Nation. And we can do better than the
one state the Republicans chose to highlight with this bill.
I would like to spend a few minutes talking about what these
Republican block grants will mean for students because block grants
could hurt America's most vulnerable students.
Today, many Federal education dollars are targeted to the students
who need them the most. This ensures that money intended for poor
students actually goes to poor students. It is a responsible,
accountable way to meet the specific needs of students who would
otherwise likely be left behind.
But the block grant proposal before us would allow those dollars to
be used for any educational purpose--completely abandoning the
targeting that ensures poor students get the help they need.
Recently, here on the Senate floor, one of my colleagues described
the requirements that Federal dollars can only be used for specific
purposes--as ``strings.''
Let me read you his entire quote, He said:
On the other side of the aisle, they want to have a string
running from every desk out to every classroom in America;
30,000 strings running off the desks, and pull a string here
and there so every classroom in America has to fall into
exactly what we outline in Congress.
My colleague calls the targeting of these dollars ``strings.'' I
served on a local school board. I think it is a good thing that hard-
earned taxpayers dollars intended for a specific purpose actually go to
that specific purpose. It is responsible, and it is accountable.
Now I do agree that some Federal programs require too much paperwork
and that we can't accept the status quo in education--but the overall
idea that money intended for kids in need actually goes to kids in need
is vital.
Let me give you an example. Recently, my office received a letter
from Brenda Pessin. She directs a program that helps students who are
migrant workers. These students rely on Federal education dollars
targeted to meet their needs. Ms. Pessin--as director of the ESTRELLA
program of the Illinois Migrant Council, wrote to me:
After many years of working on the program, I can say
without question that it is truly a lifeline for migrant
children and their families. There is simply no way that the
essential services provided by the program to this special
population--with such unique needs--will be continued under a
block grant.
My colleague calls them ``strings.'' But according to Brenda Pessin--
who sees every day how these programs help vulnerable students--they
are ``lifelines.'' I am inclined to listen to Ms. Pessin.
I want everyone to understand what these proposed block grants would
do. They would cut the lifelines to vulnerable students.
Let me say that again. Block grants would cut the lifelines to
vulnerable students.
If you look at this chart, shown here is a targeted Federal education
dollar. It is surrounded by some of the services it guarantees for
vulnerable students.
Shown here is an uncrowded classroom.
Shown here is transportation so homeless students can get to school.
Shown here is money targeted for technology training.
Shown here is extra time and attention from a qualified teacher.
And over on this side of the chart is shown two real students who
depend on these programs and who represent hundreds of thousands of
other students.
Shown up on top of the chart is Nikki. Nikki is an 8th grade student
in Pennsylvania who is homeless. She is normally an A and B student but
she was falling behind in two classes and at risk of failing 8th grade.
Furtunately, today we have a lifeline--shown right here on the
chart--going to homeless students. It is called the Education for
Homeless Children and Youth program. It is money the Federal Government
sends to States with the requirement that it be used to help homeless
students. This program provided the funding Nikki needed to get extra
help in the classroom and to buy the school supplies her family
couldn't afford. You know what. Today she is doing much better in
school.
Nikki is not alone. There are between 600,000 and 1 million homeless
students nationwide. Most States and localities provide no money for
homeless education. In fact, currently the Federal Government only
provides enough money to serve 37 percent of homeless students.
So right now we are not doing enough to help these vulnerable
students, but at least today we know that the dollars targeted to
homeless students are homeless students.
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If that targeting was taken away--and that money could be used for
anything else--who knows how students like Nikki would get help?
Block grants would eliminate the guarantee we make to Nikki right
now. Now I am not suggesting that States would misuse the money--but
wouldn't you rather keep our commitment to Nikki?
Wouldn't you rather know that--no matter what happens--the Nikki's of
America won't be left behind?
We know that before we had a Federal commitment, homeless children
were left behind.
That is why I am fighting to keep our commitment that money for
homeless students should go to homeless students.
Block grants would cut this lifeline to Nikki and the more than half
a million homeless students like her.
Down here on the chart is shown Ancelmo. Ancelmo is just finishing
high school in the Yakima Valley in Washington State. When Ancelmo was
growing up, his parents were migrant workers. They moved around several
times a year in search of work, and Ancelmo had to change schools every
time his family moved. Just as Ancelmo started to make a connection
with a teacher, and began to feel comfortable with his classmates, he
was moved away to another school, in another town--through no fault of
his own.
Unfortunately, sitting in a classroom is not always an option for
migrant students like Ancelmo. As they grow older, their families begin
to rely on the work they can do. Many migrant students join their
parents in the field--working long hours to help make ends meet.
Students like Ancelmo are trapped. His family needed him in the field,
but he needed to be in the classroom so he could get a good education
and improve his life and his family's life.
Fortunately, today, we have a lifeline going to migrant students like
Ancelmo. Thanks to the federally funded Migrant Education programs,
Ancelmo could travel from town to town or State to State and his
academic and immunization records followed him.
