[Congressional Record Volume 147, Number 71 (Tuesday, May 22, 2001)]
[House]
[Pages H2396-H2542]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NO CHILD LEFT BEHIND ACT OF 2001
The SPEAKER pro tempore. Pursuant to House Resolution 143 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 1.
{time} 1048
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (H.R. 1) to close the achievement gap with accountability,
flexibility, and choice, so that no child is left behind, with Mr.
Hastings of Washington in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole House rose on Thursday,
May 17, 2001, 1 hour and 46 minutes remained in general debate.
The gentleman from Ohio (Mr. Boehner) has 55 minutes remaining and
the gentleman from California (Mr. George Miller) has 51 minutes
remaining.
The Chair recognizes the gentleman from Ohio (Mr. Boehner).
Mr. BOEHNER. Mr. Chairman, I am happy to yield 3 minutes to the
gentleman from Georgia (Mr. Isakson).
Mr. ISAKSON. Mr. Chairman, I thank the gentleman from Ohio for
yielding me this time. I am delighted to rise today in support of the
number one campaign issue of President George Bush, the number one
focus of the House Committee on Education and the Workforce, and a bill
to which any number of Members of this House have contributed
tremendous time and effort in the interest of improving the education
of all America's children, but in particular our most disadvantaged.
I want to particularly thank the gentleman from Ohio (Chairman
Boehner) for his tireless work over the last 4 months and the gentleman
from California (Mr. George Miller), ranking member for his tireless
effort as well.
The results of the working group and the House Committee on Education
and the Workforce is a bipartisan bill that ensures this country has
accountability in the expenditure of title I funds, I might add for the
first time.
It ensures more flexibility than has ever been allowed with Federal
funds to every single one of the 6,000 public school systems in the
United States of America.
Most importantly of all, it informs parents and children on an
individual basis of their progress, how their schools are doing, and it
provides work and money to allow schools that are failing to come up in
their performance and ultimately to meet the success that schools that
are succeeding are in fact doing.
I want to particularly address myself to the accountability portion
this morning, which in later amendments will receive a good certain
amount of debate.
Since the inception of title I, there has not been a mechanism for
accountability of the progress of America's most disadvantaged
students. For the benefit of this Chamber, it is important to
understand that title I students are America's poorest students, those
on free and reduced lunch, those who most likely have come from an
environment that is less than conducive to learning, and those, that
after they enter the public school system, more often than other
students, that will find themselves dropping out before they ever get a
high school diploma.
The important part of the President's initiative is as follows: First
we will have an early reading first program that ensures that children
will learn to read and comprehend to the third grade level by the time
they reach that level. Second, it ensures that, in reading and in
arithmetic, children will be tested annually by the local system and by
the State on a test approved by the State to ensure that they are
progressing at normal levels.
In addition, there is a $675 million increase to a total of $975
million to ensure that reading instruction is the very first and most
important and paramount instruction that every child gets.
There are options in this bill, options for the children for the
first time and their parents. If a title I child attends a public
school that is ranked as failing, then where consistent with State law,
that child will have the opportunity to transfer to a public school
that is succeeding. For the first time, title I funds will be used to
allow transportation of that student to ensure their biggest problem,
which is mobility, is overcome; and they can attend the school that is
public that is best performing to meet their needs.
In addition, this program focuses on flexibility. Historically, for
years, flexibility has been something local systems have not had. As
this debate goes on, we will learn local systems will now have up to 50
percent of their own flexibility, flexibility at their own volition.
The CHAIRMAN. Without objection, the gentleman from Michigan (Mr.
Kildee) will control the time on the Democrat side.
There was no objection.
Mr. KILDEE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, today's consideration of H.R. 1 marks the end of many
busy and work-filled nights and weekends over the past 4 months. I
strongly believe that this bill enacts meaningful bipartisan education
reform by striking the right balance. Clearly from the final resolution
of issues in the reported bill, we all gave some, and some probably
feel they gave too much. But the result is a bipartisan bill.
Several provisions in the bill are especially worthy of mention. With
regard to title I, I am pleased that the amendment protects and
preserves many of the core advances that the last reauthorization of
ESEA in 1994 instituted, and maintains our existing requirements to
develop and implement challenging standards and aligned assessments.
Preserved are title I's targeting of resources to high-poverty school
districts and schools. Also maintained are vital national priorities
such as the 21st Century Community Learning Centers and the Civic and
International Education Programs which are key priorities of mine.
Most importantly, I believe the strong accountability requirements we
have added to ESEA greatly improve the bill. These include a
requirement to ensure that all children reach a proficient level of
performance. Increased teacher quality requirements and a focus on
turning around failing schools through the investment of additional
help and resources are indeed critical.
In a time when we are in an increasingly competitive world, we can no
longer tolerate low-performing schools that place the education of our
children at risk. Very simply, this means providing additional
resources and intervention to help students in those low-performing
schools reach high standards. If schools are still failing after
substantive intervention, then consequences must indeed exist.
Fortunately, this bill does not include divisive issues that would
distract us from our efforts to gain a bipartisan consensus. H.R. 1, as
introduced, did contain many of these provisions including private
school vouchers, Straight A's, and cessation of educational services.
The inclusion of these provisions could undo the careful
[[Page H2397]]
bipartisan compromise that this bill represents.
I do not question the motivation of Members who have sought or will
seek to offer and support these issues, but I am positive that the
passage of such amendments will jeopardize bipartisan support of this
bill. I want to thank the gentleman from California (Mr. George
Miller), my ranking member, for his leadership and many hours of hard
work on what is a major piece of legislation.
I also want to thank the gentleman from Ohio (Chairman Boehner), he
did yeoman's service; and the gentlewoman from Hawaii (Mrs. Mink); the
gentleman from Indiana (Mr. Roemer); the gentleman from Delaware (Mr.
Castle); the gentleman from Georgia (Mr. Isakson); and the gentleman
from California (Mr. McKeon) for their hard work on this bill. They and
their staffs, along with Sandy Kress from the White House, deserve a
tremendous amount of credit for this truly bipartisan bill.
I am proud of this bill. I am pleased with having worked with those
on both sides of the aisle. I think all of us share that pride, and the
children of this country will be better for it.
Mr. Chairman, I reserve the balance of my time.
Mr. BOEHNER. Mr. Chairman, I am happy to yield 4 minutes to the
gentleman from California (Mr. McKeon), the chairman of the
Subcommittee on 21st Century Competitiveness of the Committee on
Education and the Workforce.
Mr. McKEON. Mr. Chairman, I rise in strong support of H.R. 1, the
President's number one priority, the Leave No Child Behind Act, because
we cannot let this opportunity pass us by.
This bill was a long time coming. We started the reauthorization of
the Elementary and Secondary Education Act in the last Congress under
the previous administration. After 2 years of debate and several pieces
of legislation, we were unable to put a package together.
So today, under the leadership of President Bush, the gentleman from
Ohio (Chairman Boehner); the gentleman from California (Mr. George
Miller), ranking member; the gentleman from Delaware (Mr. Castle), the
subcommittee chairman; the gentleman from Michigan (Mr. Kildee), the
ranking member; and several other members of the Committee on Education
and the Workforce, we bring H.R. 1 to the floor to begin the process of
instituting historic changes to our schools and new opportunities for
our Nation's children.
Throughout the legislation, H.R. 1 maintains the four pillars of
President Bush's education reform plan: accountability, flexibility and
local control, research-based reform, and expanded parental options.
Specifically, I would like to talk about two issues which fall under
my jurisdiction as chairman of the Subcommittee on 21st Century
Competitiveness, teacher training and education technology.
First, the teacher title builds upon legislation that I, along with
the gentleman from California (Mr. George Miller), current ranking
member, authored in the last Congress, the Teacher Empowerment Act.
This title provides school districts with the flexibility to decide
whether to spend funds on hiring new teachers or improving the skills
of the teachers already in the classroom.
In my home State of California, they have already reduced class sizes
in the early grades, which is good news. The bad news is that, as a
result, there are over 35,000 uncertified teachers now serving in the
classroom.
{time} 1100
Under H.R. 1, we leave it up to the local school districts to decide
what their needs are, while at the same time, calling on them to work
towards ensuring that there is a fully qualified teaching force in our
classrooms.
Second, in regards to technology, the bill consolidates a number of
technology programs into a single stream of funding to our local school
districts. This is another important element of expanded local control
and flexibility.
Further, we call on recipients to work to fully integrate technology
into the curriculum by increasing access to the highest quality
teachers and courses possible, regardless of where in the State the
students live.
One of my local school districts is already doing this. The Los
Angeles County Office of Education has instituted the NCITE program,
which stands for National Center for the Improvement of Tools for
Educators, California. NCITE is a Web-based learning environment which
helps children meet or exceed grade level standards in reading and
mathematics. It also assists teachers in the use of research-based
assessments, media resources and technology tools. We need to encourage
other communities to use these type of tools to educate their children.
I believe H.R. 1 does just that.
I wish I had more time to talk about the many other provisions in
this bill that will make a real difference in our education system and
the work that has gone into making this happen.
But in closing, I would like to say to all of my colleagues that this
bill gives us an opportunity; an opportunity to support our President,
an opportunity to show bipartisanship, and, most importantly, an
opportunity to improve the lives of our Nation's schoolchildren.
Mr. KILDEE. Mr. Chairman, I yield 4 minutes to the gentleman from
Indiana (Mr. Roemer), a member of the core group that helped put
together this bill.
(Mr. ROEMER asked and was given permission to revise and extend his
remarks.)
Mr. ROEMER. Mr. Chairman, I thank my good friend, the gentleman from
Michigan, for yielding me this time.
I want to start off by saying that there are many slogans, many
mantras, many shibboleths that many people use to try to describe their
concern for our children and trying to improve our public schools in
this Nation. A number of us on both sides of the aisle have come
together in a bipartisan way to put a bill together; that the gentleman
from Ohio (Mr. Boehner), the gentleman from California (Mr. George
Miller), the gentleman from Michigan (Mr. Kildee), the gentlewoman from
Hawaii (Mrs. Mink), myself, the gentleman from Georgia (Mr. Isakson),
the gentleman from Delaware (Mr. Castle), the gentleman from California
(Mr. McKeon), and others have fragilely put together a delicate balance
that puts together new ideas, new reforms, new vision to help our
children get a better education.
Those core ideas revolve around three concepts: One is
accountability; that we cannot continue to do things the same old way
in this country and expect great vast new improvements from our
teachers and our children and in their performances together. We must
attach these requirements to new ideas and new accountability, and that
means, yes, some standards and some tests.
Now, those tests should be devised by our local schools and our
States, but making sure we do not socially promote; making sure that
children are learning from one grade to the next and that a degree
means something when they get out of high school. These are important
standards.
Second, flexibility, that local schools get the dollars and they
decide how the dollars are spent. In this bill, H.R. 1, the base bill,
we send the dollars directly to the classroom, not to a governor, not
to a bureaucracy, not to administration, but to the classroom.
Now, we are going to have a straight A's proposal that wants to
divert the dollars to the governors. We will argue adamantly that those
dollars should go to the teachers and the classrooms and the kids.
The third component of this is resources. We have doubled the funding
for title I, for the poorest children in this Nation to get good access
to a good solid education. These resources and investments are
important because some of these children will not pass tests, so we
need to remediate those children with after-school programs, summer-
school programs and, yes, with tutoring.
Accountability, flexibility, resources for remediation, all good
ideas coming together to support a bill that the President of the
United States has encouraged bipartisanship on; that he has encouraged
that we work together in a civil manner, where Democrats and
Republicans can reach across the aisle, as we have done with this core
group, to bring this bill to the floor.
I would hope accountability, flexibility, new resources, new
investments for remediation and tutoring will bring together bipartisan
support on this
[[Page H2398]]
floor to truly bring ideas together, to give our children a better
chance, to get a top-notch, first-rate education in our public schools
in this country.
I encourage this body to look at these amendments on testing and not
support the Hoekstra-Frank amendment; to look at the amendment, the
DeMint amendment on straight A's, that would take money to the
governors and bureaucracy at the State level, and let us keep the way
we deliver the money to the kids and the classrooms. I urge bipartisan
support for this bill.
The CHAIRMAN. Without objection, the gentleman from Georgia (Mr.
Isakson) will control time on the majority side.
There was no objection.
Mr. ISAKSON. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from North Carolina (Mr. Ballenger), a distinguished member
of the House Committee on Education and the Workforce.
Mr. BALLENGER. Mr. Chairman, I thank the gentleman for yielding me
this time, and I would also like to thank the gentleman from Ohio (Mr.
Boehner) and the gentleman from California (Mr. George Miller) for all
their hard work. Their leadership and willingness to work in
cooperation is to be commended.
When I look at H.R. 1, I see a bill which will truly reform the way
Federal dollars are spent on education. This legislation puts the
decision-making in the hands of local teachers and parents, not
Washington bureaucrats.
Often, we in Congress let the perfect be the enemy of the good. Does
this bill have everything we conservatives want? No. Does this bill
have everything liberals want? No. Does H.R. 1 have concrete reforms
which will give States and local schools the resources they need to
better educate our youth? Absolutely.
H.R. 1 is the President's plan. It allows for local flexibility with
greater accountability. It also provides a safety valve for children
trapped in failing schools by providing immediate public school choice.
We should also note that public school choice would be the option after
just 1 year in a failing school and not 3 years, as originally
proposed.
Now, I know many of my colleagues on this side of the aisle believe
H.R. 1 does not live up to the President's plan. I understand that
private school choice is an issue which is a sticking point, and I also
support private school choice. However, I ask that we look at the
reforms this bill does provide and not what it does not. Do not throw
the baby out with the bathwater.
H.R. 1 allows public school choice. It allows children in failing
schools to obtain tutoring by private or religiously-affiliated
educators. It allows local schools to transfer up to 50 percent of
their Federal funding to programs that they believe are best for their
needs. These are major reforms which cannot be overlooked. These are
the most sweeping changes in the Elementary and Secondary Education Act
since its enactment, and we cannot forget this.
Also, just a few minutes ago, the Assistant Secretary told me that my
conservative friends should remember that the management of the
Department has changed, and their ideas will have some influence there.
I strongly urge my colleagues to support H.R. 1.
Mr. KILDEE. Mr. Chairman, I yield 3 minutes to the gentleman from
Texas (Mr. Hinojosa).
Mr. HINOJOSA. Mr. Chairman, I thank the gentleman for yielding me
this time, and I rise in support of this extremely important bill.
Nothing we do in the 107th Congress will be more significant than this
reauthorization of the Elementary and Secondary Education Act of 1965
as amended.
First, I want to recognize the gentleman from Ohio (Mr. Boehner) and
the ranking member, the gentleman from California (Mr. George Miller)
for their outstanding leadership in crafting a bipartisan committee
bill. I also commend the Members who worked on the committee
negotiating groups for their efforts. We have accomplished much with
our committee, but much more work needs to be done.
While I am in agreement with the core bill approach, I have grave
policy concerns and I continue to believe that our children and the
teachers deserve more fiscal resources than are authorized in H.R. 1.
High stakes testing is going to hurt limited English proficient
children the most. NAEP, or the National Assessment for Education
Progress, does not include migrant students in their national sample,
and the administration intends to use NAEP as a barometer to show how
students are doing. Limited English proficient children should be
assessed in a language they understand.
We should provide positive alternatives for the students in the
gifted and talented programs as well as advanced placement for the
college bound. Let us increase our investment in our country's K-16
students.
Our Nation needs 50,000 bilingual teachers to keep up with the
demand, and this bill does not provide anywhere near the resources to
meet this crisis. Look at the 2000 Census results and you will see the
Latino population growth of 60 percent or more during the last decade.
We need more funds to get the job done.
Title III consolidates bilingual education, immigrant education, and
foreign language assistance programs and delegates these functions and
funds to the States. The bill changes from a well-respected competitive
grant to a poorly-funded formula grant program that at present does not
count all the eligible population. The elimination of the National
Bilingual Clearinghouse makes no sense fiscally or policy-wise.
H.R. 1 does not provide adequate funds nor strong policy support for
dropout prevention. I remind my colleagues that already Hispanics
suffer from the Nation's highest dropout rate. These students will
certainly be neglected and left behind.
Education Committee conferees are urged to protect and save the
clearinghouse for all States to utilize the wealth of information such
as exemplary programs to serve all eligible students.
Even if title 3 were funded at the maximum level authorized by the
committee, we would only reach one-fourth of the children.
We hope that our colleagues in the other Chamber can help us reach
the 5 million children seeking our support.
The most egregious provision found both within title 1 and title 3
singles out the parents of limited-English-proficient children and
treats them differently from all other parents.
Even if a child is deemed to need special language services under the
act, the school may put them in English-only programs without bothering
to inform the parents. However, if a parent wants their child in a
bilingual program the school must receive parental permission to
include the children.
Let us fix this bill so that only those who mistreat our children are
left behind.
I am urging my colleagues to vote for H.R. 1 because the core bill is
there and because I think we can improve it with the help of our
colleagues in the other body.
I am also urging our President as well as the Secretary of Education
to support us as we try to improve the bill so that children all over
this country may truly benefit. This is the time for leadership and
substance over rhetoric.
I have tried to be bipartisan in my approach; however, if vouchers
and block grants are added to our core bill on the floor, then I would
be forced to urge my colleagues to reject this bill.
Finally, Mr. Chairman, I am including for the Record a copy of a
letter from the National Education Association in support of my
remarks.
National Education Association,
Washington, DC, May 16, 2001.
Representative Ruben Hinojosa,
House of Representatives,
Washington, DC.
Dear Representative Hinojosa: On behalf of the National
Education Association's (NEA) 2.6 million members, we would
like to thank you for your efforts to address the issue of
parental consent for participation in bilingual education
programs. Specifically, NEA agrees with your opposition to
requirements for written parental consent for the provision
of non-English education services to limited-English-
proficient students.
NEA strongly supports the provision of information to
parents and efforts to increase parental involvement in their
children's education. However, we oppose parental opt-in
requirements, such as those contained in the No Child Left
Behind Act (H.R. 1). We believe the proposed opt-in
requirements will create unnecessary roadblocks to providing
students with needed instructional services. Such
requirements would result in increased bureaucracy, while
intruding on local school districts' ability to tailor
educational programs to serve the needs of their limited-
English-proficient students. In addition, students could be
placed in educational limbo while schools seek the necessary
consent.
Thank you again for your leadership in addressing this
important issue.
Sincerely,
Mary Elizabeth Teasley,
Director of Government Relations.
[[Page H2399]]
Mr. ISAKSON. Mr. Chairman, I yield 2 minutes to the gentleman from
Michigan (Mr. Hoekstra), the chairman of the Subcommittee on Select
Education.
Mr. HOEKSTRA. Mr. Chairman, I thank the gentleman from Georgia for
yielding me this time.
Regrettably, today, I come to the floor to voice my opposition to
H.R. 1. At the beginning of his presidency, President Bush outlined a
bold vision for education that would move power and authority back to
parents and back to States; a vision that included flexibility in how
States and local schools would spend their money; a vision that would
empower parents to make more educational decisions for their kids; and
a change in process in how we would measure the results that Federal
investments resulted in; a change in process where today we measure how
we spend our dollars to a reform that said we are going to measure
whether our children are learning or not.
The flexibility for States has been eliminated. The parental
empowerment has been weakened. The results accountability has been
added to the bill, but the red tape, where local school districts and
States have to report back to Washington on how they spend their money,
has been maintained. We are now going to tell States and local school
districts how to spend their money as well as the results they are
going to get. What we are left with is Goals 2001, after we fought
Goals 2000; and accountability putting us on the road to national
testing and spending that only President Clinton could have dreamed of.
It is time to rework parts of H.R. 1. I agree with Sandy Kress, the
President's education adviser, in his comments yesterday. H.R. 1 is
likely ``going to require further weeks of thought and deliberation to
fix.'' It is time to move back to the President's vision of education,
not the bill that is working its way through the House today. It is
time to send this bill back to committee and let the further weeks of
thought and deliberation happen in committee and not in a conference
committee.
Mr. KILDEE. Mr. Chairman, I yield 2 minutes to the gentlewoman from
California (Ms. Woolsey).
(Ms. WOOLSEY asked and was given permission to revise and extend her
remarks.)
{time} 1115
Ms. WOOLSEY. Mr. Chairman, let me add my compliments to the gentleman
from Ohio (Mr. Boehner) and the gentleman from California (Mr. George
Miller), the ranking member, and the staffs on both sides who have
worked so hard on this bill.
Mr. Chairman, as it stands now, H.R. 1 is good enough. It is not
great, mainly for what it leaves out. It would be a better bill if it
included my amendment to keep coordinated services as part of the act.
That way, children and their families would have a safe place, at or
near their school site, in order to have access to services, the
services that they need when their lives are so very, very busy.
It is also too bad that my ``Go Girl'' amendment to bring more
females into the math, science, engineering, and technology workforce
was not included. When women, who are one-half of our population make
up only 19 percent of our science, engineering, and technology
workforce, we must encourage more girls to study these subjects. ``Go
Girl'' would have done that.
On the other hand, H.R. 1 includes testing provisions, provisions
that must be removed from this bill.
Two good things about H.R. 1 are what have been excluded in the bill;
that are not in the bill. These good things are no private school
vouchers and no block grants. Block grants would take education funds
from students and schools which need them the most. But if these
amendments pass, adding vouchers or block grants, then I would suggest
that we defeat H.R. 1.
Mr. Chairman, I encourage my colleagues, keep H.R. 1 clean so we can
pass it. Otherwise, H.R. 1 is good enough to vote for. It would be
better, however, with coordinated services, ``Go Girl'' programs,
school construction, and smaller class size.
Mr. ISAKSON. Mr. Chairman, I yield 3\1/2\ minutes to the gentlewoman
from New Jersey (Mrs. Roukema).
(Mrs. ROUKEMA asked and was given permission to revise and extend her
remarks and include extraneous material.)
Mrs. ROUKEMA. Mr. Chairman, I rise in strong support of this
legislation. It is truly an example of bipartisanship, and it is an
example of the way that the system is supposed to work.
This process has not been about politics, it has been about children
and their educational standards. Yes, I have heard what others have
said, and I am pleased to assert that without question this bill is
reflective of President Bush's vision for education reform; and the
President has indicated his support. So let there be no mistake about
that for the people on my side of the aisle.
I also want to point out some of the good parts of this bill. It
gives flexibility and local control and maintains it; and that was very
important to me and very important on a bipartisan basis. I think the
flexibility allows school districts in this bill the ability to target
Federal resources where they are needed the most, and that will ensure
that State and local officials can meet the unique needs of their
students.
It also enhances accountability and demands results through high
standards and assessments. Grades three through eight will have student
testing. This is a provision that has not been clearly understood; and
as a member of the Committee on Education and the Workforce, I want to
explain this to everyone here.
It is important to emphasize that the States will develop their own
standards and assessment. This bill does not dictate a national test.
However, what the bill does say, if you are going to accept Federal
education funding, then you are going to be held accountable for the
results. State test results will be confirmed through the National
Assessment of Educational Progress or a similar test. If a State
improves on the NAEP, and their State assessments each year show a
forward movement, they will be eligible for rewards. Those who do not
improve will undergo corrective action.
Striking a balance between State and Federal responsibility is the
right approach, and it is the way that we have done it and what the
President has approved. I think that is awfully important.
I took leadership in terms of the question of safe schools, and I do
not know how much of this has been emphasized in this debate, but
namely we put into it mental health screening and services that are
available to young people through the schools. Whether we are talking
about violence in the schools or aggressiveness in schools, we want to
deal with those tragedies and those growing symptoms of problems within
the school system, and so we have school-based mental health services.
And I was proud of being part of putting that in the bill.
Finally, is this a good bill? Yes. Does it reflect the President's
priorities? Absolutely.
Mr. Chairman, those areas where there are continuing disagreements
will be taken up in the debate on the amendments. So this is a full
process. We can discuss the voucher question yet again. It is one on
which I disagree. Vouchers should be out of this legislation, but it
will be voted on as an amendment. In the end, we will be passing an
historic education bill for our children and for the future of our
country.
Mr. Chairman, I rise in strong support of this bill. First and
foremost, I would like to commend the Education and Workforce Committee
Chairman Boehner and Ranking Member George Miller for their leadership,
hard work, and diligence.
This bill is truly an example of bipartisanship. But make no
mistake--this was not an easy process. There were many hurdles along
the way--and many times we all thought an impasse had been reached. No
one on either side ever lost sight of the goal--to ensure that every
child, regardless of situation, in every public school in America
received a quality education.
This is the way the process is supposed to work--partisan politics
have been set aside to make way for a meaningful debate on the issues
that matter to America and our children. This process has not been
about politics--this process has been about children.
bush plan
Yes, I am pleased that the bill before us today is bipartisan. But I
am also pleased that
[[Page H2400]]
this bill is reflective of President Bush's vision for education
reform--to have the best education system possible to leave no child
behind. And President Bush supports this bill--That's what this bill
accomplishes. We all won on some issues and we all lost on some issues.
But, in the best spirit of compromise, America's children win.
For instance:
H.R. 1 provides unprecedented flexibility and local control.
It is vitally important to cut federal education regulations and
provide more flexibility to states and local school districts. We
should give our educators the flexibility to shape federal education
programs in ways that work best for our teachers and our students.
Flexibility allows school districts the ability to target federal
resources where they are needed the most. This will ensure that state
and local officials can meet the unique needs of their students.
H.R. 1 dramatically enhances flexibility for local school districts
in two ways: (1) through allowing school districts to transfer a
portion of their funds among an assortment of ESEA programs as long as
they demonstrate results and through the consolidation of overlapping
federal programs.
H.R. 1 enhances accountability and demands results.
As we provide more flexibility, we must also ensure that federal
education programs produce real, accountable results. Too many federal
education programs have failed. For example, even though the federal
government has spent more than $120 billion on the Elementary and
Secondary Act (ESEA) since its inception in 1965, it is not clear that
ESEA has led to higher academic achievement. Federal education programs
must contain mechanisms that make it possible for the American people
to evaluate whether they work.
This bill provides accountability and demands results through high
standards and assessments. And it provides appropriate responses to
address failure. States will be required to test students in grades 3-
8.
This provision has not been clearly understood.
It is important to emphasize that the states will develop their own
standards and assessments. This bill does not dictate a national test.
What the bill does is say that if you are going to accept federal
education funding, then you are going to be held accountable for
results. State test results are confirmed through the National
Assessment of Educational Progress (NAEP) or similar test, which would
be required annually for grades 4 and 8 in reading and math. If a state
improves on NAEP and their state assessments each year they will be
eligible for rewards, and if it does not, there will be sanctions. We
reward states and schools that improve. Those that do not improve will
undergo corrective actions. Striking a balance between state and
federal responsibility is the right approach to accountability.
H.R. 1 ensures that our schools are safe.
I am pleased that H.R. 1 includes provisions to ensure that schools
have the resources they need to combat substance abuse and violence. An
important element included here relates to work that I have done on the
Committee, during both negotiations and markup. Namely, this bill
provides resources to ensure that mental health screening and services
are made available to young people. In addressing school safety, we
must ensure that children with mental health needs are identified early
and provided with the services they so desperately need. Many youth who
may be headed toward school violence or other tragedies can be helped
if we address their early symptoms. I am pleased that this bill
includes school-based mental health services language to ensure school
safety and combat substance abuse.
H.R. 1 Promotes Reading First.
The bill also includes the President's Reading First Initiative,
which awards grants to states that establish comprehensive reading
programs anchored in scientific research. Obviously, in order to
improve education we must start by ensuring that every American child
can learn to read. States must be given both the funds and the tools
they need to eliminate the reading deficit. Unfortunately, our schools
have been failing our students on this basic aspect of learning.
According to the National Center for Educational Statistics, thirty-
eight percent of fourth graders cannot read at a basic level--that is,
they cannot read and understand a short paragraph that one would find
in a simple children's book. Reading failure has devastating
consequences on self-esteem, social development, and opportunities for
advanced education and meaningful employment.
By funding effective reading instruction programs, this bill ensures
that more children will receive the help they need before they fall too
far behind. Better reading programs mean fewer children in special
education and fewer children dropping out of high school.
vote for this bill
Mr. Chairman, this bill represents true bipartisan compromise--a true
compromise. Had I written this bill, it would look significantly
different. But, I recognize that we cannot allow the perfect be the
enemy of the good.
Is this a good bill? Yes.
Does it reflect the President's priorities? Absolutely.
Will it improve education in America today? No doubt about that.
There are issue areas where we genuinely disagree and will have the
opportunity to debate in the coming days.
For example, I strongly oppose any efforts to eliminate the testing
provisions of the bill, as this is the centerpiece of the President's
plan for accountability. In addition, I strongly oppose the re-
insertion of vouchers. Instead, I support this bipartisan compromise in
its current form: it makes real strides towards improving education for
ALL of our nation's children. As such, I oppose any amendments that
would erode this compromise or divert us from our goal: to leave no
child behind.
This bill takes a meaningful step towards leaving no child behind. I
encourage all of my colleagues to support the bill.
Mr. KILDEE. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Hawaii (Mrs. Mink).
(Mrs. MINK of Hawaii asked and was given permission to revise and
extend her remarks.)
Mrs. MINK of Hawaii. Mr. Chairman, I said the other day I deeply
appreciated the opportunity to be on the working group and commend the
gentleman from Ohio (Chairman Boehner) and the gentleman from
California (Mr. George Miller) for the outstanding work that they did
in pulling together the essentials for this legislation.
Mr. Chairman, this is a core bill. As we said in the debate on the
rule, there were many things on our side that we wanted to have
included: The construction provision and the reduction of class size
were two paramount things that we will not be able to debate even
during the amendment stage.
The reason that I support this bill, notwithstanding the many
omissions, is because the compromise that was struck provided for a
doubling of the title I funds. It seems to me that this is a crucial
test of whether we are serious about this legislation. Let us not
forget that title I is premised on the fact that it is to be targeted
to poor children. The formula is based upon counting poor children.
So when we hear speeches to the effect that the States ought to be
allowed to have the discretion to spend their money any way they see
fit, it is a complete annihilation of the process that got us to the
formulation of title I back in 1965, and that is to bring specific aid
to the poorest schools that cannot finance their educational systems;
and, therefore, every year fall further back.
School financing is based upon real property values, and there are
many, many places in the country where property values are so low that
they cannot fund education adequately compared to the rich and
wealthier districts. Let us not destroy that principle by talking about
taking the money and letting the States have the opportunity to spend
it any way they wish.
Mr. Chairman, there are many other facets to this bill with which I
believe improvements can be made; but fundamentally, if we are not able
to fund it, we do not have a core agreement.
Mr. Chairman, I rise in support of H.R. 1, which reauthorizes the
Elementary and Secondary Education Act for 5 additional years.
ESEA was passed in 1965 to help America's most disadvantaged
children. These are our poorest children, who go to school in crumbling
buildings, with outdated textbooks, few if any computers, little access
to challenging, up-to-date curriculum, and a teaching force that is
often overburdened, inexperienced, underpaid, and undertrained. These
are children who have been left behind by the way we fund our schools--
through local property taxes. The communities these children live in
are often unable to raise sufficient funds to provide for the same
high-quality education as in wealthier communities. States also provide
resources for education, but don't do enough to eliminate this
disparity and ensure every child in the State has equal access to the
same, high-quality education. ESEA exists to close the gap in resources
to the poorest schools, to provide them with the funds to build a
foundation for a solid, high-quality education.
The bill we are considering today, H.R. 1 continues the efforts of
ESEA. For one, recognizing that highly qualified teachers are crucial
to ensuring that the most disadvantaged students have access to the
best education possible, H.R. 1 provides additional resources to
[[Page H2401]]
help train teachers to improve their skills. Funding under title II is
significantly increased, by almost $3 billion. Though almost $2 billion
come from consolidating class size reduction funds with other teacher
training funds, this represents a significant increase for teacher
quality programs.
Unlike children in wealthier communities, children in the poorest
schools more often do not come to school ready to learn, not in the
first grade, not in any grade. These are the children that have to deal
with distractions at home. They face dangerous surroundings, both in
and out of school. And they go to schools that are falling apart, have
the largest classes, and may not have enough classroom space, forcing
some to take place in hallways, cafeterias, gymnasiums, or worse. These
children face many obstacles to getting a solid education, and need the
best teachers.
Another major improvement included in H.R. 1 is the doubling of title
I funds within 5 years. These funds are the main Federal resources that
are intended to fill in the gaps between poor schools and wealthier
ones and are very much needed. While these funds are doing a great deal
of good in many schools, we know the program is currently underfunded
and that we need to help many more students. Doubling title I funds
over the life of this authorization is a good start toward providing
disadvantaged students with the best educational opportunities
available, improving teacher quality, and helping struggling schools
help themselves.
But there are major problems with this bill. Chief among these is the
new annual testing provisions in grades three through eight. These
tests simply point out failure, and in many cases are used
inappropriately for high-stakes decisions. H.R. 1 fails to provide
enough resources to either help students or schools succeed.
H.R. 1 is written with the premise that if we test children enough,
we'll know which students are failing, and thus, which teachers and
schools are failing. This legislation promotes the idea that if a child
fails, the solution is to take away the teacher, or move the child to a
different school. And it perpetuates this notion by providing some
funds to some schools that fail, but does little to ensure the school
has enough resources to succeed in the first place. The annual tests
contained in this bill will not be a vehicle for success, but rather a
harbinger of punishment for children, teachers, principals, and
schools. In the end, it will be communities that suffer from the
misplaced emphasis on these tests.
H.R. 1 makes some resources available to failing schools, but not
enough. In the 1998-1999 school year, States identified 8,800 schools
as needing improvement. Since different States use different standards,
this may understate the number of failing schools. And with the new
annual tests under H.R. 1, it's likely even more schools will fail.
However, this bill authorizes only $500 million to help these schools.
While this builds on President Clinton's effort over the last 2 years
to provide additional funds for low-performing schools, it does not go
nearly far enough to provide the kind of intensive, high-quality
support failing schools still need.
H.R. 1 is grievously flawed if it passes the House without sufficient
resources to help failing schools. Of the schools identified by States
as needing improvement in 1998-1999, only 47 percent of these
principals said they got any additional help from their district, from
their State, or from the Federal Government. That's less than half. And
while these schools are more likely to get help the longer they've been
identified as needing improvement, the help isn't likely to come
anytime soon. 70 percent of principals in a school that's been
struggling for 3 years saw no additional help, and even 38 percent who
ran a school that's been struggling for 4 years saw no additional help.
Almost a third of principals in struggling schools had no idea what
their districts considered to be ``adequate yearly progress'', the
State's benchmark for what constitutes success.
Almost half the title I schools identified as low-performing in 1998-
1999 were 75 percent or more minority and eligible for free and reduced
price lunch. These schools simply cannot turn themselves around without
real help.
This issue is not just a national one, but a very local one for me
and many of my colleagues. In many of my communities in Hawaii, three-
quarters or more schools have been identified as low-performing. Part
of this has to do with our State strengthening its education system,
but much of it is also a direct result of these schools not having the
resources in the first place to provide a high-quality education.
Without the necessary additional resources, these schools will continue
to fail, and the annual testing provisions in H.R. 1 will only serve as
a vehicle for punishing these schools and disrupting communities rather
than making a sincere effort to provide help.
Linked to this flaw is the potential havoc public school choice may
wreak. The public school choice provisions in H.R. 1 take a backward
approach to providing resources to the children that need them most.
The intent of ESEA has always been to help poor schools give kids the
best education possible by providing them with more resources. H.R. 1
turns this on its head by dictating that, instead of bringing the
resources to the student, bring the student to the resources. That
logic is inherently backward.
We should not be focusing time, effort, and money on disrupting and
dismantling children's base of security, the neighborhood school.
Instead, we should be sending in reinforcements: adequate funding, so
poor schools have the same chance to succeed as wealthier schools;
qualified, strong, and experienced teaching staff, so they form a
crucial foundation and get to know students and their individual
problems; and the kind of learning atmosphere that voucher proponents
endorse private schools for: smaller class sizes, extended learning
time and tutoring before and after school, schools that aren't
crumbling, schools with computers and modern wiring and infrastructure.
We need to turn this debate right-side-up again. Instead of forcing the
child to go where the resources are, we should be doing what we should
have done all along--bring the resources to the child.
There are other significant problems with H.R. 1. One of the most
significant is the various ways it undermines education for students
with limited English speaking skills, and those who are recent
immigrants. The most important issue is that H.R. 1 blockgrants all of
the existing programs for these children into one formula program, but
provides too little overall to be distributed in sufficient quantities
to be effective. These programs currently are competitive grants and
thus are more targeted to students that need them. By turning all these
programs into a block-grant, H.R. 1 dilutes these funds, providing less
services to the students that most need them. H.R. 1 should keep these
programs competitive at least until funding reaches $1 billion.
H.R. 1 also contains a dangerous provision for limited English
proficient students, requiring schools to get approval from their
parents prior to giving these students access to bilingual education
services. This provision could cause significant delays in schools
providing these children with an education. These are the most
vulnerable of our students--they may have little understanding of our
systems, little capacity to understand directions people are giving
them, and little chance of becoming dedicated to a system they can't
comprehend. By inserting this onerous provision in ESEA, the bill will
simply disrupt or even deny to our neediest children educational
opportunities on an equal basis, as required by Brown versus Board of
Education.
In the end, this bill tries hard to retain some of the best things in
ESEA, and even adds some good new ideas, such as the Reading First
program. But one good idea cannot disguise many bad ideas. In an
apparent fervor to block-grant programs with no consideration for
effectiveness, H.R. 1, for example, eviscerates the Class-Size
Reduction Program. This is the one program that will really help with
reading. It is research-based and scientifically proven to work, as is
required of all other programs in the bill, and flexible enough to be
used for improving teacher quality. Combined with a genuine effort to
help communities repair and build new schools, the Reading First
Program and the Class-Size Reduction Program might have actually driven
change in education for disadvantaged students.
Mr. ISAKSON. Mr. Chairman, I yield 3 minutes to the gentleman from
Florida (Mr. Keller), a member of the Committee on Education and the
Workforce.
Mr. KELLER. Mr. Chairman, I rise today as an original cosponsor and
strong supporter of the President's No Child Left Behind Act. Why do I
support this meaningful education reform legislation? Because, for the
first time, more children are going to be able to read in this country.
Parents are going to get a report card as to how their children's
school is performing, and children now trapped in a failing school will
have a safety valve to get out.
Mr. Chairman, we do these goals by three key measures. First, we will
invest an additional $5 billion over the next 5 years in reading for
children in grades K-2. This is critical since currently approximately
70 percent of our fourth graders in inner-city schools cannot read. We
must address this issue head on.
Second, we will require that States annually test our children in
grades three through eight in reading and mathematics. It is critical
to measure their performance on an annual basis to ensure that no child
falls through the cracks.
How many times have we turned on the television to see a college
athlete
[[Page H2402]]
explain he is not able to read, yet he was able to graduate from high
school. He has fallen through the cracks, and by measuring the
performance each year, we are going to put an end to this problem right
here in this Congress.
Third, there will be a safety valve for children trapped in failing
schools. Specifically this bill provides for immediate public choice,
as well as providing tutoring, including those provided by faith-based
providers.
I have heard two criticisms of this bill raised by some of my
conservative colleagues, and as a conservative myself, I would like to
address both of those criticisms head on.
First, they say, ``The President's reforms have been left behind in
this bill.'' Let us look at the facts. The President called for more
money for reading, testing, and school choice. This bill provides for
reading, testing, and immediate school choice that takes place even
sooner than the President proposed. It is true that we did not have the
votes for private school choice at the committee level.
Mr. Chairman, I support private school vouchers. I argued for them at
the committee level, and will support them as an amendment on the floor
later today. But even if we do not have the votes for private school
vouchers, it is important to realize that public school choice provides
a nice safety valve for children trapped in these public schools. It
gets them immediate relief, and I believe 90 percent of a loaf of bread
is better than none at all. That is why the President himself supports
this bill. Do not allow the perfect to be the enemy of the good.
The second criticism is that the Federal Government should not be
involved in testing. H.R. 1 explicitly prohibits federally sponsored
national tests, prohibits federally controlled curricula criteria, as
well as any mandatory national teacher test or certification.
Mr. Chairman, I urge my colleagues to vote ``yes'' on H.R. 1.
Mr. KILDEE. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Minnesota (Ms. McCollum).
Ms. McCOLLUM. Mr. Chairman, I am very proud of the bipartisan work
the Committee on Education and the Workforce has done on this bill.
Members have worked together with the White House; and I thank the
gentleman from Ohio (Mr. Boehner), our chairman, and the gentleman from
California (Mr. George Miller), my ranking member, for leading this
bipartisan effort.
Mr. Chairman, I want to vote for an education bill that demonstrates
leadership and accountability to parents and students; and I want to
support a bill that prepares today's students to be active citizens in
our democracy and contributing to our economy and our communities. But
I will not support a bill where vouchers are included. Vouchers take
away scarce resources from our children and provide no accountability
for our tax dollars.
Mr. Chairman, I want to support a bill that involves parent and
community control at a local level, but I will not support a bill if it
takes decisions away from parents and local school districts and
creates a new block grant program. I want to support a bill that holds
schools accountable for the success of our children's education. We
have more work to do on this bill.
When our school districts, teachers, parents, and students look at
this bill, will we have passed their test? Special education remains
underfunded. Title I remains underfunded, and this bill includes a new,
unfunded Federal mandate for our school districts, six more tests for
our children.
Mr. Chairman, this bill is not perfect; but I am here to work with
all of my colleagues today to pass a bipartisan education bill that is
accountable to our communities and our children.
Mr. ISAKSON. Mr. Chairman, I yield 3 minutes to the gentleman from
Nebraska (Mr. Osborne), a member of the Committee on Education and the
Workforce and the principal author of the mentoring provisions of H.R.
1.
(Mr. OSBORNE asked and was given permission to revise and extend his
remarks.)
Mr. OSBORNE. Mr. Chairman, I would like to thank the gentleman from
Georgia for yielding me this time.
Mr. Chairman, I rise today in strong support of H.R. 1. I would like
to thank the gentleman from Ohio (Chairman Boehner) and the gentleman
from California (Mr. George Miller), the ranking member, for their
work.
Mr. Chairman, I was formerly in the coaching profession; and each
year we evaluated hundreds of transcripts from all across the country.
We found over time that even though someone was a high school graduate,
and even though their grades were reasonably good on the transcript, we
could not determine from their transcripts that they could adequately
read, write, do basic math or perform. So we had to rely heavily on SAT
and ACT tests.
We have a national crisis in education because so many students are
simply passed along. Roughly 68 percent of all fourth graders in the
Nation cannot read at a functional level.
{time} 1130
So I think H.R. 1 really addresses most of these problems and will
alleviate much of the crisis that we see before us.
I would like to mention very quickly two elements of H.R. 1 that may
go relatively unnoticed in the discussion today. First is the rural
education initiative. Sometimes rural schools are just as distressed as
inner-city schools, and I think this element will be addressed in the
bill. Small rural schools, 600 students or less, receive very few
Federal dollars. They have no grant riders, and many times the funds
really that they might receive are not worth the paperwork. So this
particular bill will provide a minimum of $20,000 to those schools.
This will reach thousands of schools across the country, 400 in my
State of Nebraska; and I think it is something that will really help
the smaller school because it will enable them to hire a teacher, buy
four or five computers, do something meaningful with the grant money
that they are currently foregoing.
The second aspect of the bill I would like to mention is that of
mentoring. Over the last 10 years, we have spent 80 billion Federal
dollars and we have seen absolutely no improvement on test scores or
dropout rates. We do not know what return we have gotten for our money.
In the city of Kansas City, over the last 15 years they have spent $2
billion on education; and they spend $8,000 per student, more than
$8,000 per student. They have excellent facilities, great teacher
salaries and excellent curriculum; and yet they lost their academic
accreditation last year, first major city ever to lose accreditation.
They flunked every State performance standard.
So one says, well, what is happening here? Why, if they have been
given all these tools, would this happen?
I would like to read very quickly a statement from Gary Orfield, a
Harvard sociologist who has studied the school system in Kansas City.
He said, ``When students come to class hungry, exhausted or afraid,
when they bounce from school to school as their families face eviction,
when they have no one at home to wake them up for the bus, much less
look over their homework, not even the snazziest facilities, the
strongest curriculum and the best paid teachers can ensure success.''
So I think that mentoring is something that will address this because
it does cut absenteeism, drug abuse, teenage pregnancy, violence, and
lowers drop-out rates.
Mr. KILDEE. Mr. Chairman, I yield 2 minutes to the gentleman from
Georgia (Mr. Bishop).
Mr. BISHOP. Mr. Chairman, I thank the gentleman from Michigan (Mr.
Kildee) for yielding me this time.
Mr. Chairman, I would like to take this opportunity to thank the
gentleman from Ohio (Mr. Boehner) and the ranking member, the gentleman
from California (Mr. George Miller), for the hard work that they have
done in pulling this bipartisan bill together.
Mr. Chairman, when we ask our fellow House Members how Congress can
best help fix our schools, we get as many different answers as we have
Members. We all feel strongly about education, and we all have our own
ideas about what needs to be done; and many of these ideas have merit.
That is why I rise today in support of H.R. 1, a bill that offers a
balanced, thoughtful, bipartisan course of action for helping achieve
the educational results that most of us seek; a bill offering more
accountability without undue Federal influence; more flexibility while
still targeting many special needs; options for
[[Page H2403]]
children who are trapped in underperforming schools while retaining
public funds for public education and without vouchers; and provisions
I strongly pushed to update technology in rural schools and to double
title I funding.
We should ask not whether the bill achieves perfection but whether it
is a fair, constructive compromise that can move the country closer to
achieving better schools and a brighter future. And without question,
the answer is yes. I urge my colleagues to join in supporting this
legislation. It is a good bill. A lot of people have worked hard on it.
It is a bipartisan consensus of what we need to do to move forward on
education, and I think that it will make a difference.
Mr. ISAKSON. Mr. Chairman, I yield 2 minutes to the gentleman from
New Hampshire (Mr. Bass).
Mr. BASS. Mr. Chairman, I thank the gentleman from Georgia (Mr.
Isakson) for yielding me a couple of minutes to talk about this
wonderful bipartisan bill.
Mr. Chairman, I commend the ranking member, the gentleman from
California (Mr. George Miller), and the chairman, the gentleman from
Ohio (Mr. Boehner), for their working together and also the rest of the
committee for a very good product, because this bill provides
accountability which will improve educational quality. It provides
local school administrators and school boards with more flexibility. It
consolidates 34 out of 66 programs. It provides accountability with
more funding for title I, which is significant. Lastly, it provides
relief for children trapped in failing schools.
Now, although H.R. 1 is a good bill, the single greatest change that
we could bring to every elementary and secondary school everywhere in
the country is to fulfill the Federal Government's obligation to fully
fund its share of the cost of education for the disabled. Now, I bring
this up because the Senate incorporated an amendment to make IDEA
funding mandatory, but this language was left out of the House bill;
and I regret the fact that I was unable to offer an amendment of my own
to phase in full funding over the next 10 years as a mandatory program.
Now, mandatory phase-in is good for the program if it is done on a
percentage basis. It is good because local school boards can plan
financially from year to year how much money they are going to have. It
is good for education most importantly because we need to meet that
unfunded mandate; but lastly and probably even more importantly, it is
important for the program to have it funded on a mandatory basis
because then the Congress will be forced to address the programmatic
side of IDEA and reconcile the program to a budget.
There are two problems with IDEA, the unfunded mandate and the
programmatic side. I hope that the House will consider ceding to the
Senate's position on IDEA because it is for responsible government,
smart tax policy, and good for education. I commend the chairman and
the ranking member for a job well done on H.R. 1.
The CHAIRMAN. Without objection, the gentleman from California (Mr.
George Miller) will control the time on the Democratic side.
There was no objection.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentlewoman from New York (Mrs. McCarthy), a member of the
committee.
Mrs. McCARTHY of New York. Mr. Chairman, I want to thank certainly
the gentleman from California (Mr. George Miller) for the work that he
has done, as well as the gentleman from Ohio (Mr. Boehner).
Mr. Chairman, I have been hearing that there are some people that are
unhappy with this bill, and I am sorry to say that is too bad. This is
a good bipartisan bill. Both sides gave up a lot, and they did. There
are certain things in this bill that I would like to have seen in it,
but anyway working on bipartisan, that means each person has to give a
little bit. Let us get down to what this bill really does. It is going
to help our schools that need the most help, with accountability and
flexibility.
Mr. Chairman, I come from Long Island. I have some very wealthy
suburban schools. They are doing very well, but I also have schools
that are failing terribly because they do not have the resources to do
what they have to do.
This bill, through title I, is going to help them. We will be helping
all the children across this Nation, and that is what the Committee on
Education and the Workforce is supposed to do. With that, I would like
to say we on the committee are on that committee because we care about
education. So I am hoping that all the Members will listen to us and
say this is a good bill, accept it and let us help the children of
America. That is why we are here. That is why we sit on all the
different committees. We can disagree and we can disagree, but when a
bill like this comes out of our committee with good bipartisan support,
each of us giving up a little bit of something that we wanted, this
bill will help the American people.
President Bush accepts this bill, and we should work with him to make
sure it goes flying through this House.
Mr. ISAKSON. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Georgia (Mr. Chambliss).
(Mr. CHAMBLISS asked and was given permission to revise and extend
his remarks.)
Mr. CHAMBLISS. Mr. Chairman, I thank the gentleman from the Sixth
District of Georgia (Mr. Isakson) for his leadership on this issue. He
is certainly one of the most knowledgeable Members of this House when
it comes to education.
Mr. Chairman, I want to take the opportunity to commend the President
for ensuring that his administration makes education of our children
its number one priority. While this bill is not a perfect bill, I think
we owe a great debt of gratitude to the gentleman from Ohio (Mr.
Boehner) and the ranking member, the gentleman from California (Mr.
George Miller), for the great leadership that they have provided here;
and I commend them for bringing both sides together and bringing issues
that are important to both sides more towards the middle.
While there are a number of provisions in this bill that I think are
very critical, the most important provision, in my opinion, is the
Reading First Initiative that we have in this bill that is going to
provide flexibility to our States and is going to make reading a number
one priority.
My wife is a fifth grade teacher. Her number one frustration with her
fifth graders is the fact that too many of them are reading on a first
or second grade level and some of them even below that. This bill makes
sure that every child in America becomes more proficient in reading by
the time they leave the third grade.
As one can imagine, it is frustrating to a teacher not to have
children that can read, but imagine the frustration of those children
who want to learn but simply are handicapped because they do not have
the basic skills.
I commend the administration, and I commend the leadership on the
Committee on Education and the Workforce for ensuring that we give
priority to the issue of reading and making sure that all of our
children learn to read and that we put accountability back on the State
and local governments to ensure that they are doing the things
necessary to make sure that all of our children are reading much more
proficiently and at the early grade level.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentleman from Massachusetts (Mr. Tierney), a member of the
committee.