Thanks to Federal funding, many States have established a system of
interstate collaboration to help migrant students meet the high
academic standards. Without this collaboration, migrant children are in
danger of falling further behind.
Thanks to federally funded Migrant Education programs, Ancelmo has
been able to follow his dream of working with computers. He had to
overcome a lot of barriers--like learning to speak English, and staying
at school long hours to have access to a computer. But today--you know
what?--Ancelmo has achieved his goal, and he serves as the computer
technician for his entire school. Ancelmo hopes to go on to become a
telecommunications specialist.
Thanks to federally funded Migrant education programs, teachers were
able to work directly with Ancelmo and address his specific needs as a
migrant student. He was not lost in the shuffle. Because of this
attention to his specific needs, he learned quickly and gained
confidence in his abilities.
Ancelmo is now a great asset to his community. He is a leader in
church programs. He has served as captain of his football, baseball,
basketball and soccer teams. He volunteers in the Big Brothers, Big
Sisters program. He takes time to talk to children about staying away
from drugs, and he spends his summers as a peer leader for other teens.
One of the reasons we need a national commitment to migrant students
is because they move from town to town and State to State. I would hate
to think of what would have happened to Ancelmo if his family had moved
him to a State where there was no guaranteed funding for migrant
education. That would have hurt not only Ancelmo, but the other
students in his class who would be forced to do more with less.
Ancelmo's entire community would have lost out on his talent and
leadership as well because there would not have been any guarantee that
his schools would address his specific needs as a migrant student. He
would have fallen through the cracks.
Ancelmo is not alone. there are 718,000 students nationwide who
depend on the Migrant Education Program.
A block grant would eliminate the guarantee we make to students such
as Ancelmo. Now, I am not suggesting that States would misuse the
money, but wouldn't you rather keep a commitment to students like
Ancelmo?
Wouldn't you rather know that no matter what happens, these students
won't be left behind?
That's why I'm fighting to keep our commitment to vulnerable
students.
Block grants would cut this lifeline to 718,000 students like
Ancelmo.
Look at these kids. They are cut off from the lifelines that meet
their specific needs. That's what happens to them when block grants are
imposed on them. Their lifelines to vital services are cut, and they
are more likely to fall through the cracks.
So at the heart of this education debate is a simple question: do you
want to make sure that Federal dollars are guaranteed to go to the
students who need them the most? Or do you want to take a chance?
Do you want to cut students' lifelines to success?
Unfortunately, some of my colleagues say those dollars should not be
tied to specific programs, including these programs that make sure
money gets to students who are homeless and migrant.
Some Members of the Senate would even let public school dollars be
drained away into private schools.
Let me be clear: A block grant can't educate a single child. A block
grant can't teach a child to read. A block grant can't help a single
child learn the basics.
But a committed investment in the things we know work, such as
improving teacher quality and reducing class size, those specific
things can teach children to read. We should be investing in the things
we know work, not experimenting with block grants.
We have a positive plan to invest in the things we know work. The
first step is to make sure that disadvantaged students don't lose out.
The simple question is, is it worth keeping the guarantees to these
students? I think the answer is clear. I think Nikki and Ancelmo would
tell you: Don't cut the lifeline we depend on.
Unfortunately, students like Nikki and Ancelmo--and their parents--
don't always show up at school board meetings. They don't show up in
their State capital or here in Congress to say, Don't cut this program.
So we've got to be their voice and speak out against the block grants
that will cut their lifelines.
Mr. President, that is only one of the problems with the Republican
proposal. Another major problem with block grants is they mean less
money for the classroom. Right now, Republicans want you to believe
that they will keep the same amount of money available for education.
But when those dollars are combined into a block grant, we know they
will be cut.
Block grants mean less money for the classroom. You see, block grants
are not a new idea. They are an old and failed policy. One of the
reasons block grants don't work is because they don't serve a specific
purpose. And when there is not a clear purpose, it is hard to make
progress toward a goal.
That is why education policy today is targeted. We have programs that
are focused on poor students, on gifted students and on reducing class
size.
But Republican block grants have no specific purpose. In effect,
they're just a blank check. And the trickiest part about block grants
is they have a history of shrinking. Here in Congress, we have many
examples of programs that were turned into block grants. And once they
were turned into block grants, they were squeezed and cut every year.
Let me give you an example. Title VI is an education program that
funds innovative education programs including programs to increase
local flexibility, reduce administrative burdens, and provide services
for private school students.
In 1982, Congress provided about $708 million. But that year, Title
VI was turned into a block grant and over time its budget was cut again
and again. By 1999, funding for this program had been cut by 50
percent, chopped in half. That's fewer dollars for the classroom after
it was turned into a block grant.
In contrast, other education programs that weren't turned into block
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grants were increased, such as education technology and Title I. But
this one, which was turned into a block grant, was squeezed. That's
what we can expect out of block grants.