Mr. TIERNEY. Mr. Chairman, I thank the gentleman from California (Mr.
George Miller) for yielding me this time.
Mr. Chairman, this bill has many good features to it, and I am sure
that if we manage to maintain or keep out of it some of the problems
that we have run into in the past it will probably pass this body. We
have managed to keep out vouchers. We have managed to keep out block
grants, things that in the past administration caused this bill to stop
dead in its tracks.
If the President continues to maintain the position that he will not
insist on those things, the bill will move forward. We still have to
work on modernizing schools. We still have to work on having smaller
class sizes. There is much more to be done, but I do want to call some
attention to one feature of this bill that I think merits some
consideration, and that is the high degree of testing that is being
asked for.
We have to keep in mind that there already is testing being done in
the
[[Page H2404]]
States. Virtually every State has a significant amount of testing being
done and the Federal Government already requires testing three times in
math and reading throughout an elementary school career.
We have to be concerned that the testing that is in this bill does
not amount to just quantity over quality, and my fear is that we have
not allowed or provided for in this bill a ramping up to scale the
capabilities of the testing community to be able to put those 260
additional tests that are now going to be required throughout this
country in an appropriate way. We have not allowed time for them to be
developed and implemented. We have not allowed enough resources for
them to be done. The estimates are that it is $30 per test for the
administration and much more for the development. The Congressional
Budget Office estimates $650 million a year for these tests. Yet the
President is only asking for $350 million.
If we continue in this path, States may feel forced to go to off-the-
shelf tests, the lowest common denominator here; and the problem with
that is we are going to run into all sorts of difficulties about
whether or not this testing procedure then really does measure the
progress of our students or is it just putting on them yet an
additional burden of still another test in which teachers have to
prepare; it has to be developed; they have to take time out of the
classroom and away from other subjects that probably should be taught.
So I caution our Members to hopefully go back to the drawing board on
the testing provisions and make this truly a good bill, provide the
resources that are there, make those tests not something that is
required until and unless we do the background work that needs to be
done.
Mr. ISAKSON. Mr. Chairman, I yield 3 minutes to the distinguished
gentlewoman from Illinois (Mrs. Biggert), a member of the House
Committee on Education and the Workforce.
Mrs. BIGGERT. Mr. Chairman, I thank the gentleman from Georgia (Mr.
Isakson) for yielding me this time.
Mr. Chairman, I rise today to express my strong support for H.R. 1,
the No Child Left Behind Act of 2001.
As a member of the Committee on Education and the Workforce, I am
pleased to say that H.R. 1 encompasses President Bush's vision for
education in America. The bill empowers parents, helps children learn
to read at an early age, and grants unprecedented new flexibility to
local school districts while demanding results in public education
through strict accountability measures.
I know that many of my colleagues have and will speak in more detail
about these provisions, so let me turn to a section of the bill that
will not receive as much attention but is important because of the
direct and positive impact it will have on the estimated 1 million
homeless children and youth in our country.
{time} 1145
Mr. Chairman, being without a home should not mean being without an
education. Yet, that is what homelessness means for far too many of our
children and youth today. Congress recognized the importance of
education to homeless youth when it enacted in 1987 the McKinney
Education Program. But, despite the progress made by this Act over the
last decade, we know that homeless children continue to miss out on
what is the only source of stability and promise in their lives: school
attendance.
Mr. Chairman, H.R. 1 strengthens the McKinney program by
incorporating the provisions contained in the McKinney-Vento Homeless
Education Act of 2001. This bill ensures that a homeless child is
immediately enrolled in school. That means no red tape, no waiting for
paperwork, no bureaucratic delays. It limits the disruption caused by
homelessness by requiring schools to make every effort to keep homeless
children in the school they attended before becoming homeless. It also
creates a mechanism to quickly and fairly resolve enrollment disputes,
ensuring that such process burdens neither the school nor the
children's education. Last, it assists overlooked and underserved
homeless children and youth by raising the program's authorizing level
to $60 million in fiscal year 2002 and reauthorizing the McKinney-Vento
program for another 5 years.
As a former school board and PTA president, I believe H.R. 1 and its
homeless education provisions meet our commitment to local control,
while making the best use of Federal education dollars. I commend the
gentleman from Ohio (Mr. Boehner), the chairman of the committee, as
well as the gentleman from California (Mr. George Miller), the ranking
member, for understanding that being homeless should not limit a
child's opportunity to learn and for addressing in the bill before us
the needs of homeless children.
Mr. Chairman, I urge my colleagues on both sides of the aisle to
support the No Child Left Behind Act. This education reform legislation
is what America deserves and what America's children need.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentlewoman from Michigan (Ms. Rivers), a member of the committee.
Ms. RIVERS. Mr. Chairman, I rise in opposition to H.R. 1. Less bad is
not good. It is not legitimate to argue for passage of a flawed
proposal on the basis that it could be worse.
What we have before us is a huge Federal intrusion into the
jurisdiction of State legislatures and local school boards. What we
have is a poll-driven illusion of reform through standardized testing,
a vehicle that has come under recent scrutiny. Lastly, what we have
here is a largely unfunded Federal mandate to further burden local
school districts.
This is a power grab by the Federal Government, pure and simple. It
represents an attempt to leverage only 7 percent of the funding for
American schools into control of the entire K-12 system. Such action
flies in the face of our long-standing tradition of local control of
education. It also exacerbates an already grave problem in this
country. Americans do not participate in school board elections. They
do not know their board members, when the board meets or how to raise
concerns about the schools. We should not encourage the public to turn
their eyes to Washington regarding educational matters; we should,
instead, direct them back to their own communities and their local
boards of education.
But even if this power grab succeeds, Congress cannot deliver on the
promises this bill makes. Testing is not the panacea its advocates
claim. Polling shows some 70 percent of the public supports school
accountability, and that would seem to show support for this proposal,
but we have not asked the follow up question: do you favor a larger
Federal role in the operation of your local school district? I dare say
the opposition to that would be as high as accountability.
While the Federal Government will help with the costs associated in
giving these tests, no dollars are available for the very real costs of
scoring the tests nor for any response to what the tests may uncover.
This creates a largely unfunded mandate, something we, the Congress,
have condemned since 1995.
There is another polling question that might be asked: do you favor
requiring local schools to spend more money to comply with Federal
requirements?
This bill is a mirage. It is not what it seems to be, and it makes a
terrible trade. It stands a two-century tradition of community-
controlled schools on its head in exchange for the mere illusion of
reform. Vote ``no.''
Mr. ISAKSON. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from Pennsylvania (Mr. Platts), a distinguished member of the
Committee on Education and the Workforce and the gentleman who replaced
the former chairman of that committee, Mr. Goodling.
(Mr. PLATTS asked and was given permission to revise and extend his
remarks.)
Mr. PLATTS. Mr. Chairman, I thank the gentleman from Georgia for
yielding me this time.
As a member of the committee, I rise in full support of H.R. 1. I
would like to commend the chairman of the committee, the gentleman from
Ohio (Mr. Boehner), and the ranking member, the gentleman from
California (Mr. George Miller) for working so diligently with each
other, as well as with other members from both sides of the
[[Page H2405]]
aisle, to help craft a bipartisan bill that I believe all of us can
enthusiastically support. I certainly want to also commend President
Bush for his efforts in this area.
He has brought the issue of education reform to the forefront through
the depth of his commitment to improving America's schools. I have had
the honor to speak with the President regarding this issue on a number
of occasions now. Each time, he has demonstrated to me his genuine,
heart-felt belief in the importance of closing the achievement gap in
America's education system.
The bill we are about to consider is numbered H.R. 1 for a reason. It
is considered by the administration and appropriately by Members of
this House as the top priority for our Nation. There is no more
important challenge before our Nation than ensuring that the next
generation of schoolchildren is fully equipped with the skills and
knowledge that they will need to succeed in work and life. Books and
chalk boards, good teachers, and a safe learning environment, these are
the ingredients to a better future.
Mr. Chairman, H.R. 1 consolidates education programs. It increases
flexibility for local schools and, most importantly, and a corner stone
of the President's plan, it requires accountability through annual
testing. It treats literacy as a new civil right by proposing an
investment of $5 billion in literacy programs to guarantee every
student can read by grade 3.
An area I have particular interest in is preschool education, and the
Early Reading First program proposed by H.R. 1 will help to advance the
debate in this area. Too many children, because they come from broken
families and shattered communities, first arrive at the schoolhouse
already at a tremendous disadvantage. Quality pre-K programs, such as
those envisioned in Early Reading First, can do much to ensure that
these kids will not have to spend their entire elementary years merely
trying to catch up.
I look forward to these and other considerations of the provisions in
the bill, and I certainly join with the chairman of the committee and
with other Members of the House in fully supporting the President's
education plan so that we leave no child behind.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentlewoman from California (Ms. Solis).
Ms. SOLIS. Mr. Chairman, I would like to thank my colleagues as well,
the gentleman from Ohio (Mr. Boehner), the chair of the committee, and
the gentleman from California (Mr. George Miller), our ranking member.
As a freshman Member of Congress, it has been an exciting time for me
and a challenge to serve on the House Committee on Education and the
Workforce, working to draft a bipartisan education bill which truly
will help students in California and throughout the country. I have
been touring the schools in my district to find out exactly what our
teachers, administrators, parents and students really need in terms of
help from the Federal Government. I think the bill that was reported
out of our Committee on Education and the Workforce makes an excellent
start towards helping our students achieve success. I am pleased with
the increased funding levels of title I, and the increase targeting of
funds to low-income and at-risk students. I am also extremely happy
with what was not in the bill, and that is, private vouchers.
Although I am happy with the bill, I do have some concerns. I had
hoped that the Republican leadership would have allowed Democrats the
opportunity to improve the bill through amendments. I had hoped that
school construction, an amendment that was offered by the gentleman
from New York (Mr. Owens) would have had some consideration today.
Likewise, I also wanted to offer an amendment to allow community
learning centers to use their funds to implement programs which would
help immigrant students with language and life skills. Unfortunately,
we were not allowed to offer these amendments.
I have several concerns with portions of the bill dealing with
bilingual and immigrant education. I believe we must dramatically
increase funding for bilingual and migrant education in order to meet
the needs of States which are experiencing a large influx of immigrant
and bilingual students. Also, the bill recommends that students be
moved out of bilingual classrooms and into English-only programs within
a matter of 3 years. I believe this provision is overly restrictive and
has no basis in academic research.
I am also unhappy that the bill requires school districts to try and
receive a parent's permission before putting a child into a bilingual
education program. Requiring parents to ``opt-in'' in order to place
their children in bilingual education is truly unfair.
Mr. Chairman, I think we have a very good education bill before us,
given that we did work in a bipartisan effort. I know that some of my
Republican colleagues will be offering amendments to add private school
vouchers and to also continue the block grant effort. I would urge my
colleagues to oppose those amendments and to stay with the base of the
bill.
Mr. ISAKSON. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from Colorado (Mr. Schaffer), a member of the Committee on
Education and the Workforce.
Mr. SCHAFFER. Mr. Chairman, I thank the gentleman for yielding me
this time.
I am a cosponsor of H.R. 1, and the reason I am is because the
President proposed an ambitious plan, a good plan, called No Child Left
Behind. This plan was adopted in terms of its vision by the Congress
and translated into a bill titled H.R. 1, and that is the version of
which I became a cosponsor.
This is an ambitious plan, and it is one that is balanced in its
approach to education reform. This is a topic, Mr. Chairman, I take
quite personally. I have 5 children; 3 of them have been in school, in
public school in Colorado for about 3 hours, and it is them and their
peers and children just like them that I think ought to be our primary
vision and motivation in considering education issues in this bill in
particular. What the President has proposed was a vision for education
that spoke directly to them.
Key provisions of the bill, however, have been ripped out of the
President's plan by the Committee on Education and the Workforce here
in the House and elsewhere. For example, on the policy page of the
President's plan, the President outlined the following: ``If schools
fail to make adequate yearly progress for 3 consecutive years,
disadvantaged students may use title I funds to transfer to a higher
performing public or private school.'' This provision, the core
provision of the President's plan, has been taken out of his proposal.
The President goes on with respect to flexibility: ``Under this
program, charter States and districts would be freed from categorical
program requirements in return for submitting a 5-year performance
agreement to the Secretary of Education.'' This provision has been
stripped from the bill.
Fortunately, today here on the floor, there are a number of
amendments that were made in order that allow the President's vision to
be restored to, in fact, secure for the President a victory out of the
jaws of what appeared to be imminent defeat. We will have, for example,
an opportunity to vote on a limited Straight A's provision which allows
flexibility to seven States. This is a watered-down provision from what
the President proposed, but important, nonetheless, for us to adopt.
Our failure to adopt these important amendments would be a betrayal
to our President and I am hopeful, Mr. Chairman, that we will honor the
President's vision to leave no child behind by restoring his bill here
on the House Floor.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentlewoman from California (Mrs. Davis), a member of the
committee.
(Mrs. DAVIS of California asked and was given permission to revise
and extend her remarks.)
Mrs. DAVIS of California. Mr. Chairman, I want to thank the
leadership on both sides, because they have worked diligently to create
a document that would focus Federal funds on those students who are
most needy.
While each of us would like to see changes in language or additions
to the program, it is important to respect the restraints of these
compromises and reject attempts to commit major surgery that would kill
the patient. Studies
[[Page H2406]]
regularly show that students learn best in small classes with high
quality teachers. One of the most critical focuses of this bill is to
infuse significant funding into professional development for educators.
I want to speak in support of one such program that I believe has the
potential to dramatically raise the overall performance of teachers,
inspiring good teachers to become excellent teachers.
{time} 1200
While it is not contained in House bill, it is part of the Senate
bill and will be before the conference committee.
This is the authorization of funding for the National Board for
Professional Teaching Standards, which would support a portion of the
application fees so teachers can engage in the demanding year-long
demonstration of their accomplishment in the act of teaching.
I particularly support funding to conduct outreach for the program
because I believe it is a program that can uniquely energize increasing
professional expertise for all teachers, and improve the culture of
teaching in schools.
Teachers seeking this certification have to justify the decisions
they make every day on how they teach and respond to children of
diverse backgrounds, learning styles, and achievement levels. They
answer these questions in writing and through videotape portfolios of
their own interaction with students. One of the most critical elements
is the follow-up self-reflection critiquing their own performance.
Teachers who have survived this rigorous process repeatedly tell me
that just doing it has made them better teachers.
Mr. Chairman, we need to give incentives to those teachers,
especially in the very schools targeted in this bill, so that they will
have the opportunity to demonstrate their accomplished teaching skills.
Mr. ISAKSON. Mr. Chairman, I yield 2 minutes to the gentleman from
Arkansas (Mr. Hutchinson).
(Mr. HUTCHINSON asked and was given permission to revise and extend
his remarks.)
Mr. HUTCHINSON. Mr. Chairman, I thank the gentleman for yielding time
to me.
Mr. Chairman, I support the education initiative that is before us
because it provides more funds for education, provides assessments of
the progress of students, and it provides more flexibility to the
States. But it does more, in my judgment, than justify support. It does
something for teachers.
My son, Seth, this week is graduating from the public schools in Fort
Smith. He has done well, but he has done well to a large extent because
of one teacher who went the extra mile to help him out. He provided a
difference. His name is Mr. Larry Jones. He gave extra hours, and was a
career-minded, student-oriented teacher who made a difference in
someone's life. Yet, he received no more pay for his extra ability and
devotion.
Quality teachers in my judgment should be paid well, encouraged, and
rewarded for their success. This bill includes a provision in title II
that I worked on with the committee that allows States and school
districts to obtain funding for professional development of teachers;
pay differentiation, which rewards teachers' individual efforts based
upon leadership, student achievement, and peer review; and it also
provides new approaches, funding for new approaches to provide teachers
with optional career paths, such as career, mentor, and master teacher
designations.
Mr. Chairman, I support this legislation because it acknowledges that
teachers are the heart and soul of our education system and should be
rewarded and encouraged for their efforts. I hope we can keep teachers
in the teaching profession making a difference in the lives of
students. I believe this legislation does that. I ask my colleagues to
support it.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentlewoman from California (Ms. Eshoo).
Ms. ESHOO. Mr. Chairman, I thank the gentleman for yielding time to
me.
First, I want to salute the leadership of the committee, both the
gentleman from Ohio (Chairman Boehner), and the gentleman from
California (Mr. George Miller) on our side of the aisle. I do not think
there is a Member of the House of Representatives that has the passion
and the eloquence and is such a virtuoso as the gentleman from
California (Mr. George Miller), so we thank him for his work. We are
all grateful to him.
Mr. Chairman, this last Saturday in my congressional district in Palo
Alto, California, the Board, the Student Advisory Board for
California's 14th Congressional District, presented their annual report
to the community.
This year, the 25 exceptional high school students on the Board
decided to focus on one of the most critical issues of our time,
education. They specifically analyzed recruitment and retention of
teachers.
Their proposal included a number of important initiatives, including
loan forgiveness, integrated housing and transportation for teachers,
scholarships for college students who agree to teach after their
graduation, a national teacher academy, Federal grants for continued
learning, and skill-based bonuses.
I bring their ideas to the floor of the House today because it is not
only important to heed their voices, but because I believe this bill
represents a beginning of what we can do for education, and some of
their ideas are in this bill.
The underlying bill is a good bill, it is a balanced bill, and it is
a bipartisan bill. It includes a 66 percent increase in teacher
training and class size reduction. It includes $1 billion for
technology programs, a $128 million increase from current law, and $55
million more than the President's plan.
I am pleased that it does not include vouchers. Seventy-one percent
of California voters last year chose not to have a State voucher plan
because they siphon off some of the most important funding for 90
percent of our students in our country that are in the public education
system.
The bill does have its shortcomings. We should fully fund IDEA. We
should have school construction. We should take that up after this
bill.
I support the underlying bill. I thank the leadership of the
Committee, especially our magnificent gentleman from California (Mr.
George Miller), and I urge our colleagues to vote for it.
Mr. ISAKSON. Mr. Chairman, I am pleased to yield 4 minutes to the
gentleman from Delaware (Mr. Castle), the chairman of the Subcommittee
on Education Reform and a tireless worker on behalf of President Bush's
desire to leave no child behind.
Mr. CASTLE. Mr. Chairman, I thank the gentleman from Georgia for his
kind introduction, and I thank everyone who worked on this bill; of
course, the gentleman from Ohio (Mr. Boehner) and the gentleman from
California (Mr. George Miller), but also including the staff. They have
done tremendous work here.
This week, the House takes the next step toward the enactment of H.R.
1, the No Child Left Behind Act of 2001, our best effort to navigate
the philosophical differences between our parties and realize our
shared vision of a better future for all children.
Prior to 1965, many poor and minority students were denied access to
a quality education. In effect, this country had a two-tiered
educational system, one with low expectations for poor and minority
students and high expectations for others.
Then Washington got involved. Now, after 35 years and more than $130
billion of well-intentioned Washington spending, we have yet to close
the achievement gap between disadvantaged students and their more
affluent peers. We have allowed ourselves to believe that some children
are simply beyond our reach. As a result, this Nation has suffered.
Today, with the consideration of H.R. 1, we have rededicated
ourselves to the notion that all children can learn, and we begin the
reforms to ensure that no child is limited by a high school education
that does not provide him or her with the necessary skills to read and
write well. The No Child Left Behind Act of 2001 fundamentally changes
our system of education to enhance accountability and focus on student
achievement. It increases flexibility, expands options for parents, and
ensures that all reforms are tested by scientific research.
[[Page H2407]]
Specifically, H.R. 1 builds on the 1994 authorization, focusing on
what will be taught and what should be learned at the State and local
levels, and it asks schools to demonstrate their ability to drive
student results by measuring how well or poorly students perform from
one year to the next in reading and math.
Although the bill is careful to preserve a State's ability to design
or select its own standards and assessments, the data required by H.R.
1 will help parents, teachers, and other school personnel intervene as
soon as a student begins to falter, not after several years of failure.
This is essential. As Lisa Graham Keegan, superintendent of Arizona
Public Schools, testified before my subcommittee, these tests are not a
punishment for students, teachers, or even the school, they are
assessment tools. Without them, we simply cannot measure progress and
we cannot have accountability.
Yet, some have raised concerns about the tests in their own States.
To the extent there are problems such as low standards and cheating,
they should be addressed.
That said, I firmly believe that these concerns should not call into
question the need to measure progress. I hope we will focus on our
attention on how best to use these tests to enhance student
achievement.
H.R. 1 also requires each State to sample students in fourth and
eighth grade with the National Assessment for Education Progress, or
another independent test of the State's choosing, to confirm the
results of the State's assessments. Since the standards and assessments
are developed at the State level, I believe a national measure is
critical to help the public monitor the quality of standards and
assessments in various States.
Currently, NAEP is the only test that will allow comparison between
States and student groups, and is the best barometer of student
achievement. Most Members of Congress use NAEP data to demonstrate our
Nation's education failures. While I feel the need to preserve the
balance of the agreement, I hope to work with my colleagues to better
inform them about NAEP and to ensure that we do not inadvertently
promote low standards students with other independent assessments.
Let me state unequivocally that any effort to strike or weaken the
test provisions of the H.R. 1 would play into the hands of the keepers
of the status quo, effectively preserving a failed system that does not
ask if children are learning. A vote against testing would strike at
the heart of President Bush's accountability system. I urge all Members
to oppose any such amendment.
H.R. 1 also seeks to address the current lack of accountability for
education failure. For our public schools, wherein 90 percent of our
children are educated, we provide Federal dollars and technical support
as soon as they begin to fail. Yet, after time and assistance, H.R. 1
recognizes that some schools, by virtue of mismanagement or chronic
neglect, have not only failed to increase student achievement but have
actually retarded educational progress. For these schools, we require a
substantial restructuring.
More importantly, we give the children a chance to learn by allowing
them to immediately transfer to another, better-performing public or
charter school. In addition, we allow students to take their share of
Title I dollars to a private entity for tutoring or remediation
services to ensure that they get the help that they need.
Finally, H.R. 1 grants new flexibility to States and local school
districts, and vests additional power in the hands of practitioners,
not bureaucrats.
I urge everyone to support this legislation and to oppose the testing
amendment.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentleman from Oregon (Mr. Wu), a member of the Committee.
(Mr. WU asked and was given permission to revise and extend his
remarks.)
Mr. WU. Mr. Chairman, I would like to speak for a moment about H.R.
1, which I consider to be a good bill, but one which could be even
better.
There are two notable omissions from this bill: a freestanding effort
to reduce class size, and a freestanding effort to build new schools or
to repair crumbling schools.
Class size reduction efforts are included in this bill, but they
compete, they compete with teacher quality and teacher training
programs. I submit to the Members that no school, no parent, should
have to choose between having a quality teacher and a small class size,
which promotes learning and teaching. This is the only way that we can
truly leave no child left behind.
Many Members know that many parents choose to send their children to
private school substantially in part to get the benefits of smaller
class size. But all children should have the benefit of this kind of
education, a small class and a quality teacher.
Small class size, reducing class size, was a freestanding effort lost
in the Senate by 50 to 48, and we were not permitted to bring that
amendment to this floor. I urge the conferees to restore the
freestanding program in the conference committee.
This program has fallen victim to politics associated with the
Clinton administration. I think that is extremely unfortunate, because
this is not a Clinton idea, this is a commonsense idea, one which
benefits all children across America, and we should restore it to this
bill any way we can.
The CHAIRMAN. Without objection, the gentleman from Ohio (Mr.
Boehner) will reclaim his time.
There was no objection.
Mr. BOEHNER. Mr. Chairman, I am pleased to yield 4\1/2\ minutes to
the gentleman from Michigan (Mr. Ehlers), a member of the committee.
Mr. EHLERS. Mr. Chairman, I thank the gentleman for yielding time to
me. I also thank him for good service as the chairman of the committee
on a very difficult bill.
Mr. Chairman, I am not only thankful for his service, and that of the
gentleman from California (Mr. George Miller), the ranking member, but
I am also thankful that we have a good President who supports improving
education, and supports it not just because it is a major campaign
issue, but supports it from his heart. He also understands the
appropriate Federal role, and his work on this reflects that.
We need flexibility and accountability. We need respect for local and
State rights and responsibilities. Again, I say that from my heart,
because I have served in local, State, and Federal government. This
bill provides that flexibility. It also provides that accountability. I
urge this body to vote for that bill.
Mr. Chairman, my interest in education extends back many years. I
served for 22 years as a professor at the University of California at
Berkeley and at Calvin College. My interest in this bill's particular
aspect of education developed some 36 years ago when I became involved
in working with teachers in elementary schools, trying to improve
science education.
This arose very naturally from my background as a scientist. I have
taught National Science Foundation summer institutes for elementary
school teachers. I have worked in schools with the teachers and the
students. I believe I have a good understanding of the issue.
I think it is extremely important that we improve our science
education in this Nation, not just because I am a scientist, but
because that is where the jobs of the future are. We currently have
over 300,000 open jobs in this Nation for scientists, engineers,
technicians, and those jobs are not being filled because we are not
training the people.
This bill will help to train our children so they will qualify for
those jobs in the future. I think that is an extremely important aspect
of the bill. But we do have to strengthen the bill a bit because,
although the bill asks States to set standards for science, it does not
require assessments of student's learning of science.
We hope to take care of that problem in a colloquy which the
gentleman from Ohio (Mr. Boehner) and I will engage in in just a
moment. The Senate has included science assessments in their bill. We
had it in the original bill. It unfortunately is not in the current
bill before us, but we are hoping through the colloquy to make sure
that is in the bill when it reaches the House for consideration of the
conference report.
Let me also make one last comment about ``Leaving no child behind.''
I believe that it is very important to apply
[[Page H2408]]
that principle to all those who have learning difficulties but are
still learning-able. I am referring specifically to dyslexia, in which
I have a deep interest because I have a grandchild who has dyslexia.
This tie I am wearing today came from a private institution which
offers training in dyslexia. My grandson is also in a private school
which specializes in dyslexia. We are simply not doing the job in
public education to take care of these students, and we must in the
future.
{time} 1215
Mr. Chairman, I would like to enter into a colloquy with the
gentleman from Ohio (Mr. Boehner), chairman of the Committee on
Education and the Workforce.
As the gentleman from Ohio knows, I had filed an amendment to restore
the science assessment provisions that were included in H.R. 1, as
introduced, that would essentially mirror the science assessment
language in the Senate bill.
Specifically, my amendment would have required States to assess
student performance in science by the 2007-2008 school year. A similar
amendment was offered in the last Congress to H.R. 2, where it passed
with a vote of 360-62.
Mr. BOEHNER. Mr. Chairman, will the gentleman yield?
Mr. EHLERS. I yield to the gentleman from Ohio.
Mr. BOEHNER. That is correct. I am very familiar with the gentleman's
amendment.
Mr. EHLERS. Mr. Chairman, reclaiming my time, I understand the
gentleman supported making this amendment in order and that it was left
out in the amendments that we are considering in this bill.
Mr. BOEHNER. If the gentleman will continue to yield, the gentleman
has been a leader in improving science education in our Nation's
schools, and I was looking forward to working with the gentleman to
debate this issue on the floor. Unfortunately, the amendment was not
made in order.
Mr. EHLERS. Would the gentleman agree to include the science
assessment amendment in the conference committee to H.R. 1?
Mr. BOEHNER. As the gentleman noted, similar language is in the
Senate bill, and I would pledge to work with the gentleman from
Michigan (Mr. Ehlers) when we get to conference to ensure ESEA
legislation reflects our Nation's dire need for closing the
international achievement gap in math and science.
Mr. Chairman, I pledge to work to develop concrete strategies to
address this important need.
Mr. EHLERS. Mr. Chairman, I thank the gentleman from Ohio for
yielding the time, and I thank him for his leadership. I look forward
to continuing our work together, not only on this amendment, but also
on the entire bill.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentleman from North Carolina (Mr. Price).
(Mr. PRICE of North Carolina asked and was given permission to revise
and extend his remarks.)
Mr. PRICE of North Carolina. Mr. Chairman, this education bill
represents the first real bipartisan effort of this Congress. I commend
the leaders from both sides of the aisle who have put it together. I
just hope it stays bipartisan for the sake of our children and our home
communities.
The bill will help local school districts meet some of our most
pressing education challenges. There is a strong emphasis on early
reading and a commitment to title I and special education funding. The
bill expands public school choice, which is welcome news in my district
where magnet schools have been especially successful. The bill also
provides resources and specific remedies to turn around low-performing
schools.
In these next hours of debate, we are going to face amendments that
could derail this bipartisan success. We will face an amendment to
provide public funding for private school vouchers, which would siphon
money away from public education, not strengthen it.
We will face amendments to weaken the link between dollars and
results. We must maintain accountability to ensure that our children
are learning.
Of course, when you have a truly bipartisan piece of legislation, no
one gets everything he or she wants. I would have liked to have seen
more attention paid to reducing class size. We know that smaller class
size improves student learning, especially in the early years. We need
to build more schools and hire more teachers to get class size down and
to improve the quality of what is going on in the classroom.
Schools in my area are bursting at the seams with thousands of
students going to school in hundreds of trailers. We have crumbling
classrooms and outdated facilities. Over 90 percent of children in
kindergarten through third grade in my district are learning in
overcrowded classrooms. There are 24,000 children trying to learn in
classrooms with 25 or more students.
So we need local school districts to build more schools; and when new
classrooms are built, we need quality teachers to teach in them.
In my State, we have a staggering need to hire 80,000 new teachers in
the next 10 years. I actually think that the teacher shortage is the
education issue of the next decade, and neither party has paid
sufficient attention to it. Without quality teachers in the classroom,
no other education reforms we talk about are going to work.
But today, Mr. Chairman, we have a chance to take an important first
step, a bipartisan step in the right direction. We can improve American
public education in this country together. Vote for the bill and
against crippling amendments.
Mr. BOEHNER. Mr. Chairman, I yield 2 minutes to the gentleman from
Mississippi (Mr. Wicker).
Mr. WICKER. Mr. Chairman, I rise to enter into a colloquy with the
gentleman from Ohio (Mr. Boehner), chairman of the Committee on
Education and the Workforce.
The current language of H.R. 1 requires that a school identified for
improvement must provide all students enrolled in that school with the
option to transfer to another public school within the same local
educational agency.
I am concerned that this language may not provide public school
choice to students in many rural areas. For example, in my mostly rural
congressional district, a school district is often comprised of a
limited number of schools, sometimes including only a few elementary
schools and one high school.
With few schools from which to choose, there is little or no choice
within the same school district and, therefore, no relief for those
students.
Mr. Chairman, I am hopeful that as the legislative process continues,
the bill can include language such as I proposed to the Committee on
Rules which will allow a student trapped in a failing school to
transfer to another public school, regardless of the school district.
Will the chairman continue to examine this issue during the
conference with the Senate?
Mr. BOEHNER. Mr. Chairman, will the gentleman yield?
Mr. WICKER. I yield to the gentleman from Ohio.
Mr. BOEHNER. Mr. Chairman, I would be happy to work with the
gentleman from Mississippi (Mr. Wicker) to address this issue in
conference. H.R. 1, as we know, provides for within district school
choice and then allows for the establishment of cooperative agreements
with neighboring school districts, to the extent practical, if there
are no higher-performing schools in the original district.
I understand the gentleman's concerns about meaningful public school
choice in rural areas where choices are limited, and I can assure the
gentleman that I will work in conference towards giving students at
low-performing schools the option of transferring to another public
school outside of their current school district.
Mr. WICKER. Reclaiming my time, I thank the gentleman for this
assurance.
Mr. KILDEE. Mr. Chairman, I yield 2 minutes to the gentlewoman from
California (Ms. Sanchez).
Ms. SANCHEZ. Mr. Chairman, I am pleased to speak in support of this
legislation. This bill is proof that friends on both sides of the
aisle, even those who may not agree often, can come together in a
bipartisanship way to accomplish a goal.
We cannot hold public schools accountable for improving education
unless we give them the funds to ensure
[[Page H2409]]
that they can meet those goals. I believe that this bill does both.
Mr. Chairman, H.R. 1 authorizes $24 billion in funding for our
national kindergarten through 12th grade education programs, a 29
percent increase over the current fiscal year, much more than the
funding levels provided by President Bush's own budget.
The bill doubles title I funds over the next 5 years to $17.2
billion, and it includes real support for teacher training.
I am reminded, 2 years ago when then-Vice President Al Gore was in my
district and we were talking about school construction, we asked a
young student about 12 years old what was the most important thing she
was looking forward to in her classroom and she said, well, everybody
knows, Congresswoman, that the quality of the teacher is the most
important thing for a child to learn.
I am excited that we are doing something about teacher training. This
bill also removes provisions diverting funds from public schools,
whatever the newest name for them are, including private school choice.
Vouchers do not support the vast majority of the students in the United
States.
I am reluctant to support some parts of this legislation, but,
overall, I am very proud of the work that my fellow members of the
Committee on Education and the Workforce have done. And I commend both
the gentleman from Ohio (Mr. Boehner) and the gentleman from California
(Mr. George Miller) for having made this bill possible, because truly
without both gentlemen, this would not have gotten done.
Today, the House has a rare opportunity to get some real work done,
and I urge my colleagues to support H.R. 1.
Mr. BOEHNER. Mr. Chairman, I yield 3 minutes to the gentleman from
Washington (Mr. Nethercutt).
Mr. NETHERCUTT. Mr. Chairman, I thank the gentleman from Ohio (Mr.
Boehner) for yielding the time.
Let me first thank the gentleman for all the hard work he has done in
putting together a truly bipartisan education bill.
Mr. Chairman, I would request that the gentleman from Ohio (Mr.
Boehner) enter into a colloquy with me.
Mr. BOEHNER. Mr. Chairman, will the gentleman yield?
Mr. NETHERCUTT. I yield to the gentleman from Ohio.
Mr. BOEHNER. I would be happy to do so.
Mr. NETHERCUTT. Mr. Chairman, reclaiming my time. I come before the
House today to draw the gentleman's attention and the attention of the
Committee on Education and the Workforce to the Star Schools program. I
believe the Star Schools program has served students in my district and
throughout the country very well.
The Star Schools program is a distance-learning network which gives
students the opportunity to take classes they have never had before.
As many of my colleagues know, many small, rural and underserved
urban school districts cannot afford to hire teachers to offer a wide
variety of classes.
In small school districts, distance-learning programs are often the
only opportunity students have to take advanced math and science or
foreign language classes necessary to apply to college. Underserved
urban school districts are often unable to find or afford qualified
teachers to offer students unique and upper level courses.
The distance-learning programs offer a cost-effective way to level
the playing field for all students, offering them the opportunity to
take the same classes as their peers in larger and better-funded
schools.
Mr. BOEHNER. Mr. Chairman, if the gentleman will continue to yield, I
want to thank the gentleman from Washington (Mr. Nethercutt) for
bringing this to my attention and talking about the importance of
distance learning.
I believe strongly that distance learning is an important tool for
many local school districts and students. And for this reason, this
legislation places strong emphasis on distance-learning programs in the
education technology grant program.
Mr. NETHERCUTT. Mr. Chairman, I thank the gentleman for his comments.
Mr. Chairman, I visited STEP Star, which is the distance-learning
program operated by Educational Service District 101 in my own 5th
District of Washington. Their program is very impressive. STEP Star and
all Star Schools programs provide an irreplaceable education resource
to our rural school districts. STEP Star, which is partially funded
through the Star Schools program, has made it possible for students in
rural school districts, in my district and around the country, to take
a variety of classes from a live teacher, whom they can interact with
and ask questions of.
Outside of the class hour, programs like STEP Star allow students to
talk with teaching staff. Online resources provide for instant exchange
of electronic paperwork. Students can communicate with teachers and
tutors through e-mail or participate in discussions with fellow
classmates through bulletin boards.
So, once again, I thank the gentleman from Ohio for his support of
distance-learning programs; and I just ask that as he moves forward
with this legislation, to keep in mind the importance of ensuring that
distance-learning programs remain affordable to the most vulnerable
students and school districts, rural, small, and underserved urban
districts.
Mr. BOEHNER. Mr. Chairman, I thank the gentleman for his comments and
pledge to work with the gentleman on this and other programs as we get
into the conference.
Mr. KILDEE. Mr. Chairman, I yield 2 minutes to the gentleman from New
Jersey (Mr. Holt).
Mr. HOLT. Mr. Chairman, I thank the gentleman from Michigan (Mr.
Kildee) for yielding the time to me, and I commend him and the
distinguished Members from California and Michigan, as well as the
gentleman from Ohio (Mr. Boehner), chairman of the Committee on
Education and the Workforce, for their sincere effort to put together a
bipartisan bill.
We are looking back now over the years of the Elementary and
Secondary Education Act. Congress has amended, expanded, streamlined,
revised the ESEA eight times creating programs to help migrant
children, neglected and delinquent youngsters, limited English
proficient students, and other special children.
Programs have been launched to enhance math and science instruction
and rid the schools of drugs and violence. Smaller ESEA programs have
been created to advance school desegregation, stimulate educational
innovation and achieve other important purposes.
However, the face of American education has changed in many ways over
the past 30 years. One way it is changing right now that has been
addressed earlier but cannot be emphasized too much is that over the
next 10 years, we will need to recruit, train and hire 2.2 million new
teachers, 2.2 million, just to keep up with attrition and retirement.
Mr. Chairman, I would also say that success in the information age
depends not just on how well we educate our children generally, but how
well we educate them in math and science specifically.
The majority of these new teachers will be called on to teach math
and science. I am proud to have served on the National Commission on
Mathematics and Science Teaching chaired by former astronaut and
Senator John Glenn.
The Glenn Commission calls for major changes in the quality,
quantity, and professional work environment of our math and science
teachers.
Although not on the same scale as in the bill that the gentlewoman
from Maryland (Mrs. Morella) and I produced from the Glenn Commission,
this bill includes new math and science partnerships that mirror what
we set out to do in the Glenn Commission. It is an excellent start on
focusing the attention on math and science education.
The gentlewoman from Illinois (Mrs. Biggert) and I, also in
committee, put together a bipartisan amendment to strengthen math and
science partnerships.
Going farther, one of the main recommendations of the Glenn
Commission was to establish regional academies that would recruit
talented, mid-career professional and recent graduates in math and
science teaching. Unfortunately, that recommendation is
[[Page H2410]]
not in this bill, and the rule did not allow that and many other
important areas to come for debate.
Mr. BOEHNER. Mr. Chairman, I yield 2 minutes to the gentleman from
Indiana (Mr. Souder), a member of the Committee on Education and the
Workforce.
{time} 1230
Mr. SOUDER. Mr. Chairman, I want to make it clear at the beginning of
my remarks that I strongly support our President. I think he is doing a
great job. I strongly support the gentleman from Ohio (Mr. Boehner),
our committee chairman. I think he has done a great job in a very
difficult situation. But I rise to oppose this education bill, Goals
2001.
I remember as a kid, I heard President Nixon say we are all
Keynesians now. Right now I kind of feel like what we are saying is we
are all liberals now in education. The fact is, in this Goals 2001,
this current bill, unlike Goals 2000 where we were supposed to have the
States evolve towards a national plan, we have a national plan.
Unlike the spending in education under former President Clinton, this
bill spends more. Unlike the education bills under President Clinton
where there was a proposal to just develop and look at a national test,
this has national testing; and it has it for 6 years in a row, mandated
by a backup of the Federal Government that, if one's State test does
not meet the national standards, one can have one's money jerked.
Furthermore, it will lead to, in my belief, a national curriculum.
There are more new programs in this bill than there were under
President Clinton. At some point, one says when is it a bipartisan bill
and when is it just taking two-thirds or more of what the Democrats had
proposed in the past?
Now, there are some amendments here that could change the bill. The
amendment of the gentleman from Michigan (Mr. Hoekstra) would wipe out
the testing and put us back to where we were under President Clinton.
The amendment of the gentleman from California (Mr. Cox) would have the
spending be only a little bit more than under President Clinton. The
bill of the gentleman from Texas (Mr. Armey) would take us back to
where we were as Republicans last year on school choice. The bill of
the gentleman from South Carolina (Mr. DeMint) would take us, not quite
back to where we were last year, but at least to the Kennedy position
in the Senate.
I know there are not going to be very many conservatives who are
going to stand up under the pressures that we are under, and against
the polls, and oppose this bill. I do not know whether there will be
five of us, whether there will be 10 of us, or whether there are 20 of
us; but there are some of us who are going to say that there are still
Republicans who are conservative on the education issue, as on other
issues.
Mr. KILDEE. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman
from Wisconsin (Mr. Kind).
(Mr. KIND asked and was given permission to revise and extend his
remarks.)
Mr. KIND. Mr. Chairman, I thank the gentleman from Michigan for
yielding me this time.
Mr. Chairman, as a member of the Committee on Education and the
Workforce, I rise in strong support of the underlying core bill, H.R.
1, the Elementary and Secondary Education Reauthorization Act.
Let me be clear though, we have a lot of good schools, a lot of good
school districts, a lot of good students doing incredibly well in the
public education system throughout our country. I am particularly proud
of the education system we have in the State of Wisconsin and my
district that I represent in western Wisconsin. But there are also a
lot of students in need, a lot of schools and school districts in need.
That is what this bill is meant to address.
The underlying provisions of this bill, I believe, are very good and
receiving wide bipartisan support for good reason. It does retain
targeting for the most disadvantaged students throughout the country.
It increases resources in key programs. It does consolidate a lot of
the programs that exist at the Federal level, but consolidates it with
added flexibility to local school districts.
It has an emphasis on early childhood reading programs. It recognizes
the importance of professional development programs for our teachers,
but also an area that is of particular concern for me, professional
development of the leadership of our schools, principals and
superintendents.
It recognizes the need for research-based education programming and
the important role that technology brings in educating our children
today. It also contains measurements, measurements which will hopefully
be used for diagnostic purposes with enough remediation resources in
order to lift students who are underperforming in our school districts,
rather than as a means to just punish schools and our students.
But there is still work that needs to be done. There are some glaring
absences in this education bill, not least of which is pre-K education
programming. There was an excellent study that came out of the
University of Wisconsin just a couple of weeks ago that was published
in the Journal of American Medical Association that I would reference
my colleagues to, talking about the advantages and the benefits of a
good focused pre-K education program. We also need to do a better job
and a more efficient job of the education research programs that exist
right now.
But perhaps the most glaring weakness of the bill is that we are not
living up to our responsibility for special education funding in this
country. The gentlewoman from Oregon (Ms. Hooley) and I offered an
amendment to get the Federal Government to live up to our 40 percent
responsibility of special education funding for local school districts.
That amendment was not made in order.
We hope to be able to work as the appropriation process moves forward
this year in getting enough of our colleagues to recognize the
importance of the Federal Government to live up to our cost share for
special education expenses.
If we can do one thing that will free up more resources, increase
flexibility to local school districts, it is for us to live up to that
40 percent cost share rather than the slightly less than 15 percent
that we currently have today. So we have more work to do this year, but
H.R. 1 is a good start.
Mr. BOEHNER. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman
from Kentucky (Mr. Fletcher), a member of the committee.
Mr. FLETCHER. Mr. Chairman, I appreciate the opportunity to speak on
this very important subject. I think we all would probably agree that
the education of our children is one of our greatest responsibilities.
Let me say thanks to the gentleman from Ohio (Chairman Boehner) for
all of his work, an amazing accomplishment as we pass this bipartisan
bill out of the House Committee on Education and the Workforce.
Folks have said, well, it is not perfect. Of course it is not. But it
is a very, very good product and a great step in the right direction.
Does it please everyone? No, but I think it does an outstanding job to
change the direction of education in this country, the first change we
have had in probably about 30 years.
The President has established the principles, and I think this bill
meets those principles. There are a few things that we might work on as
we amend it to try to give students more choice. But right now, the
focus that I think we need to look at, too, is particularly on the
educational gap that we have in this country.
When I look at minorities and look at only 36 percent of minorities
being able to read on grade level by the fourth grade, we have a
problem, a serious problem, an unacceptable problem. I believe this
legislation, this initiative by the President, will help address that
problem, a problem that I would say has been largely ignored over the
last several decades.
The gap has not decreased. We have not offered the kind of help in
education to empower minorities in this country that we should. I think
it is a reflection of some soft discrimination that lowers
expectations, that we need to make sure that that is stopped and that
we raise expectations, the accountability, the focus on literacy which
is needed in this country greatly to make sure that the minorities
close that gap.
[[Page H2411]]
We have seen that happen in Texas under the President's leadership. I
believe it can happen nationally, and I think that is one of the
strengths of this bill is to say let us stop that soft discrimination.
Let us provide the kind of educational opportunities we need to provide
to the minorities in this country so that we give them the kind of
freedom for those children to be all that they can be.
Let me say this, with the flexibility it offers, it is the very thing
we heard on our education hearing we had in Lexington, Kentucky. We had
a hearing on minority education in Lexington, Kentucky, at Booker T.
Washington. One of the things we heard from a teacher, Richard Greene,
was that give us the flexibility locally that we need to take these
children to mentor them, to provide the kind of education that they
need, because he does that. He has seen lives turned around.
I believe this education bill will give greater opportunities to make
real differences in the lives of those students and allow that teacher,
Richard Greene, to provide that mentoring and opportunity to those
students to give them the opportunity again to reach their full
potential and be all they can be.
Mr. KILDEE. Mr. Chairman, I yield 2 minutes to the gentleman from New
Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Mr. Chairman, this Congress, led by the gentleman from
Ohio (Chairman Boehner) and the gentleman from California (Mr. George
Miller), has come together to produce an agreement that I believe will
make America's public schools better, and I am pleased to support it.
This bill introduces a new principle into Federal education policy;
and that is, as we increase resources to public schools, we also
increase responsibility. We require schools that have not measured up
to figure out how to measure up, and we make a promise that the
resources will be provided to make that measurement happen.
I am particularly pleased that, with the cooperation of the majority,
we have made efforts in this bill to expand opportunities to use
Federal resources for pre-kindergarten education. Under a provision of
the manager's amendment, which I worked on with the gentleman from Ohio
(Mr. Boehner), schools will be able to use monies under title IV of
this bill to provide quality pre-kindergarten education.
Also, under title I of this bill, the bill clarifies that, in whole
school reform, pre-K monies may also be used. I also appreciate the
fact that the majority worked with my efforts to provide funding for
peer mediation programs so that school violence can be curtailed.
We are going to work together to pass this bill, Republican and
Democrat. We will work together and send it to the President's desk. I
believe that schools and students all across the country will be better
for it. I urge my colleagues to support this bill.
Mr. KILDEE. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman
from Tennessee (Mr. Ford).
Mr. FORD. Mr. Chairman, I thank the gentleman from Michigan (Mr.
Kildee) for yielding me this time.
Mr. Chairman, I thank the gentleman from Ohio (Mr. Boehner) and the
gentleman from California (Mr. George Miller) for all the hard work
that was expended in crafting a compromise between the two parties.
I will say that I plan to support this legislation for many of the
reasons enumerated already, particularly by the gentleman from New
Jersey (Mr. Andrews) and the gentleman from Wisconsin (Mr. Kind).
I will add that I am a little disturbed and concerned about three
issues, Mr. Speaker. One is the enormous gap between the funding levels
provided in the authorization, and we all use all this terminology
here, meaning, for those who are watching at home, if there is anyone
watching at home, the amount of money that we said we would spend and
the amount of money that we intend to spend.
The amount of money that we said we want to spend, we indicated in
the committee. The amount of money that we intend to spend was decided
on the floor not long ago when we passed the budget resolution offered
by the majority. The problem is there is an enormous gap between what
we said we want to spend and what we actually intend to spend.
So all of this sounds great, but until the appropriators come to meet
and decide on what that level of funding would be, we face a problem.
Two, we constantly complain in this body about how the Federal
Government is not living up to its responsibility with local
governments in terms of providing dollars for special education, or
IDEA as we call it.
I hear from educators all across my district, Democrats, Republicans,
those who teach in schools where one has a large swath of poor kids and
those who teach in districts where one has middle-class or upper-income
students.
The former chairman of our committee from Pennsylvania, who was a
good man, often complained that before we moved as a Congress to enact
new programs, we ought to live up to our commitment; we the Federal
Government should live up to our commitment to provide up to 40 percent
of funding for IDEA. We are not doing that. Not only are we not doing
that, but amendments were blocked by the majority.
The last two points: the most urgent challenge we face in the great
State I am from, Tennessee, and the area I am from, Memphis, is
building new schools. No money is provided for that and no opportunity
to bring an amendment for that.
Lastly, class size reduction. I had the opportunity to speak at one
of the finest schools in my district's graduations. Thirty-six students
graduated. Wonderful class. The kids are all going to go on to college.
I will speak at a few other graduations in the coming days.
As I hear fourth and fifth grade teachers complain about teaching 25
to 30 students, I cannot help but think why the majority would not
allow an amendment to deal with class size reduction.
Again, I intend to support this bill; but I submit to this Congress,
if 5- and 6- and 7-, 8-, 9-, 10-, 11-, 12-year-olds could vote, they
would vote us all out of the place. Because not one of them would
support learning in a school that was 40 to 50 years old, where water
does not run, where roofs are falling in. We would not subject
ourselves to that, and we certainly should not subject our kids to
that.
We will pass this bill in the coming days, but I hope we come back
and do what is right and build schools for kids all across this Nation.
Mr. KILDEE. Mr. Chairman, I yield 2 minutes to the gentleman from
Maryland (Mr. Wynn).
Mr. WYNN. Mr. Chairman, I thank the gentleman from Michigan for
yielding me this time.
Mr. Chairman, we may be actually watching Congress at its best; that
is to say, that we have managed to, number one, address one of the
Nation's most pressing concerns, improving our education system; and,
two, we have done it in a very bipartisan method.
To that extent, I want to begin by offering congratulations to the
gentleman from Ohio (Chairman Boehner) for his hard work and also to
the gentleman from California (Mr. George Miller), a Democratic
chairman. I think this is a great example of what happens when we work
together. We deal with the Nation's business. This is not a perfect
product, however; but it certainly is a very good product.
The administration, many of my Republican colleagues want to talk
about accountability. We need to ensure the students perform and the
schools perform. Those are very good things. My State of in Maryland
has been a leader on the question of accountability. The additional
tests will help us measure whether our students are achieving or
whether we are passing them through.
But in addition to accountability, we also need resources; and that
is why I am very pleased that additional resources are in this bill for
title I to help disadvantaged students, also for teacher training and
class size reduction. I would like a little more for class size
reduction, but clearly there has been a substantial improvement led by
the Democrats saying we need resources in addition to accountability.
{time} 1245
Reading, the foundation for educational achievement, is funded
adequately, and I am very pleased with that. And my personal issue,
after-
[[Page H2412]]
school programs, received a substantial increase. We need to provide
opportunities for young people to have constructive after-school
activities to provide a total environment.
Let me add that we also have in this bill something called public
school choice, which is part of the accountability mechanism, and I
think that is a good idea. Now, we will hear later about private school
vouchers. I think that is a very bad idea. But giving students the
opportunity to attend other public magnet schools or charter schools or
schools that are performing helps enforce accountability. I think that
is very good.