And the consequences of these block grants will be felt in classrooms
across the country. Kids will get fewer resources. That means that
classrooms across the country would be overcrowded. New schools won't
be built, and teachers won't get the training they need.
Anyone who votes for a block grant is saying: I know that under block
grants, students will end up with less money, and that's OK with me.
I'm here to say that is not OK. We can't let block grants be used to
cut education funding.
Mr. President, in addition to cutting the lifelines to vulnerable
students and cutting education funding, block grants would reduce
accountability.
Parents, teachers and all taxpayers want to know where their hard-
earned tax dollars are going.
Today, we know where Federal education dollars are going. And today,
we know they are targeted to the students who need them most. The block
grant proposal contained in the ESEA bill would eliminate that
accountability, and I'm on the floor to say we must keep our education
budget accountable.
Unfortunately, block grants provide no accountability for where
education dollars are going. Block grants provide no accountability to
ensure those dollars are targeted to our most vulnerable students. And
block grants provide little or no accountability for student
achievement.
In fact, the Republican proposal would engage a risky, three-year
experiment--an experiment that is not based on any proven strategies--
all with the hope that 3 years down the road, students will not have
fallen behind.
Let me be clear about one thing: While many schools are making
dramatic gains, we cannot be satisfied with the status quo. We need to
make sure all students are achieving at high standards.
So the question is: What's the best way to improve public education?
After my own experience as an educator, a parent and a school board
member, I've seen that making an investment in the things we know
work--reducing classroom overcrowding and improving teacher quality--is
the way to improve public education.
Today, the Federal Government provides only 7 percent of all
education funding. The Federal Government's role is small. But we
Democrats want to make sure that every one of those Federal dollars are
going where they will help students the most. That means making sure
they remain targeted to vulnerable students and investing in reducing
class size, improving teacher quality, helping school districts build
new schools and modernize old ones, and closing the digital divide.
Even though the Federal Government only provides 7 cents of every
education dollar, we know where that money goes.
We can tell parents how many children are being helped by specific
programs. This chart shows how many students are served by specific
programs and who will lose under the block grant provisions of S. 2.
For example, who will lose? Mr. President, 12.7 million children in a
title 1 program; 71,300 parents and students, or 32,000 families, will
lose in the Even Start Program; 197,000 students in the Neglected and
Delinquent Youth Program; Class Size Reduction Program, 29,000 teachers
and 1.7 million children. The list goes on.
Under all of these programs, we see millions of real students who are
going to lose out under block grants.
Republican block grants would take all of these vital programs, pool
the money together, and then write a blank check to the States, with no
accountability. Today, we know where our tax dollars are going. But
under block grants, we could not even tell taxpayers where their money
was going. That is not responsible accounting budget, but that is the
approach the Republicans are taking.
The other side thinks Federal dollars should not be targeted to meet
specific needs. But many educators have told me that if these dollars
were not targeted, the kids who need them the most would not get them.
Block grants provide no focus on proven, effective strategies to
improve schools. States could even start private school vouchers that
would drain funds away from public schools, where 90 percent of the
students are enrolled. They would take the money from these programs
and they could use it for that under this bill.
When it comes to accountability, Federal education dollars are seven
times more targeted to poor students than State and local dollars. That
targeting ensures that poor kids have the resources they need.
Unfortunately, the first thing block grants will do is eliminate that
targeting. It's not hard to predict the results--poor students will end
up with fewer resources.
Today, we know money is targeted to poor children. We have
accountability. Under block grants, we don't know. There's no
accountability to meet the needs of poor students.
Next I'd like to turn to student achievement because, unfortunately,
the Republican block grant proposal requires little or no
accountability for better student achievement. The bill does not define
what, if any, consequences schools would face if they fail, nor does it
specify when failing schools would face consequences.
A state would be free to ignore failing schools and the disadvantaged
students who attend them. Only after 3 years are states held
accountable for educational results. And even then, the accountability
is weak--it just says that states must follow the underlying law. By
that time, students have lost three critical years of learning.
Mr. President, this Republican Congress would take students across
the country on a three-year experiment that is not based in proven,
effective strategies, that will cut the lifelines to vulnerable
students, and that will mean less money for the classroom, and less
accountability to taxpayers. That's not a sound education policy--
that's a disaster waiting to happen.
Under the Republican experiment, there will be no guarantee that
money for poor students will go to poor students. Under their
experiment, there will be no guarantee that money will go to the proven
strategies that help students.
They would have us experiment like that for three years, and then
we'll see what happens to the students. Anyone looking at that proposal
can see poor kids are going to fall behind when resources are no longer
targeted to them.
Democrats want accountability in education programs. We think we need
to be able to tell taxpayers where their hard-earned tax dollars are
going. We think we need to be able to tell taxpayers their money is
being targeted to the most critical needs. And we think we need to be
able to show taxpayers that students are improving. And we don't think
we can take three years of a child's education and experiment with that
critical time, when students need to master the building blocks of
learning.
Today, we know where tax dollars are going. Under block grants, we
don't know.
Today, we know money is targeted to critical needs. Under block
grants, we don't know.
Today, we know public tax dollars will stay in public schools. Under
block grants, we don't know.
Under the Republican bill, we would experiment for three years and
hope students don't fall through the cracks.
That's why we're against this proposal. Democrats want to keep our
education dollars accountable. I urge my colleagues to reject block
grants and stand up for accountability.
So, Mr. President, that's the Republican agenda: block grants and
vouchers, cutting lifelines to vulnerable students, less money for the
classroom, and less accountability to taxpayers.
Parents, teachers and students have told us that agenda won't help
all students reach their potential. They want us to invest in the
things they know make a difference in the classroom--proven, effective
strategies like reducing overcrowding.
Two years ago, we agreed on a bipartisan basis that we would help
school districts hire 100,000 new, fully-qualified teachers to reduce
classroom overcrowding.
This year, 1.7 million students across the country are learning in
classrooms that are less crowded than they were
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the year before. These students are learning in classrooms where
teachers can spend more time teaching, and less time dealing with
discipline problems. These students are getting the individual
attention they need to learn the basics.
During the upcoming debate, I plan to offer an amendment to this bill
to authorize the class size reduction program. This program has been so
successful and we should authorize it so that it can help every student
in this country reach high academic standards.
Throughout my state I've heard from superintendents, principals,
teachers, and parents that reducing class size is really making a
difference. We can't abandon this commitment to our schools!
Don Worley, of Kettle Falls Elementary School in Washington State
recently told me:
The class size reduction program is one of the best things
for kids from the federal government in a long time--reading
scores are up and this is really making a difference.
I ask my colleagues on the other side of the aisle, why would you
want to abandon an effort like this when it's really making a
difference?
The first grade teachers at Eisenhower Elementary School in the
Vancouver School District recently sent me a list of how smaller class
size is making a difference in their school.
They said the following things--
``Each student receives significantly more one-on-one help for
academics and behavior.''
``More curriculum is covered in all areas.''
``Students are leaving the classroom with the ability to read.''
``Students have less ``wait time'' for all kinds of teachers
responses.''
``More time is available to really get to know the student.''
And ``less paperwork leaves more time for students.''
Those are the words of teachers, who are telling us this is making a
difference.
That's why I plan to offer an amendment that would provide $1.75
billion to our schools to reduce class size in grades 1 through 3.
This amendment will target the money where it is needed within
states, and 99 percent of the funds will be disbursed directly to local
school districts on a formula which is 80 percent need-based, and 20
percent enrollment-based.
The class size reduction program will ensure local decision-making
and flexibility. School districts can use all funds to reduce class
size, or use up to 25 percent for other needs.
Any school district that has already reduced class size in the early
grades to 18 or fewer children can use funds: to further reduce class
sizes in the early grades, to reduce class size in kindergarten or
other grades, or to carry out activities to improve teacher quality,
including professional development.
In small districts where the funding level is not enough to hire a
new teacher, districts can choose to spend the funds on other
activities, such as professional development, recruitment, testing new
teachers, or providing professional development to new and current
teachers of regular and special needs children.
Mr. President, if you look just in my state at how different school
districts are using their class size money, you can see how flexible
the program is.
In Washington, the North Thurston School District is using all of
their money to hire teachers to reduce class size. At the same time,
the Pomeroy School District, which is a rural district in Eastern
Washington, used 100 percent of their funding for professional
development for their teachers. The Seattle School District even used a
portion of its funding to recruit teachers.
The class size reduction program is simple and efficient. School
districts fill out a one-page form, which is available on-line.
And let me just add that teachers have told me that they have never
seen money move so quickly from Congress to the classroom. Linda
McGeachy in the Vancouver School District recently said: ``the language
is very clear, applying was very easy, and these funds really work to
support classroom teachers.''
Mr. President, I've worked as an educator, and I know it makes a big
difference if you have 18 kids in a classroom or if you have 25 or 30
kids in a classroom. Smaller classes provide a better environment for
kids to learn the basics with fewer discipline problems.
And smaller classes are an example of how Democrats are making a
commitment to improving public education.
Republicans won't make that commitment, and the American people are
going to get to decide which approach will help students more.
We believe that we should put our money behind the things that local
educators tell us produce results. We believe that we should keep our
commitment to vulnerable students. We believed that we should keep
education dollars accountable. And we believe that we shouldn't let
block grants shortchange students.
If you agree that we can't turn our backs on vulnerable students and
critical needs, if you agree that we can't break our commitment to the
things that are improving America's schools, and if you agree that we
can't let block grants cut education funding and hurt students, I
invite you to join our effort--along with thousands of parents and
educators across America--to reject block grants and finally make a
real, national commitment to the strategies that are revolutionizing
America's schools.