Now, this is not a perfect bill, and there are serious concerns on
the question of school construction and school modernization. We have
talked a lot about technology. We need more money to modernize our
schools to utilize the latest technology. But some things are very
basic in terms of school modernization.
Some fourth graders standing out on the steps taking a photo-op with
their Congressman said to me, ``Congressman, we need air-conditioning.
Because when it gets hot, our teacher gets grouchy.'' And I think that
is a real good advertisement for school construction. I hope we pass
this bill.
Mr. BOEHNER. Mr. Chairman, I yield 1 minute to the gentleman from
Maryland (Mr. Gilchrest).
Mr. GILCHREST. Mr. Chairman, I thank the gentleman for yielding me
this time, and I do want to compliment the President on his efforts to
make education a high priority in this country. The pillars of the next
generation rests upon teachers giving knowledge to this new and young
and curious, inquisitive generation of Americans.
I want to compliment the gentleman from Ohio (Mr. Boehner), his staff
and the committee on the struggle that they went through to bring this
bill to the floor, and there are many good things in this legislation.
But this legislation is going to be the quintessential example of the
principle of unintended consequences, and I am referring to the
accountability part.
People keep talking about accountability and they use the word
``accountability.'' That means piling on of tests. And when the
educational system, especially in local areas, know that there are high
stakes involved and they know that they are going to get more money for
a particular school because they pass a particular test, then the focus
is on the test. When the focus is on the test, we do not observe
teachers teaching the broad range of knowledge, we observe teachers
teaching techniques to the test, and then the children are left out.
So I would urge my colleagues to vote for an amendment when it comes
up to deal with this issue.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2\1/2\ minutes
to the gentlewoman from Ohio (Ms. Kaptur).
Ms. KAPTUR. Mr. Chairman, the relationship between student mobility,
or transiency, and academic performance warrants significant national
attention. In certain neighborhoods, especially in our inner cities and
migrant family situations, rates of family mobility bear a direct
correlation to student underachievement. According to a 1994 GAO study
on student transiency, 41 percent of all third graders from low-income
families in America have attended at least two schools. Nearly one-
fifth of all third graders, nearly one-half million students, have
attended three or more schools since the first grade.
Lacking permanent shelter of their own, these children and their
parents, oftentimes single heads of household, move from place to place
throughout the school year. Forced to migrate between the homes of kind
relatives and friends, the children of these families are uprooted from
the neighborhood elementary school with every move, until the next move
to yet another temporary location, usually in another nearby
neighborhood. Our Nation's migrant farm workers know too well the
constant stress of moving from community to community and taking their
children out of school multiple times during the school year. Transient
and migrant families need stability for their children to succeed in
school.
Mr. Chairman, I will be placing in the Record key findings from the
GAO study that documented this phenomenon, Elementary School Children:
Many Change Schools Frequently, Harming Their Education, and also key
articles from the Catalyst for Cleveland Schools. Both support the
findings that residential instability is the key corollary to poor
student performance.
The revolving door for mobile students, many experts say, has been
ignored for too long by educators who accept the notion that there is
little they can do about it. But with rising consciousness of these
disruptive patterns, local school systems have begun to focus on how to
address mobility with specific programs targeted to help these
multiple-move families.
As we take H.R. 1 to conference with the Senate, it is my hope we can
work together to address this issue. During committee markup, the
gentleman from Ohio (Mr. Kucinich) offered an amendment to deal with
this problem. The gentlewoman from Cleveland, Ohio (Mrs. Jones) knows
the critical need for attention to this destabilizing pattern. I look
forward to working with the chairman, the gentleman from Ohio (Mr.
Boehner), and the ranking member, the gentleman from California (Mr.
George Miller), who have been so kind, to offer any assistance I might
provide.
The CHAIRMAN. The time of the gentlewoman from Ohio (Ms. Kaptur) has
expired.
Mr. BOEHNER. Mr. Chairman, I yield 30 seconds to the gentlewoman from
Ohio (Ms. Kaptur) to complete her dialogue.
Ms. KAPTUR. I thank the gentleman.
Mr. BOEHNER. Mr. Chairman, will the gentlewoman yield?
Ms. KAPTUR. I yield to the gentleman from Ohio.
Mr. BOEHNER. Mr. Chairman, I would like to thank the gentlewoman from
Ohio for her deep interest in this issue and her desire to meet the
needs of these specific families.
The gentleman from Ohio (Mr. Kucinich) and the gentlewoman from Ohio
(Mrs. Jones) have also expressed their concern regarding this issue and
have asked that I work with them to address the problems associated
with student transiency.
I think we can focus on the problem in a bipartisan manner and seek
solutions that will have broad support in the Congress. I will work
with the ranking member, the gentleman from California (Mr. George
Miller) and our counterparts in the Senate to address the issue of
transient students and the effects that multiple-family moves have on
those children's education.
Mr. GEORGE MILLER of California. Mr. Chairman, will the gentlewoman
yield?
Ms. KAPTUR. I yield to the gentleman from California.
Mr. GEORGE MILLER of California. Mr. Chairman, I want to thank the
chairman for his comments, and I look forward to working with him and
others in the conference committee to help these families advance their
children's academic performance, especially by encouraging a range of
solutions to stabilize their residential situation during the early
years of learning for their children.
Ms. KAPTUR. Mr. Chairman, I thank the chairman and the ranking
member, and I submit for the Record the material I referred to earlier.
Letter Report from General Accounting Office
February 4, 1994.
Hon. Marcy Kaptur,
House of Representatives.
Dear Ms. Kaptur: The United States has one of the highest
mobility rates of all developed countries; annually, about
one-fifth of all Americans move. Elementary school children
who move frequently face disruption to their lives, including
their schooling. And, sadly, these children are often not
helped to adjust to the disruption of a new school--new
children, teachers, and principal--and to make sense of the
variations in curriculum between the old school and the new.
The success of children who change schools frequently may
therefore be jeopardized. In addition, as the schools pay
greater attention to high academic standards, advocated by
national and state leaders, these children may face increased
difficulty in achieving success.
In response to these concerns, you asked us to obtain
information on children who change schools frequently: (1)
their number and characteristics, (2) their success in school
relative to children who have never changed schools, (3) the
help that federal educational programs, such as Migrant
Education and Chapter 1, provide, and (4) the help that
improved student record systems could provide.
[[Page H2413]]
____
Elementary School Children: Many Change Schools Frequently, Harming
Their Education
One-sixth of the nation's third graders--more than half a
million children--have attended at least three different
schools since starting first grade. Unless policymakers focus
more on the needs of the children who are changing schools
frequently--often poor, inner city, and with limited English
skills--these children may continue to do poorly in math and
reading and risk having to repeat grades. Local school
districts typically provide little additional assistance to
these children. The Education Department could help by
developing strategies to provide all eligible children,
including those who have switched schools frequently, access
to federally funded Migrant Education and Chapter 1 services.
Timely and comparable record systems are one way to help
mobile children receive services. For example, a child's
school records often take up to 6 weeks to arrive in a new
school, and student records often differ from states and
districts.
results in brief
One in six of the nation's children who are third-graders--
over a half million--have changed schools frequently,
attending at least three different schools since the
beginning of first grade. Unless policymakers focus greater
attention on the needs of children who have changed schools
frequently--often low-income, inner city, migrant, and
limited English proficient (LEP)--these children may continue
to be low achieving in math and reading, as well as to repeat
a grade. Local school districts generally provide little
additional help to assist mobile children.
The Department of Education can play a role in helping
mobile children to receive appropriate educational services
in a timely manner. Specifically, the Department can develop
strategies so that all eligible children, including those who
have changed schools frequently, will have access to
federally funded Migrant Education and Chapter 1 services.
Children who have changed schools frequently are not as
likely to receive services provided by the federal Migrant
Education and Chapter 1 programs as children who have never
changed schools.
Timely and comparable record systems could be one way to
help mobile children receive services. A child's records
often take 2 to 6 weeks to arrive in a new school, according
to data collected by the California State Department of
Education and others. Moreover, student records often are not
comparable across states and districts. The federal Migrant
Student Record Transfer System (MSRTS), established to
transfer information from a migrant child's former school
district to a new school district, also does not provide
timely and complete information. However, other systems, such
as one currently being piloted in a few states, may in the
future provide comparable and more timely transfer of student
records for all children, including migrants.
conclusions
Children who change schools frequently face many challenges
to their success in school. Such change can cause disruption
and add to the other challenges--low-income, limited English
proficiency, and migrant status--that make learning and
achievement difficult for them. Nevertheless, many of the
children who change schools frequently may be less likely to
receive Migrant Education and Chapter 1 programs services
than other children meeting program eligibility standards.
low-income, inner city, migrant, and lep children are more likely to
have changed schools frequently
Children who are from low-income families or attend inner
city schools are more likely than others to have changed
schools frequently. Overall, about 17 percent of all third-
graders--more than a half million--have changed schools
frequently, attending three or more schools since first
grade. Of third-graders from low-income families--that is,
with incomes below $10,000--30 percent have changed schools
frequently, compared with about 10 percent from families with
incomes of $25,000 and above. About 25 percent of third-
graders in inner city schools have changed schools
frequently, compared with about 15 percent of third-graders
in rural or suburban schools.
An inner city child, compared with one in a suburban or
rural school, may be more likely to change schools
frequently, in part, because he or she is more likely to come
from a low-income family. Another factor that could
contribute to an inner city child changing schools is that
such a child may move only a short distance, yet move into a
new school attendance area; however, a child in a larger,
less densely populated school attendance area--for example,
in a suburban or rural school district--may move several
miles and still attend the same school.
Migrant and LEP children also are much more likely than
others to have changed schools frequently: about 40 percent
of migrant children have changed schools frequently, compared
with about 17 percent of all children. Among LEP children,
about 34 percent have changed schools frequently.
children who have changed schools frequently are more likely to be low
achievers and to repeat a grade
Of the nation's third-graders who have changed schools
frequently, 41 percent are low achievers, that is, below
grade level, in reading, compared with 26 percent of third-
graders who have never changed schools. Results are similar
for math--33 percent of children who have changed schools
frequently are below grade level, compared with 17 percent of
those who have never changed schools. In grouping the
children who have changed schools frequently into four income
categories, we found that within each category, these
children are more likely to be below grade level in reading
and math than those who have never changed schools. Children
who have moved often were also more likely to have behavioral
problems, according to a recent study.
Overall, third-graders who have changed schools frequently
are two-and-a-half times as likely to repeat a grade as
third-graders who have never changed schools (20 versus 8
percent). For all income groups, children who have changed
schools frequently are more likely to repeat a grade than
children who have never changed schools.
Children who have changed schools frequently, compared with
children who have never changed schools, are more than twice
as likely to have nutrition and health or hygiene problems,
according to teachers.
When children changed schools four or more times, both a
Department of Education and a Denver Public Schools study
found, they were more likely to drop out of school. Children
who changed schools four or more time by eighth grade were at
least four times more likely to drop out than those who
remained in the same school; this is true even after taking
into account the socio-economic status of a child's family,
according to the Department study. Children who transferred
within the district five or more times dropped out of school
at similarly high rates, regardless of reading achievement
scores, the Denver study found.
Except for migrant children, little is currently done to
help children whose frequent school changes affect the
continuity of their schooling. It may be difficult for
teachers to focus on the needs of these children,
particularly those who enter after school has started, rather
than on maintaining continuity for the rest of the class.
When children enter classrooms after the beginning of the
year, teachers may prejudge them unfavorably. Teachers in
schools with high proportions of children who change schools
after the beginning of the year indicated that these school
changes disrupt classroom instruction, and teachers must
spend additional time on noninstructional tasks. Teachers may
therefore not have the time to identify gaps in such a
child's knowledge; moreover, these gaps may grow as the child
is left on his or her own to make sense of the new curriculum
and its relation to the one at the previous school. Children
who changed schools often, except for migrant children, did
not receive specialized educational services, researchers
have noted.
migrant children who have changed schools frequently are less likely
than those not changing schools to receive migrant education program
services
Of migrant third-graders who have attended three or more
schools since first grade, 21 percent receive migrant
services, compared with 54 percent of migrants who have not
changed schools at all. These results are surprising since
the Migrant Education Act is intended to address, to a large
degree, the problems mobility creates for migrant children.
Migrant children who have changed schools frequently are less
likely to attend schools with migrant education programs than
those who have never changed schools.
CHAPTER 1 PARTICIPATION RATES LOWER FOR LOW-ACHIEVING CHILDREN WHO HAVE
CHANGED SCHOOLS FREQUENTLY THAN FOR LOW-ACHIEVING CHILDREN WHO HAVE
NEVER CHANGED SCHOOLS
Low-achieving children who have changed schools frequently
are less likely to receive Chapter 1 services than low-
achieving children who have never changed schools. Of third-
graders who have never changed schools and read below grade
level, 25 percent receive Chapter 1 reading services. In
contrast, 20 percent of third-graders who have changed
schools frequently and read below grade level receive these
services. In grades kindergarten through 6, approximately
90,000 additional low-achieving children who have changed
schools frequently could receive Chapter 1 reading services
if the program provided these services at the same rates to
these children as to low-achieving children who have never
changed schools.
LACK OF CHAPTER 1 DATA TO EXPLAIN THE LOWER CHAPTER 1 PARTICIPATION
RATES OF CHILDREN WHO HAVE CHANGED SCHOOLS FREQUENTLY
The Department of Education has little information on
children who change schools frequently and their
participation in the Chapter 1 program, as well as the
effects that children moving frequently from school to school
have had on Chapter 1 services. Therefore, we were unable to
explain why low-achieving children who have changed schools
frequently may be less likely to be served by Chapter 1 than
low-achieving children who have never changed schools. A 1992
Department of Education policy instructs districts to reserve
adequate funds so that migrant children who are eligible for
Chapter 1 services--even if they arrive late in the school
year--will receive them. But nonmigrant children who change
schools frequently and are also eligible for Chapter 1
services are omitted in this policy.
[[Page H2414]]
We found that about 17 percent of third-graders have
changed schools frequently, that is, have attended three or
more schools since the beginning of first grade. About one-
quarter, or 24 percent, of third-graders have attended two
schools; the remaining 59 percent of third-graders have
remained in the same school since first grade.
INNER CITY AND LOW-INCOME CHILDREN MUCH MORE LIKELY TO CHANGE SCHOOLS
FREQUENTLY
Inner city children are much more likely to change schools
frequently, on average, than those in rural or suburban areas
or in small cities or towns. One-fourth of third-graders in
inner city schools have changed schools frequently, that is,
have attended three or more schools since first grade. In
comparison, only about one-seventh of children from rural or
suburban areas or from small cities or towns have changed
schools frequently.
Children from low-income families are more likely to change
schools frequently than those from higher income families.
Among children in families with annual incomes below $10,000,
30 percent have changed schools frequently, compared with 8
percent of children in families with incomes of $50,000 or
more. Overall, the percentage of children who change schools
frequently decreases as income increases.
NATIVE AMERICAN, BLACK, HISPANIC, MIGRANT, AND LEP CHILDREN MORE LIKELY
TO CHANGE SCHOOLS FREQUENTLY
Native American, black, and Hispanic children are more
likely to change schools frequently than Asian or white
children. However, these differences are less related to race
or ethnicity than to differences in income and, consequently,
homeownership versus renter status: renters tend to move much
more frequently than homeowners. When we examined 1990
Current Population Survey data reported by the Bureau of the
Census, race or ethnic differences in mobility largely
disappeared after considering homeownership versus renter
status.
Migrant and limited English proficient (LEP) children are
much more likely to change schools frequently than all
children. About 40 percent of migrant children and 34 percent
of LEP children change schools frequently, in comparison with
17 percent of all children. In addition, compared with 59
percent of all children, a smaller percentage of migrant and
LEP children have never changed schools--28 and 38 percent,
respectively.
Teachers reported that children who change schools
frequently, compared with those who have never changed
schools, are much more likely to have problems related to
nutrition or health and hygiene. Among children who change
schools frequently, 10 percent are reported to have nutrition
problems, compared with about 3 percent of children who have
never changed schools. Similarly, teachers report that 20
percent of children who change schools frequently have health
and hygiene problems, compared with 8 percent of children who
have never changed schools.
For all children, those who have changed schools frequently
are more than twice as likely to repeat a grade as those who
have never changed schools. Among children who change schools
frequently, about 20 percent repeat a grade; in contrast,
among children who have never changed schools, about 8
percent repeat a grade.
Children who change schools frequently are less likely to
receive educational support from federal programs than those
who have never changed schools. For example, migrant children
who change schools frequently are less likely to receive
migrant education services than those who have never changed
schools. In addition, low-achieving children who change
schools frequently are less likely to get Chapter 1 services
than those low-achieving children who have never changed
schools; this is true for children achieving below grade
level in math as well as reading.
____
[From the CATALYST, Cleveland, Mar./Apr. 2001]
Mobile Students Score Lower on State Test
(By Sandra Clark)
Cleveland 4th-graders who changed schools one or more times
during the school year scored lower than their stable
classmates on all five sections of the Ohio Proficiency Test,
according to a CATALYST analysis of test scores from 1997 to
1999.
On average, mobile students scored 5.12 points below their
more stable counterparts. The largest spread between the two
was in math and science. The smallest gap was in reading.
The analysis of test scores of 16,278 students, 1,914 of
whom changed schools at least once during the school year,
was conducted for CATALYST by Joshua G. Bagaka's, assistant
professor of educational research and statistics at Cleveland
State University.
``Across all five parts of the Ohio 4th- and 6th-grade
proficiency test, mobile students consistently received lower
scores than their stable counterparts,'' Bagaka's says.
``I don't think we need to down play the role of mobility
here,'' Bagaka's says. ``Schools should find ways of giving
mobile kids special attention because they are at risk of
failing.''
Bagaka's analysis also showed that the test scores of
mobile students suffered regardless of the students' family
income or whether they live with one or both parents.
The analysis also shows: The achievement gap between stable
and mobile students by income is often widest for mobile
students who pay full price for lunch and smallest for
students on free lunch. In many areas, poor mobile students
do better than well-off mobile students. (See chart page 5.)
Similar conclusions can be drawn when comparing students
from single-parent and two-parent homes. Mobile students from
single-parent homes often do just as well as mobile students
from two-parent homes. (See chart page 5.)
Mobility refers to students who change schools one or more
times during an academic year. Students change schools
frequently due to school choice, family moves, poverty,
hopelessness, changes in child custody and other problems.
Cleveland's mobility rate has fallen from 19.5 percent in
1998 and 1999 to 15.8 percent in 1999 due in part to the end
of desegregation, says Peter A. Robertson, Cleveland
Municipal School District's executive director of Research,
Evaluation and Assessment.
Individually, however, high-poverty elementary schools such
as Willow, East Clark, Bolton and George Washington Carver
reported rates nearing 30 percent during the period.
Based on student demographics and test scores from 1997
through 1999, the analysis indicated an achievement gap that
varied little even as the test changed in difficulty during
the period.
The highest achievement gaps in math and science were 7.5
points and 9.2 points, respectively. The average gap in
reading was 3.5 points. Reading is something children can
learn at home, says Russell W. Rumberger, education professor
at University of California, Santa Barbara. Families rely on
schools to teach math and science, which is why the
achievement gap in those subjects is largest, Rumberger says.
CATALYST'S findings come as no surprise to Robertson. The
district has not targeted mobile students for any special
help, Robertson says. However, he adds that districtwide
initiatives such as establishing standards and periodically
assessing students' strengths and weaknesses should help
them. (See story page 9.)
``Beyond that,'' Robertson says, ``we are trying to make
sure they have access to good teaching and what we need to do
for all kids.''
Cleveland findings reflect studies done elsewhere that
linked student mobility to lower achievement.
For example, the Minneapolis Public Schools, the Family
Housing Fund and other groups studied mobile students in the
city. The year-long study, called the Kids Mobility Project,
found that students who moved three or more times earned
reading scores that were half that of students who stayed
put.
David Kerbow, a University of Chicago researcher who has
studied mobility in Chicago Public Schools, says constant
movement slows the learning pace for not only mobile students
but also their stable classmates. An analysis of math in
highly mobile classrooms shows teachers frequently stop and
start to integrate new students with varying achievement
levels into the class, Kerbow says. Introduction of new
material slows as the teacher begins keeping lessons basic.
And, over time, students in highly mobile schools get
instruction that is about a year behind that of students in
more stable schools, Kerbow reports.
____
Miles Park Finds Answers
(By Sandra Clark)
A tour of Miles Park Elementary School offers a snapshot of
mobility--its causes, its impact and even a way to minimize
its harm.
Any staff member can guide the tour. They all have stories.
Clerk Ella Kirtley can explain what a task it is to keep
pace with the rapid student turnover. Librarian Jeanne Irvin
says she spends countless hours and dollars retrieving books
from students who leave. Second-grade teacher Jane E. Rodgers
can demonstrate how she tries to teach an ever-changing
class.
The Cleveland Municipal School District, like most in the
country, has no official policy for mitigating the impact of
mobility. The district has been pushing schools to improve
proficiency test scores without taking mobility and its drag
on achievement into account, Miles Park Principal William J.
Bauer says. So the school struck out on its own, making the
needs of mobile students a schoolwide focus.
``The area superintendent says `You did good [with
proficiencies] last year. How much are you going to improve
this year?' '' Bauer says. ``There's a new student, there's a
new student, there's a new student with grades lower than an
LD [Learning Disabled] student. You're a teacher and you're
responsible for increasing scores every year.''
The staff is fluent in mobility because enrollment shifts
dramatically here. The school's 1999 mobility rate, the most
recent available, of 14.7 percent is below the district
average for elementary schools, about 16 percent.
Yet, staff sees a constant churning of students in and out
of the school. To date, the school's enrollment shifted from
530 students, to 510 and then 571 for a total change of 81.
That means about four whole classrooms full of kids have come
and gone this school year. The impact the movement has on
learning at the school is huge, Bauer says.
Mobility's influence on behavior and achievement becomes
clear one day when
[[Page H2415]]
Kenneth returns from speech lessons to Rodgers' 2nd-grade
class. The tenor of the class shifts. A slight rumble of
discord replaces the chatter of children constructing a
picture graph.
Kenneth, not his real name, is the most recent of eight new
students in Rodgers' class this school year. Kenneth rarely
follows school rules and is functioning below grade level,
Rodgers says. His classmates know this and give him grief.
Little shoves are sent his way, to which he responds by
glaring at the tallest kid in class.
He stands out, Rodgers says. Kenneth is the only student
not wearing the school's blue and white uniform.
``My students are starting to write paragraphs, and he
can't write a sentence,'' Rodgers says. ``I don't have time
to work with him.
``I move quicker,'' Rodgers says. ``I'm a 25-year teacher.
He had a first-year teacher.''
Students like Kenneth are in danger of failing. A 1994
General Accounting Office report on mobility said 3rd-graders
who have changed schools frequently are 2\1/2\ times as
likely to repeat a grade as 3rd-graders who have never
changed schools.
A CATALYST analysis of mobility in Cleveland schools also
showed a link between mobility and retention.
The analysis also showed average proficiency test scores of
mobile students are about 5 points below scores of stable
students.
Janice Smallwood's 4th-grade class at Miles Park has 24
students. Seven are new. When Smallwood tested reading and
math levels, students scored between 4.66 and 1.68. Six of
the mobile students are at the bottom of the list, scoring
below those labeled Learning Disabled. Tianna scored 3.84,
the highest of all new students, to rank 11th in the
class.
bad behavior
Behavior is high on the list of areas affected by mobility.
The GAO report said that children who move frequently are 77
percent more likely to have four or more behavioral problems
than those with no or infrequent moves.
This constant movement, loss of friends and the effort it
takes to make new ones can be ``a social nightmare,'' says
Ted Feinberg, assistant executive director of the National
Association of School Psychologists.
Some mobile students are content to quietly scope out the
class before inserting themselves into the mix. Some use
humor to cope, Feinberg explains. The antics of a 4th-grader
who had attended about five schools constantly pulled the
class off task, says Miles Park teacher Teresa Goetz. She
telephoned the boy's previous school to get his history and
found that he had jumped on one child's out-stretched leg,
breaking it. In November, the boy transferred to another
school.
A move from family to foster care sent a Cleveland student
to Hawthorne Elementary School in Lorain. This boy was so
desperate to make friends, he stole money from a teacher's
purse and passed it out to fellow students, Hawthorne
Principal Loretta Jones says.
``What we see are kids who are depressed because they don't
have a social network,'' Feinberg says. ``Kids feel awkward
and uncomfortable. They try to prove themselves through
strength and coolness.''
no records
In addition to behavioral and academic problems, mobile
students frustrate administrators because the children seldom
arrive with records, grades and immunization forms.
Clerk Ella Kirtley spends half her day enrolling new
students, withdrawing them and searching for records from
their old schools.
Kirtley is retired but Bauer has convinced her to stay on
because he doesn't think he can find another clerk who can
keep up.
What's scary to Kirtley is how difficult it is to get vital
information on students and now quickly that information
changes.
Addresses change, telephone numbers change and pagers are
cut off so frequently that ``You can't be up to date with
emergency cards,'' Principal Bauer says. Sick children have
been sent back to class because the school could not find an
emergency contact Kirtley says.
testing mobile students
Neither Cleveland schools nor the Ohio Department of
Education have official strategies to mitigate the impact of
mobility. Academic standards are surfacing as a way to be
sure all kids are exposed to the same information and tests
even though they change schools. (See story page 9.) The
state department also plans to create a system of exchanging
student records using Education Management Information
Systems. The system should be completed in two years, says
department spokeswoman Dorothea Howe.
But for the most part, teachers and principals individually
hammer out solutions. Some start by finding out the student's
performance level so they can be placed in the appropriate
class. This is an informal process at most schools.
For example, at Willow Elementary School, Tannesha
Saunders' 4th-grade teacher casually quizzed her when she
joined the class in October.
``I think she wanted to see what I knew,'' says Tannesha,
who attended four schools in three years. ``She'd teach some
stuff then she'd ask some people some questions. Then she'd
ask me a question and I answered it.''
Tannesha says the teacher also gave her a buddy,
``Brittany, to help me with my work and show me around like
where the lunchroom was.''
Testing for placement of new students is serious business
at Miles Park. New students are given the Star Test for
reading and Computer Curriculum Corp. math, says Miles Park's
Assistant Principal Kelley A. Dudley. Both tests assign a
grade equivalent based on the student's score and prescribe
what students should study to close any achievement gaps,
Dudley says.
Star Test scores correspond with grade-appropriate books in
Accelerated Reader. Computer Curriculum aligns math with
grade levels and allows students to work on problems during
math lab and after school. Students work independently or get
tutoring from retired professionals who volunteer.
Paris, a new student in Smallwood's 4th-grade class, moved
up a grade level to 3.6, Dudley says. ``He's still behind,
but look where he came from,'' she says.
____
Managing Mobility
(By Sandra Clark)
the causes: poverty and family break-ups
Miles Park Principal William J. Bauer and other heads of
Cleveland elementary schools that experience mobility can
only guess why students frequently transfer in and out of
their schools.
In most cases, the district does not keep records on why
students are withdrawn from school.
School leaders point to income and family instability as
primary culprits. Loss of income often means families must
move from their houses or apartments. Changes in child
custody or guardianship also can cause movement. Some
children transfer schools after being placed in foster care.
Then there's homelessness. For example, Kentucky and Case
elementary schools serve students in nearby homeless and
battered women's shelters.
Families living at the Zelma George Homeless Shelter attend
Miles Park, A.B. Hart Middle and South High School. Families
can stay only 14 days unless they receive an extension from
the shelter, shelter officials say. (See story page 12.)
Welfare reform also plays an increasingly important role in
homelessness and school instability. Mobility for families
recently cut from welfare is four times higher than that of
other families, reports Claudia Coulton, social welfare
professor at Case's Mandel School of Applied Social Sciences.
About 42 percent of Cuyahoga County families leaving welfare
moved within six-months of leaving cash assistance, compared
to the national average of 8 percent of families not on
welfare moving during the period, Coulton says.
That's not entirely bad news. Many parents now have jobs
and can afford to move to better neighborhoods, says Rasool
Jackson, Cleveland school's director of Student
Administrative Services.
Bauer disagrees, saying welfare reform portends more
instability. Bauer says he believes more Miles Park students
are losing their homes and moving in with family members
since welfare reform took hold.
Another major cause of movement is discomfort with the
school. For example, results of a survey of students in
Chicago Public Schools showed one reason students transferred
was school-related, not that the family changed homes, says
David Kerbow, education researcher at the University of
Chicago. When conflict with school staff or students
occurred, parents chose to leave rather than solve the
problem, Kerbow explains.
Margaret V. Alberty was so uncomfortable with teachers
handling of her special-needs 4th-grader that she changed
schools six times before settling on Willow Elementary
School.
Alberty is guardian of 10-year-old Damien Lightfoot, who
has Attention Deficit Hyperactivity Disorder.
Alberty says many teachers are unprepared to teach a child
with his condition and do not know how to handle Damien when
he's upset. He's been grabbed and jerked about by teachers,
Alberty says. ``They aggravate you so much you have to take
them out of the school.''
It's not unusual for parents like Alberty to change schools
because they disagree with a school's academic practices or
front-office manners. ``A rude clerk can really damage your
school,'' says Doug Clay, a former district researcher now
with the Urban School Collaborative at Cleveland State
University.
Finally, Peter A. Robertson, Cleveland Municipal School's
executive director of Research, Evaluation and Assessment,
says a number of Cleveland students transfer to escape poor
grades or a special education diagnosis.
Districts and communities across the country are using a
variety of strategies to lessen the negative effects of
mobility or to limit mobility itself. Some schools have
created programs to welcome students and place them in the
most suitable classroom. Others go outside the school walls
to address housing issues. Here is a list of tactics
principals, districts and states have used to manage
mobility.
Placing new students
When Jo Ann Isken, principal of Moffett Elementary School
in Los Angeles County, learned about a kindergartner who was
having trouble learning to read, she did a little checking.
She found he had attended three different schools, with
lengthy absences in
[[Page H2416]]
between. His lessons had been in English, some in Spanish.
Because of frequent movement among students, Isken set up
welcoming procedures for new students. When the new student
and parent or guardian arrive, they are asked about the
child's school and medical history. ``Immediately, we had an
academic, health and family history and we knew what the
support needs would be.''
Students are tested and assigned to classes based on
achievement levels. Then, measures such as one-to-one
tutoring are prescribed, Isken says.
When students leave, they are given transfer forms with
immunization data, enrollment dates and names and telephone
numbers or contact people at the school. ``Our children
(leave) with more information than we got when they came,''
Isken says.
Record exchange
A program designed to serve the children of migrant workers
has provided a way to help ensure that student records follow
them. New Generation System is a student-record exchange
program established in 1995. It is operated by a consortium
of 11 states, including Ohio and Texas. Health, academic and
demographic information is available to consortium members
via the Internet, says Patricia Meyertholen, programs
director for the Texas Migrant Information Program.
To protect student privacy, the site is encrypted and
requires a password: Only consortium members have access,
Meyertholen says.
New Generation System maintains data on about 200,000 of an
estimated 784,000 migrant children nationwide, Meyerholen
says.
Low-cost housing
Minneapolis Public Schools attacked mobility at one of its
root causes--a lack of low-cost housing.
``It's the 1 percent vacancy rate that wreaks such havoc on
family stability,'' says Elizabeth E. Hinz, policy and
planning director. ``Housing isn't here, period. Or the
housing that's available people can't afford.''
The district joined with groups such as the Family Housing
Fund and launched the Kids Mobility Project. The research
project explored the effect of constant residential moves
on student achievement. It produced a report in 1998 that
linked inadequate housing to student mobility, poor
attendance and lower reading scores, says Shawna
Tobechukwu, spokeswoman for the Family Housing Fund.
Tobechukwu says results were used to lobby the state
legislature to increase the budget for low-cost housing.
Lawmakers responded to the data and raised the budget by
about $96 million in the last two years, says Angie Bernhard,
research and policy director at Family Housing Fund. ``The
report was a big part of the information we used to make our
case,'' Bernhard says. ``It was very persuasive to
legislators on both sides of the aisle.''
Extra resources
In 1994, Montgomery County Public Schools in Maryland began
allocating extra staff to schools based on mobility rates,
poverty rates and the number of students speaking limited
English, says Susan F. Marks, the district's executive
assistant for School Performance. Lean budgets meant the
district, headquartered in Rockville, Md., simply sent an
extra teacher or two to high-mobility schools.
Last year, the county revamped the program. For one, it
took mobility and language out of the equation and focused on
reducing class size at high-mobility schools, says Frank H.
Stetson, Community Superintendent for the school system.
In an area where international professionals come and go
regularly, mobility and language are not the best indicators
of need, Stetson says. Poverty is. And poorer schools tend to
have the ``churn'' that chills attendance and achievement,
Stetson adds.
``If we used mobility we'd be sending resources to schools
that didn't need them,'' Stetson says.
To add resources, the system ranked schools by poverty.
Then it gave funds for such items as all-day kindergarten,
extra staff to achieve a 15-1 teacher-student ratio and
programs like Reading Recovery in the primary grades, Mark
says. It also plans to add 41 positions to reduce class size
at high-poverty high schools, Marks says.
Transportation
A coalition of community organizations has taken steps to
reduce school mobility among children in Baltimore County,
Md., by providing bus service so that students who move can
remain in the same school.
The area has neighborhoods containing hundreds of
apartments in low-rise buildings where families constantly
move in and out. A move from one apartment to another 10
minutes away could send children to a different school,
says Julie J. Gaynor, a Baltimore county teacher and
chairwoman of the Stay Put committee.
The Stay Put program was founded in 1992 to cut school
mobility. It is a non-profit project of the education
committee of the Essex-Middle River-White Marsh Chamber of
Commerce.
The group runs several programs such as shuttle buses
supplied by the district to transport children who move back
to their old school.
Families often move because landlords offer free rent for
one month. Stay Put encourages landlords to put the freebie
at the end of the lease, increasing the likelihood that kids
will finish a school year in one place. At the group's
urging, landlords also have donated an apartment which serves
as a community center where students who live in the complex
can receive after-school tutoring and adults can prepare for
the General Education Development Certificate (GED).
Gaynor says a new focus is on opening a conflict mediation
center so families can resolve differences rather than move
away.
Funding for the community center's staff comes from various
sources, including school district grants, Gaynor says.
Accountability
The California accountability system addresses a common
complaint of schools that suffer high mobility: They say they
shouldn't be held accountable for the performance of students
who entered their schools months, weeks or even days before
the high-stakes tests are given.
The California Department of Education figures mobility
into its accountability system. Districts are required to
report mobility. The state uses the rate to decide which
scores will or will not be used in the system.
``If you're not in the district a year, your scores don't
count for rewards and interventions for schools,'' says
Patrick J. McCabe, in the department's Office of Policy and
Evaluation.
California schools report two types of mobility, students
who have not been in a district a full year and students who
have not been in a school a full year. Schools do not report
``churn,'' the frequent in-and-out movement of students,
McCabe says. And scores of students who change schools within
the same district are not exempt from the accountability
system, McCabe says.
Districts failing to meet targets are given three years and
extra money to improve. If no improvement occurs, penalties
such as removing the principal, staff or closing the school
kick in.
Successful districts receive $70 for every child, McCabe
says.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself the
balance of my time, and I want to thank all the members of our
committee on both sides of the aisle that have participated in this
debate and to the other Members that have joined us during this general
debate. They were very generous in their congratulating both the
chairman and myself, and I want to extend that to the chairman again
for the manner in which this bill has been handled.
We have an opportunity here today to change the direction of the
Federal role in education, to provide additional resources to local
educational agencies with greater flexibility than they have had at any
time in the life of this program. They can apply these resources to
those needs they think need them the most, that need the attention,
that can benefit from the application of those resources to try to get
the results that all of us want with the passage of this legislation,
but more importantly, to get the results the parents want for children
and the children want for themselves.
Our children in America have that potential, they have that ability,
and they have that talent. But far too often, far too often, they lose
the opportunity to capitalize on their talents, to capitalize on their
ability, because they are ignored in the school district or the school
district is without resources, or children are mischaracterized. A lot
of things happen during the educational year. This legislation is to
try to make sure we put the emphasis on the child; that we have a
means, as the President said, to assess a child on an annual basis so
that we can determine what are the additional resources that that child
needs; what kind of help should be focused on that child.
In these annual assessments, it is more than just a test, it is about
seeing whether or not the child needs a Saturday class, do they need a
tutor, do they need a mentor, both of which are allowed under this
legislation. Do they need to go to summer school? Do they need some
additional testing? Do they need eyeglasses? Those are the kinds of
things we want to be able to focus on the child so that every child has
that real opportunity. We have the opportunity if, in fact, we provide
those resources. We focus on the child and we can start to close that
gap between rich and poor children, between majority and minority
children in the school.
The other tools that are available is the resources we put into
teacher quality, to professional development, to training, to lower
class sizes in those areas that have not done it and still need to do
that. Those are decisions that the local school district can make. It
is very important. We know now
[[Page H2417]]
that a well-qualified teacher is one of the most important ingredients
in that child's education in the school setting.
Obviously, we believe the most important ingredient is the family. If
there is one thing this bill cannot do, that would greatly help us all,
is if we could just get every parent to spend time with their child, or
grandchild, reading to those children and telling them that it is
important. This education would complement that, and we would be well
on the way to the goal the President has had, that so many Members of
this Congress have had, and that is to make sure that each and every
child has that opportunity.
Mr. Chairman, I look forward to the amendment process.
Mr. BOEHNER. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, let me first thank all of the Members for all their
kind comments and their support of the bill that we have before us. I
think that, as the gentleman from California (Mr. George Miller) just
pointed out, we have a very sound piece of legislation that will
improve the educational prospects for millions of American children.
All we need to do is to have the courage to stand up and to vote for
it.
There are Members with different views and different visions of what
the Federal Government's role in education should be. I have
conservative friends who are a little hesitant about this. We have some
liberal friends who are just as hesitant. And as the gentleman from
California pointed out, this is the most major change in the Federal
Government's role in education in the 35 years that the Federal
Government has been involved. This is a big step. This will take
courage on the part of Members and take courage on the part of this
institution to forge our way down a new path. But I think today is the
day to do it, and I think this is the bill that will put us on the
right path.
This bill did not get here by itself, though. All the Members worked
hard but there are a select group of people who deserve to get our
thanks: Sally Lovejoy, who heads up the education group on our staff;
members of her staff, Kent Talbert, Christy Wolfe, Rich Stombres, Ben
Peltier, Cindy Herrle, Pam Davidson, George Conant, JoMarie St. Martin,
Bob Sweet, Doug Mesecar, Dave Schnittger and his team, and Paula
Nowakowski, staff director.
Let me also thank the Democrat staff who worked very closely with us:
Charlie Barone, Alex Nock, Denise Forte, John Lawrence, Brendan O'Neil
with the office of the gentlewoman from Hawaii (Mrs. Mink); Maggie
McDow with the office of the gentleman from Indiana (Mr. Roemer); Kara
Haas, a staffer in the office of the gentleman from Delaware (Mr.
Castle); Karen Weiss with the office of the gentleman from California
(Mr. McKeon); and Glee Smith of the office of the gentleman from
Georgia (Mr. Isakson).
They spent as many hours or more than the Members in terms of helping
to craft this bill, to put it together, and to put us on the track
where we are today, and I want to thank them for their work.
Mr. DAVIS of Illinois. Mr. Chairman, I rise to express my concern
about the legislative language of H.R. 1--The No Child Left Behind Act
of 2001, that contains a ``grandfather'' clause permitting school
districts that currently segregate homeless children to continue to do
so. The McKinney Act has prohibited this form of segregation. Since
1990, the McKinney Act has required States and school districts to
integrate homeless students into the mainstream school environment, and
to remove barriers to their enrollment, attendance, and success in
school.
As a practical matter, segregation of homeless children who are
disproportionately Black and Latino means racial re-segregation. In
Chicago, for example, 92% of homeless families that use shelter
facilities are African American. To the poor students throughout this
nation, this is a crucial issue. Separate is not now, and has never
been ``equal.'' National educational policy must not now in the 21st
Century embrace this insidious notion: that children should be sent to
schools based on their housing or economic status. There is no sound
teaching rationale for educating homeless children separately. Homeless
children are like all other children and represent an array of
educational strengths and needs. Some emerge as valedictorians or
above-average achievers, others as special education students, and some
simply average achievers.
Putting children in schools with a label of ``homelessness'' is
stigmatizing and demeaning. In many years of work in my district, I
have never met a single family that asked for a segregated school. In
fact, the parents along with the Chicago Coalition for the Homeless in
Chicago fought and closed a segregated facility.
I have a letter from a homeless child name Junior Brewer who is ten
years of age, he wrote ``I think no matter what, if you are homeless or
rich this does not mean that you have to be separated from your friends
because we are all created equal inside.'' What do I tell Junior about
the hypocrisy and lies that is being portrayed in H.R. 1. After all
Junior, if you are poor and Black or Latino or some other ethnic group
being created equal in the inside among men, women, and children is
just a dream. Our Republicans say we will leave no child behind but
their actions say otherwise. We must show through deeds not words that
no child is left behind.
Mr. PAUL. Mr. Chairman, thirty-six years ago Congress blatantly
disregarded all constitutional limitations on its power over K-12
education by passing the Elementary and Secondary Education Act (ESEA).
This act of massive federal involvement in education was sold to the
American people with promises that federal bureaucrats had it within
their power to usher in a golden age of education. Yet, instead of the
promised nirvana, federal control over education contributed to a
decline in education quality. Congress has periodically responded to
the American people's concerns over education by embracing education
``reforms,'' which it promises are the silver bullet to fixing American
schools. ``Trust us,'' proponents of new federal edcation programs say,
we have learned from the mistakes of the past and all we need are a few
billion more dollars and some new federal programs and we will produce
the educational utopia in which ``all children are above average.'' Of
course, those reforms only result in increasing the education
bureaucracy, reducing parental control, increasing federal
expenditures, continuing decline in education and an inevitable round
of new ``reforms.''
Congress is now considering whether to continue this cycle by passing
the national five-year plan contained in H.R. 1, the so-called ``No
Child Left Behind Act.'' A better title for this bill is ``No
Bureaucrat Left Behind'' because, even though it's proponents claim
H.R. 1 restores power over education to states and local communities,
this bill represents a massive increase in federal control over
education. H.R. 1 contains the word ``ensure'' 150 times, ``require''
477 times, ``shall'' 1,537 and ``shall not'' 123 times. These words are
usually used to signify federal orders to states and localities. Only
in a town where a decrease in the rate of spending increases is
considered a cut could a bill laden with federal mandates be considered
an increase in local control!
H.R. 1 increases federal control over education through increases in
education spending. Because ``he who pays the piper calls the tune,''
it is inevitable that increased federal expenditures on education will
increase federal control. However, Mr. Chairman, as much as I object to
the new federal expenditures in H.R. 1, my biggest concern is with the
new mandate that states test children and compare the test with a
national normed test such as the National Assessment of Education
Progress (NAEP). While proponents of this approach claim that the bill
respects state autonomy as states' can draw up their own tests, these
claims fail under close observation. First of all, the very act of
imposing a testing mandate on states is a violation of states' and
local communities' authority, protected by the 10th Amendment to the
United States Constitution, to control education free from federal
interference.
Some will claim that this does not violate states' control because
states are free to not accept federal funds. However, every member here
knows that it is the rare state administrator who will decline federal
funds to avoid compliance with federal mandates. It is time Congress
stopped trying to circumvent the constitutional limitations on its
authority by using the people's own money to bribe them into complying
with unconstitutional federal dictates.
Mr. Chairman, H.R. 1 will lead to de facto, if not de jure, national
testing. States will inevitably fashion their test to match the
``nationally-normed'' test so as to relieve their students and teachers
of having to prepare for two different tests. Furthermore, states will
feel pressure from employers, colleges, and perhaps even future
Congresses to conform their standards with other national tests ``for
the children's sake.'' After all, what state superintendent wants his
state's top students denied admission to the top colleges, or the best
jobs, or even student loans, because their state's test is considered
inferior to the ``assessments'' used by the other 49 states?
National testing will inevitably lead to a national curriculum as
teachers will teach what their students need to know in order to pass
their mandated ``assessment.'' After all, federal
[[Page H2418]]
funding depends on how students perform on these tests! Proponents of
this approach dismiss these concerns by saying ``there is only one way
to read and do math.'' Well then what are the battles about phonics
versus whole language or new math versus old math about? There are
continuing disputes about teaching all subjects as well as how to
measure mastery of a subject matter. Once federal mandatory testing is
in place however, those arguments will be settled by the beliefs of
whatever regime currently holds sway in DC. Mr. Chairman, I would like
my colleagues to consider how comfortable they would feel supporting
this bill if they knew that in five years proponents of fuzzy math and
whole language could be writing the NAEP?
Proponents of H.R. 1 justify the mandatory testing by claiming it
holds schools ``accountable.'' Of course, everyone is in favor of
holding schools accountable but accountable to whom? Under this bill,
schools remain accountable to federal bureaucrats and those who develop
the state tests upon which participating schools performance is judged.
Even under the much touted Straight ``A''s proposal, schools which fail
to live up to their bureaucratically-determined ``performance goals''
will lose the flexibility granted to them under this act. Federal and
state bureaucrats will determine if the schools are to be allowed to
participate in the Straight ``A''s programs and bureaucrats will judge
whether the states are living up to the standards set in the state's
education plan--yet this is the only part of the bill which even
attempts to debureaucratize and decentralize education!
Under the United States Constitution, the federal government has no
authority to hold states ``accountable'' for their education
performance. In the free society envisioned by the founders, schools
are held accountable to parents, not federal bureaucrats. However, the
current system of imposing oppressive taxes on America's families and
using those taxes to fund federal education programs denies parental
control of education by denying them control over their education
dollars.
As a constitutional means to provide parents with the means to hold
schools accountable, I have introduced the Family Education Freedom Act
(H.R. 368). The Family Education Freedom Act restores parental control
over the classroom by providing American parents a tax credit of up to
$3,000 for the expenses incurred in sending their child to private,
public, parochial, other religious school, or for home schooling their
children.
The Family Education Freedom Act returns the fundamental principle of
a truly free economy to America's education system: what the great
economist Ludwig von Mises called ``consumer sovereignty.'' Consumer
sovereignty simply means consumers decide who succeeds or fails in the
market. Businesses that best satisfy consumer demand will be the most
successful. Consumer sovereignty is the means by which the free society
maximizes human happiness.
When parents control the education dollar, schools must be responsive
to parental demands that their children receive first-class educations,
otherwise, parents will find alternative means to educate their
children. Furthermore, parents whose children are in public schools may
use their credit to improve their schools by purchasing of educational
tools such as computers or extracurricular activities such as music
programs. Parents of public school students may also wish to use the
credit to pay for special services for their children.
According to a recent Manhattan Institute study of the effects of
state policies promoting parental control over education, a minimal
increase in parental control boosts the average SAT verbal score by 21
points and the student's SAT math score by 22 points! The Manhattan
Institute study also found that increasing parental control of
education is the best way to improve student performance on the NAEP
tests.
I have also introduced the Education Quality Tax Cut Act (H.R. 369),
which provides a $3,000 tax deduction for contributions to K-12
education scholarships as well as for cash or in-kind donations to
private or public schools. The Education Quality Tax Cut Act will allow
concerned citizens to become actively involved in improving their local
public schools as well as help underprivileged children receive the
type of education necessary to help them reach their full potential. I
ask my colleagues: ``Who is better suited to lead the education reform
effort: parents and other community leaders or DC-based bureaucrats and
politicians?''
If, after the experience of the past thirty years, you believe that
federal bureaucrats are better able to meet children's unique
educational needs than parents and communities then vote for H.R. 1.
However, if you believe that the failures of the past shows expanding
federal control over the classroom is a recipe for leaving every child
behind then do not settle for some limited state flexibility in the
context of a massive expansion of federal power: Reject H.R. 1 and
instead help put education resources back into the hands of parents by
supporting my Family Education Freedom Act and Education Improvement
Tax Cut Act.
Mr. CLEMENT. Mr. Chairman, I rise today in support of this bill as it
was reported out of committee. I believe that the underlying bill is a
good piece of legislation that will go a long ways in making our
schools better places of learning and our students more successful. I
commend the chairman, Mr. Boehner, the ranking member, Mr. George
Miller of California, and my fellow New Democrat, Mr. Roemer, for the
bipartisan way in which this bill has been crafted.
I am pleased to see H.R. 1 include language supporting both music and
arts education as well as character education. I am a strong supporter
of both. We must ensure that our children receive a well rounded
education which includes music and the arts. Society is growing
increasingly concerned about the steady decline of our nation's core
ethical values, especially in our children. Although parents should be
the primary developers of character, the role of schools in character-
building has become increasingly important.
I am pleased to see the increased emphasis H.R. 1 has placed on low-
performing Title I schools. If we are to demand that our schools meet
high standards of achievement, we must also ensure that schools serving
low-income students receive sufficient funds to meet these students'
needs. These much needed Title I funds will make a real difference in
the academic lives of many of my young constituents.
I also support several other provisions of the bill including
accountability measures, student mentoring and the retention of the
Safe Schools and 21st Century Learning Centers programs as separate
initiatives.
I am extremely pleased to see that neither vouchers nor the
``Straight A's'' provision are included in the reported bill and am
hopeful that they will not be attached as amendments. We have a
remarkable consensus on this bill, but it is a fragile one. I urge my
colleagues to protect this delicate balance by rejecting voucher or
``Straight A's'' proposals that would jeopardize passage of the bill.
While H.R. 1 substantially increases local flexibility, a ``Straight
A's'' proposal only increases control at the state level. It will
result in less funding to many local school districts, particularly
those with low-income children.
Every child deserves the opportunity to succeed in our public school
system. This bill takes a positive step forward toward helping students
achieve academically and strengthening public schools.
Mrs. LOWEY. Mr. Chairman, this bill makes some pretty big promises.
It has the potential to dramatically change the public education system
in this country. It authorizes significant levels of funding. It says
to parents that Congress thinks education is a priority, and that we
will make good on our goal--that every child in America should get a
quality education.
But, Mr. Chairman, I sit on the Appropriations Subcommittee that
funds education, and my experience tells me that we are a long way from
being able to keep these promises. The budget we passed two weeks ago
does not provide the funds to do everything we promise in this bill. At
the end of the year, when push comes to shove, we will do what we've
done for the past few years--we will short education.
Tonight and tomorrow we will talk about how we are going to provide
more funding than ever for our most disadvantaged students through
Title I, about how we will give states flexibility to determine their
fiscal needs in the areas of teacher recruitment, teacher development
and school renovation, and about how we will demand results for our
efforts. These are all worthy goals, and I support them.
But without funding, this new flexibility becomes a gilded prison.
States will have to decide whether to spend their money on facilities,
teachers or testing. The bill does not provide any additional funds for
school construction, and does not provide enough to help states develop
the new mandated tests or recruit more teachers to reduce class sizes.