Join us in this effort--let your Senators know they should reject
block grants and instead support smaller class sizes, safe and modern
schools, and high-quality teachers. Students across America are
depending on it.
Mr. JEFFORDS. Mr. President, I thank the Senator from Washington for
sharing her valuable experiences with us and for her statement.
I believe we have one more speaker who desires to speak before we
close out. I ask that she be recognized.
The PRESIDING OFFICER. The Senator from Arkansas.
Mrs. LINCOLN. Thank you, Mr. President.
I rise today, as have others, to talk about an issue of paramount
importance to this Nation, and possibly the most important issue we in
the Senate will face this year--how we educate our children.
I only hope that we in the Senate are big enough to rise above the
partisan politics to get results on behalf of our children. We in the
Senate have a difficult task before us of passing legislation that
reauthorizes the Elementary and Secondary Education Act which
determines how the Federal Government allocates money to our public
schools.
Unfortunately, all signs to date point to yet another political
stalemate on an issue of vital importance to our nation and its
children. Once again, Mr. President, we face the real possibility that
the Senate will abandon its responsibility to govern and choose
partisan politics over sound public policy.
I reject this proposition because our children deserve more from
their elected officials. In hopes of fostering a compromise on this
contentious issue, I have joined with a group of my moderate Democratic
colleagues here in the Senate to promote a ``Third Way'' on ESEA, one
that synthesizes the best ideas of both sides into a whole new approach
to federal education policy.
We're calling this bill the ``Three R's'', and it is a bold effort at
streamlining massive Federal education programs and refocusing them on
raising academic achievement.
At its core, this blueprint will give more funding and flexibility to
states and local school districts, in exchange for greater
accountability.
In addition to being smart national policy, the Three R's proposal
would dramatically improve education in my home state of Arkansas.
As I noted earlier, the Three R's bill significantly increases the
federal investment in our public schools and carefully targets those
additional dollars to the neediest public schools.
As my colleague who spoke before said, there are those out there who
we cannot just leave to chance.
Statistics consistently demonstrate that, on average, children who
attend low-income schools lag behind students from more affluent
neighborhoods.
This is certainly true in Arkansas where the most recent test results
indicate that students in the economically prosperous northwest region
of the
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state outperform students in the impoverished Delta . . . These results
also indicate that the disparity in student achievement between
minority and non-minority students in Arkansas continues.
I believe strongly that every child deserves a high-quality education
and that the federal government has a right to expect more from our
nation's schools. But we also have a responsibility to give public
schools the resources they need to be successful.
Another aspect of the current education framework that affects
Arkansas is the prevalence of competitive grant funding programs.
Unfortunately, rural states--and especially rural school districts
similar to where I grew up--do not have the resources necessary to be
successful under a competitive grant system.
Simply put, economically disadvantaged schools don't have the ability
to chase after federal dollars as effectively as schools who can afford
to hire professional grant writers. As a result, many of the schools in
my state that most need financial support from the federal government
are too often out of luck.
Under the Three R's bill, federal funding is allocated based on total
student enrollment and the number of low-income students in the
district, not on the ability of savvy grant writers to draft proposals
with graphs and color charts.
Under our bill, Mr. President, these schools would be guaranteed
federal funding which they could use to address their most pressing
problems. And they will be held accountable; schools will be forced to
make improvements or suffer consequences.
Mr. President, we will certainly hear this week from people
representing both sides of the debate about how to improve public
education. But the question we need to ask: who is representing our
children? Who is representing the thousands of young Americans who
continue to underperform academically year after year in an educational
system simply that does not work for the students who are left behind?
As we go through this debate this is the question we must ask
ourselves--what, honestly, is the best thing for our children?
I say to my colleagues, you want accountability from local schools?
Our proposal has it.
You want more targeted, effective national investment? Take a look at
our Three R's bill.
Do you want qualified, better-trained teachers, flexibility at the
local level and higher minority-student retention rates? We have the
answers in this bill--a commonsense approach.
Put party politics aside. The ``Three R's'' is the right approach to
improve student achievement in every classroom.
Congress must do all it can to help our schools meet the challenges
they face today and will face in the future.
We must do all we can to help our States and local school districts
raise academic achievement and deliver on the promise of equal
opportunity for all students. But I will say our most important
responsibility is to our children and to their future.
I thank my colleagues for their attention and patience this evening,
and for all of the hard work that both of these two legislators have
done in this field of education.
I yield the floor.
Mr. JEFFORDS. I thank the Senator for her help and participation and
also for her statement.
Mr. FRIST. Mr. President, the revolutionary idea that tomorrow might
be better and that man can do something about it is distinctly
American. At the heart of self-improvement is a quality education.
The purpose of a system of public education is to give every child an
equal opportunity for success in life whether his parents are rich or
poor, black or white. In order to ensure that every student has a solid
base of knowledge from which to build, we must have high expectations
and hold schools accountable for the performance of their students.