In fact, the rule will not even allow these issues to be discussed on
the floor.
Unless we work to ensure that sufficient money is included for
education in the appropriations process, then all we are doing today is
making empty promises.
When the annual appropriations melee begins toward the end of the
year, I hope the American people will remind every member who votes for
this bill that they have a promise to keep. Every member who holds a
press conference to tout their commitment to education after their vote
for this bill should be prepared to follow through.
Mr. Chairman, we have an opportunity to do great things for
education. But this legislation is only a down payment. I hope we
remember to pay the rest of the bill.
Ms. SOLIS. Mr. Speaker, as a freshman Member of Congress it has been
exciting to be a part of the House Education and Workforce Committee,
working to draft a bipartisan
[[Page H2419]]
education bill which truly will help students in California and
throughout the country. I have been touring the schools in my district
to find out from teachers, administrators, parents, and students what
they need from the Federal Government when it comes to education
policy.
I think the bill that was reported from the Education Committee makes
an excellent start toward helping our students achieve success. I am
pleased with the increased funding levels for title I, the education
program fro disadvantaged students, and the increased targeting of
funds to low-income areas and at-risk students.
I am also extremely happy with what is not in the bill--private
school vouchers. The Education Committee voted to eliminate the voucher
provisions and I hope the House will vote to keep vouchers out of the
bill as well. We should be focusing on improving our public schools,
rather than using public funds to send students to private schools.
Vouchers don't make sense for Los Angeles area students. The $1,500
voucher proposed by President Bush wouldn't be enough money to send a
child to a private school in Los Angeles. And we simply don't have
enough private schools willing to accept students with vouchers.
Although I am happy with the bill, I do have some concerns. I had
hoped that the Republican leadership would have allowed Democrats the
opportunity to improve this bill through amendments. Unfortunately, we
were not offered that opportunity. I wanted to offer an amendment to
allow community learning centers to use their funds to implement
programs which would help immigrant students with language and life
skills. A similar amendment passed the other body by a 96-0 vote, and I
had hoped the House would have the opportunity to vote on the
amendment. Unfortunately, we were denied that opportunity.
Also, I had hoped that a school construction amendment offered by my
colleague from New York, Mr. Owens, would have been made in order for
consideration today. California's efforts to reduce class size and our
dramatic population increases have combined to make school construction
essential. I am very disappointed that the House won't have the
opportunity to vote on school construction today.
I also have concerns with portions of the bill dealing with bilingual
and immigrant education, and hope they can be improved as the bill
moves through the legislative process. As our recent census numbers
show us, bilingual and immigrant students are no longer solely the
responsibility of States like California, Texas, Florida, and New York.
We must be prepared to dramatically increase the funding for this
program in order to meet the needs of states like Arkansas and Georgia,
which are experiencing a large influx of immigrant and bilingual
children.
This bill also recommends that students be moved out of bilingual
classrooms into English-only programs within three years. This
provision is overly restrictive and has no basis in academic research.
There is no evidence that students can learn a new language within 3
years. Mandating a time limit on bilingual education impedes the
ability of school districts to tailor their instruction to children's
individual needs.
I am also unhappy with the provision in H.R. 1 which require schools
districts to try and receive a parent's permission before putting a
child into a bilingual education program. Requiring parents to ``opt-
in'' in order to place their children in bilingual education is unfair.
It places the burden of educating an English-learning student on the
parent, rather than the school. In addition, there could also be a
significant delay in a child's access to appropriate educational
services as the parent and school deal with the administrative
paperwork required to place a child in a bilingual education program.
I think we have a very good education bill before us today. I know
that some of my Republican colleagues will offer amendments to add
private school vouchers or to block grant important education programs.
I urge my colleagues to oppose these efforts and keep the important
reforms made in the base bill.
Mrs. MEEK of Florida. Mr. Chairman, there are some good things in
this bill, but it has some very serious flaws, particularly the failure
to fund school modernization and the tremendously damaging changes
proposed in the permissible uses of funds under the title I program.
The distinctive characteristic of Federal participation in elementary
and secondary education has always been that Federal funding is
targeted to reach the needs of students who come from low-income
families. I firmly believe that we must continue this targeting.
Unfortunately, by diluting the targeting of title I funds, H.R. 1 fails
our students from low-income families and continues the movement toward
abandoning our commitment to them.
The title I program and the law were designed to reach those American
children who come from low-income families. The formula for title I is
driven by individual poverty; the number of children who qualify for
free lunches determines the amount of money that goes to a school
district.
Currently, under title I, local education agencies target funds to
schools with the highest percentage of children from low-income
families. Unless a participating school is operating a ``schoolwide''
program, the school must target Title I services to children who are
failing, or most at risk of failing, to meet State academic standards.
When the program was created in 1965, the eligibility threshold for
using title I funds to operate ``schoolwide'' programs was 75 percent.
Let me repeat that again. Originally, 75 percent of students in a given
school had to be poor in order for a school to be able to use title I
funds in schoolwide programs.
H.R. 1, as reported, lowers the poverty eligibility threshold for
schoolwide programs from 50 percent to 40 percent. This change means
that 60 percent of the students in that school do not have to qualify
as poor; yet they will reap the benefits of title I funds.
I am for helping all students in our public schools, but not by
lowering the poverty threshold to 40 percent, and diluting the
program's focus on poor children. Simply put, we are taking from the
poor to give to those who are more fortunate. This is not the way to
bridge the so-called achievement gap.
The proposed change in the poverty eligibility threshhold is just the
latest installment in the Congress' abandonment of students from low-
income families, the very students who historically have been the
focus, and the intended beneficiaries of the title I program. If H.R. 1
passes in this form, we will have gone from targeting the Federal
Government's primary program in education to help the poor from schools
with poverty levels of 75 percent to schools with poverty levels of 40
percent. This seems to me very radical and very unwise.
Education is the number one issue for all Americans, in large part
because a good education is critical to achieving the American dream.
We should focus our Federal investment on those that need it the most.
The proposed change to title I is misguided and wrong. We should take a
fresh look at this critical issue.
Mr. GILMAN. Mr. Chairman, I rise today in support of H.R. 1 I am
pleased that we are working on this education legislation so early in
the 107th Congress and that this legislation will provide more funding
for all of our Nation's schools.
The basics of this bill include developing and implementing high
academic standards, helping students achieve these standards with
local, State, and Federal funding and requiring some level of
accountability for student achievement.
With a strong focus on improving reading skills and literacy, this
legislation will help strengthen the foundation that all children need
in order to succeed in school. Coupled with increased funding for title
I programs which focus on helping disadvantaged students achieve high
standards, this reading initiative will make a significant impact in
children's lives.
As cochair of the Congressional Child Care Caucus, I am particularly
pleased with the Reading First Initiative with its funds targeting
children ages three through five. These competitive grants will aid in
the development of verbal skills, phonetic awareness, prereading
development and assistance training for the professional development of
teachers in child care centers or Head Start centers. If we are to
expect our children to achieve great academic success in elementary and
secondary school, it is vitally important that their teachers are ready
and able to meet the challenges of everyday instruction in the
classroom.
Moreover, our Nation's teachers are called upon to act as surrogate
parents, counselors, confidants, and security officers, in addition to
their basic responsibilities of educating students on a daily basis.
With many teachers choosing to leave the profession, we need to help
retain them and by providing the necessary funding for training and
professional development, as well as a teacher mentoring program,
hopefully we can retain the best and brightest in their profession and
prevent a massive shortage which is anticipated in New York State.
Accordingly, I urge my colleagues to support this bill, as well as
the Dunn amendment for school security program funding, the Meek
amendment for student mentoring programs and the Mink amendment for new
teacher mentoring. This legislation is a right first step towards
strengthening and improving our Nation's public education system.
Mrs. CHRISTENSEN. Mr. Chairman, I rise in support of H.R. 1--the
Leave No Child Behind Act of 2001, in large measure because the members
of the Education and Workforce Committee were able to come together on
a bipartisan basis to forge an agreement on a major education reform
bill which would hold public schools accountable for improving the
[[Page H2420]]
education of our children while offering substantial increases in
Federal funds to help accomplish that goal.
I applaud my colleagues the ranking Democrat on the Education and
Workforce Committee, Mr. George Miller of California, for his work with
Chairman Boehner and officials of the White House to reach a consensus
on a bipartisan school improvement bill.
As passed by the committee H.R. 1 authorizes $24 billion in funding
on ESEA programs, representing a 29-percent increase over the current
fiscal year and well above the funding levels provided for in President
Bush's own budget.
While these badly needed increase makes this is a good bill there
still remain a number of political obstacles--such as the misguided
budget reconciliation bill which this body passed last week--which must
be overcome before we can have a sound bill. It is important to point
out, that in their budget, the Republican leadership cut funding for
education below even the President's request in order to pay for tax
breaks for the wealthy.
I would like to urge my colleagues on both sides of the isle not to
forget to need for funding for school construction and modernization.
Across the country, thousands of school buildings no longer function as
effective places of learning, or even as decent places of shelter. Too
many of our children are being left behind in schools with moldy walls,
peeling paint, inadequate heat, poor ventilation, broken plumbing,
leaky roofs, substandard electrical service, and rodent and insert
infestations. School repairs are a massive and expensive problem that
school districts cannot face along. They need Federal help.
For this reason, Mr. Chairman, I would oppose any amendment to
restore the President's choice proposal and I am disappointed at the
adopted rule to block any amendment on school construction and
modernization. My dear colleague Congressman Major Owens introduced one
of those amendments. Congressman's Owen's amendment proposed $20
billion for school construction, renovation and repair, provide schools
located in underserved communities with funding to repair leaking roofs
and faulty plumbing; ensure that schools built before WWII do not
continue to contribute to childhood illnesses; and modernize more than
150,000 schools nationwide.
I would like to acknowledge and express my gratitude to Congressman
Underwood for offering an amendment to title IV of the Elementary and
Secondary Education Act of 1965 to include general assistance for
certain outlying areas. The General Assistance Grant was established by
section 4501 of the Elementary Act 1965, as amended, and provided for
general assistance to improve education in, my district, the U.S.
Virgin Islands. No appropriations have been provided fro this program
since FY 1994, thus slowing almost to a halt, the incipient progress we
were beginning to make in our education system. Mr. Chairman, while we
fully recognize that it takes more than just money to make an
educational system work well, this grant would give the Virgin Islands
Department of Education, a tremendous and needed boost, in its ongoing
efforts to improve the education it provides to our children. I am
disappointed that the Rules Committee did not make Mr. Underwood's
amendment in order.amendment
This notwithstanding, the bill before us today is a big improvement
over what the committee began considering. It provides substantial new
resources, including $4 billion more for elementary and secondary
education for next year compared to this year, in exchange for higher
standards and tough accountability rules, which all of us want and
support.
I applaud the committee's Democrats as well as the Republicans who
voted in committee to eliminate private school vouchers from this bill.
Mr. Chairman, our public schools are plagued with enough problems
already. We don't need to add to those problems by taking funding away
from our schools in the form of vouchers.
The bill we are considering today, Mr. Chairman, represents a
compromise, which is what being a member of this body is all about. No
side, neither Republican nor Democrat gets what they want all the time.
That is what the Framers of our country intended when they created the
principle of separation of powers. My constituents and the children of
the Virgin Islands will benefit from the increased funding represented
in this bipartisan bill. I urge my colleagues to support its passage.
Mr. CRENSHAW. Mr. Chairman, I rise today to address this important
measure to reform and improve our public education system.
As an original cosponsor of H.R. 1, I, like many of my colleagues,
was disappointed at some of the changes that the bill underwent during
committee consideration. For instance, I believe that the school choice
provisions that the President outlined in his education reform package
represented a reasonable compromise. He provided a graduated series of
steps that bolstered a failing school's efforts to improve without
jeopardizing the students who attend that school awaiting improvement.
His three-year program recognized that every year a child is in school
is a precious opportunity to instill knowledge in her mind and a love
of learning in her soul.
I intend to support amendments that will be offered on the floor to
restore these school choice provisions to the bill, and I am hopeful
that these efforts will succeed. But, in the event that a majority of
my colleagues do not share my belief in empowering parents through
school choice, I am likely to still support this legislation.
Mr. Chairman, we cannot allow the perfect to be the enemy of the
good. There are many innovative and important proposals included in
H.R. 1. It consolidates federal programs, cutting their number by half.
It gives local school districts flexibility to transfer up to 50% of
federal funding between programs--that is 10 times more flexibility
than they are now afforded. It helps all parents--rich and poor alike--
to get their children the after-school, tutoring, or remedial
assistance they need if they are in low-performing schools.
While it may not include everything I would like, it represents a
positive step forward. I commend Chairman Boehner and the Republicans
and Democrats of the House Education and Workforce Committee for their
hard work in crafting a compromise that keeps the dialogue open and
keeps education reform moving forward.
Mr. REYES. Mr. Chairman, today the House is taking up extremely
important legislation, H.R. 1, a bill to reauthorize the Elementary and
Secondary Education Act (ESEA). Although the bipartisan support for
this bill is encouraging, just two weeks ago the republicans passed a
budget resolution that committed no new resources for education. In
fact, the budget resolution provided less than the amount the President
requested by $900 million for fiscal year 2002 and by $21.4 billion
over ten years. Instead of providing new resources for education, the
conference report set funding levels equal to the amount needed,
according the Congressional Budget Office (CBO), just to keep up with
inflation. by contrast, H.R. 1 as reported authorizes approximately
$5.5 billion more for elementary and secondary education programs for
fiscal year 2002 than the $18.5 billion appropriated in fiscal year
2001.
This difference between the funding levels authorized in H.R. 1 and
the funds committed to education in the budget conference report
confirms my concern about the Republican budget. Although Republicans
claim to support investments in priorities such as education, their
budget did not commit the necessary resources. Furthermore, last week
we voted on an unfair rule for H.R. 1 which prevented Democrats from
offering key education priorities as amendments. There is nothing in
the bill addressing class-size reduction, school modernization or the
need to provide adequate funding authorizations for bilingual and
migrant education.
The absence of a specific class size reduction program in the bill is
unfortunate. H.R. 1 combines professional development and class size.
In my opinion, schools should not be forced to chose between reducing
class size and providing high quality professional development.
Research clearly shows that reducing class size, particularly in the
early grades, improves student achievement.
This bill also falls short of providing enough resources for migrant
students. In just the past two years, the average number of dollars
spent per migrant student has declined by 11 percent. This bill's
proposed increase in migrant education funding does not go nearly far
enough to reverse that decline.
The bill further fails migrant students by omitting strong provisions
to create a migrant student records transfer system. Such a system
would eliminate two serious problems faced by migrant students: the
health risks caused by multiple unnecessary vaccinations and the denial
of high school graduation because of missing records of earned credits.
H.R. 1 instead contains weak language that has already been in place
for years and produced no results. We should not forgo the opportunity
to ensure that migrant children are not left behind.
In addition, this country faces a dramatic challenge in bringing
schools up to minimally acceptable conditions as well as meeting school
construction and modernization needs for the 21st century. In my
district there are schools that finally have access to computers and
technology, but don't have enough electrical outlets to run the
technology. I am sure that this is the case in school districts across
the country where the average school building is 42 years old. States
and localities cannot reasonably be expected to carry the incredible
financial burden of building and repairing our schools. Well-maintained
schools are critically important for the health and safety of our
students. Federal help is not only appropriate, it is essential.
Mr. Chairman, the nation's priorities in education will not be met
within the confines of the budget resolution that was passed on May
[[Page H2421]]
9th. We need to address issues such as class size reduction, school
modernization, bilingual education and migrant student needs before we
give massive tax cuts to the wealthiest Americans.
I also want to share my grave concern about the ``parental
notification and consent'' requirements contained in H.R.1. If enacted,
these requirements will serve as a barrier to implementing bilingual
education programs. According to this bill, schools will be required to
``make reasonable and substantial efforts'' to gain informed parental
consent prior to placing children in an instructional program that is
not taught primarily in English. This provision places an undue
bureaucratic burden on local schools that will deter them from offering
bilingual education classes.
These parental notification and consent measures have also been
inserted into Title I--the section of the bill dedicated to assistance
for low-income students. Schools that want to use some of their Title I
funds for specialized services aimed at assisting limited English
proficient children will be burdened with these requirements. No other
group of students with special needs is singled out in this way. These
provisions are a step back to the days when limited English proficient
students were barred from Title I-funded education. These parental
notification provisions are therefore inherently unfair and should be
removed when this bill reaches the conference committee.
Mr. BOEHNER. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the committee amendment in the nature of a
substitute printed in the bill shall be considered as an original bill
for the purpose of amendment under the 5-minute rule and shall be
considered read.
The text of the committee amendment in the nature of a substitute is
as follows:
H.R. 1
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Child Left Behind Act of
2001''.
SEC. 2. REFERENCES.
Except as otherwise specifically provided in this Act,
whenever in this Act an amendment or repeal is expressed as
the amendment 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. TRANSITION.
Except as otherwise specifically provided in this Act, or
any amendment made by this Act, any person or agency that was
awarded a grant under the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.) prior to the date of the
enactment of this Act shall continue to receive funds in
accordance with the terms of such award, except that such
funds may not be provided after the date that is one year
after the effective date of this Act.
SEC. 4. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. References.
Sec. 3. Transition.
Sec. 4. Table of contents.
Sec. 5. Effective date.
TITLE I--IMPROVING THE ACADEMIC PERFORMANCE OF THE DISADVANTAGED
Part A--Basic Program
Sec. 101. Disadvantaged children meet high academic standards.
Sec. 102. Authorization of appropriations.
Sec. 103. Reservation for school improvement.
Sec. 104. Basic programs.
Sec. 105. School choice.
Sec. 106. Academic assessment and local educational agency and school
improvement.
Sec. 107. State assistance for school support and improvement.
Sec. 108. Academic achievement awards program.
Part B--Student Reading Skills Improvement Grants
Sec. 111. Reading first; early reading first.
Sec. 112. Amendments to Even Start.
Sec. 113. Inexpensive book distribution program.
Part C--Education of Migratory Children
Sec. 121. State allocations.
Sec. 122. State applications; services.
Sec. 123. Authorized activities.
Sec. 124. Coordination of migrant education activities.
Part D--Neglected or Delinquent Youth
Sec. 131. Neglected or delinquent youth.
Sec. 132. Findings.
Sec. 133. Allocation of funds.
Sec. 134. State plan and State agency applications.
Sec. 135. Use of funds.
Sec. 136. Transition services.
Sec. 137. Purpose.
Sec. 138. Programs operated by local educational agencies.
Sec. 139. Local educational agency applications.
Sec. 140. Uses of funds.
Sec. 141. Program requirements.
Sec. 142. Program evaluations.
Part E--Federal Evaluations and Demonstrations
Sec. 151. Evaluations.
Sec. 152. Demonstrations of innovative practices.
Sec. 153. Ellender-close up fellowship program; dropout reporting.
Part F--Comprehensive School Reform
Sec. 161. School reform.
Part G--Rural Education Flexibility and Assistance
Sec. 171. Rural education.
Part H--General Provisions of Title I
Sec. 181. General provisions.
TITLE II--PREPARING, TRAINING, AND RECRUITING QUALITY TEACHERS
Sec. 201. Teacher quality training and recruiting fund.
Sec. 202. National writing project.
Sec. 203. Civic education; teacher liability protection.
TITLE III--EDUCATION OF LIMITED ENGLISH PROFICIENT AND IMMIGRANT
CHILDREN; INDIAN AND ALASKA NATIVE EDUCATION
Part A--Education of Limited English Proficient and Immigrant Children
Sec. 301. Programs authorized.
Sec. 302. Conforming amendment to Department of Education Organization
Act.
Part B--Indian and Alaska Native Education
Sec. 311. Elementary and Secondary Education Act of 1965.
Sec. 312. Alaska Native education.
Sec. 313. Amendments to the education amendments of 1978.
Sec. 314. Tribally Controlled Schools Act of 1988.
TITLE IV--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS
Part A--Innovative Programs
Sec. 401. Promoting informed parental choice and innovative programs.
Sec. 402. Continuation of awards.
Part B--Public Charter Schools
Sec. 411. Public charter schools.
Sec. 412. Continuation of awards.
Part C--Magnet Schools Assistance; Women's Educational Equity
Sec. 421. Magnet schools assistance.
Sec. 422. Women's educational equity.
Sec. 423. Continuation of awards.
TITLE V--21st CENTURY SCHOOLS
Sec. 501. Safe schools.
TITLE VI--IMPACT AID PROGRAM
Sec. 601. Payments under section 8002 with respect to fiscal years in
which insufficient funds are appropriated.
Sec. 602. Calculation of payment under section 8003 for small local
educational agencies.
Sec. 603. Construction.
Sec. 604. State consideration of payments in providing State aid.
Sec. 605. Authorization of appropriations.
Sec. 606. Redesignation of program.
TITLE VII--ACCOUNTABILITY
Sec. 701. Flexibility and accountability.
TITLE VIII--GENERAL PROVISIONS
Sec. 801. General provisions.
Sec. 802. Comprehensive regional assistance centers.
Sec. 803. National diffusion network.
Sec. 804. Eisenhower regional mathematics and science education
consortia.
Sec. 805. Technology-based technical assistance.
Sec. 806. Regional technical support and professional development.
TITLE IX--MISCELLANEOUS PROVISIONS
Part A--Amendments to Other Acts
SUBPART 1--NATIONAL EDUCATION STATISTICS ACT
Sec. 901. Amendment to NESA.
SUBPART 2--HOMELESS EDUCATION
Sec. 911. Short title.
Sec. 912. Findings.
Sec. 913. Purpose.
Sec. 914. Education for homeless children and youth.
Sec. 915. Technical amendment.
Part B--Repeals
Sec. 921. Repeals.
SEC. 5. EFFECTIVE DATE.
Except as otherwise specifically provided in this Act, this
Act, and the amendments made by this Act, shall take effect
on October 1, 2001, or on the date of the enactment of this
Act, whichever occurs later.
TITLE I--IMPROVING THE ACADEMIC PERFORMANCE OF THE DISADVANTAGED
PART A--BASIC PROGRAM
SEC. 101. DISADVANTAGED CHILDREN MEET HIGH ACADEMIC
STANDARDS.
Section 1001 is amended to read as follows:
``SEC. 1001. FINDINGS; STATEMENT OF PURPOSE; AND RECOGNITION
OF NEED.
``(a) Findings.--Congress finds the following:
``(1) The Constitution of the United States reserves to the
States and to the people the responsibility for the general
supervision of public education in kindergarten through the
twelfth grade.
``(2) States, local educational agencies and schools should
be given maximum flexibility in exchange for greater academic
accountability, and be given greater freedom to build upon
existing innovative approaches for education reform.
[[Page H2422]]
``(3) The best education decisions are made by those who
know the students and who are responsible for implementing
the decisions.
``(4) Educators and parents should retain the right and
responsibility to educate their pupils and children free of
excessive regulation by the Federal Government.
``(5) The Supreme Court has regarded the right of parents
to direct the upbringing of their children as a fundamental
right implicit in the concept of ordered liberty within the
14th Amendment to the Constitution, as specified in Meyer v.
Nebraska, 262 U.S. 390 (1923), and Pierce v. Society of
Sisters, 268 U.S. 510 (1925).
``(6) Schools that enroll high concentrations of children
living in poverty face the greatest challenges, but effective
educational strategies based on scientifically based research
can succeed in educating children to high academic standards.
``(7) High-poverty schools are much more likely to be
identified as failing to meet State academic standards for
satisfactory progress. As a result, these schools are
generally the most in need of additional resources and
technical assistance to build the capacity of these schools
to address the many needs of their students.
``(8) The educational progress of children participating in
programs under this title is closely associated with their
being taught by a highly qualified staff, particularly in
schools with the highest concentrations of poverty, where
paraprofessionals, uncertified teachers, and teachers
teaching out of field frequently provide instructional
services.
``(9) Congress and the public would benefit from additional
data evaluating the efficacy of the Elementary and Secondary
Education Act of 1965.
``(10) Schools operating programs assisted under this part
must be held accountable for the educational achievement of
their students, when those students fail to demonstrate
progress in achieving high academic standards, local
educational agencies and States must take significant actions
to improve the educational opportunities available to them.
``(b) Purpose and Intent.--The purpose and intent of this
title are to ensure that all children have a fair and equal
opportunity to obtain a high-quality education.
``(c) Recognition of Need.--The Congress recognizes the
following:
``(1) Educational needs are particularly great for low-
achieving children in our Nation's highest-poverty schools,
children with limited English proficiency, children of
migrant workers, children with disabilities, Indian children,
children who are neglected or delinquent, and young children
who are in need of reading assistance and family literacy
assistance.
``(2) Despite more than 3 decades of Federal assistance, a
sizable achievement gap remains between minority and
nonminority students, and between disadvantaged students and
their more advantaged peers.
``(3) Too many students attend local schools that fail to
provide them with a quality education, and are given no
alternatives to enable them to receive a quality education.
``(4) States, local educational agencies, and schools need
to be held accountable for improving the academic achievement
of all students, and for identifying and turning around low-
performing schools.
``(5) States and local educational agencies need to ensure
that high quality academic assessments, accountability
systems, teacher preparation and training, curriculum, and
instructional materials are aligned with challenging State
academic standards so that students, teachers, parents, and
administrators can measure progress against common
expectations for student academic achievement.
``(6) Federal education assistance is intended not only to
increase pupil achievement overall, but also more
specifically and importantly, to help ensure that all
students, especially the disadvantaged, meet challenging
academic achievement standards. It can only be determined if
schools, local educational agencies, and States are reaching
this goal if student achievement results are reported
specifically by disadvantaged and minority status.''.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
Section 1002 is amended to read as follows:
``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
``(a) Local Educational Agency Grants.--For the purpose of
carrying out part A, other than section 1120(e), there are
authorized to be appropriated $11,500,000,000 for fiscal year
2002, $13,000,000,000 for fiscal year 2003, $14,500,000,000
for fiscal year 2004, $16,000,000,000 for fiscal year 2005,
and $17,200,000,000 for fiscal year 2006.
``(b) Student Reading Skills Improvement Grants.--
``(1) Reading first.--For the purpose of carrying out
subpart 1 of part B, there are authorized to be appropriated
$900,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``(2) Early reading first.--For the purpose of carrying out
subpart 2 of part B, there are authorized to be appropriated
$75,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``(3) Even start.--For the purpose of carrying out subpart
3 of part B, there are authorized to be appropriated
$275,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``(4) Inexpensive book distribution program.--For the
purpose of carrying out subpart 4 of part B, there are
authorized to be appropriated such sums as may be necessary
for fiscal year 2002 and each of the 4 succeeding fiscal
years.
``(c) Education of Migratory Children.--For the purpose of
carrying out part C, there are authorized to be appropriated
$420,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``(d) Prevention and Intervention Programs for Youth Who
Are Neglected, Delinquent, or at Risk of Dropping Out.--For
the purpose of carrying out part D, there are authorized to
be appropriated $50,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 4 succeeding fiscal
years.
``(e) Comprehensive School Reform.--For the purpose of
carrying out part F, there are authorized to be appropriated
$260,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``(f) Rural Education.--For the purpose of carrying out
part G, there are authorized to be appropriated $300,000,000
for fiscal year 2002 and such sums as may be necessary for
each of 4 succeeding fiscal years to be distributed equally
between subparts 1 and 2.
``(g) Capital Expenses.--For the purpose of carrying out
section 1120(e), there are authorized to be appropriated
$6,000,000 for fiscal year 2002, and such sums as may be
necessary for fiscal year 2003.
``(h) Federal Activities.--
``(1) Sections 1501 and 1502.--(A) For the purpose of
carrying out section 1501, there are authorized to be
appropriated $9,000,000 for fiscal year 2002 and such sums as
may be necessary for each of the 4 succeeding fiscal years.
``(B) For the purpose of carrying out section 1502, there
are authorized to be appropriated such sums as may be
necessary for fiscal year 2002 and for each of the 4
succeeding fiscal years.
``(2) Section 1503.--For the purpose of carrying out
section 1503, there are authorized to be appropriated such
sums as may be necessary for fiscal year 2002 and for each of
the 4 succeeding fiscal years.
``(i) State Administration.--
``(1) State reservation.--Each State may reserve, from the
sum of the amounts it receives under parts A, C, and D of
this title, an amount equal to the greater of 1 percent of
the amount it received under such parts for fiscal year 2001,
or $400,000 ($50,000 for each outlying area), including any
funds it receives under paragraph (2), to carry out
administrative duties assigned under parts A, C, and D.
``(2) Authorization of appropriations.--There are
authorized to be appropriated $10,000,000 for fiscal year
2002 and such sums as may be necessary for each of the 4
succeeding fiscal years for additional State administration
grants. Any such additional grants shall be allocated among
the States in proportion to the sum of the amounts received
by each State for that fiscal year under parts A, C, and D of
this title.
``(3) Special rule.--The amount received by each State
under paragraphs (1) and (2) may not exceed the amount of
State funds expended by the State educational agency to
administer elementary and secondary education programs in
such State.
``(j) Assistance for Local School Improvement.--
``(1) Program authorized.--The Secretary shall award grants
to States to provide subgrants to local educational agencies
for the purpose of providing assistance for school
improvement consistent with section 1116. Such grants shall
be allocated among States, the Bureau of Indian Affairs, and
the outlying areas, in proportion to the grants received by
the State, the Bureau of Indian Affairs, and the outlying
areas for the fiscal year under parts A, C, and D of this
title. The Secretary shall expeditiously allocate a portion
of such funds to States for the purpose of assisting local
educational agencies and schools that were in school
improvement status on the date preceding the date of the
enactment of the No Child Left Behind Act of 2001.
``(2) Reallocations.--If a State does not apply for funds
under this subsection, the Secretary shall reallocate such
funds to other States in the same proportion funds are
allocated under paragraph (1).
``(3) State applications.--Each State educational agency
that desires to receive funds under this subsection shall
submit an application to the Secretary at such time, and
containing such information as the Secretary shall reasonably
require, except that such requirement shall be waived if a
State educational agency has submitted such information as
part of its State plan under this part. Each State plan shall
describe how such funds will be allocated to ensure that the
State educational agency and local educational agencies
comply with school improvement, corrective action, and
restructuring requirements of section 1116.
``(4) Local educational agency grants.--A grant to a local
educational agency under this subsection shall be--
``(A) of sufficient size and scope to support the
activities required under sections 1116 and 1117, but not
less than $50,000 and not more than $500,000 to each
participating school;
``(B) integrated with funds awarded by the State under this
Act; and
``(C) renewable for 2 additional 1-year periods if schools
are making yearly progress consistent with State and local
educational agency plans developed under section 1116.
``(5) Priority.--The State, in awarding such grants, shall
give priority to local educational agencies with the lowest
achieving schools, that demonstrate the greatest need for
such funds, and that demonstrate the strongest commitment to
making sure such funds are used to provide adequate resources
to enable the lowest achieving schools to meet the yearly
progress goals under State and local school improvement,
corrective action, and restructuring plans under section
1116.
``(6) Administrative costs.--A State educational agency
that receives a grant award under this subsection may reserve
not more than 5 percent of such award for administration,
evaluation, and technical assistance expenses.
[[Page H2423]]
``(7) Local awards.--Each local educational agency that
applies for assistance under this subsection shall describe
how it will provide the lowest achieving schools the
resources necessary to meet yearly progress goals under State
and local school improvement, corrective action, and
restructuring plans under section 1116.
``(8) Authorization of appropriations.--For the purpose of
carrying out this subsection, there are authorized to be
appropriated $500,000,000 for fiscal year 2002 and such sums
as may be necessary for each of the 4 succeeding fiscal
years.''.
SEC. 103. RESERVATION FOR SCHOOL IMPROVEMENT.
Section 1003 is amended to read as follows:
``SEC. 1003. RESERVATION FOR SCHOOL IMPROVEMENT.
``(a) State Reservations.--Each State shall reserve 1
percent of the amount it receives under subpart 2 of part A
for fiscal years 2002 and 2003, and 3 percent of the amount
received under such subpart for fiscal years 2004 through
2006, to carry out subsection (b) and to carry out the
State's responsibilities under sections 1116 and 1117,
including carrying out the State educational agency's
statewide system of technical assistance and support for
local educational agencies.
``(b) Uses.--Of the amount reserved under subsection (a)
for any fiscal year, the State educational agency shall
allocate at least 95 percent of that amount directly to local
educational agencies for schools identified for school
improvement, corrective action, and restructuring under
section 1116(c) that have the greatest need for that
assistance in amounts sufficient to have a significant impact
in improving those schools.
``(c) Priority.--The State educational agency, in
allocating funds to local educational agencies under this
section, shall give priority to local educational agencies
that--
``(1) have the lowest achieving schools;
``(2) demonstrate the greatest need for such funds; and
``(3) demonstrate the strongest commitment to ensuring that
such funds are used to enable the lowest achieving schools to
meet the yearly progress goals under section
1116(b)(3)(A)(v).
``(d) Unused Funds.--If, after consultation with local
educational agencies in the State, the State educational
agency determines that the amount of funds reserved to carry
out subsection (b) is greater than the amount needed to
provide the assistance described in that subsection, it may
allocate the excess amount to local educational agencies in
accordance with either or both--
``(1) the relative allocations it made to those agencies
for that fiscal year under subpart 2 of part A; or
``(2) section 1126(c).
``(e) Special Rule.--Notwithstanding any other provision of
this section, the amount of funds reserved by the State under
subsection (a) in any given fiscal year shall not decrease
the amount of State funds each local educational agency
receives below the amount received by such agency under
subpart 2 in the preceding fiscal year.''.
SEC. 104. BASIC PROGRAMS.
The heading for part A of title I and sections 1111 through
1115 are amended to read as follows:
``PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL
AGENCIES
``Subpart 1--Basic Program Requirements
``SEC. 1111. STATE PLANS.
``(a) Plans Required.--
``(1) In general.--Any State desiring to receive a grant
under this part shall submit to the Secretary, by March 1,
2002, a plan, developed in consultation with local
educational agencies, teachers, principals, pupil services
personnel, administrators (including administrators of
programs described in other parts of this title), other
staff, and parents, that satisfies the requirements of this
section and that is coordinated with other programs under
this Act, the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.), the Carl D. Perkins Vocational and
Technical Education Act of 1998 (20 U.S.C. 2301 et seq.), the
Head Start Act (42 U.S.C. 9831 et seq.), and the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.).
``(2) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as part of a consolidated plan
under section 8302.
``(b) Academic Standards, Academic Assessments, and
Accountability.--
``(1) Challenging academic standards.--
``(A) Each State plan shall demonstrate that the State has
adopted challenging academic content standards and
challenging student academic achievement standards that will
be used by the State, its local educational agencies, and its
schools to carry out this part, except that a State shall not
be required to submit such standards to the Secretary.
``(B) The academic standards required by subparagraph (A)
shall be the same academic standards that the State applies
to all schools and children in the State.
``(C) The State shall have such academic standards for all
public elementary and secondary school children, including
children served under this part, in subjects determined by
the State, but including at least mathematics, reading or
language arts, and science (beginning in the 2005-2006 school
year), which shall include the same knowledge, skills, and
levels of achievement expected of all children.
``(D) Academic standards under this paragraph shall
include--
``(i) challenging academic content standards in academic
subjects that--
``(I) specify what children are expected to know and be
able to do;
``(II) contain coherent and rigorous content; and
``(III) encourage the teaching of advanced skills; and
``(ii) challenging student academic achievement standards
that--
``(I) are aligned with the State's academic content
standards;
``(II) describe 2 levels of high performance (proficient
and advanced) that determine how well children are mastering
the material in the State academic content standards; and
``(III) describe a third level of performance (basic) to
provide complete information about the progress of the lower
performing children toward achieving to the proficient and
advanced levels of performance.
``(E) For the subjects in which students will be served
under this part, but for which a State is not required by
subparagraphs (A), (B), and (C) to develop, and has not
otherwise developed such academic standards, the State plan
shall describe a strategy for ensuring that students are
taught the same knowledge and skills in such subjects and
held to the same expectations as are all children.
``(F) Nothing in this part shall prohibit a State from
revising any standard adopted under this part before or after
the date of enactment of the No Child Left Behind Act of
2001.
``(2) Accountability.--
``(A) In general.--Each State plan shall demonstrate that
the State has developed and is implementing a statewide State
accountability system that has been or will be effective in
ensuring that all local educational agencies, public
elementary schools, and public secondary schools make
adequate yearly progress as defined under subparagraph (B).
Each State accountability system shall--
``(i) be based on the academic standards and academic
assessments adopted under paragraphs (1) and (4) and take
into account the performance of all public school students;
``(ii) be the same as the accountability system the State
uses for all public schools or all local educational agencies
in the State, except that public schools and local
educational agencies not participating under this part are
not subject to the requirements of section 1116; and
``(iii) include rewards and sanctions the State will use to
hold local educational agencies and public schools
accountable for student achievement and for ensuring that
they make adequate yearly progress in accordance with the
State's definition under subparagraph (B).
``(B) Adequate yearly progress.--Each State plan shall
demonstrate, based on academic assessments described under
paragraph (4), what constitutes adequate yearly progress of
the State, and of public schools and local educational
agencies in the State, toward enabling all public school
students to meet the State's student academic achievement
standards, while working toward the goal of narrowing the
achievement gaps in the State, local educational agency, and
school.
``(C) Definition.--`Adequate yearly progress' shall be
defined by the State in a manner that--
``(i) applies the same high academic standards of academic
performance to all public school students in the State;
``(ii) measures the progress of public schools and local
educational agencies based primarily on the academic
assessments described in paragraph (4);
``(iii) measures the student dropout rate, as defined for
the Common Core of Data maintained by the National Center for
Education Statistics established under section 403 of the
National Education Statistics Act of 1994 (20 U.S.C. 9002);
``(iv) includes separate annual numerical objectives for
continuing and significant improvement in each of the
following (except that disaggregation of data under
subclauses (II) and (III) shall not be required in a case in
which the number of students in a category is insufficient to
yield statistically reliable information or the results would
reveal individually identifiable information about an
individual student):
``(I) The achievement of all public school students.
``(II) The achievement of--
``(aa) economically disadvantaged students;
``(bb) students from major racial and ethnic groups;
``(cc) students with disabilities; and
``(dd) students with limited English proficiency;
``(III) solely for the purpose of determining adequate
yearly progress of the State, the acquisition of English
language proficiency by children with limited English
proficiency;
``(v) at the State's discretion, may also include other
academic measures such as promotion, completion of college
preparatory courses, and high school completion (and for
individual local educational agencies and schools, the
acquisition of English language proficiency by children with
limited English proficiency), except that inclusion of such
other measures may not change which schools or local
educational agencies would otherwise be subject to
improvement or corrective action under section 1116 if the
discretionary indicators were not included; and
``(vi) includes a timeline that--
``(I) uses as a baseline year the year following the date
of enactment of the No Child Left Behind Act of 2001;
``(II) establishes a target year by which all members of
each group of students described in subclauses (I) and (II)
of clause (iii) shall meet or exceed the State's proficient
level of academic performance on the State academic
assessment used for the purposes of this section and section
1116, except that the target year shall not be more than 12
years from the baseline year; and
``(III) for each year until and including the target year,
establishes annual goals for the academic performance of each
group of students
[[Page H2424]]
described in subclauses (I) and (II) of clause (iii) on the
State academic assessment that--
``(aa) indicates a minimum percentage of students who must
meet the proficient level on the academic assessment, such
that the minimum percentage is the same for each group of
students described in subclauses (I) and (II) of clause
(iii); or
``(bb) indicates an annual minimum amount by which the
percentage of students who meet the proficient level among
each group of students described in subclauses (I) and (II)
of clause (iii) shall increase, such that the minimum
increase for each group is equal to or greater than 100
percent minus the percentage of the group meeting the
proficient level in the baseline year divided by the number
of years from the baseline year to the target year
established under clause (I).
``(D) Annual improvement for schools.--For a school to make
adequate yearly progress under subparagraph (A), not less
than 95 percent of each group of students described in
subparagraph (C)(iii)(II) who are enrolled in the school are
required to take the academic assessments, consistent with
section 612(a)(17)(A) of the Individuals with Disabilities
Education Act (20 U.S.C. 1412(a)(17)(A)) and paragraph
(4)(G)(ii), on which adequate yearly progress is based.
``(E) Public notice and comment.--Each State shall ensure
that in developing its plan, it diligently seeks public
comment from a range of institutions and individuals in the
State with an interest in improved student achievement and
that the State makes and will continue to make a substantial
effort to ensure that information under this part is widely
known and understood by the public, parents, teachers, and
school administrators throughout the State. Such efforts
shall include, at a minimum, publication of such information
and explanatory text, broadly to the public through such
means as the Internet, the media, and public agencies.
``(3) State authority.--If a State educational agency
provides evidence, which is satisfactory to the Secretary,
that neither the State educational agency nor any other State
government official, agency, or entity has sufficient
authority, under State law, to adopt curriculum content and
student academic achievement standards, and academic
assessments aligned with such academic standards, which will
be applicable to all students enrolled in the State's public
schools, then the State educational agency may meet the
requirements of this subsection by--
``(A) adopting academic standards and academic assessments
that meet the requirements of this subsection, on a statewide
basis, limiting their applicability to students served under
this part; or
``(B) adopting and implementing policies that ensure that
each local educational agency in the State which receives
grants under this part will adopt curriculum content and
student academic achievement standards, and academic
assessments aligned with such standards, which meet all of
the criteria in this subsection and any regulations regarding
such standards and assessments which the Secretary may
publish, and which are applicable to all students served by
each such local educational agency.
``(4) Academic Assessments.--Each State plan shall
demonstrate that the State has implemented a set of high-
quality, yearly student academic assessments that include, at
a minimum, academic assessments in mathematics, and reading
or language arts, that will be used as the primary means of
determining the yearly performance of the State and of each
local educational agency and school in enabling all children
to meet the State's challenging student academic achievement
standards. Such assessments shall--
``(A) be the same academic assessments used to measure the
performance of all children;
``(B) be aligned with the State's challenging content and
student academic achievement standards and provide coherent
information about student attainment of such standards;
``(C) be used for purposes for which such assessments are
valid and reliable, and be consistent with relevant,
recognized professional and technical standards for such
assessments;
``(D) for the purposes of this part, be scored to ensure
the performance of each student is evaluated solely against
the State's challenging academic content standards and not
relative to the score of other students;
``(E) except as otherwise provided for grades 3 through 8
under subparagraph (G), measure the proficiency of students
in, at a minimum, mathematics and reading or language arts,
and be administered not less than once during--
``(i) grades 3 through 5;
``(ii) grades 6 through 9; and
``(iii) grades 10 through 12;
``(F) involve multiple up-to-date measures of student
achievement, including measures that assess critical thinking
skills and understanding;
``(G) beginning not later than school year 2004-2005,
measure the performance of students against the challenging
State content and student academic achievement standards in
each of grades 3 through 8 in, at a minimum, mathematics, and
reading or language arts, except that the Secretary may
provide the State 1 additional year if the State demonstrates
that exceptional or uncontrollable circumstances, such as a
natural disaster or a precipitous and unforeseen decline in
the financial resources of the State, prevented full
implementation of the academic assessments by that deadline
and that it will complete implementation within the
additional 1-year period;
``(H) provide for--
``(i) the participation in such assessments of all
students;
``(ii) the reasonable adaptations and accommodations for
students with disabilities defined under 602(3) of the
Individuals with Disabilities Education Act (20 U.S.C.
1401(3)) necessary to measure the achievement of such
students relative to State content and State student academic
achievement standards;
``(iii) the inclusion of limited English proficient
students who shall be assessed, to the extent practicable, in
the language and form most likely to yield accurate and
reliable information on what such students know and can do in
content areas;
``(iv) notwithstanding clause (iii), the academic
assessment (using tests written in English) of reading or
language arts of any student who has attended school in the
United States (not including Puerto Rico) for 3 or more
consecutive school years, except if the local educational
agency determines, on a case-by-case individual basis, that
academic assessments in another language and form would
likely yield more accurate and reliable information on what
such students know and can do, the local educational agency
may assess such students in the appropriate language other
than English for 1 additional year;
``(I) include students who have attended schools in a local
educational agency for a full academic year but have not
attended a single school for a full academic year, except
that the performance of students who have attended more than
1 school in the local educational agency in any academic year
shall be used only in determining the progress of the local
educational agency;
``(J) produce individual student reports to be provided to
parents, which include academic assessment scores, or other
information on the attainment of student academic achievement
standards; and
``(K) enable results to be disaggregated within each State,
local educational agency, and school by gender, by each major
racial and ethnic group, by English proficiency status, by
migrant status, by students with disabilities as compared to
nondisabled students, and by economically disadvantaged
students as compared to students who are not economically
disadvantaged.
``(5) Special rule.--Academic assessment measures in
addition to those in paragraph (4) that do not meet the
requirements of such paragraph may be included as additional
measures, but may not be used in lieu of the academic
assessments required in paragraph (4). Results on any
additional measures under this paragraph shall not change
which schools or local educational agencies would otherwise
be subject to improvement or corrective action under section
1116 if the additional measures were not included.
``(6) Language assessments.--Each State plan shall identify
the languages other than English that are present in the
participating student population and indicate the languages
for which yearly student academic assessments are not
available and are needed. The State shall make every effort
to develop such assessments and may request assistance from
the Secretary if linguistically accessible academic
assessment measures are needed. Upon request, the Secretary
shall assist with the identification of appropriate academic
assessment measures in the needed languages, but shall not
mandate a specific academic assessment or mode of
instruction.
``(7) Academic assessments of english language
proficiency.--Each State plan shall demonstrate that local
educational agencies in the State will, beginning no later
than school year 2002-2003, annually assess the English
proficiency of all students with limited English proficiency
in their schools.
``(8) Requirement.--Each State plan shall describe--
``(A) how the State educational agency will assist each
local educational agency and school affected by the State
plan to develop the capacity to comply with each of the
requirements of sections 1112(c)(1)(D), 1114(c), and 1115(c)
that is applicable to such agency or school;
``(B) how the State educational agency will assist each
local educational agency and school affected by the State
plan to provide additional educational assistance to
individual students assessed as needing help to achieve the
State's challenging academic standards.
``(C) such other factors as the State considers appropriate
to provide students an opportunity to achieve the knowledge
and skills described in the challenging academic content
standards adopted by the State.
``(9) Use of academic assessment results to improve student
achievement.--Each State plan shall describe how the State
will ensure that the results of the State assessments
described in paragraph (4)--
``(A) will be provided promptly, but not later than the end
of the school year (consistent with 1116, to local
educational agencies, schools, and teachers in a manner that
is clear and easy to understand; and
``(B) be used by those local educational agencies, schools,
and teachers to improve the educational achievement of
individual students.
``(10) Technical assistance on academic assessment
requirements.--The Secretary shall provide technical
assistance to interested States regarding how to meet the
requirements of paragraph (4).
``(c) Other Provisions To Support Teaching and Learning.--
Each State plan shall contain assurances that--
``(1) the State shall produce, beginning with the 2003-2004
school year, the annual State report cards described in
subsection (h)(1);
``(2) the State will participate, beginning in school year
2002-2003, in annual academic assessments of 4th and 8th
grade reading and mathematics under--
``(A) the State National Assessment of Educational Progress
carried out under section 411(b)(2) of the National Education
Statistics Act of 1994 (20 U.S.C. 9010(b)(2)); or
[[Page H2425]]
``(B) another academic assessment selected by the State
which meets the criteria of section 7101(b)(1)(B)(ii) of this
Act;
``(3) the State educational agency shall work with other
agencies, including educational service agencies or other
local consortia, and institutions to provide technical
assistance to local educational agencies and schools to carry
out the State educational agency's responsibilities under
this part, including technical assistance in providing
professional development under section 1119A and technical
assistance under section 1117; and
``(4)(A) where educational service agencies exist, the
State educational agency shall consider providing
professional development and technical assistance through
such agencies; and
``(B) where educational service agencies do not exist, the
State educational agency shall consider providing
professional development and technical assistance through
other cooperative agreements such as through a consortium of
local educational agencies;
``(5) the State educational agency shall notify local
educational agencies and the public of the content and
student academic achievement standards and academic
assessments developed under this section, and of the
authority to operate schoolwide programs, and will fulfill
the State educational agency's responsibilities regarding
local educational agency improvement and school improvement
under section 1116, including such corrective actions as are
necessary;
``(6) the State educational agency shall provide the least
restrictive and burdensome regulations for local educational
agencies and individual schools participating in a program
assisted under this part;
``(7) the State educational agency shall inform the
Secretary and the public of how Federal laws, if at all,
hinder the ability of States to hold local educational
agencies and schools accountable for student academic
performance;
``(8) the State educational agency will encourage schools
to consolidate funds from other Federal, State, and local
sources for schoolwide reform in schoolwide programs under
section 1114;
``(9) the State educational agency shall modify or
eliminate State fiscal and accounting barriers so that
schools can easily consolidate funds from other Federal,
State, and local sources for schoolwide programs under
section 1114;
``(10) the State educational agency has involved the
committee of practitioners established under section 1603(b)
in developing the plan and monitoring its implementation;
``(11) the State educational agency shall inform local
educational agencies of the local educational agency's
authority to transfer funds under title VII, to obtain
waivers under title VIII and, if the State is an Ed-Flex
Partnership State, to obtain waivers under the Education
Flexibility Partnership Act of 1999 (20 U.S.C. 5891a et
seq.); and
``(12) the State educational agency shall encourage local
educational agencies and individual schools participating in
a program assisted under this part to offer family literacy
services (using funds under this part), if the agency or
school determines that a substantial number of students
served under this part by the agency or school have parents
who do not have a high school diploma or its recognized
equivalent or who have low levels of literacy.
``(d) Peer Review and Secretarial Approval.--The Secretary
shall--
``(1) establish a peer review process to assist in the
review of State plans;
``(2) approve a State plan within 120 days of its
submission unless the Secretary determines that the plan does
not meet the requirements of this section;
``(3) if the Secretary determines that the State plan does
not meet the requirements of subsection (a), (b), or (c),
immediately notify the State of such determination and the
reasons for such determination;
``(4) not decline to approve a State's plan before--
``(A) offering the State an opportunity to revise its plan;
``(B) providing technical assistance in order to assist the
State to meet the requirements under subsections (a), (b),
and (c); and
``(C) providing a hearing; and
``(5) have the authority to disapprove a State plan for not
meeting the requirements of this part, but shall not have the
authority to require a State, as a condition of approval of
the State plan, to include in, or delete from, such plan 1 or
more specific elements of the State's academic content
standards or to use specific academic assessment instruments
or items.
``(e) Duration of the Plan.--
``(1) In general.--Each State plan shall--
``(A) be submitted for the first year for which this part
is in effect after the date of the enactment of the No Child
Left Behind Act of 2001;
``(B) remain in effect for the duration of the State's
participation under this part; and
``(C) be periodically reviewed and revised by the State, as
necessary, to reflect changes in the State's strategies and
programs under this part.
``(2) Additional information.--If the State makes
significant changes in its plan, such as the adoption of new
or revised State academic content standards and State student
achievement standards, new academic assessments, or a new
definition of adequate yearly progress, the State shall
submit such information to the Secretary.
``(f) Limitation on Conditions.--Officers and employees of
the Federal Government are prohibited from mandating,
directing, or controlling a State, local educational agency,
or school's specific instructional content or student
academic achievement standards and academic assessments,
curriculum, or program of instruction, as a condition of
eligibility to receive funds under this part.
``(g) Penalties.--
``(1) Failure to meet deadlines enacted in 1994.--
``(A) In general.--If a State fails to meet the deadlines
established by the Improving America's Schools Act of 1994
(or under any waiver granted by the Secretary or under any
compliance agreement with the Secretary) for demonstrating
that it has in place challenging academic content standards
and student achievement standards, and a system for measuring
and monitoring adequate yearly progress, the Secretary shall
withhold 25 percent of the funds that would otherwise be
available for State administration and activities in each
year until the Secretary determines that the State meets
those requirements;
``(B) No extension.--The Secretary shall not grant any
additional waivers of, or enter into any additional
compliance agreements to extend, the deadlines described in
subparagraph (A) for any State.
``(2) Failure to meet requirements enacted in 2001.--If a
State fails to meet any of the requirements of this section,
other than the requirements described in paragraph (1), the
Secretary may withhold funds for State administration until
the Secretary determines that the State has fulfilled those
requirements.
``(h) Reports.--
``(1) Annual state report card.--
``(A) In general.--Not later than the beginning of the
2003-2004 school year, a State that receives assistance under
this Act shall prepare and disseminate an annual State report
card.
``(B) Implementation.--The State report card shall be--
``(i) concise; and
``(ii) presented in a format and manner that parents can
understand, and which, to the extent practicable, shall be in
a language the parents can understand.
``(C) Public dissemination.--The State shall widely
disseminate the information described in subparagraph (D) to
all schools and local educational agencies in the State and
make the information broadly available through public means,
such as posting on the Internet, distribution to the media,
and distribution through public agencies.
``(D) Required information.--The State shall include in its
annual State report card--
``(i) information, in the aggregate, on student achievement
at each proficiency level on the State academic assessments
described in subsection (b)(4)(F) (disaggregated by race,
ethnicity, gender, disability status, migrant status, English
proficiency, and status as economically disadvantaged, except
that such disaggregation shall not be required in a case in
which the number of students in a category is insufficient to
yield statistically reliable information or the results would
reveal individually identifiable information about an
individual student);
``(ii) the percentage of students not tested (disaggregated
by the same categories and subject to the same exception
described in clause (i));
``(iii) the percentage of students who graduate from high
school within 4 years of starting high school;
``(iv) the percentage of students who take and complete
advanced placement courses as compared to the population of
the students eligible to take such courses, and the rate of
passing of advanced placement tests;
``(v) the professional qualifications of teachers in the
aggregate, including the percentage of teachers teaching with
emergency or provisional qualifications, and the percentage
of class sections not taught by fully qualified teachers; and
``(vi) such other information (such as dropout and school
attendance rates; and average class size by grade level) as
the State believes will best provide parents, students, and
other members of the public with information on the progress
of each of the State's public schools.
``(2) Content of local educational agency report cards.--
``(A) Minimum requirements.--The State shall ensure that
each local educational agency collects appropriate data and
includes in its annual report for each of its schools, at a
minimum--
``(i) the information described in paragraph (1)(D) for
each local educational agency and school; and
``(ii)(I) in the case of a local educational agency--
``(aa) the number and percentage of schools identified for
school improvement and how long they have been so identified,
including schools identified under section 1116(c) of this
Act; and
``(bb) information that shows how students in its schools
perform on the statewide academic assessment compared to
students in the State as a whole; and
``(II) in the case of a school--
``(aa) whether it has been identified for school
improvement; and
``(bb) information that shows how its students performed on
the statewide academic assessment compared to students in the
local educational agency and the State as a whole.
``(B) Other information.--A local educational agency may
include in its annual reports any other appropriate
information whether or not such information is included in
the annual State report.
``(C) Public dissemination.--The local educational agency
shall, not later than the beginning of the 2003-2004 school
year, publicly disseminate the information described in this
paragraph to all schools in the district and to all parents
of students attending those schools (to the extent
practicable, in a language they can understand), and make the
information broadly available through public means, such as
posting on the Internet, distribution to the media, and
distribution through public agencies.
``(3) Pre-existing report cards.--A State or local
educational agency that was providing public report cards on
the performance of students, schools, local educational
agencies, or the
[[Page H2426]]
State prior to the enactment of the No Child Left Behind Act
of 2001 may use those reports for the purpose of this
subsection, so long as any such report is modified, as may be
needed, to contain the information required by this
subsection.
``(4) Annual state report to the secretary.--Each State
receiving assistance under this Act shall report annually to
the Secretary, and make widely available within the State--
``(A) beginning with school year 2001-2002, information on
the State's progress in developing and implementing the
academic assessment system described in subsection (b)(4);
``(B) beginning not later than school year 2004-2005,
information on the achievement of students on the academic
assessments required by that subsection, including the
disaggregated results for the categories of students
identified in subsection (b)(2)(C)(iii)(II);
``(C) beginning not later than school year 2002-2003,
information on the acquisition of English proficiency by
children with limited English proficiency; and
``(D) in any year before the State begins to provide the
information described in subparagraph (B), information on the
results of student academic assessments (including
disaggregated results) required under this section.
``(5) Parents right-to-know.--
``(A) Qualifications.--At the beginning of each school
year, a local educational agency that receives funds under
this part shall notify the parents of each student attending
any school receiving funds under this part that they may
request, and shall provide the parents upon request (and in a
timely manner), information regarding the professional
qualifications of the student's classroom teachers,
including, at a minimum, the following:
``(i) Whether the teacher has met State qualification and
licensing criteria for the grade levels and subject areas in
which the teacher provides instruction.
``(ii) Whether the teacher is teaching under emergency or
other provisional status through which State qualification or
licensing criteria have been waived.
``(iii) The baccalaureate degree major of the teacher and
any other graduate certification or degree held by the
teacher, and the field of discipline of the certification or
degree.
``(iv) Whether the child is provided services by
paraprofessionals and if so, their qualifications.
``(B) Additional information.--In addition to the
information which parents may request under subparagraph (A),
a school which receives funds under this part shall provide
to each individual parent--
``(i) information on the level of performance of the
individual student for whom they are the parent in each of
the State academic assessments as required under this part;
and
``(ii) timely notice that the student for whom they are the
parent has been assigned, or has been taught for 4 or more
consecutive weeks by, a teacher who is not fully qualified.
``(C) Format.--The notice and information provided to
parents under this paragraph shall be in an understandable
and uniform format and, to the extent practicable, provided
in a language that the parents can understand.
``(6) Plan content.--A State shall include in its plan
under subsection (b) an assurance that it has in effect a
policy that meets the requirements of this section.
``(i) Privacy.--Information collected under this section
shall be collected and disseminated in a manner that protects
the privacy of individuals.
``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
``(a) Plans Required.--
``(1) Subgrants.--A local educational agency may receive a
subgrant under this part for any fiscal year only if such
agency has on file with the State educational agency a plan,
approved by the State educational agency, that is coordinated
with other programs under this Act, the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.), the Carl
D. Perkins Vocational and Technical Education Act of 1998 (20
U.S.C. 2301 et seq.), the Head Start Act (42 U.S.C. 9831 et
seq.), the McKinney-Vento Homeless Assistance Act, and other
Acts, as appropriate.
``(2) Consolidated application.--The plan may be submitted
as part of a consolidated application under section 8305.
``(b) Plan Provisions.--In order to help low achieving
children achieve high academic standards, each local
educational agency plan shall include--
``(1) a description of additional high-quality student
academic assessments, if any, other than the academic
assessments described in the State plan under section 1111,
that the local educational agency and schools served under
this part will use to--
``(A) determine the success of children served under this
part in meeting the State's student academic achievement
standards and provide information to teachers, parents, and
students on the progress being made toward meeting the State
student academic achievement standards described in section
1111(b)(1)(D)(ii);
``(B) assist in diagnosis, teaching, and learning in the
classroom in ways that best enable low-achieving children
served under this title to meet State academic standards and
do well in the local curriculum; and
``(C) determine what revisions are needed to projects under
this title so that such children meet the State's student
academic achievement standards;
``(2) at the local educational agency's discretion, a
description of any other indicators that will be used in
addition to the academic assessments described in paragraph
(1) for the uses described in such paragraph, except that
results on any discretionary indicators shall not change
which schools would otherwise be subject to improvement of
corrective action under section 1118 if the additional
measures are not included;
``(3) a description of how the local educational agency
will provide additional educational assistance to individual
students assessed as needing help to achieve the State's
challenging academic standards;
``(4) a description of the strategy the local educational
agency will use to provide professional development for
teachers, and, if appropriate, pupil services personnel,
administrators, parents and other staff, including local
educational agency level staff in accordance with section
1119A;
``(5) a description of how the local educational agency
will coordinate and integrate services provided under this
part with other educational services at the local educational
agency or individual school level, such as--
``(A) Even Start, Head Start, Reading First, Early Reading
First, and other preschool programs, including plans for the
transition of participants in such programs to local
elementary school programs; and
``(B) services for children with limited English
proficiency or with disabilities, migratory children served
under part C, neglected or delinquent youth, Indian children
served under part B of title III, homeless children, and
immigrant children in order to increase program
effectiveness, eliminate duplication, and reduce
fragmentation of the instructional program;
``(6) an assurance that the local educational agency will
participate, if selected, in the State National Assessment of
Educational Progress in 4th and 8th grade reading and
mathematics carried out under section 411(b)(2) of the
Education Statistics Act of 1994 (20 U.S.C. 9010(b)(2)), or
in another academic assessment pursuant to the State decision
under section 7101(b)(1)(B)(ii);
``(7) a description of the poverty criteria that will be
used to select school attendance areas under section 1113;
``(8) a description of how teachers, in consultation with
parents, administrators, and pupil services personnel, in
targeted assistance schools under section 1115, will identify
the eligible children most in need of services under this
part;
``(9) a general description of the nature of the programs
to be conducted by such agency's schools under sections 1114
and 1115 and, where appropriate, educational services outside
such schools for children living in local institutions for
neglected or delinquent children, for neglected and
delinquent children in community day school programs, and for
homeless children;
``(10) a description of how the local educational agency
will ensure that migratory children and formerly migratory
children who are eligible to receive services under this part
are selected to receive such services on the same basis as
other children who are selected to receive services under
this part;
``(11) if appropriate, a description of how the local
educational agency will use funds under this part to support
preschool programs for children, particularly children
participating in Early Reading First, or in a Head Start or
Even Start program, which services may be provided directly
by the local educational agency or through a subcontract with
the local Head Start agency designated by the Secretary of
Health and Human Services under section 641 of the Head Start
Act (42 U.S.C. 9836), agencies operating Even Start programs,
Early Reading First, or another comparable public early
childhood development program;
``(12) a description of the actions the local educational
agency will take to assist its low-performing schools,
including schools identified under section 1116 as in need of
improvement;
``(13) a description of the actions the local educational
agency will take to implement public school choice,
consistent with the requirements of section 1116;
``(14) a description how the local educational agency will
meet the requirements of section 1119(b)(1); and
``(15) a description of the services the local educational
agency will provide homeless children, including services
provided with funds reserved under section 1113(f)(3)(A).
``(c) Assurances.--
``(1) In general.--Each local educational agency plan shall
provide assurances that the local educational agency will--
``(A) inform eligible schools and parents of schoolwide
program authority and the ability of such schools to
consolidate funds from Federal, State, and local sources;
``(B) provide technical assistance and support to
schoolwide programs;
``(C) work in consultation with schools as the schools
develop the schools' plans pursuant to section 1114 and
assist schools as the schools implement such plans or
undertake activities pursuant to section 1115 so that each
school can make adequate yearly progress toward meeting the
State student academic achievement standards;
``(D) fulfill such agency's school improvement
responsibilities under section 1116, including taking
corrective actions under paragraphs (6) and (7) of section
1116(b);
``(E) provide services to eligible children attending
private elementary and secondary schools in accordance with
section 1120, and timely and meaningful consultation with
private school officials regarding such services;
``(F) take into account the experience of model programs
for the educationally disadvantaged, and the findings of
relevant scientifically based research indicating that
services may be most effective if focused on students in the
earliest grades at schools that receive funds under this
part;
``(G) in the case of a local educational agency that
chooses to use funds under this part to provide early
childhood development services to
[[Page H2427]]
low-income children below the age of compulsory school
attendance, ensure that such services comply with the
academic achievement standards established under section
641A(a) of the Head Start Act (42 U.S.C. 9836a(a));
``(H) comply with the requirements of section 1119
regarding the qualifications of teachers and
paraprofessionals;
``(I) inform eligible schools of the local educational
agency's authority to obtain waivers on the school's behalf
under title VIII of this Act, and if the State is an Ed-Flex
Partnership State, to obtain waivers under the Education
Flexibility Partnership Act of 1999; and
``(J) coordinate and collaborate, to the extent feasible
and necessary as determined by the local educational agency,
with other agencies providing services to children, youth,
and families.
``(2) Special rule.--In carrying out subparagraph (G) of
paragraph (1), the Secretary--
``(A) shall consult with the Secretary of Health and Human
Services on the implementation of such subparagraph and shall
establish procedures (taking into consideration existing
State and local laws, and local teacher contracts) to assist
local educational agencies to comply with such subparagraph;
and
``(B) shall disseminate to local educational agencies the
Head Start academic achievement standards as in effect under
section 641A(a) of the Head Start Act (42 U.S.C. 9836a(a)),
and such agencies affected by such subparagraph shall plan
for the implementation of such subparagraph (taking into
consideration existing State and local laws, and local
teacher contracts), including pursuing the availability of
other Federal, State, and local funding sources to assist in
compliance with such subparagraph.
``(3) Inapplicability.--The provisions of this subsection
shall not apply to preschool programs using the Even Start
model or to Even Start programs which are expanded through
the use of funds under this part.
``(d) Plan Development and Duration.--
``(1) Consultation.--Each local educational agency plan
shall be developed in consultation with teachers, principals,
administrators (including administrators of programs
described in other parts of this title), and other
appropriate school personnel, and with parents of children in
schools served under this part.
``(2) Duration.--Each such plan shall be submitted for the
first year for which this part is in effect following the
date of the enactment of the No Child Left Behind Act of 2001
and shall remain in effect for the duration of the agency's
participation under this part.
``(3) Review.--Each local educational agency shall
periodically review, and as necessary, revise its plan.
``(e) State Approval.--
``(1) In general.--Each local educational agency plan shall
be filed according to a schedule established by the State
educational agency.
``(2) Approval.--The State educational agency shall approve
a local educational agency's plan only if the State
educational agency determines that the local educational
agency's plan--
``(A) enables schools served under this part to
substantially help children served under this part meet the
academic standards expected of all children described in
section 1111(b)(1); and
``(B) meets the requirements of this section.
``(f) Program Responsibility.--The local educational agency
plan shall reflect the shared responsibility of schools,
teachers, and the local educational agency in making
decisions regarding activities under sections 1114 and 1115.
``(g) Parental Notification and Consent for English
Language Instruction.--
``(1) Notification.--If a local educational agency uses
funds under this part to provide English language instruction
to limited English proficient children, the agency shall
inform a parent or the parents of a child participating in an
English language instruction program for limited English
proficient children assisted under this part of--
``(A) the reasons for the identification of the child as
being in need of English language instruction;
``(B) the child's level of English proficiency, how such
level was assessed, and the status of the child's academic
achievement;
``(C) how the English language instruction program will
specifically help the child acquire English and meet age-
appropriate academic standards for grade promotion and
graduation;
``(D) what the specific exit requirements are for the
program;
``(E) the expected rate of transition from the program into
a classroom that is not tailored for limited English
proficient children; and
``(F) the expected rate of graduation from high school for
students in the program if funds under this part are used for
children in secondary schools.
``(2) Consent.--
``(A) Agency requirements.--
``(i) Informed consent.--For a child who has been
identified as limited English proficient prior to the
beginning of a school year, each local educational agency
that receives funds under this part shall make a reasonable
and substantial effort to obtain informed parental consent
prior to the placement of a child in an English language
instruction program for limited English proficient children
funded under this part if the program does not include
classes which exclusively or almost exclusively use the
English language in instruction.
``(ii) Written consent not obtained.--If written consent is
not obtained, the local educational agency shall maintain a
written record that includes the date and the manner in which
such informed consent was sought, including the specific
efforts made to obtain such consent.
``(iii) Proof of effort.--Notice, in an understandable
form, of specific efforts made to obtain written consent and
a copy of the written record required in clause (ii) shall be
mailed or delivered in writing to a parent, parents, or
guardian of a child prior to placing the child in a program
described in clause (i) and shall include a final request for
parental consent for such services. After such notice has
been mailed or delivered in writing, the local educational
agency shall provide appropriate educational services.
``(iv) Special rule applicable during school year.--For
those children who have not been identified as limited
English proficient prior to the beginning of the school year,
the local educational agency shall make a reasonable and
substantial effort to obtain parental consent under this
clause. For such children, the agency shall document, in
writing, its specific efforts made to obtain such consent
prior to placing the child in a program described in clause
(i). After such documentation has been made, the local
educational agency shall provide appropriate educational
services to such child. The proof of documentation shall be
mailed or delivered in writing to a parent or parents of the
child in a timely manner and shall include information on how
to have their child immediately removed from the program upon
their request. Nothing in this clause shall be construed as
exempting a local educational agency from complying with the
notification requirements of subsection (g)(1) and the
consent requirements of this paragraph.
``(3) Parental rights.--A parent or the parents of a child
participating in an English language instruction program for
limited English proficient children assisted under this part
shall--
``(A) select among methods of instruction, if more than one
method is offered in the program; and
``(B) have the right to have their child immediately
removed from the program upon their request.
``(4) Receipt of information.--A parent or the parents of a
limited English proficient child who is identified for
participation in an English language instruction program for
limited English proficient children assisted under this part
shall receive, in a manner and form understandable to the
parent or parents, the information required by this
subsection. At a minimum, the parent or parents shall
receive--
``(A) timely information about English language instruction
programs for limited English proficient children assisted
under this part;
``(B) if a parent or parents of a participating child so
desires, notice of opportunities for regular meetings for the
purpose of formulating and responding to recommendations from
the parent or parents; and
``(C) procedural information for removing a child from a
program for limited English proficient children.
``(5) Basis for admission or exclusion.--Students shall not
be admitted to, or excluded from, any federally-assisted
education program on the basis of a surname or language-
minority status.
``SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
``(a) Determination.--
``(1) In general.--A local educational agency shall use
funds received under this part only in eligible school
attendance areas.
``(2) Eligible school attendance areas.--For the purposes
of this part--
``(A) the term `school attendance area' means, in relation
to a particular school, the geographical area in which the
children who are normally served by that school reside; and
``(B) the term `eligible school attendance area' means a
school attendance area in which the percentage of children
from low-income families is at least as high as the
percentage of children from low-income families in the local
educational agency as a whole.
``(3) Local educational agency discretion.--
``(A) In general.--Notwithstanding paragraph (2), a local
educational agency may--
``(i) designate as eligible any school attendance area or
school in which at least 35 percent of the children are from
low-income families;
``(ii) use funds received under this part in a school that
is not in an eligible school attendance area, if the
percentage of children from low-income families enrolled in
the school is equal to or greater than the percentage of such
children in a participating school attendance area of such
agency;
``(iii) designate and serve a school attendance area or
school that is not eligible under subsection (b), but that
was eligible and that was served in the preceding fiscal
year, but only for 1 additional fiscal year; and
``(iv) elect not to serve an eligible school attendance
area or eligible school that has a higher percentage of
children from low-income families if--
``(I) the school meets the comparability requirements of
section 1120A(c);
``(II) the school is receiving supplemental funds from
other State or local sources that are spent according to the
requirements of section 1114 or 1115; and
``(III) the funds expended from such other sources equal or
exceed the amount that would be provided under this part.
``(B) Special rule.--Notwithstanding subparagraph (A)(iv),
the number of children attending private elementary and
secondary schools who are to receive services, and the
assistance such children are to receive under this part,
shall be determined without regard to whether the public
school attendance area in which such children reside is
assisted under subparagraph (A).
``(b) Ranking Order.--If funds allocated in accordance with
subsection (f) are insufficient to serve all eligible school
attendance areas, a local educational agency--
``(1) shall annually rank from highest to lowest according
to the percentage of children from low-income families in
each agency's eligible school attendance areas in the
following order--
[[Page H2428]]
``(A) eligible school attendance areas in which the
concentration of children from low-income families exceeds 75
percent; and
``(B) all remaining eligible school attendance areas in
which the concentration of children from low-income families
is 75 percent or lower either by grade span or for the entire
local educational agency;
``(2) shall, within each category listed in paragraph (1),
serve schools in rank order from highest to lowest according
to the ranking assigned under paragraph (1);
``(3) notwithstanding paragraph (2), may give priority,
within each such category and in rank order from highest to
lowest subject to paragraph (4), to eligible school
attendance areas that serve children in elementary schools;
and
``(4) not serve a school described in paragraph (1)(B)
before serving a school described in paragraph (1)(A).
``(c) Low-Income Measures.--In determining the number of
children ages 5 through 17 who are from low-income families,
the local educational agency shall apply the measures
described in paragraphs (1) and (2) of this subsection:
``(1) Allocation to public school attendance areas.--The
local educational agency shall use the same measure of
poverty, which measure shall be the number of children ages 5
through 17 in poverty counted in the most recent census data
approved by the Secretary, the number of children eligible
for free and reduced priced lunches under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
the number of children in families receiving assistance under
the State program funded under part A of title IV of the
Social Security Act, or the number of children eligible to
receive medical assistance under the Medicaid program, or a
composite of such indicators, with respect to all school
attendance areas in the local educational agency--
``(A) to identify eligible school attendance areas;
``(B) to determine the ranking of each area; and
``(C) to determine allocations under subsection (f).
``(2) Allocation for equitable service to private school
students.--
``(A) Calculation.--A local educational agency shall have
the final authority, consistent with section 1120 to
calculate the number of private school children, ages 5
through 17, who are low-income by--
``(i) using the same measure of low-income used to count
public school children;
``(ii) using the results of a survey that, to the extent
possible, protects the identity of families of private school
students and allowing such survey results to be extrapolated
if complete actual data are not available; or
``(iii) applying the low-income percentage of each
participating public school attendance area, determined
pursuant to this section, to the number of private school
children who reside in that attendance area.
``(B) Complaint process.--Any dispute regarding low-income
data on private school students shall be subject to the
complaint process authorized in section 8505.
``(d) Exception.--This section (other than subsections
(a)(3) and (f)) shall not apply to a local educational agency
with a total enrollment of less than 1,500 children.
``(e) Waiver for Desegregation Plans.--The Secretary may
approve a local educational agency's written request for a
waiver of the requirements of subsections (a) and (f), and
permit such agency to treat as eligible, and serve, any
school that children attend under a desegregation plan
ordered by a State or court or approved by the Secretary, or
such a plan that the agency continues to implement after it
has expired, if--
``(1) the number of economically disadvantaged children
enrolled in the school is not less than 25 percent of the
school's total enrollment; and
``(2) the Secretary determines on the basis of a written
request from such agency and in accordance with such criteria
as the Secretary establishes, that approval of that request
would further the purposes of this part.
``(f) Allocations.--
``(1) In general.--A local educational agency shall
allocate funds received under this part to eligible school
attendance areas or eligible schools, identified under
subsection (b) in rank order on the basis of the total number
of children from low-income families in each area or school.
``(2) Special rule.--(A) Except as provided in subparagraph
(B), the per-pupil amount of funds allocated to each school
attendance area or school under paragraph (1) shall be at
least 125 percent of the per-pupil amount of funds a local
educational agency received for that year under the poverty
criteria described by the local educational agency in the
plan submitted under section 1112, except that this paragraph
shall not apply to a local educational agency that only
serves schools in which the percentage of such children is 35
percent or greater.
``(B) A local educational agency may reduce the amount of
funds allocated under subparagraph (A) for a school
attendance area or school by the amount of any supplemental
State and local funds expended in that school attendance area
or school for programs that meet the requirements of section
1114 or 1115.
``(3) Reservation.--A local educational agency shall
reserve such funds as are necessary under this part to
provide services comparable to those provided to children in
schools funded under this part to serve--
``(A) homeless children who do not attend participating
schools, including providing educationally related support
services to children in shelters and other locations where
children may live;
``(B) children in local institutions for neglected
children; and
``(C) if appropriate, children in local institutions for
delinquent children and neglected or delinquent children in
community day school programs.
``(4) School improvement reservation.--In addition to the
funding a local educational agency receives under section
1003(b), a local educational agency may reserve such funds as
are necessary under this part to meet such agency's school
improvement responsibilities under section 1116, including
taking corrective actions under paragraphs (6) and (7) of
section 1116(b).
``(5) Financial incentives and rewards reservation.--A
local educational agency may reserve such funds as are
necessary under this part to provide financial incentives and
rewards to teachers who serve in schools eligible under
subsection (b)(1)(A) and identified for improvement under
section 1116(b)(1) for the purpose of attracting and
retaining qualified and effective teachers.
``SEC. 1114. SCHOOLWIDE PROGRAMS.
``(a) Purpose.--The purpose of a schoolwide program under
this section is--
``(1) to enable a local educational agency to consolidate
funds under this part with other Federal, State, and local
funds, to upgrade the entire educational program in a high
poverty school; and
``(2) to help ensure that all children in such a school
meet challenging State academic standards for student
achievement, particularly those children who are most at-risk
of not meeting those standards.
``(b) Use of Funds for Schoolwide Programs.--
``(1) In general.--A local educational agency may
consolidate funds under this part, together with other
Federal, State, and local funds, in order to upgrade the
entire educational program of a school that serves an
eligible school attendance area in which not less than 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.
``(2) Identification of students not required.--
``(A) In general.--No school participating in a schoolwide
program shall be required to identify particular children
under this part as eligible to participate in a schoolwide
program or to provide supplemental services to such children.
``(B) Supplement funds.--A school participating in a
schoolwide program shall use funds available to carry out
this section only to supplement the amount of funds that
would, in the absence of funds under this part, be made
available from non-Federal sources for the school, including
funds needed to provide services that are required by law for
children with disabilities and children with limited English
proficiency.
``(3) Exemption from statutory and regulatory
requirements.--
``(A) Exemption.--Except as provided in subsection (c), the
Secretary may, through publication of a notice in the Federal
Register, exempt schoolwide programs under this section from
statutory or regulatory provisions of any other
noncompetitive formula grant program administered by the
Secretary (other than formula or discretionary grant programs
under the Individuals with Disabilities Education Act, except
as provided in section 613(a)(2)(D) of such Act), or any
discretionary grant program administered by the Secretary, to
support schoolwide programs if the intent and purposes of
such other programs are met.
``(B) Requirements.--A school that chooses to use funds
from such other programs shall not be relieved of the
requirements relating to health, safety, civil rights,
student and parental participation and involvement, services
to private school children, maintenance of effort, uses of
Federal funds to supplement, not supplant non-Federal funds,
or the distribution of funds to State or local educational
agencies that apply to the receipt of funds from such
programs.
``(C) Records.--A school that consolidates funds from
different Federal programs under this section shall not be
required to maintain separate fiscal accounting records, by
program, that identify the specific activities supported by
those particular funds as long as it maintains records that
demonstrate that the schoolwide program, considered as a
whole addresses the intent and purposes of each of the
Federal programs that were consolidated to support the
schoolwide program.
``(4) Professional development.--Each school receiving
funds under this part for any fiscal year shall devote
sufficient resources to effectively carry out the activities
described in subsection (c)(1)(D) in accordance with section
1119A for such fiscal year, except that a school may enter
into a consortium with another school to carry out such
activities.
``(c) Components of a Schoolwide Program.--
``(1) In general.--A schoolwide program shall include the
following components:
``(A) A comprehensive needs assessment of the entire school
(including taking into account the needs of migratory
children as defined in section 1309(2)) that is based on
information which includes the performance of children in
relation to the State academic content standards and the
State student academic achievement standards described in
section 1111(b)(1).
``(B) Schoolwide reform strategies that--
``(i) provide opportunities for all children to meet the
State's proficient and advanced levels of student achievement
described in section 1111(b)(1)(D);
``(ii) use effective methods and instructional strategies
that are based upon scientifically based research that--
``(I) strengthen the core academic program in the school;
``(II) increase the amount and quality of learning time,
such as providing an extended
[[Page H2429]]
school year and before- and after-school and summer programs
and opportunities, and help provide an enriched and
accelerated curriculum; and
``(III) include strategies for meeting the educational
needs of historically underserved populations;
``(iii)(I) address the needs of all children in the school,
but particularly the needs of low-achieving children and
those at risk of not meeting the State student academic
achievement standards who are members of the target
population of any program that is included in the schoolwide
program; and
``(II) address how the school will determine if such needs
have been met; and
``(iv) are consistent with, and are designed to implement,
the State and local improvement plans, if any.
``(C) Instruction by fully qualified (as defined in section
8101) teachers.
``(D) In accordance with section 1119A and subsection
(b)(4), high quality and ongoing professional development for
teachers and paraprofessionals, and, where appropriate, pupil
services personnel, parents, principals, and other staff to
enable all children in the school to meet the State's student
academic achievement standards.
``(E) Strategies to attract high quality teachers to high
need schools, such as differential pay systems or performance
based pay.
``(F) Strategies to increase parental involvement in
accordance with section 1118, such as family literary
services.
``(G) Plans for assisting preschool children in the
transition from early childhood programs, such as Head Start,
Even Start, Early Reading First, or a State-run preschool
program, to local elementary school programs.
``(H) Measures to include teachers in the decisions
regarding the use of academic assessments described in
section 1111(b)(4) in order to provide information on, and to
improve, the performance of individual students and the
overall instructional program.
``(I) Activities to ensure that students who experience
difficulty mastering the proficient or advanced levels of
academic achievement standards required by section 1111(b)
shall be provided with effective, timely additional
assistance which shall include measures to ensure that
students' difficulties are identified on a timely basis and
to provide sufficient information on which to base effective
assistance.
``(2) Plan.--Any eligible school that desires to operate a
schoolwide program shall first develop (or amend a plan for
such a program that was in existence on the day before the
effective date of the No Child Left Behind Act of 2001), a
comprehensive plan for reforming the total instructional
program in the school that--
``(A) incorporates the components described in paragraph
(1);
``(B) describes how the school will use resources under
this part and from other sources to implement those
components; and
``(C) includes a list of State and local educational agency
programs and other Federal programs under subsection (b)(3)
that will be consolidated in the schoolwide program.
``(3) Plan development.--The comprehensive plan shall be--
``(A) developed during a 1-year period, unless--
``(i) the local educational agency determines that less
time is needed to develop and implement the schoolwide
program; or
``(ii) the school operated a schoolwide program on the day
preceding the effective date of the No Child Left Behind Act
of 2001, in which case such school may continue to operate
such program, but shall develop amendments to its existing
plan during the first year of assistance after that date to
reflect the provisions of this section;
``(B) developed with the involvement of parents and other
members of the community to be served and individuals who
will carry out such plan, including teachers, principals, and
administrators (including administrators of programs
described in other parts of this title), and, if appropriate,
pupil services personnel, technical assistance providers,
school staff, and, if the plan relates to a secondary school,
students from such school;
``(C) in effect for the duration of the school's
participation under this part and reviewed and revised, as
necessary, by the school;
``(D) available to the local educational agency, parents,
and the public, and the information contained in such plan
shall be provided in a format, and to the extent practicable,
in a language that they can understand; and
``(E) if appropriate, developed in coordination with
programs under Reading First, Early Reading First, Even
Start, Carl D. Perkins Vocational and Technical Education Act
of 1998, and the Head Start Act.
``(d) Accountability.--A schoolwide program under this
section shall be subject to the school improvement provisions
of section 1116.
``(e) Prekindergarten Program.--A school that is eligible
for a schoolwide program under this section may use funds
made available under this title to establish or enhance
prekindergarten programs for 3-, 4-, and 5-year-old children,
such as Even Start programs or Early Reading First programs.
``SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
``(a) In General.--In all schools selected to receive funds
under section 1113(f) that are ineligible for a schoolwide
program under section 1114, or that choose not to operate
such a schoolwide program, a local educational agency may use
funds received under this part only for programs that provide
services to eligible children under subsection (b) identified
as having the greatest need for special assistance.
``(b) Eligible Children.--
``(1) Eligible population.--(A) The eligible population for
services under this section is--
``(i) children not older than age 21 who are entitled to a
free public education through grade 12; and
``(ii) children who are not yet at a grade level at which
the local educational agency provides a free public
education.
``(B) From the population described in subparagraph (A),
eligible children are children identified by the school as
failing, or most at risk of failing, to meet the State's
challenging student academic achievement standards on the
basis of academic assessments under this part, and, as
appropriate, on the basis of multiple, educationally related,
objective criteria established by the local educational
agency and supplemented by the school, except that children
from preschool through grade 2 may be selected solely on the
basis of such criteria as teacher judgment, interviews with
parents, and other appropriate measures.
``(2) Children included.--(A)(i) Children with
disabilities, migrant children, and children with limited
English proficiency are eligible for services under this part
on the same basis as other children.
``(ii) Funds received under this part may not be used to
provide services that are otherwise required by law to be
made available to such children but may be used to coordinate
or supplement such services.
``(B) A child who, at any time in the 2 years preceding the
year for which the determination is made, participated in a
Head Start, Even Start, or Early Reading First program, or in
preschool services under this title, is eligible for services
under this part.
``(C)(i) A child who, at any time in the 2 years preceding
the year for which the determination is made, received
services under part C is eligible for services under this
part.
``(ii) A child in a local institution for neglected or
delinquent children or attending a community day program for
such children is eligible for services under this part.
``(D) A child who is homeless and attending any school in
the local educational agency is eligible for services under
this part.
``(c) Components of a Targeted Assistance School Program.--
``(1) In general.--To assist targeted assistance schools
and local educational agencies to meet their responsibility
to provide for all their students served under this title the
opportunity to meet the State's challenging student academic
achievement standards in subjects as determined by the State,
each targeted assistance program under this section shall--
``(A) use such program's resources under this part to help
participating children meet such State's challenging student
academic achievement standards expected for all children;
``(B) ensure that planning for students served under this
part is incorporated into existing school planning;
``(C) use effective methods and instructional strategies
that are based upon scientifically based research that
strengthens the core academic program of the school and
that--
``(i) give primary consideration to providing extended
learning time such as an extended school year, before- and
after-school, and summer programs and opportunities;
``(ii) help provide an accelerated, high-quality
curriculum, including applied learning; and
``(iii) minimize removing children from the regular
classroom during regular school hours for instruction
provided under this part;
``(D) coordinate with and support the regular education
program, which may include services to assist preschool
children in the transition from early childhood programs such
as Head Start, Even Start, Early Reading First or State-run
preschool programs to elementary school programs;
``(E) provide instruction by fully qualified teachers as
defined in section 8101;
``(F) in accordance with subsection (e)(3) and section
1119A, provide opportunities for professional development
with resources provided under this part, and, to the extent
practicable, from other sources, for teachers, principals,
and administrators and other school staff, including, if
appropriate, pupil services personnel, who work with
participating children in programs under this section or in
the regular education program; and
``(G) provide strategies to increase parental involvement
in accordance with section 1118, such as family literacy
services.
``(2) Requirements.--Each school conducting a program under
this section shall assist participating children selected in
accordance with subsection (b) to meet the State's proficient
and advanced levels of achievement by--
``(A) the coordination of resources provided under this
part with other resources; and
``(B) reviewing, on an ongoing basis, the progress of
participating children and revising the targeted assistance
program, if necessary, to provide additional assistance to
enable such children to meet the State's challenging student
academic achievement standards, such as an extended school
year, before- and after-school, and summer programs and
opportunities, training for teachers regarding how to
identify students that require additional assistance, and
training for teachers regarding how to implement student
academic achievement standards in the classroom.
``(d) Integration of Professional Development.--To promote
the integration of staff supported with funds under this
part, public school personnel who are paid with funds
received under this part may participate in general
professional development and school planning activities.
``(e) Special Rules.--
``(1) Simultaneous service.--Nothing in this section shall
be construed to prohibit a school from serving students
served under this section simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
[[Page H2430]]
``(2) Comprehensive services.--If medical, nutrition, and
other social services are not otherwise available to eligible
children in a targeted assistance school and such school, if
appropriate, has engaged in a comprehensive needs assessment
and established a collaborative partnership with local
service providers, and if funds are not reasonably available
from other public or private sources to provide such
services, then a portion of the funds provided under this
part may be used as a last resort to provide such services,
including--
``(A) the provision of basic medical equipment, such as
eyeglasses and hearing aids; and
``(B) professional development necessary to assist
teachers, pupil services personnel, other staff, and parents
in identifying and meeting the comprehensive needs of
eligible children.
``(3) Professional development.--Each school receiving
funds under this part for any fiscal year shall devote
sufficient resources to carry out effectively the
professional development activities described in subparagraph
(F) of subsection (c)(1) in accordance with section 1119A for
such fiscal year, except that a school may enter into a
consortium with another school to carry out such
activities.''.
SEC. 105. SCHOOL CHOICE.
Section 1115A is amended to read as follows:
``SEC. 1115A. SCHOOL CHOICE.
``(a) Choice Programs.--A local educational agency may use
funds under this part, in combination with State, local, and
private funds, to develop and implement public school choice
programs, for children eligible for assistance under this
part, which permit parents to select the public school that
their child will attend.
``(b) Choice Plan.--A local educational agency that chooses
to implement a public school choice program shall first
develop a plan that includes a description of how the local
educational agency will use resources under this part and
from other resources to implement the plan, and assurances
that--
``(1) all eligible students across grade levels served
under this part will have equal access to the program;
``(2) the plan will be developed with the involvement of
parents and others in the community to be served and
individuals who will carry out the plan, including
administrators, teachers, principals, and other staff;
``(3) parents of eligible students in the local educational
agency will be given prompt notice of the existence of the
public school choice program and its availability to them,
and a clear explanation of how the program will operate;
``(4) the program will include charter schools and any
other public school and shall not include a school that is or
has been identified as a school in school improvement or is
or has been in corrective action for the past 2 consecutive
years; and
``(5) such local educational agency will comply with the
other requirements of this part.
``(c) Transportation.--Transportation services or the costs
of transportation may be provided by the local educational
agency, except that such agency may not use more than a total
of 15 percent of its allocation under this part for such
purposes.''.
SEC. 106. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY
AND SCHOOL IMPROVEMENT.
The section heading and subsections (a) through (d) of
section 1116 are amended to read as follows:
``SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY
AND SCHOOL IMPROVEMENT.
``(a) Local Review.--Each local educational agency
receiving funds under this part shall--
``(1) use the State academic assessments described in the
State plan to review annually the progress of each school
served under this part to determine whether the school is
making adequate yearly progress as defined in section
1111(b)(2)(B);
``(2) publicize and disseminate to teachers and other
staff, parents, students, and the community, the results of
the annual review under paragraph (2);
``(3) review the effectiveness of the actions and
activities the schools are carrying out under this part with
respect to parental involvement assisted under this Act.
``(b) School Improvement.--
``(1) In general.--
``(A) Identification.--A local educational agency shall
identify for school improvement any elementary or secondary
school served under this part that--
``(i) fails, for any year, to make adequate yearly progress
as defined in the State's plan under section 1111(b)(2); or
``(ii) was in school improvement status under this section
immediately before the effective date of the No Child Left
Behind Act of 2001.
``(B) Deadline.--The identification described in
subparagraph (A) shall take place not later than the first
day of the school year following such failure to make
adequate yearly progress.
``(C) Application.--This paragraph does not apply to a
school if almost every student in the school is meeting the
State's advanced level of performance.
``(D) Review.--To determine if an elementary school or a
secondary school that is conducting a targeted assistance
program under section 1115 should be identified for school
improvement under this subsection, a local educational agency
may choose to review the progress of only the students in the
school who are served, or are eligible for services, under
this part.
``(E) Public school choice.--In the case of a school
identified for school improvement under subparagraph (A), the
local educational agency shall, not later than the first day
of the school year following identification, provide all
students enrolled in the school with the option to transfer
to another public school within the local educational agency,
including a public charter school, that has not been
identified for school improvement under subparagraph (A),
unless such an option is prohibited by State law.
``(F) Transfer.--Students who use the option to transfer
under subparagraph (E) shall be enrolled in classes and other
activities in the public school to which they transfer in the
same manner as all other children at the public school.
``(2) Opportunity to review and present evidence; time
limit.--
``(A) Before identifying an elementary school or a
secondary school for school improvement under paragraph (1),
for corrective action under paragraph (6), or for
restructuring under paragraph (7), the local educational
agency shall provide the school with an opportunity to review
the school-level data, including academic assessment data, on
which the proposed identification is based.
``(B) Evidence.--If the principal of a school proposed for
identification under paragraph (1), (6), or (7) believes, or
a majority of the parents of the students enrolled in such
school believe, that the proposed identification is in error
for statistical or other substantive reasons, the principal
may provide supporting evidence to the local educational
agency, which shall consider that evidence before making a
final determination.
``(C) Final determination.--Not later than 30 days after a
local educational agency provides the school with the
opportunity to review such school level data, the local
educational agency shall make public a final determination on
the status of the school.
``(3) School plan.--
``(A) Revised plan.--After the resolution of a review under
paragraph (2), each school identified under paragraph (1) for
school improvement shall, not later than 3 months after being
so identified, develop or revise a school plan, in
consultation with parents, school staff, the local
educational agency serving the school, the local school
board, and other outside experts, for approval by such local
educational agency. The school plan shall cover a 2-year
period and--
``(i) incorporate scientifically based research strategies
that strengthen the core academic subjects in the school and
address the specific academic issues that caused the school
to be identified for school improvement;
``(ii) adopt policies and practices concerning the school's
core academic subjects that have the greatest likelihood of
ensuring that all groups of students specified in section
1111(b)(2)(C)(iii)(I) and (II) and enrolled in the school
will meet the State's proficient level of achievement on the
State academic assessment described in section 1111(b)(4) not
later than 10 years after the date of enactment of the No
Child Left Behind Act of 2001;
``(iii) provide an assurance that the school shall reserve
not less than 10 percent of the funds made available to the
school under this part for each fiscal year that the school
is in school improvement status, for the purpose of providing
to the school's teachers and principal high-quality
professional development that--
``(I) directly addresses the academic performance problem
that caused the school to be identified for school
improvement;
``(II) meets the requirements for professional development
activities under section 1119A; and
``(III) is provided in a manner that affords greater
opportunity for participating in such professional
development;
``(iv) specify how the funds described in clause (iii) will
be used to remove the school from school improvement status;
``(v) establish specific annual, measurable goals for
continuous and significant progress by each group of students
specified in section 1111(b)(2)(C)(iii)(I) and (II) and
enrolled in the school that will ensure that all such groups
of students shall meet the State's proficient level of
achievement on the State academic assessment described in
section 1111(b)(4) not later than 10 years after the date of
enactment of the No Child Left Behind Act of 2001;
``(vi) identify how the school will provide written
notification about the identification to parents of each
student enrolled in such school, in a format and, to the
extent practicable, in a language the parents can understand;
``(vii) specify the responsibilities of the school, the
local educational agency, and the State educational agency
serving the school under the plan, including the technical
assistance to be provided by the local educational agency
under paragraph (4); and
``(viii) incorporate, as appropriate, extended learning
time for students, such as before school, after school,
during the summer and extension of the school year.
``(B) Conditional approval.--The local educational agency
may condition approval of a school plan on--
``(i) inclusion of 1 or more of the corrective actions
specified in paragraph (6)(D)(ii); or
``(ii) feedback on the school improvement plan from parents
and community leaders.
``(C) Plan implementation.--Except as provided in
subparagraph (D), a school shall implement the school plan
(including a revised plan) expeditiously, but not later than
the beginning of the school year following the school year in
which the failure to make adequate yearly progress took
place.
``(D) Notwithstanding subparagraph (C), in a case in which
a plan is not approved prior to the beginning of a school
year, such plan shall be implemented immediately upon
approval.
``(E) Local educational agency approval.--The local
educational agency shall--
``(i) establish a peer-review process to assist with review
of a school plan prepared by a school served by the local
educational agency; and
``(ii) promptly review the school plan, work with the
school as necessary, and approve the
[[Page H2431]]
school plan if it meets the requirements of this paragraph.
``(4) Technical assistance.--
``(A) In general.--For each school identified for school
improvement under paragraph (1), the local educational agency
serving the school shall provide technical assistance as the
school develops and implements the school plan throughout the
duration of such plan.
``(B) Specific assistance.--Such technical assistance--
``(i) shall include assistance in analyzing data from the
academic assessments required under section 1111(b)(4), and
other samples of student work, to identify and address
instructional problems and solutions;
``(ii) shall include assistance in identifying and
implementing professional development, instructional
strategies, and methods of instruction that are based upon
scientifically based research and that have proven effective
in addressing the specific instructional issues that caused
the school to be identified for school improvement;
``(iii) shall include assistance in analyzing and revising
the school's budget so that the school resources are more
effectively allocated for the activities most likely to
increase student achievement and to remove the school from
school improvement status; and
``(iv) may be provided--
``(I) by the local educational agency, through mechanisms
authorized under section 1117; or
``(II) by the State educational agency, an institution of
higher education (in full compliance with all the reporting
provisions of title II of the Higher Education Act of 1965),
a private not-for-profit organization or for-profit
organization, an educational service agency, or another
entity with experience in helping schools improve
performance.
``(C) Scientifically based research.--Technical assistance
provided under this section by a local educational agency or
an entity approved by that agency shall be based on
scientifically based research.
``(5) Notification to parents.--A local educational agency
shall promptly provide parents (in a format and, to the
extent practicable, in a language they can understand) of
each student in an elementary school or a secondary school
identified for school improvement--
``(A) an explanation of what the school improvement
identification means, and how the school identified for
school improvement compares in terms of academic achievement
to other elementary schools or secondary schools served by
the local educational agency and the State educational agency
involved;
``(B) the reasons for the identification;
``(C) an explanation of what the school identified for
school improvement is doing to address the problem of low
achievement;
``(D) an explanation of what the local educational agency
or State educational agency is doing to help the school
address the achievement problem;
``(E) an explanation of how parents described in this
paragraph can become involved in addressing the academic
issues that caused the school to be identified for school
improvement; and
``(F) an explanation regarding the option of their child to
transfer to another public school, including a public charter
school.
``(6) Corrective action.--
``(A) In general.--In this subsection, the term `corrective
action' means action, consistent with State law, that--
``(i) substantially and directly responds to--
``(I) the consistent academic failure of a school that
caused the local educational agency to take such action; and
``(II) any underlying staffing, curriculum, or other
problems in the school; and
``(ii) is designed to increase substantially the likelihood
that students enrolled in the school identified for
corrective action will perform at the State's proficient and
advanced levels of achievement on the State academic
assessment described in section 1111(b)(4).
``(B) System.--In order to help students served under this
part meet challenging State academic standards, each local
educational agency shall implement a system of corrective
action in accordance with subparagraphs (C) through (F) and
paragraphs (7) through (9).
``(C) Role of local educational agency.--The local
educational agency--
``(i) after providing public school choice under paragraph
(1)(E) and technical assistance under paragraph (4), shall
identify for corrective action and take corrective action
with respect to any school served by the local educational
agency under this part that--
``(I) fails to make adequate yearly progress, as defined by
the State under section 1111(b)(2), at the end of the first
full school year following identification under paragraph
(1); or
``(II) was in school-improvement status for 2 years or in
corrective-action status under this subsection immediately
before the effective date of the No Child Left Behind Act of
2001; and
``(ii) shall continue to provide technical assistance
consistent with paragraph (4) while instituting any
corrective action under clause (i); and
``(D) Requirements.--In the case of a school described in
subparagraph (C)(i), the local educational agency shall
both--
``(i) continue to provide all students enrolled in the
school with the option to transfer to another public school
within the local educational agency, including a public
charter school, that has not been identified for school
improvement under paragraph (1), unless such an option is
prohibited by State law; and
``(ii) take at least 1 of the following corrective actions:
``(I) Replace the school staff which are relevant to the
failure to make adequate yearly progress.
``(II) Institute and fully implement a new curriculum,
including providing appropriate professional development for
all relevant staff, that is based on scientifically based
research and offers substantial promise of improving
educational performance for low-performing students and the
school meeting adequate yearly progress.
``(III) Significantly decrease management authority at the
school level.
``(IV) Appoint an outside expert to advise the school on
its progress toward meeting adequate yearly progress, based
on its school plan under this subsection.
``(V) Extend the school year or school day.
``(VI) Restructure the internal organizational structure of
the school.
``(E) Delay.--A local educational agency may delay, for a
period not to exceed 1 year, implementation of corrective
action only if the school's failure to make adequate yearly
progress was justified due to exceptional or uncontrollable
circumstances, such as a natural disaster or a precipitous
and unforeseen decline in the financial resources of the
local educational agency or school.
``(F) Publication and dissemination.--The local educational
agency shall publish and disseminate information regarding
any corrective action the local educational agency takes
under this paragraph at a school--
``(i) to the public and to the parents of each student
enrolled in the school subject to corrective action;
``(ii) in a format and, to the extent practicable, in a
language that the parents can understand; and
``(iii) through such means as the Internet, the media, and
public agencies.
``(7) Restructuring.--
``(A) Failure to make adequate yearly progress.--If--
``(i) a school is subject to corrective action under
paragraph (6) for one full school year, and at the end of
such year continues to fail to make adequate yearly progress
and students in the school who are from economically
disadvantaged families are not making statistically
significant progress in the subjects included in the State's
definition of adequate yearly progress; or
``(ii) for 2 additional years a school subject to
corrective action under paragraph (6) fails to make adequate
yearly progress, the local educational agency shall--
``(I) provide all students enrolled in the school with the
option to transfer to another public school within the local
educational agency, including a public charter school, that
has not been identified for school improvement under
paragraph (1), unless prohibited by State law;
``(II) make supplemental instructional services available,
consistent with subsection (d)(1); and
``(III) prepare a plan and make necessary arrangements to
carry out subparagraph (B).
``(B) Alternative governance.--Not later than the beginning
of the school year following the year in which the local
educational agency implements subparagraph (A), the local
educational agency shall implement 1 of the following
alternative governance arrangements for the school consistent
with State law:
``(i) Reopening the school as a public charter school.
``(ii) Replacing the principal and all or most of the
school staff that are relevant to the failure to make
adequate yearly progress.
``(iii) Entering into a contract with an entity, such as a
private management company, to operate the public school.
``(iv) Turning the operation of the school over to the
State, if permitted under State law and agreed to by the
State.