The American people and most members of Congress are in agreement
that America's schools are not meeting this challenge. In fact, the
longer our students attend school the further behind they fall in
performance. More federal programs are not the answer. During the past
three decades while student performance has stagnated, federal programs
have proliferated. Today, our schools deny our children the basic
principle of opportunity because they fail to adequately equip them for
the future.
What we need is the courage to change. America has always met the
challenges posed to it with innovation, creativity and ingenuity. So
far, in the education debate, we have been denied the opportunity to
tap into this resourcefulness. As a consequence, our students have been
short-changed by the focus on a top-heavy education establishment
rather than on the quality of their education. Business-as-usual is
failing our children.
Unfortunately, for too long, our system of federal education programs
has failed to provide all students with the opportunity for a quality
education. We have left generations of students behind while we focused
on inputs and rode the wave of education trend after education trend.
First it was ``whole language,'' which has now been repudiated as a
singular method for teaching reading. Unlike other subjects, we have
firm, scientific evidence on how children learn to read and what
techniques teachers can employ to ensure that children learn how to
read by the 3rd grade. Instruction grounded in phonics has been shown
to be the most effective means of reading instruction.
The newest trend, the ``new, new math'' programs that the Department
of Education has endorsed, have been repudiated for their ``serious
mathematical shortcomings'' by 200 mathematicians and scientists,
including four Nobel laureates.
And all this because the federal government knows best.
The response to stagnant test scores and a widening gap in
achievement levels between poor and non-poor has been to spend more and
more money on more and more programs--each targeted to address a
specific purpose that the federal government has deemed most important.
I learned through my work as the chairman of the Budget Committee
Task Force on Education that there are approximately 552 federal
education programs. The Department of Education administers 244 of
these programs, and even if you count only those ``providing direct and
indirect instructional assistance to students in kindergarten through
grade 12,'' the GAO found that there are still 69 programs.
Among these programs, overlap is pervasive. In my office, we
call this chart the ``spider web chart.'' This chart, prepared by the
GAO, shows that 23 federal departments and agencies administer multiple
federal programs to three targeted groups: teachers, at-risk and
delinquent youth, and young children. For early childhood, for example,
there are 90 programs in 11 agencies and offices. In fact, one
disadvantaged child could be eligible for as many as 13 programs.
In addition, the effectiveness of many of these programs is doubtful
or unknown. The GAO has expressed concern that the Department of
Education does not know how well new or newly modified programs are
being implemented, or to what extent established programs are working.
The efficacy of Title I also remains uncertain.
According to the National Assessment of Educational Programs, 77
percent of children in high-poverty urban schools are reading ``below
basic.''
Test scores of 12th graders in math, reading and writing have
remained stagnant or declined over the last 30 years and our 12th
graders score near dead last in international comparisons.
Fourth grade students in high-poverty schools remain two grade levels
behind their peers in low poverty schools in math. In reading they
remain three to four grade levels behind. Contrary to the original
objectives the ESEA program was designed to address, the achievement
gap is now widening.
Half of the students from urban school districts fail to graduate on
time, if at all.
Seven thousand schools are failing, according to current
accountability standards. Many have been failing for 4 or 6 years, in
some cases even 10 years. Despite their long history of failure, these
schools continue to receive federal funds.
Lastly, it should come as no surprise that so many programs and so
much
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confusion comes at great cost. Critics of the education establishment
note that although federal funds make up only 7 percent of their
budgets, they impose 50 percent of their administrative costs. As one
concrete example, Frank Brogan, Florida's Commissioner of Education,
has reported that it takes 297 state employees to oversee and
administer $1 billion in federal funds. In contrast, only 374 employees
oversee approximately $7 billion in state funds. Thus, it takes six
times as many people to administer a federal dollar as a state dollar.
Brogan went on to say:
We at the State and local level feel the crushing burden
caused by too many Federal regulations, procedures, and
mandates. Florida spends millions of dollars every year to
administer inflexible, categorical Federal programs that
divert precious dollars away from raising student
achievement. Many of these Federal programs typify the
misguided, one-size-fits-all command and control approach.
Most have the requisite focus on inputs like more regulation,
increasing budgets, and fixed options and processes. The
operative question in evaluating the effectiveness of these
programs in usually: How much money have we put into the
system?
Cozette Buckney, Chief Education Officer, of the Chicago school
system echoed the sentiments of many state and local officials:
Excessive paperwork is a concern. Too many reports, the
time lines for some of the reports, the cost factor involved,
the administrative staff just do now warrant that kind of
time on task. That is taking from what we need to do to
make certain our students are achieving and our teachers
are prepared.
Today, we have the opportunity to reverse these trends and to
fundamentally reform our federal education system.
Today, we are unveiling a plan that reflects the spirit of
innovation. At the core of this innovative effort is the need to
galvanize leadership at the state and local level and to hold this
leadership accountable.
The bill that we have before us here today is a good first step in
that direction.