``(C) Available results.--The State educational agency
shall ensure that, for any school year in which a school is
subject to school improvement under this subsection, the
results of State academic assessments for that school are
available to the local educational agency by the end of the
school year in which the academic assessments are
administered.
``(D) Prompt notice.--The local educational agency shall
provide prompt notice to teachers and parents whenever
subparagraph (A) or (B) applies, shall provide them adequate
opportunity to comment before taking any action under those
subparagraphs and to participate in developing any plan under
subparagraph (A)(iii), and shall provide parents an
explanation of the options under subparagraph (A)(i) and
(ii).
``(8) Transportation.--In any case described in paragraph
(6)(D)(i) and (7)(A)(ii)(I) the local educational agency--
``(A) shall provide, or shall pay for the provision of,
transportation for the student to the public school the child
attends; and
``(B) may use not more than a total of 15 percent of its
allocation under this part for that purpose.
``(9) Cooperative agreement.--In any case described in
paragraph (6)(D)(i) or (7)(A)(ii)(I), if all public schools
in the local educational agency to which a child may transfer
to, are identified for school improvement, the agency shall,
to the extent practicable, establish a cooperative agreement
with other local educational agencies in the area for a
transfer.
``(10) Duration.--If any school identified for corrective
action or restructuring--
``(A) makes adequate yearly progress for 2 consecutive
years, the local educational agency need no longer subject it
to corrective action or restructuring nor identify it as in
need of improvement; or
``(B) fails to make adequate yearly progress, but children
from low-income families in the school make statistically
significant educational progress for 1 year, the local
educational agency shall place or continue as appropriate the
school in corrective action under paragraph (6).
``(11) State responsibilities.--The State shall--
[[Page H2432]]
``(A) make technical assistance under section 1117
available to all schools identified for school improvement
and restructuring under this subsection;
``(B) if it determines that a local educational agency has
failed to carry out its responsibilities under this
subsection, take such corrective actions as the State finds
appropriate and in compliance with State law; and
``(C) ensure that academic assessment results under this
part are provided to schools within the same school year in
which the assessment was given.
``(c) State Review and Local Educational Agency
Improvement.--
``(1) In general.--A State shall--
``(A) annually review the progress of each local
educational agency receiving funds under this part to
determine whether schools receiving assistance under this
part are making adequate yearly progress as defined in
section 1111(b)(2) toward meeting the State's student
academic achievement standards; and
``(B) publicize and disseminate to local educational
agencies, teachers and other staff, parents, students, and
the community the results of the State review consistent with
section 1111, including statistically sound disaggregated
results, as required by section 1111(b)(2).
``(2) Identification of local educational agency for
improvement.--A State shall identify for improvement any
local educational agency that--
``(A) for 2 consecutive years failed to make adequate
yearly progress as defined in the State's plan under section
1111(b)(2); or
``(B) was in improvement status under this section as this
section was in effect on the day preceding the date of the
enactment of the No Child Left Behind Act of 2001.
``(3) Transition.--The 2-year period described in paragraph
(2)(A) shall include any continuous period of time
immediately preceding the date of the enactment of the No
Child Left Behind Act of 2001, during which a local
educational agency did not make adequate yearly progress as
defined in the State's plan, as such plan was in effect on
the day preceding the date of such enactment.
``(4) Targeted assistance schools.--For purposes of
targeted assistance schools in a local educational agency, a
State educational agency may choose to review the progress of
only the students in such schools who are served or are
eligible for services under this part.
``(5) Opportunity to review and present evidence.--
``(A) Review.--Before identifying a local educational
agency for improvement under paragraph (2), a State
educational agency shall provide the local educational agency
with an opportunity to review the local educational agency
data, including academic assessment data, on which that
proposed identification is based.
``(B) Supporting evidence.--If the local educational agency
believes that the proposed identification is in error for
statistical or other substantive reasons, it may provide
supporting evidence to the State educational agency, which
such agency shall consider before making a final
determination not later than 30 days after the State
educational agency provides the local educational agency with
the opportunity to review such data under subparagraph (A).
``(6) Notification to parents.--The State educational
agency shall promptly notify parents in a format, and to the
extent practicable in a language they can understand, of each
student enrolled in a school in a local educational agency
identified for improvement, of the results of the review
under paragraph (1) and, if the agency is identified as in
need of improvement, the reasons for that identification and
how parents can participate in upgrading the quality of the
local educational agency.
``(7) Local educational agency revisions.--
``(A) Plan.--Each local educational agency identified under
paragraph (2) shall, not later than 3 months after being so
identified, develop or revise a local educational agency
plan, in consultation with parents, school staff, and others.
Such plan shall--
``(i) incorporate scientifically based research strategies
that strengthen the core academic program in the local
educational agency;
``(ii) identify specific goals and objectives the local
educational agency will undertake to make adequate yearly
progress and which--
``(I) have the greatest likelihood of improving the
performance of participating children in meeting the State's
student academic achievement standards;
``(II) address the professional development needs of staff;
and
``(III) include specific measurable achievement goals and
targets for each of the groups of students identified in the
disaggregated data pursuant to section 1111(b)(2)(C)(iii)(I)
and (II);
``(iii) incorporate, as appropriate, extended learning time
for students such as before school, after school, during the
summer, and extension of the school year.
``(iv) identify how the local educational agency will
provide written notification to parents in a format, and to
the extent practicable in a language, that they can
understand, pursuant to paragraph (6); and
``(v) specify the responsibilities of the State educational
agency and the local educational agency under the plan.
``(B) Implementation.--The local educational agency shall
implement its plan or revised plan expeditiously, but not
later than the beginning of the school year after which the
school has been identified for improvement.
``(8) State responsibility.--
``(A) In general.--For each local educational agency
identified under paragraph (2), the State shall provide
technical or other assistance, if requested, as authorized
under section 1117, to better enable the local educational
agency--
``(i) to develop and implement its revised plan as approved
by the State educational agency consistent with the
requirements of this section; and
``(ii) to work with schools needing improvement.
``(B) Technical assistance.--Technical assistance provided
under this section by the State educational agency or an
entity authorized by such agency shall be based upon
scientifically based research.
``(9) Corrective action.--In order to help students served
under this part meet challenging State academic standards,
each State shall implement a system of corrective action in
accordance with the following:
``(A) In general.--After providing technical assistance
under paragraph (8) and subject to subparagraph (D), the
State--
``(i) may take corrective action at any time with respect
to a local educational agency that has been identified under
paragraph (2);
``(ii) shall take corrective action with respect to any
local educational agency that fails to make adequate yearly
progress, as defined by the State, after the end of the
second year following its identification under paragraph (2);
and
``(iii) shall continue to provide technical assistance
while instituting any corrective action under clause (i) or
(ii).
``(B) Definition.--As used in this paragraph, the term
`corrective action' means action, consistent with State law,
that--
``(i) substantially and directly responds to the consistent
academic failure that caused the State to take such action
and to any underlying staffing, curricular, or other problems
in the school; and
``(ii) is designed to meet the goal of having all students
served under this part perform at the proficient and advanced
performance levels.
``(C) Certain local educational agencies.--In the case of a
local educational agency described in this paragraph, the
State educational agency shall take not less than 1 of the
following corrective actions:
``(i) Withhold funds from the local educational agency.
``(ii) Replace the school district personnel who are
relevant to the failure to make adequate year progress.
``(iii) Remove particular schools from the jurisdiction of
the local educational agency and establish alternative
arrangements for public governance and supervision of such
schools.
``(iv) Appoint, through the State educational agency, a
receiver or trustee to administer the affairs of the local
educational agency in place of the superintendent and school
board.
``(v) Abolish or restructure the local educational agency.
``(vi) Authorize students to transfer from a school
operated by a local educational agency to a higher performing
public school operated by another local educational agency,
or to a public charter school and provide such students
transportation (or the costs of transportation to such
schools), in conjunction with not less than 1 additional
action described under this paragraph.
``(D) Hearing.--Prior to implementing any corrective
action, the State educational agency shall provide due
process and a hearing to the affected local educational
agency, if State law provides for such process and hearing.
``(E) Publication.--The State educational agency shall
publish, and disseminate to parents and the public any
corrective action it takes under this paragraph through such
means as the Internet, the media, and public agencies.
``(F) Delay.--A local educational agency may delay, for a
period not to exceed 1 year, implementation of corrective
action if the failure to make adequate yearly progress was
justified due to exceptional or uncontrollable circumstances
such as a natural disaster or a precipitous and unforeseen
decline in the financial resources of the local educational
agency or school.
``(10) Special rule.--A local educational agency, that, for
at least 2 of the 3 years following identification under
paragraph (2), makes adequate yearly progress shall no longer
be identified for improvement.
``(d) Parental Options.--
``(1) In any case described in subsection
(b)(7)(A)(ii)(II), the local educational agency shall permit
the parents of each eligible child to obtain supplemental
educational services for such child from a provider, as
approved by the State educational agency in accordance with
reasonable criteria that it shall adopt. Such criteria shall
require a provider to demonstrate a record of effectiveness,
or the potential of effectiveness, in providing supplemental
instructional services to children, consistent with the
instructional program of the local educational agency and the
academic standards described under section 1111.
``(2) Selection.--In obtaining services under this
paragraph, a parent shall select a provider that meets the
criteria described under paragraph (1). The local educational
agency shall provide assistance, upon request, to parents in
the selection of a provider to provide supplemental
instructional services.
``(3) Contract.--In the case of the selection of a provider
under paragraph (2) by a parent, the local educational agency
shall enter into a contract with such provider. Such contract
shall--
``(A) require the local educational agency to develop, with
parents (and the provider they have chosen), a statement of
specific performance goals for the student, how the student's
progress will be measured, and a timetable for improving
achievement;
``(B) provide for the termination of such contract with a
provider that is unable to meet such goals and timetables;
and
``(C) contain provisions with respect to the making of
payments to the provider by the local educational agency.
``(4) Additional local educational agency
responsibilities.--Each local educational
[[Page H2433]]
agency subject to this paragraph shall provide annual notice
to parents (if feasible, in the parents' language) of the
availability of services under this paragraph and the
eligible providers of those services.
``(5) State educational agency responsibilities.--Each
State educational agency shall--
``(A) consult with local educational agencies and promote
maximum participation by providers to ensure, to the extent
practicable, that parents have as many choices of those
providers as possible;
``(B) develop criteria consistent with paragraph (6) and
apply such criteria to potential providers to determine
which, based on the quality and effectiveness of their
services, are eligible to participate;
``(C) maintain an updated list of approved providers across
the State, from which parents may select;
``(D) develop and implement standards and techniques for
monitoring the quality and effectiveness of the services
offered by providers, and withdraw approval from those that
fail to meet those standards for two consecutive years;
``(E) provide annual notice to potential providers of
supplemental services of the opportunity to provide services
under this paragraph and of the applicable procedures for
obtaining approval from the State educational agency to be a
provider of those services.
``(6) Criteria for providers.--In order for a provider to
be included on the State list under paragraph (5)(c), a
provider shall agree to the following:
``(A) Provide parents of children receiving supplemental
instructional services under this paragraph and the
appropriate local educational agency with information on the
progress of their children in increasing achievement, in a
format and, to the extent practicable, a language such
parents can understand.
``(B) Ensure that instruction and content used by the
provider is consistent with the instruction and content used
by the local educational agency and State.
``(C) Require a provider to meet all applicable Federal,
State, and local health, safety and civil rights laws.
``(D) Ensure that all instruction and content under this
paragraph shall be secular, neutral, and nonideological.
``(7) Costs.--
``(A) The costs of administration of this paragraph and the
costs of providing such supplemental instructional services
shall be limited to the total of 40 percent of the per child
allocation under subpart 2 of each school identified under
subsection (b)(7)(A)(ii)(II);
``(B) Additional funds.--If the allocation under
subparagraph (A) is insufficient to provide services for all
eligible students that have selected a provider, a local
educational agency may use funds under subpart 1 of part A of
title IV to pay for additional costs;
``(C) Transportation costs.--A local educational agency may
use up to 15 percent of its allocation under subpart 2 for
transportation costs.
``(8) Funds provided by state educational agency.--Each
State educational agency may use funds that it reserves under
this part, and subpart 1 of part A of title IV to provide
local educational agencies that do not have sufficient funds
to provide services under this paragraph for all eligible
students requesting such services.
``(9) Duration.--The local educational agency shall
continue to provide supplemental instructional services to
enrolled children receiving such services under this
paragraph until the child completes the grade corresponding
to the highest grade offered at the public school which was
identified for restructuring under subsection (b)(7), or
until such school, so long as the child attends such school,
is not identified under subsection (b)(1), (b)(6), or (b)(7),
whichever comes earlier.
``(10) Definitions.--As used in this subsection, the term--
``(A) `eligible child' means a child from a low-income
family, as determined by the local educational agency for
purposes of allocating funds to schools under section
1113(c)(1);
``(B) `supplemental instructional services' means tutoring
and other supplemental academic enrichment services that are
in addition to instruction provided during the school day and
are specifically designed to increase the academic
achievement of eligible children on the academic assessments
required under section 1111; and
``(C) `provider' means a non-profit or a for-profit entity
which has a demonstrated record of effectiveness or the
potential of effectiveness--
``(i) in providing supplemental instructional services that
are consistent with the instructional program of the local
educational agency and the academic standards described under
section 1111; and
``(ii) in sound fiscal management;
``(D) `per child allocation' means an amount that is equal
to at least--
``(i) the amount of the school's allocation under subpart
2; divided by
``(ii) the number of children from low-income families
enrolled in the school.
``(11) Prohibition.--Nothing contained in this paragraph
shall permit the making of any payment under this paragraph
for religious worship or instruction.''.
SEC. 107. STATE ASSISTANCE FOR SCHOOL SUPPORT AND
IMPROVEMENT.
Section 1117 is amended to read as follows:
``SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND
IMPROVEMENT.
``(a) System for Support.--Each State shall establish a
statewide system of intensive and sustained support and
improvement for local educational agencies and schools
receiving funds under this part, in order to increase the
opportunity for all students in those agencies and schools to
meet the State's academic content standards and student
academic achievement standards.
``(b) Priorities.--In carrying out this section, a State
shall--
``(1) first, provide support and assistance to local
educational agencies subject to corrective action under
section 1116 and assist schools, in accordance with section
1116(b)(10), for which a local educational agency has failed
to carry out its responsibilities under paragraphs (6) and
(7) of section 1116(b);
``(2) second, provide support and assistance to other local
educational agencies identified as in need of improvement
under section 1116(b); and
``(3) third, provide support and assistance to other local
educational agencies and schools participating under this
part that need that support and assistance in order to
achieve the purpose of this part.
``(c) Approaches.--In order to achieve the purpose
described in subsection (a), each such system shall provide
technical assistance and support through such approaches as--
``(1) school support teams, composed of individuals who are
knowledgeable about scientifically based research and
practice on teaching and learning, particularly about
strategies for improving educational results for low-
achieving children; and
``(2) the designation and use of ``Distinguished
Educators'', chosen from schools served under this part that
have been especially successful in improving academic
achievement.
``(d) Funds.--Each State--
``(1) shall use funds reserved under section 1003(a); and
``(2) may use State administrative funds authorized under
section 1002(i) for such purpose to establish a Statewide
system of support.
``(e) Alternatives.--The State may devise additional
approaches to providing the assistance described in
paragraphs (1) and (2) of subsection (c), such as providing
assistance through institutions of higher education and
educational service agencies or other local consortia, and
private providers of scientifically based technical
assistance and the State may seek approval from the Secretary
to use funds made available under section 1002(j) for such
approaches as part of the State plan.''.
SEC. 108. ACADEMIC ACHIEVEMENT AWARDS PROGRAM.
Sections 1118 through 1127 are amended to read as follows:
``SEC. 1117A. ACADEMIC ACHIEVEMENT AWARDS PROGRAM.
``(a) Establishment of Academic Achievement Awards
Program.--
``(1) In general.--Each State receiving a grant under this
part may establish a program for making academic achievement
awards to recognize and financially reward schools served
under this part that have--
``(A) significantly closed the achievement gap between the
groups of students defined in section 1111(b)(2); or
``(B) exceeded their adequate yearly progress goals,
consistent with section 1111(b)(2), for 2 or more consecutive
years.
``(2) Awards to teachers.--A State program under paragraph
(1) may also recognize and provide financial awards to
teachers teaching in a school described in such paragraph
whose students consistently make significant gains in
academic achievement in the areas in which the teacher
provides instruction.
``(b) Funding.--
``(1) Reservation of funds by state.--For the purpose of
carrying out this section, each State receiving a grant under
this part may reserve, from the amount (if any) by which the
funds received by the State under this part for a fiscal year
exceed the amount received by the State under this part for
the preceding fiscal year, not more than 30 percent of such
excess amount.
``(2) Use within 3 years.--Notwithstanding any other
provision of law, the amount reserved under paragraph (1) by
a State for each fiscal year shall remain available to the
State until expended for a period not exceeding 3 years.
``(3) Special allocation rule for schools in high-poverty
areas.--
``(A) In general.--Each State receiving a grant under this
part shall distribute at least 75 percent of the amount
reserved under paragraph (1) for each fiscal year to schools
described in subparagraph (B), or to teachers teaching in
such schools.
``(B) School described.--A school described in subparagraph
(A) is a school whose student population is in the highest
quartile of schools statewide in terms of the percentage of
children from low income families.
``SEC. 1118. PARENTAL INVOLVEMENT.
``(a) Local Educational Agency Policy.--
``(1) In general.--A local educational agency may receive
funds under this part only if such agency implements
programs, activities, and procedures for the involvement of
parents in programs assisted under this part consistent with
the provisions of this section. Such activities shall be
planned and implemented with meaningful consultation with
parents of participating children.
``(2) Written policy.--Each local educational agency that
receives funds under this part shall develop jointly with,
agree upon with, and distribute to, parents of participating
children a written parent involvement policy that is
incorporated into the local educational agency's plan
developed under section 1112, establishes the expectations
for parent involvement, and describes how the local
educational agency will--
``(A) involve parents in the joint development of the plan
under section 1112, and the process of school review and
improvement under section 1116;
``(B) provide the coordination, technical assistance, and
other support necessary to assist participating schools in
planning and implementing effective parent involvement;
[[Page H2434]]
``(C) build the schools' and parents' capacity for strong
parent involvement as described in subsection (e);
``(D) coordinate and integrate parental involvement
strategies under this part with parental involvement
strategies under other programs, such as Head Start, Early
Reading First, Reading First, Even Start, the Parents as
Teachers Program, the Home Instruction Program for Preschool
Youngsters, and State-run preschool programs;
``(E) conduct, with the involvement of parents, an annual
evaluation of the content and effectiveness of the parental
involvement policy in improving the academic quality of the
schools served under this part; and
``(F) involve parents in the activities of the schools
served under this part.
``(3) Reservation.--
``(A) In general.--Each local educational agency shall
reserve not less than 1 percent of such agency's allocation
under this part to carry out this section, including family
literacy and parenting skills, except that this paragraph
shall not apply if 1 percent of such agency's allocation
under this part (other than funds allocated under section
1002(g) for the fiscal year for which the determination is
made is $5,000 or less.
``(B) Parental input.--Parents of children receiving
services under this part shall be involved in the decisions
regarding how funds reserved under subparagraph (A) are
allotted for parental involvement activities.
``(C) Distribution of funds.--Not less than 95 percent of
the funds reserved under subparagraph (A) shall be
distributed to schools served under this part.
``(b) School Parental Involvement Policy.--
``(1) In general.--Each school served under this part shall
jointly develop with, and distribute to, parents of
participating children a written parental involvement policy,
agreed upon by such parents, that shall describe the means
for carrying out the requirements of subsections (c) through
(f). Parents shall be notified of the policy in a format, and
to the extent practicable in a language they can understand.
Such policy shall be updated periodically to meet the
changing needs of parents and the school.
``(2) Special rule.--If the school has a parental
involvement policy that applies to all parents, such school
may amend that policy, if necessary, to meet the requirements
of this subsection.
``(3) Amendment.--If the local educational agency has a
school district-level parental involvement policy that
applies to all parents, such agency may amend that policy, if
necessary, to meet the requirements of this subsection.
``(4) Parental comments.--If the plan under section 1112 is
not satisfactory to the parents of participating children,
the local educational agency shall submit any parent comments
with such plan when such local educational agency submits the
plan to the State.
``(c) Policy Involvement.--Each school served under this
part shall--
``(1) convene an annual meeting, at a convenient time, to
which all parents of participating children shall be invited
and encouraged to attend, to inform parents of their school's
participation under this part and to explain this part, its
requirements, and their right to be involved;
``(2) offer a flexible number of meetings, such as meetings
in the morning or evening, and may provide, with funds
provided under this part, transportation, child care, or home
visits, as such services relate to parental involvement;
``(3) involve parents, in an organized, ongoing, and timely
way, in the planning, review, and improvement of programs
under this part, including the school parental involvement
policy and the joint development of the schoolwide program
plan under section 1114(c)(2) and (c)(3), except that if a
school has in place a process for involving parents in the
joint planning and design of its programs, the school may use
that process, if such process includes an adequate
representation of parents of participating children;
``(4) provide parents of participating children--
``(A) timely information about programs under this part;
``(B) a description and explanation of the curriculum in
use at the school, the forms of academic assessment used to
measure student progress, and the proficiency levels students
are expected to meet; and
``(5) if the schoolwide program plan under section
1114(c)(2) and (c)(3) is not satisfactory to the parents of
participating children, submit any parent comments on the
plan when the school makes the plan available to the local
educational agency.
``(d) Shared Responsibilities for High Student
Performance.--As a component of the school-level parental
involvement policy developed under subsection (b), each
school served under this part shall agree with parents of
children served under this part regarding how parents, the
entire school staff, and students will share the
responsibility for improved student achievement and the means
by which the school and parents will build and develop a
partnership to help children achieve the State's high
academic standards.
``(e) Building Capacity for Involvement.--To ensure
effective involvement of parents and to support a partnership
among the school, parents, and the community to improve
student achievement, each school and local educational
agency--
``(1) shall provide assistance to participating parents in
such areas as understanding the State's academic content
standards and State student academic achievement standards,
State and local academic assessments, the requirements of
this part, and how to monitor a child's progress and work
with educators to improve the performance of their children;
``(2) shall provide materials and training to help parents
to work with their children to improve their children's
achievement;
``(3) shall educate teachers, pupil services personnel,
principals and other staff, with the assistance of parents,
in the value and utility of contributions of parents, and in
how to reach out to, communicate with, and work with parents
as equal partners, implement and coordinate parent programs,
and build ties between parents and the school;
``(4) shall coordinate and integrate parent involvement
programs and activities with Head Start, Reading First, Early
Reading First, Even Start, the Home Instruction Programs for
Preschool Youngsters, the Parents as Teachers Program, and
public preschool programs and other programs, to the extent
feasible and appropriate;
``(5) shall ensure, to the extent possible, that
information related to school and parent programs, meetings,
and other activities is sent to the parents of participating
children in the language used by such parents;
``(6) may involve parents in the development of training
for teachers, principals, and other educators to improve the
effectiveness of such training in improving instruction and
services to the children of such parents in a format, and to
the extent practicable, in a language the parent can
understand;
``(7) may provide necessary literacy training from funds
received under this part if the local educational agency has
exhausted all other reasonably available sources of funding
for such activities;
``(8) may pay reasonable and necessary expenses associated
with local parental involvement activities, including
transportation and child care costs, to enable parents to
participate in school-related meetings and training sessions;
``(9) may train parents to enhance the involvement of other
parents;
``(10) may arrange for teachers or other educators, who
work directly with participating children, to conduct in-home
conferences with parents who are unable to attend such
conferences at school;
``(11) may adopt and implement model approaches to
improving parental involvement;
``(12) may establish a districtwide parent advisory council
to provide advice on all matters related to parental
involvement in programs supported under this part;
``(13) may develop appropriate roles for community-based
organizations and businesses in parent involvement
activities; and
``(14) may arrange for teachers or other educators, who
work directly with participating children, to conduct in-home
conferences with parents who are unable to attend such
conferences at school.
``(f) Accessibility.--In carrying out the parental
involvement requirements of this part, local educational
agencies and schools, to the extent practicable, shall
provide full opportunities for the participation of parents
with limited English proficiency or with disabilities and
parents of migratory children, including providing
information and school reports required under section 1111 in
a format, and to the extent practicable, in a language such
parents understand.
``SEC. 1119. QUALIFICATIONS FOR TEACHERS AND
PARAPROFESSIONALS.
``(a) Teachers.--
``(1) In general.--Each local educational agency receiving
assistance under this part shall ensure that all teachers
hired on or after the effective date of the No Child Left
Behind Act of 2001 and teaching in a program supported with
funds under this part are fully qualified.
``(2) Plan.--Each State receiving assistance under this
part shall develop and submit to the Secretary a plan to
ensure that all teachers teaching within the State are fully
qualified not later than December 31, 2005. Such plan shall
include an assurance that the State will require each local
educational agency and school receiving funds under this part
publicly to report their annual progress on the agency's and
the school's performance in increasing the percentage of
classes in core academic areas taught by fully qualified
teachers.
``(b) New Paraprofessionals.--
``(1) In general.--Each local educational agency receiving
assistance under this part shall ensure that all
paraprofessionals hired 1 year or more after the effective
date of the No Child Left Behind Act of 2001 and working in a
program supported with funds under this part shall--
``(A) have completed at least 2 years of study at an
institution of higher education;
``(B) have obtained an associate's (or higher) degree; or
``(C) have met a rigorous standard of quality that
demonstrates, through a formal academic assessment--
``(i) knowledge of, and the ability to assist in
instructing reading, writing, and math; or
``(ii) knowledge of, and the ability to assist in
instructing reading readiness, writing readiness, and math
readiness, as appropriate.
``(2) Clarification.--For purposes of paragraph (1)(C), the
receipt of a high school diploma (or its recognized
equivalent) shall be necessary but not by itself sufficient
to satisfy the requirements of such paragraph.
``(c) Existing Paraprofessionals.--Each local educational
agency receiving assistance under this part shall ensure that
all paraprofessionals hired before the date that is 1 year
after the effective date of the No Child Left Behind Act of
2001 and working in a program supported with funds under this
part shall, not later than 3 years after such effective date,
satisfy the requirements of subsection (b).
``(d) Exceptions for Translation and Parental Involvement
Activities.--Subsections
[[Page H2435]]
(b) and (c) shall not apply to a paraprofessional--
``(1) who is proficient in English and a language other
than English and who provides services primarily to enhance
the participation of children in programs under this part by
acting as a translator; or
``(2) whose duties consist solely of conducting parental
involvement activities consistent with section 1118.
``(e) General Requirement for All Paraprofessionals.--Each
local educational agency receiving assistance under this part
shall ensure that all paraprofessionals working in a program
supported with funds under this part, regardless of the
paraprofessional's hiring date, possess a high school diploma
or its recognized equivalent.
``(f) Duties of Paraprofessionals.--
``(1) In general.--Each local educational agency receiving
assistance under this part shall ensure that a
paraprofessional working in a program supported with funds
under this part is not assigned a duty inconsistent with this
subsection.
``(2) Responsibilities paraprofessionals may be assigned.--
A paraprofessional described in paragraph (1) may only be
assigned--
``(A) to provide one-on-one tutoring for eligible students,
if the tutoring is scheduled at a time when a student would
not otherwise receive instruction from a teacher;
``(B) to assist with classroom management, such as
organizing instructional and other materials;
``(C) to provide assistance in a computer laboratory;
``(D) to conduct parental involvement activities;
``(E) to provide support in a library or media center;
``(F) to act as a translator; or
``(G) to provide instructional services to students.
``(3) Additional limitations.--A paraprofessional described
in paragraph (1)--
``(A) may not provide any instructional service to a
student unless the paraprofessional is working under the
direct supervision of a fully qualified teacher; and
``(B) may not provide instructional services to students in
the area of reading, writing, or math unless the
paraprofessional has demonstrated, through a State or local
academic assessment, the ability to effectively carry out
reading, writing, or math instruction.
``(g) Use of Funds.--
``(1) Professional development.--A local educational agency
receiving funds under this part may use such funds to support
ongoing training and professional development to assist
teachers and paraprofessionals in satisfying the requirements
of this section.
``(2) Limitation on use of funds for paraprofessionals.--
``(A) In general.--Beginning on and after the effective
date of the No Child Left Behind Act of 2001, a local
educational agency may not use funds received under this part
to fund any paraprofessional hired after such date unless the
hiring is to fill a vacancy created by the departure of
another paraprofessional funded under this part and such new
paraprofessional satisfies the requirements of subsection
(b), except as provided in subsection (d).
``(B) Exception.--Subparagraph (A) shall not apply for a
fiscal year to a local educational agency that can
demonstrate to the State that all teachers under the
jurisdiction of the agency are fully qualified.
``(h) Verification of Compliance.--
``(1) In general.--In verifying compliance with this
section, each local educational agency at a minimum shall
require that the principal of each school operating a program
under section 1114 or 1115 annually attest in writing as to
whether such school is in compliance with the requirements of
this section.
``(2) Availability of information.--Copies of attestations
under paragraph (1)--
``(A) shall be maintained at each school operating a
program under section 1114 or 1115 and at the main office of
the local educational agency; and
``(B) shall be available to any member of the general
public upon request.
``SEC. 1119A. PROFESSIONAL DEVELOPMENT.
``(a) Purpose.--The purpose of this section is to assist
each local educational agency receiving assistance under this
part in increasing the academic achievement of children
served under this part through improved teacher quality.
``(b) Professional Development Activities.--Professional
development activities under this section shall--
``(1) give teachers, principals, and administrators the
knowledge and skills to provide students with the opportunity
to meet challenging State or local academic content standards
and student academic achievement standards;
``(2) support the recruiting, hiring, and training of fully
qualified teachers, including teachers fully qualified
through State and local alternative routes;
``(3) advance teacher understanding of effective
instructional strategies based on scientifically based
research for improving student achievement, at a minimum, in
reading or language arts and mathematics;
``(4) be directly related to the curriculum and content
areas in which the teacher provides instruction, except this
requirement does not apply to activities that instruct in
methods of improving student behavior;
``(5) be designed to enhance the ability of a teacher to
understand and use the State's academic standards for the
subject area in which the teacher provides instruction;
``(6) be tied to scientifically based research
demonstrating the effectiveness of such professional
development activities or programs in increasing student
achievement or substantially increasing the knowledge and
teaching skills of teachers;
``(7) 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;
``(8) be developed with extensive participation of
teachers, principals, parents, and administrators of schools
to be served under this part;
``(9) be designed to give teachers of limited English
proficient children, other teachers, and instructional staff
the knowledge and skills to provide instruction and
appropriate language and academic support services to such
children, including the appropriate use of curriculum and
academic assessments;
``(10) to the extent appropriate, provide training for
teachers in the use of technology so that technology and its
applications are effectively used in the classroom to improve
teaching and learning in the curriculum and academic content
areas in which the teachers provide instruction; and
``(11) as a whole, be regularly evaluated for their impact
on increased teacher effectiveness and improved student
achievement, with the findings of such evaluations used to
improve the quality of professional development.
``(c) Additional Professional Development Activities.--Such
professional development activities may include--
``(1) instruction in the use of data and academic
assessments to inform and instruct classroom practice;
``(2) instruction in ways that teachers, principals, pupil
services personnel, and school administrators may work more
effectively with parents;
``(3) the forming of partnerships with institutions of
higher education to establish school-based teacher training
programs that provide prospective teachers and novice
teachers with an opportunity to work under the guidance of
experienced teachers and college faculty;
``(4) the creation of career ladder programs for
paraprofessionals (assisting teachers under this part) to
obtain the education necessary for such paraprofessionals to
become licensed and certified teachers; and
``(5) instruction in ways to teach special needs children.
``(d) Program Participation.--Each local educational agency
receiving assistance under this part may design professional
development programs so that--
``(1) all school staff in schools participating in a
schoolwide program under section 1114 can participate in
professional development activities; and
``(2) all school staff in targeted assistance schools may
participate in professional development activities if such
participation will result in better addressing the needs of
students served under this part.
``(e) Parental Participation.--Parents may participate in
professional development activities under this part if the
school determines that parental participation is appropriate.
``(f) Consortia.--In carrying out such professional
development programs, local educational agencies may provide
services through consortia arrangements with other local
educational agencies, educational service agencies or other
local consortia, institutions of higher education, or other
public or private institutions or organizations.
``(g) Consolidation of Funds.--Funds provided under this
part that are used for professional development purposes may
be consolidated with funds provided under title II of this
Act and other sources.
``(h) Special Rule.--No State educational agency shall
require a school or a local educational agency to expend a
specific amount of funds for professional development
activities under this part, except that this paragraph shall
not apply with respect to requirements under section
1116(b)(3)(A)(iii).
``SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
``(a) General Requirement.--
``(1) In general.--To the extent consistent with the number
of eligible children identified under section 1115(b) in a
local educational agency who are enrolled in private
elementary and secondary schools, a local educational agency
shall, after timely and meaningful consultation with
appropriate private school officials, provide such children,
on an equitable basis, special educational services or other
benefits under this part (such as dual enrollment,
educational radio and television, computer equipment and
materials, other technology, and mobile educational services
and equipment) that address their needs, and shall ensure
that teachers and families of these students participate, on
an equitable basis, in services and activities developed
pursuant to sections 1118 and 1119A.
``(2) Secular, neutral, nonideological.--Such educational
services or other benefits, including materials and
equipment, shall be secular, neutral, and nonideological.
``(3) Equity.--Educational services and other benefits for
such private school children shall be equitable in comparison
to services and other benefits for public school children
participating under this part, and shall be provided in a
timely manner.
``(4) Expenditures.--Expenditures for educational services
and other benefits to eligible private school children shall
be equal to the proportion of funds allocated to
participating school attendance areas based on the number of
children from low-income families who attend private schools,
which the local educational agency may determine each year or
every 2 years.
``(5) Provision of services.--The local educational agency
shall provide services under this
[[Page H2436]]
section directly or through contracts with public and private
agencies, organizations, and institutions.
``(b) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a local educational agency shall consult with
appropriate private school officials during the design and
development of such agency's programs under this part, on
issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how, where, and by whom the services will be
provided;
``(D) how the services will be academically assessed and
how the results of that assessment will be used to improve
those services;
``(E) the size and scope of the equitable services to be
provided to the eligible private school children, and the
amount of funds generated by low-income private school
children in each participating attendance area;
``(F) the method or sources of data that are used under
subsection (a)(4) and section 1113(c)(2) to determine the
number of children from low-income families in participating
school attendance areas who attend private schools; and
``(G) how and when the agency will make decisions about the
delivery of services to such children, including a thorough
consideration and analysis of the views of the private school
officials on the provision of contract services through
potential third party providers.
If the local educational agency disagrees with the views of
the private school officials on the provision of services,
through a contract, the local educational agency shall
provide in writing to such private school officials, an
analysis of the reasons why the local educational agency has
chosen not to use a contractor.
``(2) Timing.--Such consultation shall include meetings of
agency and private school officials and shall occur before
the local educational agency makes any decision that affects
the opportunities of eligible private school children to
participate in programs under this part. Such meetings shall
continue throughout implementation and assessment of services
provided under this section.
``(3) Discussion.--Such consultation shall include a
discussion of service delivery mechanisms a local educational
agency can use to provide equitable services to eligible
private school children.
``(4) Documentation.--Each local educational agency shall
maintain in its records and provide to the State educational
agency a written affirmation signed by officials of each
participating private school that the consultation required
by this section has occurred.
``(5) Compliance.--Private school officials shall have the
right to appeal to the State as to whether the consultation
provided for in this section was meaningful and timely, and
that due consideration was given to the views of private
school officials. If the private school wishes to appeal, the
basis of the claim of noncompliance with this section by a
local educational agency shall be provided to the State, and
the local educational agency shall forward the documentation
provided in subsection (b)(4) to the State.
``(c) Public Control of Funds.--
``(1) In general.--The control of funds provided under this
part, and title to materials, equipment, and property
purchased with such funds, shall be in a public agency, and a
public agency shall administer such funds and property.
``(2) Provision of services.--(A) The provision of services
under this section shall be provided--
``(i) by employees of a public agency; or
``(ii) through contract by such public agency with an
individual, association, agency, or organization.
``(B) In the provision of such services, such employee,
person, association, agency, or organization shall be
independent of such private school and of any religious
organization, and such employment or contract shall be under
the control and supervision of such public agency.
``(d) Standards for a Bypass.--If a local educational
agency is prohibited by law from providing for the
participation on an equitable basis of eligible children
enrolled in private elementary and secondary schools or if
the Secretary determines that a local educational agency has
substantially failed or is unwilling to provide for such
participation, as required by this section, the Secretary
shall--
``(1) waive the requirements of this section for such local
educational agency;
``(2) arrange for the provision of services to such
children through arrangements that shall be subject to the
requirements of this section and sections 8505 and 8506; and
``(3) in making the determination, consider 1 or more
factors, including the quality, size, scope, and location of
the program and the opportunity of eligible children to
participate.
``(e) Capital Expenses.--
``(1) In general.--(A) From the amount appropriated for
this subsection under section 1002(g) for any fiscal year,
each State is eligible to receive an amount that bears the
same ratio to the amount so appropriated as the number of
private school children who received services under this part
in the State in the most recent year for which data
satisfactory to the Secretary are available bears to the
number of such children in all States in that same year.
``(B) The Secretary shall reallocate any amounts allocated
under subparagraph (A) that are not used by a State for the
purpose of this subsection to other States on the basis of
their respective needs, as determined by the Secretary.
``(2) Capital expenses.--(A) A local educational agency may
apply to the State educational agency for payments for
capital expenses consistent with this subsection.
``(B) State educational agencies shall distribute such
funds under this subsection to local educational agencies
based on the degree of need set forth in their respective
applications for assistance under this subsection.
``(3) Uses of funds.--Any funds appropriated to carry out
this subsection shall be used only for capital expenses
incurred to provide equitable services for private school
children under this section.
``SEC. 1120A. FISCAL REQUIREMENTS.
``(a) Maintenance of Effort.--A local educational agency
may receive funds under this part for any fiscal year only if
the State educational agency finds that the local educational
agency has maintained its fiscal effort in accordance with
section 8501 of this Act.
``(b) Federal Funds To Supplement, Not Supplant, Non-
Federal Funds.--
``(1) In general.--A State or local educational agency
shall use funds received under this part only to supplement
the amount of funds that would, in the absence of such
Federal funds, be made available from non-Federal sources for
the education of pupils participating in programs assisted
under this part, and not to supplant such funds.
``(2) Special rule.--No local educational agency shall be
required to provide services under this part through a
particular instructional method or in a particular
instructional setting in order to demonstrate such agency's
compliance with paragraph (1).
``(c) Comparability of Services.--
``(1) In general.--(A) Except as provided in paragraphs (4)
and (5), a local educational agency may receive funds under
this part only if State and local funds will be used in
schools served under this part to provide services that,
taken as a whole, are at least comparable to services in
schools that are not receiving funds under this part.
``(B) If the local educational agency is serving all of
such agency's schools under this part, such agency may
receive funds under this part only if such agency will use
State and local funds to provide services that, taken as a
whole, are substantially comparable in each school.
``(C) A local educational agency may meet the requirements
of subparagraphs (A) and (B) on a grade-span by grade-span
basis or a school-by-school basis.
``(2) Written assurance.--(A) A local educational agency
shall be considered to have met the requirements of paragraph
(1) if such agency has filed with the State educational
agency a written assurance that such agency has established
and implemented--
``(i) a local educational agency-wide salary schedule;
``(ii) a policy to ensure equivalence among schools in
teachers, administrators, and other staff; and
``(iii) a policy to ensure equivalence among schools in the
provision of curriculum materials and instructional supplies.
``(B) For the purpose of subparagraph (A), in the
determination of expenditures per pupil from State and local
funds, or instructional salaries per pupil from State and
local funds, staff salary differentials for years of
employment shall not be included in such determinations.
``(C) A local educational agency need not include
unpredictable changes in student enrollment or personnel
assignments that occur after the beginning of a school year
in determining comparability of services under this
subsection.
``(3) Procedures and records.--Each local educational
agency assisted under this part shall--
``(A) develop procedures for compliance with this
subsection; and
``(B) maintain records that are updated biennially
documenting such agency's compliance with this subsection.
``(4) Inapplicability.--This subsection shall not apply to
a local educational agency that does not have more than 1
building for each grade span.
``(5) Compliance.--For the purpose of determining
compliance with paragraph (1), a local educational agency may
exclude State and local funds expended for--
``(A) English language instruction for children of limited
English proficiency; and
``(B) excess costs of providing services to children with
disabilities as determined by the local educational agency.
``(d) Exclusion of Funds.--For the purpose of complying
with subsections (b) and (c), a State or local educational
agency may exclude supplemental State or local funds expended
in any school attendance area or school for programs that
meet the intent and purposes of this part.
``SEC. 1120B. COORDINATION REQUIREMENTS.
``(a) In General.--Each local educational agency receiving
assistance under this part shall carry out the activities
described in subsection (b) with Head Start Agencies, and if
feasible, other early childhood development programs such as
Early Reading First.
``(b) Activities.--The activities referred to in subsection
(a) are activities that increase coordination between the
local educational agency and a Head Start agency, and, if
feasible, other early childhood development programs, such as
Early Reading First serving children who will attend the
schools of such agency, including--
``(1) developing and implementing a systematic procedure
for receiving records regarding such children transferred
with parental consent from a Head Start program or, where
applicable, other early childhood development programs such
as Early Reading First;
``(2) establishing channels of communication between school
staff and their counterparts in such Head Start agencies
(including teachers, social workers, and health staff) or
other early
[[Page H2437]]
childhood development programs such as Early Reading First,
as appropriate, to facilitate coordination of programs;
``(3) conducting meetings involving parents, kindergarten
or elementary school teachers, and Head Start teachers or, if
appropriate, teachers from other early childhood development
programs such as Early Reading First, to discuss the
developmental and other needs of individual children;
``(4) organizing and participating in joint transition
related training of school staff, Head Start staff, Early
Reading First staff and, where appropriate, other early
childhood staff; and
``(5) linking the educational services provided in such
local educational agency with the services provided in local
Head Start agencies and Early Reading First programs.
``(c) Coordination of Regulations.--The Secretary shall
work with the Secretary of Health and Human Services to
coordinate regulations promulgated under this part with
regulations promulgated under the Head Start Act.
``Subpart 2--Allocations
``SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY
OF THE INTERIOR.
``(a) Reservation of Funds.--From the amount appropriated
for payments to States for any fiscal year under section
1002(a), the Secretary shall reserve a total of 1 percent to
provide assistance to--
``(1) the outlying areas in the amount determined in
accordance with subsection (b); and
``(2) the Secretary of the Interior in the amount necessary
to make payments pursuant to subsection (d).
``(b) Assistance to Outlying Areas.--
``(1) Funds reserved.--From the amount made available for
any fiscal year under subsection (a), the Secretary shall
award grants to the outlying areas.
``(2) Competitive grants.--For each of fiscal years 2002
and 2003, the Secretary shall carry out the competition
described in paragraph (3), except that the amount reserved
to carry out such competition shall not exceed the amount
reserved under this section for the freely associated states
for fiscal year 1999.
``(3) Limitation for competitive grants.--
``(A) Competitive grants.--The Secretary shall use funds
described in paragraph (2) to award grants, on a competitive
basis, to the outlying areas and freely associated States to
carry out the purposes of this part.
``(B) Award basis.--The Secretary shall award grants under
subparagraph (A) on a competitive basis, pursuant to the
recommendations of the Pacific Region Educational Laboratory
in Honolulu, Hawaii.
``(C) Administrative costs.--The Secretary may provide not
more than 5 percent of the amount reserved for grants under
this paragraph to pay the administrative costs of the Pacific
Region Educational Laboratory under subparagraph (B).
``(4) Special rule.--The provisions of Public Law 95-134,
permitting the consolidation of grants by the outlying areas,
shall not apply to funds provided to the freely associated
States under this section.
``(c) Definitions.--For the purposes of subsections (a) and
(b)--
``(1) the term `freely associated States' means the
Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau; and
``(2) the term `outlying area' means the United States
Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
``(d) Allotment to the Secretary of the Interior.--
``(1) In general.--The amount allotted for payments to the
Secretary of the Interior under subsection (a)(2) for any
fiscal year shall be, as determined pursuant to criteria
established by the Secretary, the amount necessary to meet
the special educational needs of--
``(A) Indian children on reservations served by elementary
and secondary schools for Indian children operated or
supported by the Department of the Interior; and
``(B) out-of-State Indian children in elementary and
secondary schools in local educational agencies under special
contracts with the Department of the Interior.
``(2) Payments.--From the amount allotted for payments to
the Secretary of the Interior under subsection (a)(2), the
Secretary of the Interior shall make payments to local
educational agencies, upon such terms as the Secretary
determines will best carry out the purposes of this part,
with respect to out-of-State Indian children described in
paragraph (1). The amount of such payment may not exceed, for
each such child, the greater of--
``(A) 40 percent of the average per-pupil expenditure in
the State in which the agency is located; or
``(B) 48 percent of such expenditure in the United States.
``SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRATION GRANTS,
AND TARGETED GRANTS.
``(a) Allocation Formula.--Of the amount appropriated to
carry out this part for each of fiscal years 2002 through
2006 (referred to in this subsection as the current fiscal
year)--
``(1) an amount equal to the amount appropriated to carry
out section 1124 for fiscal year 2001 shall be allocated in
accordance with section 1124;
``(2) an amount equal to the amount appropriated to carry
out section 1124A for fiscal year 2001 shall be allocated in
accordance with section 1124A; and
``(3) an amount equal to 100 percent of the amount, if any,
by which the amount appropriated under section 1002(a) for
the current fiscal year exceeds the amount appropriated under
such section for fiscal year 2001 shall be allocated in
accordance with section 1125.
``(b) Adjustments Where Necessitated by Appropriations.--
``(1) In general.--If the sums available under this part
for any fiscal year are insufficient to pay the full amounts
that all local educational agencies in States are eligible to
receive under sections 1124, 1124A, and 1125 for such year,
the Secretary shall ratably reduce the allocations to such
local educational agencies, subject to subsections (c) and
(d) of this section.
``(2) Additional funds.--If additional funds become
available for making payments under sections 1124, 1124A, and
1125 for such fiscal year, allocations that were reduced
under paragraph (1) shall be increased on the same basis as
they were reduced.
``(c) Hold-Harmless Amounts.--
``(1) Amounts for sections 1124 and 1125.--For each fiscal
year, the amount made available to each local educational
agency under each of sections 1124 and 1125 shall be--
``(A) not less than 95 percent of the amount made available
in the preceding fiscal year if the number of children
counted for grants under section 1124 is not less than 30
percent of the total number of children aged 5 to 17 years,
inclusive, in the local educational agency;
``(B) not less than 90 percent of the amount made available
in the preceding fiscal year if the percentage described in
subparagraph (A) is between 15 percent and 30 percent; and
``(C) not less than 85 percent of the amount made available
in the preceding fiscal year if the percentage described in
subparagraph (A) is below 15 percent.
``(2) Amount for section 1124a.--The amount made available
to each local educational agency under section 1124A shall be
not less than 85 percent of the amount made available in the
preceding fiscal year.
``(3) Payments.--If sufficient funds are appropriated, the
amounts described in paragraph (2) shall be paid to all local
educational agencies that received grants under section 1124A
for the preceding fiscal year, regardless of whether the
local educational agency meets the minimum eligibility
criteria for that fiscal year provided in section
1124A(a)(1)(A) except that a local educational agency that
does not meet such minimum eligibility criteria for 4
consecutive years shall no longer be eligible to receive a
hold harmless amount referred to in paragraph (2).
``(4) Population data.--In any fiscal year for which the
Secretary calculates grants on the basis of population data
for counties, the Secretary shall apply the hold harmless
percentages in paragraphs (1) and (2) to counties, and if the
Secretary's allocation for a county is not sufficient to meet
the hold-harmless requirements of this subsection for every
local educational agency within that county, the State
educational agency shall reallocate funds proportionately
from all other local educational agencies in the State that
are receiving funds in excess of the hold harmless amounts
specified in this subsection.
``(d) Ratable Reductions.--
``(1) In general.--If the sums made available under this
part for any fiscal year are insufficient to pay the full
amounts that all States are eligible to receive under
subsection (c) for such year, the Secretary shall ratably
reduce such amounts for such year.
``(2) Additional funds.--If additional funds become
available for making payments under subsection (c) for such
fiscal year, amounts that were reduced under paragraph (1)
shall be increased on the same basis as such amounts were
reduced.
``(e) Definition.--For the purpose of this section and
sections 1124, 1124A, and 1125, the term `State' means each
of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
``SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Amount of Grants.--
``(1) Grants for local educational agencies and puerto
rico.--Except as provided in paragraph (4) and in section
1126, the grant that a local educational agency is eligible
to receive under this section for a fiscal year is the amount
determined by multiplying--
``(A) the number of children counted under subsection (c);
and
``(B) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
subparagraph shall not be less than 32 percent or more than
48 percent, of the average per-pupil expenditure in the
United States.
``(2) Calculation of grants.--
``(A) Allocations to local educational agencies.--The
Secretary shall calculate grants under this section on the
basis of the number of children counted under subsection (c)
for local educational agencies, unless the Secretary and the
Secretary of Commerce determine that some or all of those
data are unreliable or that their use would be otherwise
inappropriate, in which case--
``(i) the 2 Secretaries shall publicly disclose the reasons
for their determination in detail; and
``(ii) paragraph (3) shall apply.
``(B) Allocations to large and small local educational
agencies.--(i) For any fiscal year in which this paragraph
applies, the Secretary shall calculate grants under this
section for each local educational agency.
``(ii) The amount of a grant under this section for each
large local educational agency shall be the amount determined
under clause (i).
``(iii) For small local educational agencies, the State
educational agency may either--
``(I) distribute grants under this section in amounts
determined by the Secretary under clause (i); or
``(II) use an alternative method approved by the Secretary
to distribute the portion of the
[[Page H2438]]
State's total grants under this section that is based on
those small agencies.
``(iv) An alternative method under clause (iii)(II) shall
be based on population data that the State educational agency
determines best reflect the current distribution of children
in poor families among the State's small local educational
agencies that meet the eligibility criteria of subsection
(b).
``(v) If a small local educational agency is dissatisfied
with the determination of its grant by the State educational
agency under clause (iii)(II), it may appeal that
determination to the Secretary, who shall respond not later
than 45 days after receipt of such appeal.
``(vi) As used in this subparagraph--
``(I) the term `large local educational agency' means a
local educational agency serving an area with a total
population of 20,000 or more; and
``(II) the term `small local educational agency' means a
local educational agency serving an area with a total
population of less than 20,000.
``(3) Allocations to counties.--
``(A) Calculation.--For any fiscal year to which this
paragraph applies, the Secretary shall calculate grants under
this section on the basis of the number of children counted
under section 1124(c) for counties, and State educational
agencies shall suballocate county amounts to local
educational agencies, in accordance with regulations issued
by the Secretary.
``(B) Direct allocations.--In any State in which a large
number of local educational agencies overlap county
boundaries, or for which the State believes it has data that
would better target funds than allocating them by county, the
State educational agency may apply to the Secretary for
authority to make the allocations under this part for a
particular fiscal year directly to local educational agencies
without regard to counties.
``(C) Assurances.--If the Secretary approves the State
educational agency's application under subparagraph (B), the
State educational agency shall provide the Secretary an
assurance that such allocations shall be made--
``(i) using precisely the same factors for determining a
grant as are used under this part; or
``(ii) using data that the State educational agency submits
to the Secretary for approval that more accurately target
poverty.
``(D) Appeal.--The State educational agency shall provide
the Secretary an assurance that it shall establish a
procedure through which a local educational agency that is
dissatisfied with its determinations under subparagraph (B)
may appeal directly to the Secretary for a final
determination.
``(4) Puerto rico.--
``(A) In general.--For each fiscal year, the grant which
the Commonwealth of Puerto Rico shall be eligible to receive
under this section shall be the amount determined by
multiplying the number of children counted under subsection
(c) for the Commonwealth of Puerto Rico by the product of--
``(i) the percentage which the average per-pupil
expenditure in the Commonwealth of Puerto Rico is of the
lowest average per-pupil expenditure of any of the 50 States;
and
``(ii) 32 percent of the average per-pupil expenditure in
the United States.
``(B) Minimum percentage.--The percentage in subparagraph
(A)(i) shall not be less than--
``(i) for fiscal year 2002, 77.5 percent;
``(ii) for fiscal year 2003, 80.0 percent;
``(iii) for fiscal year 2004, 82.5 percent; and
``(iv) for fiscal year 2005 and succeeding fiscal years,
85.0 percent.
``(C) Limitation.--If the application of subparagraph (B)
would result in any of the 50 States or the District of
Columbia receiving less under this part than it received
under this part for the preceding fiscal year, the percentage
in subparagraph (A) shall be the greater of the percentage in
subparagraph (A)(i) or the percentage used for the preceding
fiscal year.
``(5) Definition.--For purposes of this subsection, the
term `State' does not include Guam, American Samoa, the
Virgin Islands, and the Northern Mariana Islands.
``(b) Minimum Number of Children To Qualify.--A local
educational agency is eligible for a basic grant under this
section for any fiscal year only if the number of children
counted under subsection (c) for that agency is both--
``(1) 10 or more; and
``(2) more than 2 percent of the total school-age
population in the agency's jurisdiction.
``(c) Children To Be Counted.--
``(1) Categories of children.--The number of children to be
counted for purposes of this section is the aggregate of--
``(A) the number of children aged 5 to 17, inclusive, in
the school district of the local educational agency from
families below the poverty level as determined under
paragraph (2);
``(B) the number of children (determined under paragraph
(4) for either the preceding year as described in that
paragraph, or for the second preceding year, as the Secretary
finds appropriate) aged 5 to 17, inclusive, in the school
district of such agency in institutions for neglected and
delinquent children (other than such institutions operated by
the United States), but not counted pursuant to subpart 1 of
part D for the purposes of a grant to a State agency, or
being supported in foster homes with public funds; and
``(C) the number of children aged 5 to 17, inclusive, in
the school district of such agency from families above the
poverty level as determined under paragraph (4).
``(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 local educational agencies or
counties, published by the Department of Commerce, unless the
Secretary and the Secretary of Commerce determine that use of
the updated population data would be inappropriate or
unreliable. If the Secretary and the Secretary of Commerce
determine that some or all of the data referred to in this
paragraph are inappropriate or unreliable, they shall
publicly disclose their reasons. In determining the families
which are below the poverty level, the Secretary shall
utilize the criteria of poverty used by the Bureau of the
Census in compiling the most recent decennial census, in such
form as those criteria have been updated by increases in the
Consumer Price Index for all urban consumers, published by
the Bureau of Labor Statistics.
``(4) Other children to be counted.--For the purposes of
this section, the Secretary shall determine the number of
children aged 5 to 17, inclusive, from families above the
poverty level on the basis of the number of such children
from families receiving an annual income, in excess of the
current criteria of poverty, from payments under a State
program funded under part A of title IV of the Social
Security Act; and in making such determinations the Secretary
shall utilize the criteria of poverty used by the Bureau of
the Census in compiling the most recent decennial census for
a family of 4 in such form as those criteria have been
updated by increases in the Consumer Price Index for all
urban consumers, published by the Bureau of Labor Statistics.
The Secretary shall determine the number of such children and
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 subparagraph (A)
of this paragraph) in each school district, and the Secretary
is authorized to pay (either in advance or by way of
reimbursement) the Secretary of Commerce the cost of making
this special estimate. The Secretary of Commerce shall give
consideration to any request of the chief executive of a
State for the collection of additional census information.
``(d) State Minimum.--Notwithstanding section 1122, the
aggregate amount allotted for all local educational agencies
within a State may not be less than the lesser of--
``(1) 0.25 percent of total grants under this section; or
``(2) the average of--
``(A) one-quarter of 1 percent of the total amount
available for such fiscal year under this section; and
``(B) the number of children in such State counted under
subsection (c) in the fiscal year multiplied by 150 percent
of the national average per-pupil payment made with funds
available under this section for that year.
``SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
``(a) Eligibility for and Amount of Grants.--
``(1) In general.--(A) Except as otherwise provided in this
paragraph, each local educational agency, in a State other
than Guam, American Samoa, the Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, which is
eligible for a grant under section 1124 for any fiscal year
is eligible for an additional grant under this section for
that fiscal year if the number of children counted under
section 1124(c) in the agency exceeds either--
``(i) 6,500; or
``(ii) 15 percent of the total number of children aged 5
through 17 in the agency.
``(B) Notwithstanding section 1122, no State described in
subparagraph (A) shall receive less than the lesser of--
``(i) 0.25 percent of total grants; or
``(ii) the average of--
``(I) one-quarter of 1 percent of the sums available to
carry out this section for such fiscal year; and
``(II) the greater of--
[[Page H2439]]
``(aa) $340,000; or
``(bb) the number of children in such State counted for
purposes of this section in that fiscal year multiplied by
150 percent of the national average per-pupil payment made
with funds available under this section for that year.
``(2) Special rule.--For each county or local educational
agency eligible to receive an additional grant under this
section for any fiscal year the Secretary shall determine the
product of--
``(A) the number of children counted under section 1124(c)
for that fiscal year; and
``(B) the quotient resulting from the division of the
amount determined for those agencies under section 1124(a)(1)
for the fiscal year for which the determination is being made
divided by the total number of children counted under section
1124(c) for that agency for that fiscal year.
``(3) Amount.--The amount of the additional grant for which
an eligible local educational agency or county is eligible
under this section for any fiscal year shall be an amount
which bears the same ratio to the amount available to carry
out this section for that fiscal year as the product
determined under paragraph (2) for such local educational
agency for that fiscal year bears to the sum of such products
for all local educational agencies in the United States for
that fiscal year.
``(4) Local allocations.--(A) Grant amounts under this
section shall be determined in accordance with section
1124(a)(2) and (3).
``(B) For any fiscal year for which the Secretary allocates
funds under this section on the basis of counties, a State
may reserve not more than 2 percent of its allocation under
this section to make grants to local educational agencies
that meet the criteria of paragraph (1)(A)(i) or (ii) and are
in ineligible counties that do not meet these criteria.
``(b) States Receiving Minimum Grants.--In States that
receive the minimum grant under subsection (a)(1)(B), the
State educational agency shall allocate such funds among the
local educational agencies in each State either--
``(1) in accordance with paragraphs (2) and (4) of
subsection (a); or
``(2) based on their respective concentrations and numbers
of children counted under section 1124(c), except that only
those local educational agencies with concentrations or
numbers of children counted under section 1124(c) that exceed
the statewide average percentage of such children or the
statewide average number of such children shall receive any
funds on the basis of this paragraph.
``SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Eligibility of Local Educational Agencies.--A local
educational agency in a State is eligible to receive a
targeted grant under this section for any fiscal year if the
number of children in the local educational agency counted
under subsection 1124(c), before application of the weighting
factor described in subsection (c), is at least 10, and if
the number of children counted for grants under section 1124
is at least 5 percent of the total population aged 5 to 17
years, inclusive, in the local educational agency. For each
fiscal year for which the Secretary uses county population
data to calculate grants, funds made available as a result of
applying this subsection shall be reallocated by the State
educational agency to other eligible local educational
agencies in the State in proportion to the distribution of
other funds under this section.
``(b) Grants for Local Educational Agencies, the District
of Columbia, and Puerto Rico.--
``(1) In general.--The amount of the grant that a local
educational agency in a State or that the District of
Columbia is eligible to receive under this section for any
fiscal year shall be the product of--
``(A) the weighted child count determined under subsection
(c); and
``(B) the amount in paragraph 1124(a)(1)(B).
``(2) Puerto rico.--For each fiscal year, the amount of the
grant for which the Commonwealth of Puerto Rico is eligible
under this section shall be equal to the number of children
counted under subsection (c) for Puerto Rico, multiplied by
the amount determined in subparagraph 1124(a)(4).
``(c) Weighted Child Count.--
``(1) Weights for allocations to counties.--
``(A) In general.--For each fiscal year for which the
Secretary uses county population data to calculate grants,
the weighted child count used to determine a county's
allocation under this section is the larger of the 2 amounts
determined under clause (i) or (ii), as follows:
``(i) By percentage of children.--This amount is determined
by adding--
``(I) the number of children determined under section
1124(c) for that county constituting up to 15 percent,
inclusive, of the county's total population aged 5 to 17,
inclusive, multiplied by 1.0;
``(II) the number of such children constituting more than
15 percent, but not more than 19 percent, of such population,
multiplied by 1.75;
``(III) the number of such children constituting more than
19 percent, but not more than 24.20 percent, of such
population, multiplied by 2.5;
``(IV) the number of such children constituting more than
24.20 percent, but not more than 29.20 percent, of such
population, multiplied by 3.25; and
``(V) the number of such children constituting more than
29.20 percent of such population, multiplied by 4.0.
``(ii) By number of children.--This amount is determined by
adding--
``(I) the number of children determined under section
1124(c) constituting up to 2,311, inclusive, of the county's
total population aged 5 to 17, inclusive, multiplied by 1.0;
``(II) the number of such children between 2,312 and 7,913,
inclusive, in such population, multiplied by 1.5;
``(III) the number of such children between 7,914 and
23,917, inclusive, in such population, multiplied by 2.0;
``(IV) the number of such children between 23,918 and
93,810, inclusive, in such population, multiplied by 2.5; and
``(V) the number of such children in excess of 93,811 in
such population, multiplied by 3.0.
``(B) Puerto rico.--Notwithstanding subparagraph (A), the
weighted child count for Puerto Rico under this paragraph
shall not be greater than the total number of children
counted under subsection 1124(c) multiplied by 1.72.
``(2) Weights for allocations to local educational
agencies.--
``(A) In general.--For each fiscal year for which the
Secretary uses local educational agency data, the weighted
child count used to determine a local educational agency's
grant under this section is the larger of the 2 amounts
determined under clauses (i) and (ii), as follows:
``(i) By percentage of children.--This amount is determined
by adding--
``(I) the number of children determined under section
1124(c) for that local educational agency constituting up to
15.233 percent, inclusive, of the agency's total population
aged 5 to 17, inclusive, multiplied by 1.0;
``(II) the number of such children constituting more than
15.233 percent, but not more than 22.706 percent, of such
population, multiplied by 1.75;
``(III) the number of such children constituting more than
22.706 percent, but not more than 32.213 percent, of such
population, multiplied by 2.5;
``(IV) the number of such children constituting more than
32.213 percent, but not more than 41.452 percent, of such
population, multiplied by 3.25; and
``(V) the number of such children constituting more than
41.452 percent of such population, multiplied by 4.0.
``(ii) By number of children.--This amount is determined by
adding--
``(I) the number of children determined under section
1124(c) constituting up to 710, inclusive, of the agency's
total population aged 5 to 17, inclusive, multiplied by 1.0;
``(II) the number of such children between 711 and 2,384,
inclusive, in such population, multiplied by 1.5;
``(III) the number of such children between 2,385 and
9,645, inclusive, in such population, multiplied by 2.0;
``(IV) the number of such children between 9,646 and
54,600, inclusive, in such population, multiplied by 2.5; and
``(V) the number of such children in excess of 54,601 in
such population, multiplied by 3.0.
``(B) Puerto rico.--Notwithstanding subparagraph (A), the
weighted child count for Puerto Rico under this paragraph
shall not be greater than the total number of children
counted under section 1124(c) multiplied by 1.72.
``(d) Calculation of Grant Amounts.--Grants under this
section shall be calculated in accordance with section
1124(a)(2) and (3).
``(e) State Minimum.--Notwithstanding any other provision
of this section or section 1122, from the total amount
available for any fiscal year to carry out this section, each
State shall be allotted at least the lesser of--
``(1) 0.25 percent of total appropriations; or
``(2) the average of--
``(A) one-quarter of 1 percent of the total amount
available to carry out this section; and
``(B) 150 percent of the national average grant under this
section per child described in section 1124(c), without
application of a weighting factor, multiplied by the State's
total number of children described in section 1124(c),
without application of a weighting factor.
``SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
``(a) Allocations for Neglected Children.--
``(1) In general.--If a State educational agency determines
that a local educational agency in the State is unable or
unwilling to provide for the special educational needs of
children who are living in institutions for neglected
children as described in subparagraph (B) of section
1124(c)(1), the State educational agency shall, if such
agency assumes responsibility for the special educational
needs of such children, receive the portion of such local
educational agency's allocation under sections 1124, 1124A,
and 1125 that is attributable to such children.
``(2) Special rule.--If the State educational agency does
not assume such responsibility, any other State or local
public agency that does assume such responsibility shall
receive that portion of the local educational agency's
allocation.
``(b) Allocations Among Local Educational Agencies.--The
State educational agency may allocate the amounts of grants
under sections 1124, 1124A, and 1125 among the affected local
educational agencies--
``(1) if 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 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
[[Page H2440]]
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 1 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. 1128. SECULAR, NEUTRAL, AND NONIDEOLOGICAL.
``Any school that receives funds under this part shall
ensure that educational services or other benefits provided
under this part, including materials and equipment, shall be
secular, neutral, and nonideological.''.
PART B--STUDENT READING SKILLS IMPROVEMENT GRANTS
SEC. 111. READING FIRST; EARLY READING FIRST.
Part B of title I (20 U.S.C. 6361 et seq.) is amended--
(1) by striking the part heading and inserting the
following:
``PART B--STUDENT READING SKILLS IMPROVEMENT GRANTS'';
(2) by redesignating sections 1201 through 1212 as sections
1231 through 1242, respectively; and
(3) by inserting after the part heading the following:
``Subpart 1--Reading First
``SEC. 1201. FINDINGS.
``The Congress finds as follows:
``(1) The 2000 National Assessment of Educational Progress
found that 68 percent of fourth grade students in the United
States are reading below the proficient level.
``(2) According to the 2000 National Assessment of
Educational Progress report on reading, 63 percent of African
Americans, 58 percent of Hispanic Americans, 60 percent of
children living in poverty, and 47 percent of children in
urban schools scored `below basic' in reading.
``(3) More than \1/2\ of the students placed in special
education classes are identified as learning disabled and,
for as many as 80 percent of the students so identified,
reading is the primary difficulty.
``(4) It is estimated that, at a minimum, 10,000,000
children have difficulty learning to read. 10 to 15 percent
of those children eventually drop out of high school, and
only 2 percent complete a 4-year program at an institution of
higher education.
``(5) It is estimated that the number of children who are
typically identified as poor readers can be significantly
reduced through the implementation of early identification
and prevention programs that are based on scientifically
based reading research.
``(6) The report issued by the National Reading Panel in
2000 found that the course of reading instruction that
obtains maximum benefits for students includes explicit and
systematic instruction in phonemic awareness, phonics,
vocabulary development, reading fluency, and reading
comprehension strategies.
``SEC. 1202. PURPOSES.
``The purposes of this subpart are as follows:
``(1) To provide assistance to States and local educational
agencies in establishing reading programs for students in
grades kindergarten through 3 that are based on
scientifically based reading research, in order to ensure
that every student can read at grade level or above not later
than the end of the third grade.
``(2) To provide assistance to States and local educational
agencies in preparing teachers, including special education
teachers, through professional development and other support,
so the teachers can identify specific reading barriers facing
their students and so the teachers have the tools to
effectively help their students learn to read.
``(3) To provide assistance to States and local educational
agencies in selecting and administering rigorous diagnostic
reading and screening assessment tools that are valid and
reliable, document the effectiveness of this subpart in
improving the reading skills of students, and improve
classroom instruction.
``(4) To provide assistance to States and local educational
agencies in selecting or developing effective classroom
instructional materials, programs, and strategies to
implement scientific research-based methods that have been
proven to prevent or remediate reading failure.
``(5) To strengthen coordination among schools and early
literacy programs in order to improve reading achievement for
all children.
``SEC. 1203. FORMULA GRANTS TO STATES.
``(a) In General.--
``(1) Authorization to make grants.--In the case of each
State that in accordance with section 1204 submits to the
Secretary an application for a 5-year period, the Secretary,
subject to the application's approval, shall make a grant to
the State for the uses specified in subsections (c) and (d).
For each fiscal year, the funds provided under the grant
shall equal the allotment determined for the State under
subsection (b).
``(2) Duration of grants.--
``(A) In general.--Subject to subparagraph (B), a grant
under this section shall be awarded for a period of not more
than 5 years.
``(B) Interim review.--
``(i) Progress report.--
``(I) Submission.--Not later than 60 days after the
termination of the third year of the grant period, each State
receiving a grant under this section shall submit a progress
report to the Secretary.
``(II) Information included.--The progress report shall
include information on the progress the State, and local
educational agencies within the State, are making in reducing
the number of students served under this subpart in the first
and second grades who are reading below grade level, as
demonstrated by such information as teacher reports and
school evaluations of mastery of the essential components of
reading instruction. The report shall also include evidence
from the State and its local educational agencies that they
have significantly increased the number of students reading
at grade level or above, significantly increased the
percentages of students in ethnic, racial, and low-income
populations who are reading at grade level or above, and
successfully implemented this subpart.
``(ii) Peer review.--The progress report described in
clause (i) shall be reviewed by the peer review panel
convened under section 1204(c)(2).
``(iii) Consequences of insufficient progress.--After the
submission of the progress report described in clause (i), if
the Secretary determines that the State is not making
significant progress in meeting the purposes of this subpart,
the Secretary may withhold from the State, in whole or in
part, further payments under this section in accordance with
section 455 of the General Education Provisions Act (20
U.S.C. 1234d) or take such other action authorized by law as
the Secretary deems necessary, including providing technical
assistance upon request of the State.
``(b) Determination of Amount of Allotments.--
``(1) Reservations from appropriations.--From the total
amount made available under section 1002(b)(1) to carry out
this subpart for a fiscal year, the Secretary--
``(A) shall reserve \1/2\ of 1 percent for allotments for
the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, to be
distributed among these outlying areas on the basis of their
relative need, as determined by the Secretary in accordance
with the purposes of this subpart;
``(B) shall reserve \1/2\ of 1 percent for the Secretary of
the Interior for programs under this subpart in schools
operated or funded by the Bureau of Indian Affairs;
``(C) shall reserve not more than 3 percent or $30,000,000,
whichever is less, to carry out section 1206;
``(D) may reserve not more than 1 percent to carry out
section 1207; and
``(E) shall reserve $5,000,000 to carry out section 1208.
``(2) State allotments.--From the total amount made
available under section 1002(b)(1) to carry out this subpart
for a fiscal year and not reserved under paragraph (1), the
Secretary shall allot 80 percent under this section among
each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
``(3) Determination of state allotment amounts.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall allot the amount made available under
paragraph (2) for a fiscal year among the States described in
such paragraph in proportion to the number of children, aged
5 to 17, who reside within the State from families with
incomes below the poverty line (as defined by the Office of
Management and Budget and revised annually in accordance with
section 673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2)) applicable to a family of the size involved
for the most recent fiscal year for which satisfactory data
are available, compared to the number of such individuals who
reside in all such States for that fiscal year.
``(B) Exceptions.--
``(i) In general.--Subject to clause (ii), no State
receiving an allotment under subparagraph (A) may receive
less than \1/4\ of 1 percent of the total amount allotted
under such subparagraph.
``(ii) Puerto rico.--The percentage of the amount allotted
under subparagraph (A) that is allotted to the Commonwealth
of Puerto Rico for a fiscal year may not exceed the
percentage that was received by the Commonwealth of Puerto
Rico of the funds allocated to all States under subpart 2 of
part A for the preceding fiscal year.
``(4) Reallotment.--If a State described in paragraph (2)
does not apply for an allotment under this section for any
fiscal year, or if the State's application is not approved,
the Secretary shall reallot such amount to the remaining
States in accordance with paragraph (3).
``(c) Subgrants to Local Educational Agencies.--
``(1) Distribution of subgrants.--The Secretary may make a
grant to a State under this section only if the State agrees
to expend at least 80 percent of the amount of the funds
provided under the grant for the purpose of making, in
accordance with this subsection, competitive subgrants to
local educational agencies.
``(2) Notice.--A State receiving a grant under this section
shall provide notice to all local educational agencies in the
State of the availability of competitive subgrants under this
subsection and of the requirements for applying for the
subgrants.
``(3) Local applications.--To be eligible to receive a
subgrant under this subsection, a local educational agency
shall submit an application to the State at such time, in
such manner, and containing such information as the State may
reasonably require.
``(4) Limitation to certain local agencies.--A State
receiving a grant under this section may award subgrants
under this subsection only to local educational agencies--
``(A) that have the highest percentages of students in
grades kindergarten through 3 reading below grade level; and
``(B) that--
``(i) have jurisdiction over--
[[Page H2441]]
``(I) a geographic area that includes an area designated as
an empowerment zone, or an enterprise community, under part I
of subchapter U of chapter 1 of the Internal Revenue Code of
1986; or
``(II) a significant number of schools that are identified
for school improvement under section 1116(b); or
``(ii) are located in areas having the greatest numbers or
percentages of children aged 5 through 17 from low-income
families.
``(5) State requirement.--In distributing subgrant funds to
local educational agencies under this subsection, a State
shall provide funds in sufficient size and scope to enable
local educational agencies to improve reading instruction, as
determined by rigorous diagnostic reading and screening
assessment tools.
``(6) Limitation to certain schools.--In distributing
subgrant funds under this subsection, a local educational
agency may provide funds only to schools--
``(A) that have the highest percentages of students in
grades kindergarten through 3 reading below grade level; and
``(B) that--
``(i) are identified for school improvement under section
1116(b); or
``(ii) have the greatest numbers or percentages of children
aged 5 through 17 from low-income families.
``(7) Local uses of funds.--
``(A) Required uses.--Subject to paragraph (8), a local
educational agency that receives a subgrant under this
subsection shall use the funds provided under the subgrant to
carry out the following activities:
``(i) Selecting and administering rigorous diagnostic
reading and screening assessment tools.
``(ii) Selecting and implementing a program or programs of
classroom reading instruction based on scientifically based
reading research that--
``(I) includes the essential components of reading
instruction; and
``(II) provides such instruction to all children, including
children who--
``(aa) may have reading difficulties;
``(bb) are at risk of being referred to special education
based on these difficulties;
``(cc) have been evaluated under section 614 of the
Individuals with Disabilities Education Act but, in
accordance with section 614(b)(5) of such Act, have not been
identified as being a child with a disability (as defined in
section 602 of such Act);
``(dd) are being served under such Act primarily due to
being identified as being a child with a specific learning
disability (as defined in section 602 of such Act) related to
reading;
``(ee) are deficient in their phonemic awareness, phonics
skills, vocabulary development, oral reading fluency, or
comprehension strategies; or
``(ff) are identified as having limited English
proficiency.
``(iii) Procuring classroom instructional materials based
on scientifically based reading research.
``(iv) Providing professional development for teachers of
grades kindergarten through 3, and special education teachers
of grades kindergarten through 12, that--
``(I) will prepare these teachers in all of the essential
components of reading instruction;
``(II) shall include--
``(aa) information, instructional materials, programs,
strategies, and approaches based on scientifically based
reading research, including early intervention and classroom
reading materials and remedial programs and approaches; and
``(bb) instruction in the use of rigorous diagnostic
reading and screening assessment tools and other procedures
that effectively identify students who may be at risk for
reading failure or who are having difficulty reading;
``(III) shall be provided by eligible professional
development providers; and
``(IV) will assist teachers in becoming fully qualified in
accordance with the requirements of section 1119.
``(B) Optional uses.--Subject to paragraph (8), a local
educational agency that receives a subgrant under this
subsection may use the funds provided under the subgrant to
carry out the following activities:
``(i) Providing training to parents and other individuals
who volunteer to be reading tutors in the essential
components of reading instruction.
``(ii) Providing family literacy services, especially to
parents enrolled in participating schools, through the use of
library materials and reading programs, strategies, and
approaches that are based on scientifically based reading
research, to encourage reading and support their children's
reading development.
``(8) Local planning and administration.--A local
educational agency that receives a subgrant under this
subsection may use not more than 2 percent of the funds
provided under the subgrant for planning and administration.
``(d) Other State Uses of Funds.--
``(1) Professional development.--
``(A) In general.--A State that receives a grant under this
section may expend not more than 15 percent of the amount of
the funds provided under the grant--
``(i) to develop and implement a program of in-service
professional development for teachers of kindergarten through
third grade, and special education teachers of grades
kindergarten through 12, that--
``(I) will prepare these teachers in all of the essential
components of reading instruction;
``(II) shall include--
``(aa) information on interventions, instructional
materials, programs, and approaches based on scientifically
based reading research, including early intervention and
reading remediation materials, programs, and approaches; and
``(bb) instruction in the use of rigorous diagnostic
reading and screening assessment tools and other procedures
to improve instruction and effectively identify students who
may be at risk for reading failure or who are having
difficulty reading; and
``(III) shall be provided by eligible professional
development providers;
``(ii) to strengthen and enhance professional development
courses for students preparing, at all public institutions of
higher education in the State, to teach kindergarten through
third grades by--
``(I) reviewing such courses to determine whether their
content is consistent with the findings of the most current
scientifically based reading research, including findings on
the essential components of reading instruction;
``(II) following up such reviews with recommendations to
ensure that such institutions offer courses that meet the
highest standards; and
``(III) preparing a report on the results of such reviews,
submitting it to the reading and literacy partnership for the
State established under section 1204(d), and making it
available for public review via the Internet; and
``(iii) to make recommendations on how the State's
licensure and certification standards in the area of reading
might be improved.
``(B) Funds not used for professional development.--Any
portion of the funds described in subparagraph (A) that a
State does not expend in accordance with such subparagraph
shall be expended for the purpose of making subgrants in
accordance with subsection (c).
``(2) Other state-level activities.--A State that receives
a grant under this section may expend not more than 3 percent
of the amount of the funds provided under the grant for one
or more of the following authorized State activities:
``(A) Assisting local educational agencies in accomplishing
the tasks required to design and implement a classroom
reading program under this subpart, including--
``(i) selecting and implementing a program or programs of
classroom reading instruction based on scientifically based
reading research;
``(ii) selecting rigorous diagnostic reading and screening
assessment tools; and
``(iii) identifying eligible professional development
providers to help prepare reading teachers to teach students
using the programs and assessments described in clauses (i)
and (ii);
``(B) Providing to students in kindergarten through third
grades, through appropriate providers, reading instruction
that includes--
``(i) rigorous diagnostic reading and screening assessment
tools; and
``(ii) as need is indicated by such assessments,
instruction based on scientifically based reading research
that includes the essential components of reading
instruction.
``(3) Planning, administration, and reporting.--
``(A) In general.--A State that receives a grant under this
section shall expend not more than 2 percent of the amount of
the funds provided under the grant for the activities
described in this paragraph.
``(B) Planning and administration.--A State that receives a
grant under this section may expend funds described in
subparagraph (A) for--
``(i) planning and administration relating to the State
uses of funds authorized under this subpart, including
administering the distribution of competitive subgrants to
local educational agencies under this section and section
1205; and
``(ii) assessing and evaluating, on a regular basis, local
educational agency activities assisted under this subpart,
with respect to whether they have been effective in
increasing the number of children in first and second grades
served under this subpart who can read at or above grade
level.
``(C) Annual reporting.--
``(i) In general.--A State that receives a grant under this
section shall expend funds provided under the grant to
provide the Secretary annually with a report on the
implementation of this subpart. The report shall include
evidence that the State is fulfilling its obligations under
this subpart. The report shall include a specific
identification of those schools and local educational
agencies that report the largest gains in reading
achievement.
``(ii) Privacy protection.--Data in the report shall be set
forth in a manner that protects the privacy of individuals.
``(iii) Contract.--To the extent practicable, a State shall
enter into a contract with an entity that conducts
scientifically based reading research, under which contract
the entity will produce the reports required to be submitted
under this subparagraph.
``SEC. 1204. STATE FORMULA GRANT APPLICATIONS.
``(a) In General.--A State that desires to receive a grant
under section 1203 shall submit an application to the
Secretary at such time and in such form as the Secretary may
require. The application shall contain the information
described in subsection (b).
``(b) Contents.--An application under this section shall
contain the following:
``(1) An assurance that the Governor of the State, in
consultation with the State educational agency, has
established a reading and literacy partnership described in
subsection (d), and a description of how such partnership--
``(A) coordinated the development of the application; and
``(B) will assist in the oversight and evaluation of the
State's activities under this subpart.
``(2) An assurance that the State will submit to the
Secretary, at such time and in such manner as the Secretary
may reasonably require, a State plan containing a description
of a process--
``(A) to evaluate programs carried out by local educational
agencies under this subpart;
``(B) to assist local educational agencies in identifying
rigorous diagnostic reading and screening assessment tools;
and
[[Page H2442]]
``(C) to assist local educational agencies in identifying
interventions, and instructional materials, programs and
approaches, based on scientifically based reading research,
including early intervention and classroom reading materials
and remedial programs and approaches.
``(3) An assurance that the State, and local educational
agencies in the State, will participate in all national
evaluations under this subpart.
``(c) Approval of Applications.--
``(1) In general.--The Secretary, in consultation with the
peer review panel convened under paragraph (2), shall approve
an application of a State under this section if such
application meets the requirements of this section.
``(2) Peer review.--
``(A) In general.--The Secretary, in consultation with the
National Institute for Literacy, shall convene a panel to
evaluate applications under this section. At a minimum, the
panel shall include--
``(i) 3 individuals selected by the Secretary;
``(ii) 3 individuals selected by the National Institute for
Literacy;
``(iii) 3 individuals selected by the National Research
Council of the National Academy of Sciences; and
``(iv) 3 individuals selected by the National Institute of
Child Health and Human Development.
``(B) Experts.--The panel shall include experts who are
competent, by virtue of their training, expertise, or
experience, to evaluate applications under this section, and
experts who provide professional development to teachers of
reading to children and adults, and experts who provide
professional development to other instructional staff, based
on scientifically based reading research.
``(C) Recommendations.--The panel shall recommend grant
applications from States under this section to the Secretary
for funding or for disapproval.
``(d) Reading and Literacy Partnerships.--
``(1) In general.--In order for a State to receive a grant
under section 1203, the Governor of the State, in
consultation with the State educational agency, shall
establish a reading and literacy partnership.
``(2) Required participants.--The reading and literacy
partnership shall include the following participants:
``(A) The Governor of the State.
``(B) The chief State school officer.
``(C) The chairman and the ranking member of each committee
of the State legislature that is responsible for education
policy.
``(D) A representative, selected jointly by the Governor
and the chief State school officer, of at least one local
educational agency that is eligible to receive a subgrant
under section 1203.
``(E) A representative, selected jointly by the Governor
and the chief State school officer, of a community-based
organization working with children to improve their reading
skills, particularly a community-based organization using
tutors and scientifically based reading research.
``(F) State directors of appropriate Federal or State
programs with a strong reading component.
``(G) A parent of a public or private school student or a
parent who educates their child or children in their home,
selected jointly by the Governor and the chief State school
officer.
``(H) A teacher, who may be a special education teacher,
who successfully teaches reading and an instructional staff
member, selected jointly by the Governor and the chief State
school officer.
``(I) A family literacy service provider selected jointly
by the Governor and the chief state school officer.
``(3) Optional participants.--The reading and literacy
partnership may include additional participants, who shall be
selected jointly by the Governor and the chief State school
officer, and who may include a representative of--
``(A) an institution of higher education operating a
program of teacher preparation based on scientifically based
reading research in the State;
``(B) a local educational agency;
``(C) a private nonprofit or for-profit eligible
professional development provider providing instruction based
on scientifically based reading research;
``(D) an adult education provider;
``(E) a volunteer organization that is involved in reading
programs; or
``(F) a school library or a public library that offers
reading or literacy programs for children or families.
``SEC. 1205. DISCRETIONARY GRANTS TO STATES.
``(a) In General.--In the case of a State that, in
accordance with sections 1203 and 1204, has received approval
of an application for a 5-year formula grant, the Secretary
may make additional 2-year discretionary grants to the State
for the use specified in (d). For each fiscal year, the funds
provided under the discretionary grant shall equal the
allotment determined for the State under subsection (b).
``(b) Determination of Amount of Allotments.--From the
total amount made available under section 1002(b)(1) to carry
out this subpart for a fiscal year and not reserved under
paragraph (1), the Secretary, upon the recommendation of the
peer review panel convened under section 1204(c)(2), shall
allot 20 percent under this section among the States
described in subsection (a)--
``(1) for fiscal years 2002 and 2003, based upon a
determination of such States' relative likelihood of
effectively implementing a program under this subpart; and
``(2) for fiscal year 2004 and subsequent fiscal years,
based upon such States' applications under subsection (c).
``(c) State Discretionary Grant Applications.--
``(1) In general.--A State that desires to receive a grant
under this section for a grant period that includes any
fiscal year after fiscal year 2003 shall submit the
information described in paragraph (3) to the Secretary at
such time and in such form as the Secretary may require.
``(2) Peer review.--The peer review panel convened under
section 1204(c)(2) shall review the information submitted
under this subsection. The panel shall recommend such
applications to the Secretary for funding or for disapproval.
``(3) Information.--The information described in this
paragraph is the following:
``(A) An assurance that the State will award competitive
subgrants to local educational agencies consistent with
subsection (d)(4).
``(B) An assurance that the State will ensure that local
educational agencies that receive a subgrant under subsection
(d) use the funds provided under the subgrant in accordance
with subsection (d)(5).
``(C) Evidence that the State has increased significantly
the percentage of students reading at grade level or above.
``(D) Evidence that the State has been successful in
increasing the percentage of students in ethnic, racial, and
low-income populations who are reading at grade level or
above.
``(E) Any additional evidence that demonstrates success in
the implementation of this subpart.
``(d) Subgrants to Local Educational Agencies.--
``(1) In general.--The Secretary may make a grant to a
State under this section only if the State agrees to expend
100 percent of the amount of the funds provided under the
grant for the purpose of making competitive subgrants in
accordance with this subsection to local educational
agencies.
``(2) Notice.--A State receiving a grant under this section
shall provide notice to all local educational agencies in the
State of the availability of competitive subgrants under this
subsection and of the requirements for applying for the
subgrants.
``(3) Application.--To be eligible to receive a subgrant
under this subsection, a local educational agency shall
submit an application to the State at such time, in such
manner, and containing such information as the State may
reasonably require.
``(4) Distribution.--
``(A) In general.--A State shall distribute subgrants under
this section through a competitive process based on relative
need and the evidence described in this paragraph.
``(B) Evidence used in all years.--For all fiscal years, a
State shall distribute subgrants under this section based on
evidence that a local educational agency--
``(i) satisfies the requirements of section 1203(c)(4);
``(ii) will carry out its obligations under this subpart,
particularly paragraph (5); and
``(iii) will work with other local educational agencies in
the State that have not received a subgrant under this
subsection to assist such non-receiving agencies in
increasing the reading achievement of students.
``(C) Evidence used in fiscal years after 2003.--For fiscal
year 2004 and subsequent fiscal years, a State shall
distribute subgrants under this section based on the evidence
described in subparagraph (B) and, in addition, evidence that
a local educational agency--
``(i) has significantly increased the percentage of all
students reading at grade level or above;
``(ii) has significantly increased the percentage of
students in ethnic, racial, and low-income populations who
are reading at grade level or above; and
``(iii) has demonstrated success in the implementation of
this subpart.
``(5) Local uses of funds.--A local educational agency that
receives a subgrant under this subsection--
``(A) shall use the funds provided under the subgrant to
carry out the activities described in section 1203(c)(7)(A);
and
``(B) may use such funds to carry out the activities
described in section 1203(c)(7)(B).
``(e) Definition.--For purposes of this section, the term
`State' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
``SEC. 1206. EXTERNAL EVALUATION.
``(a) In General.--From funds reserved under section
1203(b)(1)(C), the Secretary shall contract with an
independent outside organization for a 5-year, rigorous,
scientifically valid, quantitative evaluation of this
subpart.
``(b) Process.--Such evaluation shall be conducted by an
organization outside of the Department that is capable of
designing and carrying out an independent evaluation that
identifies the effects of specific activities carried out by
States and local educational agencies under this subpart on
improving reading instruction. Such evaluation shall use only
data relating to students served under this subpart and shall
take into account factors influencing student performance
that are not controlled by teachers or education
administrators.
``(c) Analysis.--Such evaluation shall include the
following:
``(1) An analysis of the relationship between each of the
essential components of reading instruction and overall
reading proficiency.
``(2) An analysis of whether assessment tools used by
States and local educational agencies measure the essential
components of reading instruction.
``(3) An analysis of how State reading standards correlate
with the essential components of reading instruction.
``(4) An analysis of whether the receipt of a discretionary
grant under section 1205 results in an increase in the number
of children who read proficiently.
``(5) A measurement of the extent to which specific
instructional materials improve reading proficiency.
[[Page H2443]]
``(6) A measurement of the extent to which specific
rigorous diagnostic reading and screening assessment tools
assist teachers in identifying specific reading deficiencies.
``(7) A measurement of the extent to which professional
development programs implemented by States using funds
received under this subpart improve reading instruction.
``(8) A measurement of how well students preparing to enter
the teaching profession are prepared to teach the essential
components of reading instruction.
``(9) An analysis of changes in students' interest in
reading and time spent reading outside of school.
``(10) Any other analysis or measurement pertinent to this
subpart that is determined to be appropriate by the
Secretary.
``(d) Program Improvement.--The findings of the evaluation
conducted under this section shall be provided to States and
local educational agencies on a periodic basis for use in
program improvement.
``SEC. 1207. NATIONAL ACTIVITIES.
``From funds reserved under section 1203(b)(1)(D), the
Secretary may provide technical assistance in achieving the
purposes of this subpart to States, local educational
agencies, and schools requesting such assistance.
``SEC. 1208. INFORMATION DISSEMINATION.
``(a) In General.--From funds reserved under section
1203(b)(1)(E), the National Institute for Literacy, in
collaboration with the Secretary of Education, the Secretary
of Health and Human Services, and the Director of the
National Institute for Child Health and Human Development--
``(1) shall disseminate information on scientifically based
reading research pertaining to children, youth, and adults;
``(2) shall identify and disseminate information about
schools, local educational agencies, and States that
effectively developed and implemented classroom reading
programs that meet the requirements of this subpart,
including those effective States, local educational agencies,
and schools identified through the evaluation and peer review
provisions of this subpart; and
``(3) shall support the continued identification and
dissemination of information on reading programs that contain
the essential components of reading instruction as supported
by scientifically based reading research, that can lead to
improved reading outcomes for children, youth, and adults.
``(b) Dissemination.--
``(1) In general.--At a minimum, the National Institute for
Literacy shall disseminate such information to--
``(A) recipients of Federal financial assistance under part
A of this title, part A of title III, the Head Start Act, the
Individuals with Disabilities Education Act, and the Adult
Education and Family Literacy Act; and
``(B) each Bureau funded school (as defined in section
1141(3) of the Education Amendments of 1978).
``(2) Use of existing networks.--In carrying out this
section, the National Institute for Literacy shall, to the
extent practicable, utilize existing information and
dissemination networks developed and maintained through other
public and private entities.
``SEC. 1209. DEFINITIONS.
``For purposes of this subpart:
``(1) Eligible professional development provider.--The term
`eligible professional development provider' means a provider
of professional development in reading instruction to
teachers, including special education teachers, that is based
on scientifically based reading research.
``(2) Essential components of reading instruction.--The
term `essential components of reading instruction' means
explicit and systematic instruction in--
``(A) phonemic awareness;
``(B) phonics;
``(C) vocabulary development;
``(D) oral reading fluency; and
``(E) reading comprehension strategies.
``(3) Instructional staff.--The term `instructional
staff'--
``(A) means individuals who have responsibility for
teaching children to read; and
``(B) includes principals, teachers, supervisors of
instruction, librarians, library school media specialists,
teachers of academic subjects other than reading, and other
individuals who have responsibility for assisting children to
learn to read.
``(4) Reading.--The term `reading' means a complex system
of deriving meaning from print that requires all of the
following:
``(A) The skills and knowledge to understand how phonemes,
or speech sounds, are connected to print.
``(B) The ability to decode unfamiliar words.
``(C) The ability to read fluently.
``(D) Sufficient background information and vocabulary to
foster reading comprehension.
``(E) The development of appropriate active strategies to
construct meaning from print.
``(F) The development and maintenance of a motivation to
read.
``(5) Rigorous diagnostic reading and screening assessment
tools.--The term `rigorous diagnostic reading and screening
assessment tools' means assessments that--
``(A) are valid, reliable, and based on scientifically
based reading research;
``(B) measure progress in developing phonemic awareness and
phonics skills, vocabulary, reading fluency, and reading
comprehension;
``(C) identify students who may be at risk for reading
failure or who are having difficulty reading; and
``(D) are used to improve instruction.
``(6) Scientifically based reading research.--The term
`scientifically based reading research'--
``(A) means the application of rigorous, systematic, and
objective procedures to obtain valid knowledge relevant to
reading development, reading instruction, and reading
difficulties; and
``(B) shall include research that--
``(i) employs systematic, empirical methods that draw on
observation or experiment;
``(ii) involves rigorous data analyses that are adequate to
test the stated hypotheses and justify the general
conclusions drawn;
``(iii) relies on measurements or observational methods
that provide valid data across evaluators and observers and
across multiple measurements and observations; and
``(iv) has been accepted by a peer-reviewed journal or
approved by a panel of independent experts through a
comparably rigorous, objective, and scientific review.
``Subpart 2--Early Reading First
``SEC. 1221. PURPOSES.
``The purposes of this subpart are as follows:
``(1) To improve prereading skills in children aged 3
through 5, particularly children from low-income families, in
high-quality oral language and literature-rich environments.
``(2) To provide professional development for early
childhood teachers that prepares them with scientific
research-based knowledge of early reading development to
assist in developing the children's--
``(A) automatic recognition of the letters of the alphabet;
``(B) understanding that spoken words are made up of small
segments of speech sounds and that certain letters regularly
represent such speech sounds;
``(C) spoken vocabulary and oral comprehension abilities;
and
``(D) understanding of semiotic concepts.
``(3) To use scientific research-based screening tools or
other appropriate measures to determine whether preschool
children are developing the skills identified in this
section.
``(4) To identify and provide scientific research-based
prereading language and literacy activities and instructional
materials that can be used to assist in the development of
prereading skills in children.
``(5) To integrate such scientific research-based
instructional materials and literacy activities with existing
programs of preschools, child care agencies, and Head Start
centers, and with family literacy services.
``SEC. 1222. LOCAL EARLY READING FIRST GRANTS.
``(a) Program Authorized.--From amounts appropriated under
section 1002(b)(2), the Secretary shall make awards, on a
competitive basis and for periods of not more than 5 years,
to eligible applicants to enable such applicants to carry out
activities that are consistent with the purposes of this
subpart.
``(b) Definition of Eligible Applicant.--In this subpart,
the term `eligible applicant' means--
``(1) a local educational agency;
``(2) one or more public or private organizations, acting
on behalf of one or more programs that serve children aged 3
through 5 (such as a program at a child care agency or Head
Start center or a family literacy program), which
organizations shall be located in a community served by a
local educational agency; or
``(3) one or more local educational agencies in
collaboration with one or more organizations described in
paragraph (2).
``(c) Applications.--An eligible applicant that desires to
receive a grant under this subpart shall submit an
application to the Secretary, which shall include a
description of--
``(1) the programs to be served by the proposed project,
including general demographic and socioeconomic information
on the communities in which the proposed project will be
administered;
``(2) how the proposed project will enhance the school
readiness of children aged 3 through 5 in high-quality oral
language and literature-rich environments;
``(3) how the proposed project will provide early childhood
teachers with scientific research-based knowledge of early
reading development and assist such teachers in developing
the children's prereading skills;
``(4) how the proposed project will provide services and
utilize instructional materials that are based on
scientifically based reading research on early language
acquisition, prereading activities, and the development of
spoken vocabulary skills;
``(5) how the proposed project will integrate such
instructional materials and literacy activities with existing
preschool programs and family literacy services;
``(6) how the proposed project will help staff in the
programs to meet the diverse needs of children in the
community, including children with limited English
proficiency and children with learning disabilities;
``(7) how the proposed project will help children,
particularly children experiencing difficulty with spoken
language, prereading, and early reading skills, to make the
transition from preschool to formal classroom instruction in
school;
``(8) how the activities conducted under this subpart will
be coordinated with the eligible applicant's activities under
subpart 1, if the applicant has received a subgrant under
such subpart, at the kindergarten through third grade levels;
``(9) how the proposed project will evaluate the success of
the activities supported under this subpart in enhancing the
early language and reading development of children served by
the project; and
``(10) such other information as the Secretary may require.
``(d) Approval of Local Applications.--The Secretary shall
select applicants for funding under this subpart based on the
quality of the applications and the recommendations of the
[[Page H2444]]
peer review panel convened under section 1204(c)(2).
``(e) Local Uses of Funds.--
``(1) Required activities.--An eligible applicant that
receives a grant under this subpart shall use the funds
provided under the grant to carry out the following
activities:
``(A) Providing children aged 3 through 5 with high-quality
oral language and literature-rich environments in which to
acquire prereading skills.
``(B) Providing professional development for early
childhood teachers that prepares them with scientific
research-based knowledge of early reading development to
assist in developing the children's--
``(i) automatic recognition of the letters of the alphabet;
``(ii) understanding that spoken words are made up of small
segments of speech sounds and that certain letters regularly
represent such speech sounds;
``(iii) spoken vocabulary and oral comprehension abilities;
and
``(iv) understanding of semiotic concepts.
``(C) Identifying and providing scientific research-based
prereading language and literacy activities and instructional
materials for use in developing the children's--
``(i) automatic recognition of the letters of the alphabet;
``(ii) understanding that spoken words are made up of small
segments of speech sounds and that certain letters regularly
represent such speech sounds;
``(iii) spoken vocabulary and oral comprehension abilities;
and
``(iv) understanding of semiotic concepts.
``(2) Optional activities.--An eligible applicant that
receives a grant under this subpart may use the funds
provided under the grant to carry out the following
activities:
``(A) Using scientific research-based screening tools or
other appropriate measures to determine whether preschool
children are developing the skills identified in this
subsection.
``(B) Integrating such instructional materials and literacy
activities with programs of existing child care agencies,
preschools, and Head Start centers, and with family literacy
services.
``(f) Award Amounts.--The Secretary may establish a maximum
award amount, or ranges of award amounts, for grants under
this subpart.
``SEC. 1223. FEDERAL ADMINISTRATION.
``The Secretary shall consult with the Secretary of Health
and Human Services in order to coordinate the activities
undertaken under this subpart with programs under the Head
Start Act (42 U.S.C. 9831 et seq.).
``SEC. 1224. REPORTING REQUIREMENTS.
``Each eligible applicant receiving a grant under this
subpart shall report annually to the Secretary regarding the
eligible applicant's progress in addressing the purposes of
this subpart.
``SEC. 1225. EVALUATION.
``From the total amount made available under section
1002(b)(2) for the period beginning October 1, 2002, and
ending September 30, 2006, the Secretary shall reserve not
more than $1,000,000 to conduct an independent evaluation of
the effectiveness of this subpart.
``SEC. 1226. ADDITIONAL RESEARCH.
``From the amount made available under section 1002(b)(2)
for each of the fiscal years 2002 through 2006, the Secretary
shall reserve not more than $3,000,000 to conduct, in
consultation with the National Institute for Child Health and
Human Development, the National Institute for Literacy, and
the Department of Health and Human Services, additional
research on language and literacy development for children
aged 3 through 5.''.
SEC. 112. AMENDMENTS TO EVEN START.
Part B of title I (20 U.S.C. 6361 et seq.), as amended by
section 111, is further amended--
(1) by inserting before section 1231 (as so redesignated by
section 111) the following:
``Subpart 3--William F. Goodling Even Start Family Literacy Programs'';
(2) in each of sections 1231 through 1242 (as so
redesignated by section 111)--
(A) by striking ``this part'' each place such term appears
and inserting ``this subpart''; and
(B) by striking ``1002(b)'' each place such term appears
and inserting ``1002(b)(3)'';
(3) in section 1231(4), by striking ``2252)'' and inserting
``1209)'';
(4) in section 1232--
(A) in subsection (b)--
(i) in paragraph (1)(A), by striking ``1209;'' and
inserting ``1239;''; and
(ii) in paragraph (2), by striking ``1211(b)'' each place
such term appears and inserting ``1241(b)''; and
(B) in subsection (c)--
(i) by amending paragraph (2)(C) to read as follows:
``(C) Coordination with subpart 1.--The consortium shall
coordinate its activities with the activities of the reading
and literacy partnership for the State established under
section 1204(d), if the State receives a grant under section
1203.''; and
(ii) in paragraph (3), by striking ``2252).'' and inserting
``1209).'';
(5) in section 1233--
(A) by striking ``1202(d)(1)'' each place such term appears
and inserting ``1232(d)(1)''; and
(B) by striking ``1210.'' and inserting ``1240.'';
(6) in section 1234--
(A) in subsection (b)--
(i) in paragraph (1)(A), by moving the margins of clauses
(v) and (vi) 2 ems to the right; and
(ii) in paragraph (3), by striking ``1202(a)(1)(C)'' and
inserting ``1232(a)(1)(C)''; and
(B) in subsection (c)--
(i) in paragraph (1)--
(I) by striking ``1203(a),'' and inserting ``1233(a),'';
and
(II) by striking ``1203(b)'' and inserting ``1233(b)''; and
(ii) in paragraph (2), by striking ``1210.'' and inserting
``1240.'';
(7) in section 1235--
(A) in paragraph (10), by striking ``2252)'' and inserting
``1209)'';
(B) in paragraph (12), by striking ``2252),'' and inserting
``1209),''; and
(C) in paragraph (15), by striking ``program.'' and
inserting ``program to be used for program improvement.'';
(8) in section 1237--
(A) in subsection (c)(1)--
(i) in subparagraph (B), by striking ``1205;'' and
inserting ``1235;''; and
(ii) in subparagraph (F), by striking ``14306;'' and
inserting ``8306;''; and
(B) in subsection (d), by striking ``14302.'' and inserting
``8302.'';
(9) in section 1238--
(A) in subsection (a)(1)--
(i) in subparagraph (A)(ii), by striking ``1205;'' and
inserting ``1235;''; and
(ii) in subparagraph (F), by striking ``1204(b);'' and
inserting ``1234(b);''; and
(B) in subsection (b)--
(i) in paragraph (3)--
(I) by striking ``1207(c)(1)(A)'' and inserting
``1237(c)(1)(A)''; and
(II) by striking ``1210.'' and inserting ``1240.'';
(ii) in paragraph (4), by striking ``1210,'' and inserting
``1240,''; and
(iii) in paragraph (5)(B), by striking ``1204(b).'' and
inserting ``1234(b).'';
(10) in section 1239--
(A) by striking ``1202(b)(1),'' and inserting
``1232(b)(1),''; and
(B) by striking ``1205(10)'' and inserting ``1235(10)'';
and
(11) in section 1241--
(A) in subsection (b)(1)--
(i) by striking ``1202(b)(2),'' and inserting
``1232(b)(2),''; and
(ii) by striking ``2252);'' and inserting ``1209);''; and
(B) in subsection (c), by striking ``2258,'' and inserting
``1208,''.