We focus on student achievement, centering on children, quality
teachers, school safety, flexibility, and local control.
One, instead of inputs, our focus is on outputs--student achievement.
We believe that federal programs should hold states and school
districts accountable for closing the achievement gap that persists
between low-income and non-low-income students and minority students
and non-minority students.
Many blame the achievement gap that exists between groups on
demographic and socioeconomic factors. This is the soft bigotry of low
expectations.
Many schools and school districts with high populations of low-income
students increased student performance. In San Antonio TX, over 75
percent of the students are from low-income families at the Terrell
Wells Middle School. The School increased student performance by 40% in
reading from 49.2 to 89.9 percent performing at proficient levels and
by nearly 60 percent in math within just one year 19.1 to 76.2 percent.
Instead of sending states money year after year with no regard for
results, we hold states and school districts accountable for the
academic achievement of their students. Again, accountability is not
focused on how schools and school districts spend the money, but how
students perform as a result.
Schools that succeed in educating children should be rewarded.
Schools that fail again and again must be held accountable. And parents
deserve to know which schools are educating children and which are
failing.
Accountability systems based on results raise the academic
achievement levels of all students. Texas and North Carolina both have
serious systems of accountability for teachers and schools, and not
coincidentally, have been named two of the best performers in closing
the achievement gap based on National Assessment of Educational
Progress results.
There is no excuse for failure. Principals of low-income schools
throughout the country are proving that poverty is no excuse for
failure.
Two, S. 2 focuses on the child rather than the system. Parents, not
school systems, should be empowered to make decisions about which
school a child attends.
It is wrong to compel a child to attend a failing school. Needy
children must be given the opportunity to attend a high performing
public school.
In no other area of American society do we deny Americans the freedom
to make choices that affect their well-being. Yet we require many
parents to keep their students in schools which not only fail to
educate them, but cannot even guarantee their safety.
According to Arthur Levine, President, Columbia University Teachers
College: ``. . . to force children into inadequate schools is to deny
them any chance of success. To do so simply on the basis of their
parent's income is a sin.''
We must empower parents to choose what is best for their children
and, as a consequence, to reform our nation's public education system.
As John Dewey said, ``What the best and wisest parent wants for his
child, that must be what the community wants for all its children. Any
other ideal for our schools is narrow and unlovely; it destroys our
democracy.''
Children should no longer be trapped in failing schools. Parents of
children in failing schools should have greater and more numerous
opportunities to send their children to a higher performing school.
Under the Title I system of accountability, over 7,000 schools have
been identified as failing and that number is expected to grow. Of
those 7,000 schools, many have been identified as failing for 4 years,
6 years, some even for 10 years. Any and every child in one of those
should be granted access to better schools.
Three, S. 2 reflects the importance of quality teachers. According to
Tennessee's very own Bill Sanders, a professor at the University of
Tennessee, teacher quality has a greater effect on student performance
than any other factor--including class size and student demographics.
``When kids have ineffective teachers, they never recover.''
Every child deserves to learn from a high quality teacher--a teacher
who is competent in his/her subject area, cares about his/her students,
and demands academic excellence.
Every child's teacher deserves expanded opportunities for additional
training as education reforms raise the standards of achievement for
students. We expect schools to ensure that all of their teachers are
proficient in their subject areas and are equipped with the skills and
knowledge necessary to help students meet high standards.
Currently, more than 25 percent of new teachers enter our nation's
schools poorly qualified to teach.
In Massachusetts alone, 59 percent of incoming teachers failed the
basic licensing exam. Forty-four percent of incoming teachers failed a
10th grade level competency test.
Fifty-six percent of those teaching physics and chemistry, 53 percent
of those teaching history, 33 percent of those teaching math, and 24
percent of those teaching English do not have a major or minor in the
field in which they teach. In inner-city schools, the statistics are
even worse. Inner-city students have only a 50-50 chance of being
taught by a qualified math or science teacher.
Four, school safety is another important component of our bill. Every
child deserves an environment that is free of danger and distractions
to learning, and where learning is the primary goal. When drugs and
violence threaten the classroom, the first victim is learning.
Five, and perhaps most important, this bill recognizes the importance
of flexibility and local control. Parents, community leaders, local and
state governments, and not the federal government know best the
education needs of their children. All across America states and local
communities are implementing innovative solutions to our education
challenges.
Indeed, in a recent editorial by an educator and a former Senate
majority leader in the state of Maine, Bennett Katz decries the latest
attempt by the administration to micromanage school spending priorities
from Washington DC. With regard to the President's class size
initiative, he says:
I would opt for [the money] to meet Maine's most pressing
education needs as we see them--not as identified by
Washington, D.C. politicians. That's the trouble with
Washington people dreaming up wonderful programs to be paid
for with our tax dollars. We know what our top needs are . .
. ask our very savvy commissioner of education. If
Washington's lofty thinkers are awash with
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surplus dollars, they should not try to tell us how to spend
them on their priorities. If the US Department of Education
is so smart, take a look at how successful they are in
running the schools in the District of Columbia.
States and local school districts are innovative. Without question,
it is states and localities that today are serving as the engines for
change in education. The groundwork for success is already in place at
the local level--teachers, parents, principals, and communities
demonstrate on a daily basis the enthusiasm and desire to succeed.
However, flexibility at the state and local level is critical to the
success of our schools.
But along with the resources, the federal government must also give
states and localities the freedom to pursue their own strategies for
implementation. With respect to education, tactics and implementation
procedures are virtually dictated by the federal government.
Rather than working closely with the states, the Congress created 70
new federal education programs in the 1980's. President Clinton,
thinking that 552 federal educational programs are not enough,
suggested 14 more in his fiscal year 1999 budget proposal. The
rationale for expanding an already overly large and burdensome federal
education establishment is simply not discernible. Instead, the states
should have the flexibility to put together state strategic plans under
either the Straight A's program or the Performance Partnerships
program. Under such a plan, the states would establish concrete
educational goals and timetables for achievement. In return, they would
be allowed to pool federal funds from categorical programs and spend
these consolidated resources on state established priorities.
Paul Vallas, the Chief Executive Officer of the Chicago school
system, explained the crucial elements of the bold reforms that he and
his colleagues have been making in Chicago. He didn't have more money
to work with. What he had--and has made highly effective use of--was,
in his words, ``flexibility with money and work rules, high standards
and expectations, accountability from top to bottom . . . and a
willingness to take advantage of options.''
Vallas went on to say:
[Another] key to our success has been flexibility. We are
fortunate to have a great deal of control over the allocation
of resources. In Chicago, almost all of the tax levies for
the schools are consolidated. The revenue comes right to us.
In addition, our categorical grants from the state are
consolidated into two block grants--one for regular education
and one for special ed. We decide how all this money is
spent.
* * * because the state has given us all our funds in block
grants and has basically said, ``Here's your money--you
decide how to spend it,'' I have been able to reallocate
about $130 million into our classrooms and to generate about
$170 million in other savings.
As we all know, there is no more important issue today than
education. Some of my colleagues across the aisle have a whole array of
programs that they think will solve the problem. Among their many
amendments, I have counted at least 12 new programs that range from $50
million to $1.3 billion. For many of you, more money and more federal
education programs are the answer to all our nation's education woes.
Of course these programs sound good--but will they really do any good?
More money or an additional program is often a surrogate for the
structural reform that American education needs. Structural reform,
change--this is what many in the education establishment fear. Instead,
their response to crisis is more money and another federal program.
But, the last thing that we need is another federal program. The last
thing that our schools need is more bureaucracy and federal intrusion.
Instead, what Washington should and can do is to free the hands of
states and localities and to support local and state education reform
efforts. When localities find ideas that work, the federal government
should either get out of the way or lend a helping hand.
The Educational Opportunities Act is a step in the right direction.
Building on the bipartisan success of Ed-Flex, we have increased
flexibility and empowered parents. I look forward to the debate that we
will have about further empowering parents and children with the
ability to choose where their children go to school.
I commend the chairman for his hard work and dedication to education.
I think there are some very good provisions in this bill.
I strongly support both Straight A's and the performance partnership
program that are in title VI.
I am pleased to see report card language in title I--I agree with the
chairman that knowledge is power and that by empowering parents we are
creating agents for positive change.
Unlike class size reduction proposals, which require States and local
schools to hire new teachers, the Teacher Empowerment Act, TEA,
provides maximum flexibility to states and locals in using $2 billion
annually to develop high quality professional development programs,
hire additional teachers, provide incentives to retain quality teachers
or to fund innovative teacher programs, such as teacher testing, merit-
based teacher performance systems and alternative routes to
certification.
I applaud the chairman's rural flexibility initiative, and I am
delighted that we have consolidated several different programs and
titles. Although I wish we could have consolidated a few more programs
and titles, we have made some progress. We used to have 14 titles, now
we have 11.
Mr. President, let me be clear. This debate is not over money. It is
not over who cares the most about our nation's school children. This
debate is over who knows best--the federal government or the parents,
teachers and administrators back home who interact with our children
every day. The debate is over who do we trust? Federal bureaucrats or
people back home who struggle under the weight of federal mandates to
help children learn.
The federal government has a track record of failure despite many
billions of dollars spent. States and localities, however, have shown
the promise and the possibilities of success with innovative methods to
raise student achievement and to reduce the achievement gap.
This bill will give states and localities the tools and the
flexibility necessary to begin to restore American education to
preeminence. To achieve educational excellence will take time. There is
no simple solution and gimmicky short-term fads, like those offered by
this Administration, will not lead to long-term success. The Republican
party is dedicated to a sustained long-term effort to assure that every
child in America receives not just an education, but a quality
education. In our global economy, it is no longer good enough to be
adequate. We must be outstanding.
____________________