SEC. 113. INEXPENSIVE BOOK DISTRIBUTION PROGRAM.
(a) Transfer and Redesignation.--Part E of title X (20
U.S.C. 8131) is transferred and redesignated as subpart 4 of
part B of title I. Section 10501 is redesignated as section
1251.
(b) Purpose.--Section 1251 (as so redesignated) is
amended--
(1) by striking subsection (e);
(2) by redesignating subsection (d) as subsection (g);
(3) by redesignating subsections (a) through (c) as
subsections (b) through (d), respectively; and
(4) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Purpose.--The purpose of this program is to establish
and implement a model partnership between a governmental
entity and a private entity, to help prepare young children
for reading, and motivate older children to read, through the
distribution of inexpensive books. Local reading motivation
programs assisted under this section shall use such
assistance to provide books, training for volunteers,
motivational activities, and other essential literacy
resources, and shall assign the highest priority to serving
the youngest and neediest children in the United States.''.
(c) Authorization.--Section 1251(b) (as so redesignated) is
amended by striking ``books to students, that motivate
children to read.'' and inserting ``books to young and
school-aged children that motivate them to read.''.
(d) Requirements of Contract.--Section 1251(c) (as so
redesignated) is amended--
(1) in the matter preceding paragraph (1), by striking
``subsection (a)'' and inserting ``subsection (b)''; and
(2) in paragraph (4), by inserting ``training and'' before
``technical''.
(e) Special Rules for Certain Subcontractors; Multi-year
Contracts.--Section 1251 (as so redesignated) is amended by
inserting after subsection (d) the following:
``(e) Special Rules for Certain Subcontractors.--
``(1) Funds from other federal sources.--Subcontractors
operating programs under this section in low-income
communities with a substantial number or percentage of
children with special needs, as described in subsection
(c)(3), may use funds from other Federal sources to pay the
non-Federal share of the cost of the program, if those funds
do not comprise more than 50 percent of the non-Federal share
of the funds used for the cost of acquiring and distributing
books.
``(2) Waiver Authority.--Notwithstanding subsection (c),
the contractor may waive, in whole or in part, the
requirement in subsection (c)(1) for a subcontractor, if the
subcontractor demonstrates that it would otherwise not be
able to participate in the program, and enters into an
agreement with the contractor with respect to the amount of
the non-Federal share to which the waiver will apply. In a
case in which such a waiver is granted, the requirement in
subsection (c)(2) shall not apply.
``(f) Multi-year Contracts.--The contractor may enter into
a multi-year subcontract under this section, if--
``(1) the contractor believes that such subcontract will
provide the subcontractor with additional leverage in seeking
local commitments; and
``(2) the subcontract does not undermine the finances of
the national program.''.
(f) Continuation of Awards.--Notwithstanding any other
provision of this Act, any person or agency that was awarded
a contract under part E of title X (20 U.S.C. 8131) prior to
[[Page H2445]]
the date of the enactment of this Act shall continue to
receive funds in accordance with the terms of such contract
until the date on which the contract period terminates under
such terms.
PART C--EDUCATION OF MIGRATORY CHILDREN
SEC. 121. STATE ALLOCATIONS.
Section 1303 (20 U.S.C. 6393) is amended--
(1) by amending subsection (a) to read as follows:
``(a) State Allocations.--
``(1) Fiscal year 2002.--For fiscal year 2002, each State
(other than the Commonwealth of Puerto Rico) is entitled to
receive under this part an amount equal to--
``(A) the sum of the estimated number of migratory children
aged three through 21 who reside in the State full time and
the full-time equivalent of the estimated number of migratory
children aged three through 21 who reside in the State part
time, as determined in accordance with subsection (d);
multiplied by
``(B) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
paragraph shall not be less than 32 percent, nor more than 48
percent, of the average expenditure per pupil in the United
States.
``(2) Subsequent years.--
``(A) Base amount.--
``(i) In general.--Except as provided in subsection (b) and
clause (ii), each State (other than the Commonwealth of
Puerto Rico) is entitled to receive under this part, for
fiscal year 2003 and succeeding fiscal years, an amount equal
to--
``(I) the amount that such State received under this part
for fiscal year 2002; plus
``(II) the amount allocated to the State under subparagraph
(B).
``(ii) Nonparticipating states.--In the case of a State
(other than the Commonwealth of Puerto Rico) that did not
receive any funds for fiscal year 2002 under this part, the
State shall receive, for fiscal year 2003 and succeeding
fiscal years, an amount equal to--
``(I) the amount that such State would have received under
this part for fiscal year 2002 if its application under
section 1304 for the year had been approved; plus
``(II) the amount allocated to the State under subparagraph
(B).
``(B) Allocation of additional amount.--For fiscal year
2003 and succeeding fiscal years, the amount (if any) by
which the funds appropriated to carry out this part for the
year exceed such funds for fiscal year 2002 shall be
allocated to a State (other than the Commonwealth of Puerto
Rico) so that the State receives an amount equal to--
``(i) the sum of--
``(I) the number of identified eligible migratory children,
aged 3 through 21, residing in the State during the previous
year; and
``(II) the number of identified eligible migratory
children, aged 3 through 21, who received services under this
part in summer or intersession programs provided by the State
during such year; multiplied by
``(ii) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
clause may not be less than 32 percent, or more than 48
percent, of the average per-pupil expenditure in the United
States.'';
(2) by amending subsection (b) to read as follows:
``(b) Allocation to Puerto Rico.--
``(1) In general.--For each fiscal year, the grant which
the Commonwealth of Puerto Rico shall be eligible to receive
under this part shall be the amount determined by multiplying
the number of children counted under subsection (a)(1)(A) for
the Commonwealth of Puerto Rico by the product of--
``(A) the percentage which the average per pupil
expenditure in the Commonwealth of Puerto Rico is of the
lowest average per pupil expenditure of any of the 50 States;
and
``(B) 32 percent of the average per pupil expenditure in
the United States.
``(2) Minimum percentage.--The percentage in paragraph
(1)(A) shall not be less than--
``(A) for fiscal year 2002, 77.5 percent;
``(B) for fiscal year 2003, 80.0 percent;
``(C) for fiscal year 2004, 82.5 percent; and
``(D) for fiscal year 2005 and succeeding fiscal years,
85.0 percent.
``(3) Limitation.--If the application of paragraph (2)
would result in any of the 50 States or the District of
Columbia receiving less under this part than it received
under this part for the preceding fiscal year, the percentage
in paragraph (1) shall be the greater of the percentage in
paragraph (1)(A) or the percentage used for the preceding
fiscal year.''; and
(3) by striking subsection (d) and redesignating subsection
(e) as subsection (d).
SEC. 122. STATE APPLICATIONS; SERVICES.
(a) Program Information.--Section 1304(b) (20 U.S.C.
6394(b)) is amended--
(1) in paragraph (1), by striking ``addressed through'' and
all that follows through the semicolon at the end and
inserting the following:
``addressed through--
``(A) the full range of services that are available for
migratory children from appropriate local, State, and Federal
educational programs;
``(B) joint planning among local, State, and Federal
educational programs serving migrant children, including
programs under part A of title III;
``(C) the integration of services available under this part
with services provided by those other programs; and
``(D) measurable program goals and outcomes;''; and
(2) in paragraph (5), by striking ``the requirements of
paragraph (1);'' and inserting ``the numbers and needs of
migratory children, the requirements of subsection (d), and
the availability of funds from other Federal, State, and
local programs;''.
(b) Assurances.--Section 1304(c) (20 U.S.C. 6394(c)) is
amended--
(1) in paragraph (1), by striking ``1306(b)(1);'' and
inserting ``1306(a);'';
(2) in paragraph (2), by striking ``part F;'' and inserting
``part H;''
(3) in paragraph (3)--
(A) by striking ``appropriate'';
(B) by striking ``out, to the extent feasible,'' and
inserting ``out''; and
(C) by striking ``1118;'' and inserting ``1118, unless
extraordinary circumstances make implementation consistent
with such section impractical;''; and
(4) in paragraph (7), by striking ``section 1303(e)'' and
inserting ``paragraphs (1)(A) and (2)(B)(i) of section
1303(a)''.
SEC. 123. AUTHORIZED ACTIVITIES.
Section 1306 (20 U.S.C. 6396) is amended to read as
follows:
``SEC. 1306. AUTHORIZED ACTIVITIES.
``(a) In General.--
``(1) Flexibility.--Each State educational agency, through
its local educational agencies, shall have the flexibility to
determine the activities to be provided with funds made
available under this part, except that such funds shall first
be used to meet the identified needs of migratory children
that result from their migratory lifestyle, and to permit
these children to participate effectively in school.
``(2) Unaddressed needs.--Funds provided under this part
shall be used to address the needs of migratory children that
are not addressed by services available from other Federal or
non-Federal programs, except that migratory children who are
eligible to receive services under part A of this title may
receive those services through funds provided under that
part, or through funds under this part that remain after the
agency addresses the needs described in paragraph (1).
``(b) Construction.--Nothing in this part shall be
construed to prohibit a local educational agency from serving
migratory children simultaneously with students with similar
educational needs in the same educational settings, where
appropriate.
``(c) Special Rule.--Notwithstanding section 1114, a school
that receives funds under this part shall continue to address
the identified needs described in subsection (a)(1).''.
SEC. 124. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.
(a) Duration.--Section 1308(a)(2) (20 U.S.C. 6398(a)(2)) is
amended by striking ``subpart'' and inserting ``subsection''.
(b) Student Records.--Section 1308(b) (20 U.S.C. 6398(b))
is amended to read as follows:
``(b) Student Records.--
``(1) Assistance.--The Secretary shall assist States in
developing effective methods for the transfer of student
records and in determining the number of migratory children
in each State. The Secretary, in consultation with the
States, shall determine the minimum data elements that each
State receiving funds under this part shall collect and
maintain. The Secretary shall assist States to implement a
system of linking their student record transfer systems for
the purpose of electronic records maintenance and transfer
for migrant students.
``(2) No cost for certain transfers.--A State educational
agency or local educational agency receiving assistance under
this part shall make student records available to another
State or local educational agency that requests the records
at no cost to the requesting agency, if the request is made
in order to meet the needs of a migratory child.''.
(c) Availability of Funds.--Section 1308(c) (20 U.S.C.
6398(c)) is amended by striking ``$6,000,000'' and inserting
``$10,000,000''.
(d) Incentive Grants.--Section 1308(d) (20 U.S.C. 6398(d))
is amended to read as follows:
``(d) Incentive Grants.--From the amounts made available to
carry out this section for any fiscal year, the Secretary may
reserve not more than $3,000,000 to award grants of not more
than $250,000 on a competitive basis to State educational
agencies that propose a consortium arrangement with another
State or other appropriate entity that the Secretary
determines, pursuant to criteria that the Secretary shall
establish, will improve the delivery of services to migratory
children whose education is interrupted.''.
PART D--NEGLECTED OR DELINQUENT YOUTH
SEC. 131. NEGLECTED OR DELINQUENT YOUTH.
The heading for part D of title I is amended to read as
follows:
``PART D--PREVENTION AND INTERVENTION PROGRAMS FOR NEGLECTED OR
DELINQUENT CHILDREN AND YOUTH''.
SEC. 132. FINDINGS.
Section 1401(a) (20 U.S.C. 6421(a)) is amended by striking
paragraphs (6) through (9) and inserting the following:
``(6) Youth returning from correctional facilities need to
be involved in programs that provide them with high-level
skills and other support to help them stay in school and
complete their education.
``(7) Pregnant and parenting teenagers are a high-at-risk
group for dropping out of school and should be targeted by
dropout prevention programs.''.
SEC. 133. ALLOCATION OF FUNDS.
Section 1412(b) (20 U.S.C. 6432(b)) is amended to read as
follows:
``(b) Subgrants to State Agencies in Puerto Rico.--
``(1) In general.--For each fiscal year, the amount of the
subgrant which a State agency in the Commonwealth of Puerto
Rico shall be eligible to receive under this part shall be
the amount determined by multiplying the number
[[Page H2446]]
of children counted under subparagraph (a)(1)(A) for the
Commonwealth of Puerto Rico by the product of--
``(A) the percentage which the average per-pupil
expenditure in the Commonwealth of Puerto Rico is of the
lowest average per-pupil expenditure of any of the 50 States;
and
``(B) 32 percent of the average per-pupil expenditure in
the United States.
``(2) Minimum percentage.--The percentage in paragraph
(1)(A) shall not be less than--
``(A) for fiscal year 2002, 77.5 percent;
``(B) for fiscal year 2003, 80.0 percent;
``(C) for fiscal year 2004, 82.5 percent; and
``(D) for fiscal year 2005 and succeeding fiscal years,
85.0 percent.
``(3) Limitation.--If the application of paragraph (2)
would result in any of the 50 States or the District of
Columbia receiving less under this part than it received
under this part for the preceding fiscal year, the percentage
in paragraph (1) shall be the greater of the percentage in
paragraph (1)(A) or the percentage used for the preceding
fiscal year.''.
SEC. 134. STATE PLAN AND STATE AGENCY APPLICATIONS.
Section 1414 (20 U.S.C. 6434) is amended to read as
follows:
``SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.
``(a) State Plan.--
``(1) In general.--Each State educational agency that
desires to receive a grant under this part shall submit, for
approval by the Secretary, a plan for meeting the educational
needs of neglected and delinquent youth, for assisting in
their transition from institutions to locally operated
programs, and which is integrated with other programs under
this Act or other Acts, as appropriate, consistent with
section 8306.
``(2) Contents.--Each such State plan shall--
``(A) describe the program goals, objectives, and
performance measures established by the State that will be
used to assess the effectiveness of the program in improving
academic and vocational and technical skills of children in
the program;
``(B) provide that, to the extent feasible, such children
will have the same opportunities to learn as such children
would have if such children were in the schools of local
educational agencies in the State; and
``(C) contain assurances that the State educational agency
will--
``(i) ensure that programs assisted under this part will be
carried out in accordance with the State plan described in
this subsection;
``(ii) carry out the evaluation requirements of section
1416;
``(iii) ensure that the State agencies receiving subgrants
under this subpart comply with all applicable statutory and
regulatory requirements; and
``(iv) provide such other information as the Secretary may
reasonably require.
``(3) Duration of the plan.--Each such State plan shall--
``(A) remain in effect for the duration of the State's
participation under this part; and
``(B) be periodically reviewed and revised by the State, as
necessary, to reflect changes in the State's strategies and
programs under this part.
``(b) Secretarial Approval and Peer Review.--
``(1) Secretarial approval.--The Secretary shall approve
each State plan that meets the requirements of this part.
``(2) Peer review.--The Secretary may review any State plan
with the assistance and advice of individuals with relevant
expertise.
``(c) State Agency Applications.--Any State agency that
desires to receive funds to carry out a program under this
part shall submit an application to the State educational
agency that--
``(1) describes the procedures to be used, consistent with
the State plan under section 1111, to assess the educational
needs of the children to be served;
``(2) provides assurances that in making services available
to youth in adult correctional facilities, priority will be
given to such youth who are likely to complete incarceration
within a 2-year period;
``(3) describes the program, including a budget for the
first year of the program, with annual updates to be provided
to the State educational agency;
``(4) describes how the program will meet the goals and
objectives of the State plan under this subpart;
``(5) describes how the State agency will consult with
experts and provide the necessary training for appropriate
staff, to ensure that the planning and operation of
institution-wide projects under section 1416 are of high
quality;
``(6) describes how the agency will carry out the
evaluation requirements of section 8651 and how the results
of the most recent evaluation are used to plan and improve
the program;
``(7) includes data showing that the agency has maintained
fiscal effort required of a local educational agency, in
accordance with section 8501;
``(8) describes how the programs will be coordinated with
other appropriate State and Federal programs, such as job
training programs, vocational and technical education
programs, State and local dropout prevention programs, and
special education programs;
``(9) describes how States will encourage correctional
facilities receiving funds under this subpart to coordinate
with local educational agencies or alternative education
programs attended by incarcerated youth prior to their
incarceration to ensure that student assessments and
appropriate academic records are shared jointly between the
correctional facility and the local educational agency or
alternative education program;
``(10) describes how appropriate professional development
will be provided to teachers and other staff;
``(11) designates an individual in each affected
institution to be responsible for issues relating to the
transition of children and youth from the institution to
locally operated programs;
``(12) describes how the agency will endeavor to coordinate
with businesses for training and mentoring for participating
youth;
``(13) provides assurances that the agency will assist in
locating alternative programs through which students can
continue their education if students are not returning to
school after leaving the correctional facility;
``(14) provides assurances that the agency will work with
parents to secure parents' assistance in improving the
educational achievement of their children and preventing
their children's further involvement in delinquent
activities;
``(15) provides assurances that the agency works with
special education youth in order to meet an existing
individualized education program and an assurance that the
agency will notify the youth's local school if such youth--
``(A) is identified as in need of special education
services while the youth is in the facility; and
``(B) intends to return to the local school;
``(16) provides assurances that the agency will work with
youth who dropped out of school before entering the facility
to encourage the youth to reenter school once the term of
incarceration has been completed or provide the youth with
the skills necessary to gain employment, continue the
education of the youth, or achieve a secondary school diploma
or the recognized equivalent if the youth does not intend to
return to school;
``(17) provides assurances that teachers and other
qualified staff are also trained to work with children with
disabilities and other students with special needs, taking
into consideration the unique needs of such students;
``(18) describes any additional services to be provided to
youth, such as career counseling, distance learning, and
assistance in securing student loans and grants; and
``(19) provides assurances that the program under this
subpart will be coordinated with any programs operated under
the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5601 et seq.) or other comparable programs, if
applicable.''.
SEC. 135. USE OF FUNDS.
Section 1415(a) (20 U.S.C. 6435(a)) is amended--
(1) in paragraph (1)(B), by inserting ``, vocational and
technical training'' after ``secondary school completion'';
(2) in paragraph (2)(B)--
(A) in clause (i), by inserting ``and'' after the
semicolon;
(B) in clause (ii), by striking ``; and'' and inserting a
semicolon; and
(C) by striking clause (iii);
(3) in paragraph (2)(C), by striking ``part F of this
title'' and inserting ``part H''; and
(4) in paragraph (2)(D), by striking ``section 14701'' and
inserting ``section 8651''.
SEC. 136. TRANSITION SERVICES.
Section 1418(a) (20 U.S.C. 6438(a)) is amended by striking
``10 percent'' and inserting ``15 percent''.
SEC. 137. PURPOSE.
Section 1421(3) (20 U.S.C. 6451(3)) is amended to read as
follows:
``(3) operate programs in local schools for youth returning
from correctional facilities and programs which may also
serve youth at risk of dropping out of school.''.
SEC. 138. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
Section 1422 (20 U.S.C. 6452) is amended--
(1) in subsection (a), by striking ``retained'';
(2) by amending subsection (b) to read as follows:
``(b) Special Rule.--A local educational agency which
includes a correctional facility that operates a school is
not required to operate a program of support for children
returning from such school to a school not operated by a
correctional agency but served by such local educational
agency if more than 30 percent of the youth attending the
school operated by the correctional facility will reside
outside the boundaries of the local educational agency after
leaving such facility.''; and
(3) by adding at the end the following:
``(d) Transitional and Academic Services.--Transitional and
supportive programs operated in local educational agencies
under this subpart shall be designed primarily to meet the
transitional and academic needs of students returning to
local educational agencies or alternative education programs
from correctional facilities. Services to students at risk of
dropping out of school shall not have a negative impact on
meeting the transitional and academic needs of the students
returning from correctional facilities.''.
SEC. 139. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
Section 1423 (20 U.S.C. 6453) is amended by striking
paragraphs (4) through (9) and inserting the following:
``(4) a description of the program operated by
participating schools for children returning from
correctional facilities and the types of services that such
schools will provide such youth and other at-risk youth;
``(5) a description of the characteristics (including
learning difficulties, substance abuse problems, and other
special needs) of the youth who will be returning from
correctional facilities and, as appropriate, other at-risk
youth expected to be served by the program and how the school
will coordinate existing educational programs to meet the
unique educational needs of such youth;
``(6) as appropriate, a description of how schools will
coordinate with existing social, health, and other services
to meet the needs of students returning from correctional
facilities,
[[Page H2447]]
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 reentry and outreach programs, referrals to
community resources, and scheduling flexibility;
``(7) as appropriate, a description of any partnerships
with local businesses to develop training, curriculum-based
youth entrepreneurship education, and mentoring services for
participating students;
``(8) as appropriate, a description of how programs will
involve parents in efforts to improve the educational
achievement of their children, prevent the involvement of
their children in delinquent activities, and encourage their
children to remain in school and complete their education;
``(9) a description of how the program under this subpart
will be coordinated with other Federal, State, and local
programs, such as job training programs and vocational and
technical education programs serving this at-risk population
of youth.''.
SEC. 140. USES OF FUNDS.
Section 1424 (20 U.S.C. 6454) is amended by striking
paragraphs (1) through (3) and inserting the following:
``(1) programs that serve youth returning from correctional
facilities to local schools, to assist in the transition of
such youth to the school environment and help them remain in
school in order to complete their education;
``(2) providing assistance to other youth at risk of
dropping out of school, including pregnant and parenting
teenagers;
``(3) the coordination of social, health, and other
services, including day care, for participating youth, if the
provision of such services will improve the likelihood that
such youth will complete their education;
``(4) special programs to meet the unique academic needs of
participating youth, including vocational and technical
education, special education, career counseling, curriculum-
based youth entrepreneurship education, and assistance in
securing student loans or grants for postsecondary education;
and
``(5) programs providing mentoring and peer mediation.''.
SEC. 141. PROGRAM REQUIREMENTS.
Section 1425 (20 U.S.C. 6455) is amended--
(1) in the section heading, by striking ``THIS SECTION''
and inserting ``this subpart'';
(2) in the matter preceding paragraph (1), by striking
``this section'' and inserting ``this subpart'';
(3) in paragraph (1), by striking ``where feasible, ensure
educational programs'' and inserting ``to the extent
practicable, ensure that educational programs'';
(4) in paragraphs (3) and (8), by striking ``where
feasible,'' and inserting ``to the extent practicable,'';
(5) in paragraph (9)--
(A) by striking ``this program'' and inserting ``this
subpart'';
(B) by inserting ``and technical'' after ``vocational'';
and
(C) by striking ``title I of the Workforce Investment Act
of 1998'' and inserting ``other job training programs'';
(6) in paragraph (10), by inserting ``(42 U.S.C. 5601 et
seq.)'' after ``Juvenile Justice and Delinquency Prevention
Act of 1974''; and
(7) by amending paragraph (11) to read as follows:
``(11) if appropriate, work with local businesses to
develop training, curriculum-based youth entrepreneurship
education, and mentoring programs for youth.''.
SEC. 142. PROGRAM EVALUATIONS.
Section 1431(a) (20 U.S.C. 6471(a)) is amended by striking
``sex, and if feasible,'' and inserting ``gender,''.
PART E--FEDERAL EVALUATIONS AND DEMONSTRATIONS
SEC. 151. EVALUATIONS.
Section 1501 (20 U.S.C. 6491) is amended to read as
follows:
``SEC. 1501. EVALUATIONS.
``(a) National Assessment.--
``(1) In general.--In accordance with this section, the
Secretary shall conduct a national assessment of programs
assisted under this title.
``(2) Issues to be examined.--In conducting the assessment
under this subsection, the Secretary shall examine--
``(A) the implementation of programs assisted under this
title and the impact of such implementation on increasing
student academic achievement, particularly schools with high
concentrations of children living in poverty;
``(B) the implementation of State standards, assessments,
and accountability systems developed under this title and the
impact of such implementation on educational programs and
instruction at the local level;
``(C) the impact of schoolwide programs and targeted
assistance programs under this title on improving student
academic achievement;
``(D) the extent to which varying models of comprehensive
school reform are funded under this title, and the effect of
the implementation of such models on improving achievement of
disadvantaged students;
``(E) the costs as compared to the benefits of the
activities assisted under this title;
``(F) the impact of school choice options under section
1116 on the academic achievement of disadvantaged students,
on schools in school improvement, and on schools from which
students have transferred under such options;
``(G) the extent to which actions authorized under section
1116 of this title are employed by State and local
educational agencies to improve the academic achievement of
students in low-performing schools, and the effectiveness of
the implementation of such actions;
``(H) the extent to which technical assistance made
available under this title is used to improve the achievement
of students in low-performing schools, and the impact of such
assistance on such achievement;
``(I) the extent to which State and local fiscal accounting
requirements under this title limit the flexibility of
schoolwide programs;
``(J) the impact of the professional development activities
assisted under this title on instruction and student
performance;
``(K) the extent to which the assistance made available
under this title is targeted to disadvantaged students and
schools that need them the most;
``(L) the effectiveness of Federal administration
assistance made available under this title, including
monitoring and technical assistance; and
``(M) such other issues as the Secretary considers
appropriate.
``(3) Sources of information.--In conducting the assessment
under this subsection, the Secretary shall use information
from a variety of sources, including the National Assessment
of Educational Progress (carried out under section 411 of the
National Education Statistics Act of 1994 (20 U.S.C. 9010)),
state evaluations, and other research studies.
``(4) Coordination.--In carrying out this subsection, the
Secretary shall--
``(A) coordinate conducting the national assessment with
conducting the longitudinal study described in subsection
(c); and
``(B) ensure that the independent review panel described in
subsection (d) participates in conducting the national
assessment, including planning for and reviewing the
assessment.
``(5) Reports.--
``(A) Interim report.--Not later than 3 years after the
date of enactment of the Leave No Child Behind Act of 2001,
the Secretary shall transmit to the President and the
Congress an interim report on the national assessment
conducted under this subsection.
``(B) Final report.--Not later than 4 years after the date
of enactment of the Leave No Child Behind Act of 2001, the
Secretary shall transmit to the President and the Congress a
final report on the national assessment conducted under this
subsection.
``(b) Studies and Data Collection.--
``(1) In general.--In addition to other activities
described in this section, the Secretary may, directly or
through the making of grants to or contracts with appropriate
entities--
``(A) conduct studies and evaluations of the need for, and
effectiveness of, each program authorized under this title;
``(B) collect the data necessary to comply with the
Government Performance and Results Act of 1993; and
``(C) provide guidance and technical assistance to State
educational agencies and local educational agencies in
developing and maintaining management information systems
through which such agencies can develop program performance
indicators in order to improve services and performance.
``(2) Minimum information.--Under this subsection, the
Secretary shall collect, at a minimum, trend information on
the effect of each program authorized under this title, which
shall complement the data collected and reported under
subsections (a) and (c).
``(c) National Longitudinal Study.--
``(1) In general.--The Secretary shall conduct a
longitudinal study of schools receiving assistance under this
title.
``(2) Issues to be examined.--In carrying out this
subsection, the Secretary shall ensure that the study
referred to in paragraph (1) provides the Congress and
educators with each of the following:
``(A) An accurate description and analysis of short-term
and long-term effectiveness of the assistance made available
under this title upon academic performance.
``(B) Information that can be used to improve the
effectiveness of the assistance made available under this
title in enabling students to meet challenging achievement
standards.
``(C) An analysis of educational practices or model
programs that are effective in improving the achievement of
disadvantaged children.
``(D) An analysis of the costs as compared to the benefits
of the assistance made available under this title in
improving the achievement of disadvantaged children.
``(E) An analysis of the effects of the availability of
school choice options under section 1116 on the academic
achievement of disadvantaged students, on schools in school
improvement, and on schools from which students have
transferred under such options.
``(F) Such other information as the Secretary considers
appropriate.
``(3) Scope.--In conducting the study referred to in
paragraph (1), the Secretary shall ensure that the study--
``(A) bases its analysis on a nationally representative
sample of schools participating in programs under this part;
``(B) to the extent practicable, includes in its analysis
students who transfer to different schools during the course
of the study; and
``(C) analyzes varying models or strategies for delivering
school services, including--
``(i) schoolwide and targeted services; and
``(ii) comprehensive school reform models.
``(d) Independent Review Panel.--
``(1) In general.--The Secretary shall establish an
independent review panel (in this subsection referred to as
the `Review Panel') to advise the Secretary on methodological
and other issues that arise in carrying out subsections (a)
and (c).
``(2) Appointment of members.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall appoint members of the Review Panel from
among qualified individuals who are--
[[Page H2448]]
``(i) specialists in statistics, evaluation, research, and
assessment;
``(ii) education practitioners, including teachers,
principals, and local and State superintendents; and
``(iii) other individuals with technical expertise who
would contribute to the overall rigor and quality of the
program evaluation.
``(B) Limitations.--In appointing members of the Review
Panel under this subparagraph (A), the Secretary shall ensure
that--
``(i) in order to ensure diversity, a majority of the
number of individuals appointed under subparagraph (A)(i)
represent disciplines or programs outside the field of
education; and
``(ii) the total number of the individuals appointed under
subparagraph (A)(ii) or (A)(iii) does not exceed \1/3\ of the
total number of the individuals appointed under this
paragraph.
``(3) Functions.--The Review Panel shall consult with and
advise the Secretary--
``(A) to ensure that the assessment conducted under
subsection (a) and the study conducted under subsection (c)--
``(i) adhere to the highest possible standards of quality
with respect to research design, statistical analysis, and
the dissemination of findings; and
``(ii) use valid and reliable measures to document program
implementation and impacts; and
``(B) to ensure--
``(i) that the final report described in subsection
(a)(5)(B) is reviewed not later than 120 days after its
completion by not less than 2 independent experts in program
evaluation;
``(ii) that such experts evaluate and comment on the degree
to which the report complies with subsection (a); and
``(iii) that the comments of such experts are transmitted
with the report under subsection (a)(5)(B).''.
SEC. 152. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
(a) In General.--Section 1502 (20 U.S.C. 6492) is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by striking in subsection (a) ``(2) Evaluation.--The
Secretary'' and inserting ``(b) Evaluation.--The Secretary''
and by moving such subsection (b) 2 ems to the left;
(3) by striking in subsection (a) ``Such projects shall
include promising'' and all that follows through ``career
guidance opportunities.'';
(4) by striking ``student performance standards'' and
inserting ``student achievement standards'';
(5) by inserting ``academic'' after ``to meet challenging
State''; and
(6) by striking ``(a) Demonstration Programs'' and all that
follows through ``In general.--From the'' and inserting ``(a)
In General.--From the''.
SEC. 153. ELLENDER-CLOSE UP FELLOWSHIP PROGRAM; DROPOUT
REPORTING.
(a) In General.--Part E of title I (20 U.S.C. 6491 et seq.)
is further amended by adding at the end the following:
``SEC. 1503. ELLENDER-CLOSE UP FELLOWSHIP PROGRAM
``(a) Findings.--Congress finds the following:
``(1) It is a worthwhile goal to ensure that all students
in America are prepared for responsible citizenship and that
all students should have the opportunity to be involved in
activities that promote and demonstrate good citizenship.
``(2) It is a worthwhile goal to ensure that America's
educators have access to programs for the continued
improvement of their professional skills.
``(3) Allen J. Ellender, a Senator from Louisiana and
President pro tempore of the United States Senate, had a
distinguished career in public service characterized by
extraordinary energy and real concern for young people.
Senator Ellender provided valuable support and encouragement
to the Close Up Foundation, a nonpartisan, nonprofit
foundation promoting knowledge and understanding of the
Federal Government among young people and educators.
Therefore, it is a fitting and appropriate tribute to Senator
Ellender to provide fellowships in his name to students of
limited economic means and the teachers who work with such
students, so that such students and teachers may participate
in the programs supported by the Close Up Foundation.
``(4) The Close Up Foundation is a nonpartisan, nonprofit,
education foundation promoting civic responsibility and
knowledge and understanding of the Federal Government among
young people and educators. The Congress has consistently
supported the Close Up Foundation's work with disadvantaged
young people and their educators through the Allen J.
Ellender Fellowship Program. Therefore, it is fitting and
appropriate to continue support under the successor Ellender-
Close Up Fellowship Program to students of limited economic
means and the teachers who work with such students, so that
such students and teachers may participate in the programs
supported by the Close Up Foundation.
``(b) Program for Middle and Secondary School Students.--
``(1) Establishment.--
``(A) General authority.--In accordance with this
subsection, the Secretary may make grants 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 civic responsibility and understanding
of the Federal Government among middle and secondary school
students.
``(B) Use of funds.--Grants under this subsection shall be
used only to provide financial assistance to economically
disadvantaged students who participate in the program
described in subparagraph (A). Financial assistance received
pursuant to this subsection by such students shall be known
as Ellender-Close Up fellowships.
``(2) Applications.--
``(A) Application required.--No grant under this subsection
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 application submitted
under this paragraph shall contain provisions to assure--
``(i) that fellowship grants are made to economically
disadvantaged middle and secondary school students;
``(ii) that every effort will be made to ensure the
participation of students from rural and small town areas, as
well as from urban areas, and that in awarding fellowships to
economically disadvantaged students, special consideration
will be given to the participation of students with special
educational needs, including students with disabilities,
ethnic minority students, recent immigrants, and gifted and
talented students; and
``(iii) the proper disbursement of the funds received under
this subsection.
``(c) Program for Middle and Secondary School Teachers.--
``(1) Establishment.--
``(A) General authority.--In accordance with this
subsection, the Secretary may make grants 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 professional development for middle and secondary
school teachers and to promote greater civic understanding
and responsibility among the students of such teachers.
``(B) Use of funds.--Grants under this subsection shall be
used only for financial assistance to teachers who
participate in the program described in subparagraph (A).
Financial assistance received pursuant to this subpart by
such individuals shall be known as Ellender-Close Up
fellowships.
``(2) Applications.--
``(A) Application required.--No grant under this subsection
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 application submitted
under this paragraph shall contain provisions to assure--
``(i) 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
subsection (b);
``(ii) that no teacher in each school participating in the
programs assisted under subsection (b) may receive more than
one fellowship in any fiscal year; and
``(iii) the proper disbursement of the funds received under
this subsection.
``(d) Programs for Recent Immigrants and Students of
Migrant Parents.--
``(1) Establishment.--
``(A) General authority.--In accordance with this
subsection, the Secretary may make grants 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 recent immigrants
and students of migrant parents.
``(B) Use of funds.--Grants under this subsection shall be
used for financial assistance to economically disadvantaged
older Americans, recent immigrants and students of migrant
parents who participate in the program described in
subsection (a). Financial assistance received pursuant to
this subpart by such individuals shall be known as Ellender-
Close Up fellowships.
``(2) Applications.--
``(A) Application Required.--No grant under this subsection
may be made except upon application at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
``(B) Contents of Application.--Each application submitted
under this paragraph shall contain provisions--
``(i) to assure that fellowship grants are made to
economically disadvantaged recent immigrants and students of
migrant parents;
``(ii) to assure that every effort will be made to ensure
the participation of 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 recent
immigrants and students of migrant parents with special
needs, including individuals with disabilities, ethnic
minorities, and gifted and talented students;
``(iii) that fully describe the activities to be carried
out with the proceeds of the grant; and
``(iv) to assure the proper disbursement of the funds
received under this subsection.
``(e) General Provisions.--
``(1) Administrative provisions.--
``(A) General rule.--Payments under this section 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 section.
``(f) Limitation.--Of the funds appropriated to carry out
this section under section 1002, the Secretary may use not
more than 30 percent to carry out subsection (c) of this
section.
[[Page H2449]]
``SEC. 1504. DROPOUT REPORTING.
``State educational agencies receiving funds under this
title shall annually report to the National Center on
Education Statistics (established under section 403 of the
National Education Statistics Act of 1994 (20 U.S.C. 9002))
on the dropout rate of students in the State, as defined for
the Center's Common Core of Data.''.
(b) Continuation of Awards.--Notwithstanding any other
provision of this Act, any person or agency that was awarded
a grant under part G of title X (20 U.S.C. 8161 et seq.)
prior to the date of the enactment of this Act shall continue
to receive funds in accordance with the terms of such award
until the date on which the award period terminates under
such terms.
PART F--COMPREHENSIVE SCHOOL REFORM
SEC. 161. SCHOOL REFORM.
Part F of title I is amended to read as follows:
``PART F--COMPREHENSIVE SCHOOL REFORM
``SEC. 1601. COMPREHENSIVE SCHOOL REFORM.
``(a) Findings and Purpose.--
``(1) Findings.--Congress finds the following:
``(A) A number of schools across the country have shown
impressive gains in student performance through the use of
comprehensive models for schoolwide change that incorporate
virtually all aspects of school operations.
``(B) No single comprehensive school reform model may be
suitable for every school, however, schools should be
encouraged to examine successful, externally developed
comprehensive school reform approaches as they undertake
comprehensive school reform.
``(C) Comprehensive school reform is an important means by
which children are assisted in meeting challenging State
student academic achievement standards.
``(2) Purpose.--The purpose of this section is to provide
financial incentives for schools to develop comprehensive
school reforms, based upon scientifically-based research and
effective practices that include an emphasis on basic
academics and parental involvement so that all children can
meet challenging State content and academic achievement
standards.
``(b) Program Authorized.--
``(1) In general.--The Secretary is authorized to provide
grants to State educational agencies to provide subgrants to
local educational agencies to carry out the purpose described
in subsection (a)(2).
``(2) Allocation.--
``(A) Reservation.--Of the amount appropriated under this
section, the Secretary may reserve--
``(i) not more than 1 percent for schools supported by the
Bureau of Indian Affairs and in the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands;
``(ii) not more than 1 percent to conduct national
evaluation activities described under subsection (e); and
``(iii) not more than 2 percent of the amount appropriated
in fiscal year 2002 to carry out this part, for quality
initiatives described under subsection (f).
``(B) In general.--Of the amount of funds remaining after
the reservation under subparagraph (A), the Secretary shall
allocate to each State for a fiscal year, an amount that
bears the same ratio to the 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 allocated
under section 1124 to all States for that year.
``(C) Reallocation.--If a State does not apply for funds
under this section, the Secretary shall reallocate such funds
to other States that do apply in proportion to the amount
allocated to such States under subparagraph (B).
``(c) State Awards.--
``(1) State application.--
``(A) In general.--Each State educational agency that
desires to receive a grant under this section shall submit an
application to the Secretary at such time, in such manner and
containing such other information as the Secretary may
reasonably require.
``(B) Contents.--Each State application shall also
describe--
``(i) the process and selection criteria by which the State
educational agency, using expert review, will select local
educational agencies to receive subgrants under this section;
``(ii) how the agency will ensure that funds under this
part are used only for comprehensive school reform programs
that--
``(I) include each of the components described in
subsection (d)(2);
``(II) have the capacity to improve the academic
achievement of all students in core academic subjects within
participating schools; and
``(III) are supported by technical assistance providers
that have a successful track record, financial stability, and
the capacity to deliver high-quality materials and
professional development for school personnel.
``(iii) how the agency will disseminate materials regarding
information on comprehensive school reforms that are based on
scientifically-based research and effective practices;
``(iv) how the agency will evaluate annually the
implementation of such reforms and measure the extent to
which the reforms resulted in increased student academic
performance; and
``(v) how the agency will provide, technical assistance to
the local educational agency or consortia of local
educational agencies, and to participating schools, in
evaluating, developing, and implementing comprehensive school
reform.
``(2) Uses of funds.--
``(A) In general.--Except as provided in subparagraph (E),
a State educational agency that receives an award under this
section shall use such funds to provide competitive grants to
local educational agencies or consortia of local educational
agencies in the State receiving funds under part A to support
comprehensive school reforms in schools eligible for funds
under such part.
``(B) Grant requirements.--A grant to a local educational
agency or consortium shall be--
``(i) of sufficient size and scope to support the initial
costs of the comprehensive school reforms selected or
designed by each school identified in the application of the
local educational agency or consortium;
``(ii) in an amount not less than $50,000 to each
participating school; and
``(iii) renewable for two additional 1-year periods after
the initial 1-year grant is made if schools are making
substantial progress in the implementation of their reforms.
``(C) Priority.--The State, in awarding grants under this
paragraph, shall give priority to local educational agencies
that--
``(i) plan to use the funds in schools identified as being
in need of improvement or corrective action under section
1116(c); or
``(ii) demonstrate a commitment to assist schools with
budget allocation, professional development, and other
strategies necessary to ensure the comprehensive school
reforms are properly implemented and are sustained in the
future.
``(D) Grant consideration.--In making subgrant awards under
this part, the State educational agency shall take into
account the equitable distribution of awards to different
geographic regions within the State, including urban and
rural areas, and to schools serving elementary and secondary
students.
``(E) Administrative costs.--A State educational agency
that receives a grant award under this section may reserve
not more than 5 percent of such award for administrative,
evaluation, and technical assistance expenses.
``(F) Supplement.--Funds made available under this section
shall be used to supplement, not supplant, any other Federal,
State, or local funds that would otherwise be available to
carry out this section.
``(3) Reporting.--Each State educational agency that
receives an award under this section shall provide to the
Secretary such information as the Secretary may require,
including the names of local educational agencies and schools
selected to receive subgrant awards under this section, the
amount of such award, a description of the comprehensive
school reforms selected and in use and a copy of the State's
annual evaluation of the implementation of comprehensive
school reforms supported under this part and student
achievement results.
``(d) Local Awards.--
``(1) In general.--Each local educational agency or
consortium that applies for a subgrant under this section
shall--
``(A) identify which schools eligible for funds under part
A plan to implement a comprehensive school reform program,
including the projected costs of such a program;
``(B) describe the comprehensive school reforms based on
scientifically-based research and effective practices that
such schools will implement;
``(C) describe how the agency or consortium will provide
technical assistance and support for the effective
implementation of the school reforms based on scientifically-
based research and effective practices selected by such
schools; and
``(D) describe how the agency or consortium will evaluate
the implementation of such reforms and measure the results
achieved in improving student academic performance.
``(2) Components of the program.--A local educational
agency that receives a subgrant award under this section
shall provide such funds to schools that implement a
comprehensive school reform program that--
``(A) employs proven strategies and proven methods for
student learning, teaching, and school management that are
based on scientifically-based research and effective
practices and have been replicated successfully in similar
schools;
``(B) integrates a comprehensive design for effective
school functioning, including instruction, assessment,
classroom management, professional development, parental
involvement, and school management, that aligns the school's
curriculum, technology, and professional development into a
comprehensive reform plan for schoolwide change designed to
enable all students to meet challenging State content and
challenging student performance standards and addresses needs
identified through a school needs assessment;
``(C) provides high-quality and continuous teacher and
staff professional development;
``(D) includes measurable goals for student performance and
benchmarks for meeting such goals;
``(E) is supported by teachers, principals, administrators,
and other professional staff;
``(F) provides for the meaningful involvement of parents
and the local community in planning and implementing school
improvement activities;
``(G) uses high quality external technical support and
assistance from an entity, which may be an institution of
higher education, with experience and expertise in schoolwide
reform and improvement;
``(H) includes a plan for the annual evaluation of the
implementation of school reforms and the student results
achieved;
``(I) identifies how other resources, including Federal,
State, local, and private resources, available to the school
will be used to coordinate services to support and sustain
the school reform effort; and
``(J)(i) has been found, through rigorous field experiments
in multiple sites, to significantly improve the academic
performance of students participating in such activity or
program as compared to similar students in similar schools,
who have not participated in such activity or program; or
[[Page H2450]]
``(ii) has been found to have strong evidence that such
model will significantly improve the performance of
participating children.
``(3) Special rule.--A school that receives funds to
develop a comprehensive school reform program shall not be
limited to using nationally available approaches, but may
develop its own comprehensive school reform program for
schoolwide change that complies with paragraph (2).
``(e) Evaluation and Report.--
``(1) In general.--The Secretary shall develop a plan for a
national evaluation of the programs developed pursuant to
this section.
``(2) Evaluation.--This national evaluation shall evaluate
the implementation and results achieved by schools after 3
years of implementing comprehensive school reforms, and
assess the effectiveness of comprehensive school reforms in
schools with diverse characteristics.
``(3) Reports.--Prior to the completion of a national
evaluation, the Secretary shall submit an interim report
outlining first year implementation activities to the
Committees on Education and the Workforce and Appropriations
of the House of Representatives and the Committees on Health,
Education, Labor, and Pensions and Appropriations of the
Senate.
``(f) Quality Initiatives.--The Secretary, through grants
or contracts, shall provide funds for the following
activities:
``(1) Technical assistance.--A joint public and private
partnership that receives matching funds from private
organizations, in order to assist States, local educational
agencies, and schools in making informed decisions when
approving or selecting providers of comprehensive school
reform, consistent with the requirements described in
subsection (d)(3).
``(2) Other activities.--Other activities that--
``(A) encourage the development of comprehensive reform
models;
``(B) build the capacity of comprehensive school reform
providers to increase the number of schools the providers can
serve; and
``(C) ensure that schools served receive high quality
services that meet the needs of their teachers and
students.''.
PART G--RURAL EDUCATION FLEXIBILITY AND ASSISTANCE
SEC. 171. RURAL EDUCATION.
Title I is amended by adding at the end the following new
part:
``PART G--RURAL EDUCATION FLEXIBILITY AND ASSISTANCE
``SEC. 1701. SHORT TITLE.
``This part may be cited as the `Rural Education Initiative
Act'.
``SEC. 1702. FINDINGS.
``Congress finds the following:
``(1) While there are rural education initiatives
identified at the State and local level, no Federal education
policy focuses on the specific and unique needs of rural
school districts and schools.
``(2) Small school districts often cannot use Federal grant
funds distributed by formula because the formula allocation
does not provide enough revenue to carry out the program the
grant is intended to fund.
``(3) Rural schools often cannot compete for Federal
funding distributed by competitive grants because the schools
lack the personnel needed to prepare grant applications and
the resources to hire specialists in the writing of Federal
grant proposals.
``(4) A critical problem for rural school districts
involves the hiring and retention of qualified administrators
and certified teachers (especially in reading, science, and
mathematics). As a result, teachers in rural schools are
almost twice as likely to provide instruction in three or
more subject areas than teachers in urban schools. Rural
schools also face other tough challenges, such as shrinking
local tax bases, high transportation costs, aging buildings,
limited course offerings, and limited resources.
``Subpart 1--Rural Education Flexibility
``SEC. 1711. 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 local activities authorized in part A of title I, part A
of title II, part A of title III, part A of title IV, or part
A or B of title V.
``(2) Notification.--An eligible local educational agency
shall notify the State educational agency of the local
educational agency's intention to use the applicable funding
in accordance with paragraph (1) not later than a date that
is established by the State educational agency for the
notification.
``(b) Eligibility.--
``(1) In general.--A local educational agency shall be
eligible to use the applicable funding in accordance with
subsection (a) if--
``(A)(i) the total number of students in average daily
attendance at all of the schools served by the local
educational agency is less than 600; and
``(ii) all of the schools served by the local educational
agency are designated with a school locale code of 7 or 8 as
determined by the Secretary of Education; or
``(B) the agency meets the criteria established in
subparagraph (A)(i) and the Secretary, in accordance with
paragraph (2), grants the local educational agency's request
to waive the criteria described in subparagraph (A)(ii).
``(2) Certification.--The Secretary shall determine whether
or not to waive the criteria described in paragraph
(1)(A)(ii) based on a demonstration by a local educational
agency and concurrence by the State educational agency that
the local educational agency is located in an area defined as
rural by a governmental agency of the State.
``(c) Applicable Funding.--In this section, the term
`applicable funding' means funds provided under part A of
title II, section 3106, part A of title IV, part A of title
V, and section 5212(2)(A).
``(d) Disbursement.--Each State educational agency that
receives applicable funding for a fiscal year shall disburse
the applicable funding to local educational agencies for
alternative uses under this section for the fiscal year at
the same time that the State educational agency disburses the
applicable funding to local educational agencies that do not
intend to use the applicable funding for such alternative
uses for the fiscal year.
``(e) Supplement Not Supplant.--Funds used under this
section shall be used to supplement and not supplant any
other Federal, State, or local education funds that would
otherwise be available for the purpose of this subpart.
``(f) Applicable Rule.--Except as otherwise provided in
this subpart, funds transferred under this subpart are
subject to each of the rules and requirements applicable to
the funds allocated by the Secretary under the provision to
which the transferred funds are transferred.
``SEC. 1712. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to award
grants to eligible local educational agencies under section
1711(b) to enable the local educational agencies to support
local or statewide education reform efforts intended to
improve the academic achievement of elementary school and
secondary school students and the quality of instruction
provided for the students.
``(b) Allocation.--
``(1) In general.--Except as provided in paragraph (3), the
Secretary shall award a grant to an eligible local
educational agency under section 1711(b) for a fiscal year in
an amount equal to the initial amount determined under
paragraph (2) for the fiscal year minus the total amount
received under the provisions of law described under section
1711(c) for the preceding fiscal year.
``(2) Determination of the initial amount.--The initial
amount referred to in paragraph (1) is equal to $100
multiplied by the total number of students, over 50 students,
in average daily attendance in such eligible agency plus
$20,000, except that the initial amount may not exceed
$60,000.
``(3) Ratable adjustment.--
``(A) In general.--If the amount made available for this
subpart for any fiscal year is not sufficient to pay in full
the amounts that local educational agencies are eligible to
receive under paragraph (1) for such year, the Secretary
shall ratably reduce such amounts for such year.
``(B) Additional amounts.--If additional funds become
available for making payments under paragraph (1) for such
fiscal year, payments that were reduced under subparagraph
(A) shall be increased on the same basis as such payments
were reduced.
``(4) Census determination.--
``(A) In general.--Each local educational agency desiring a
grant under this section shall conduct a census not later
than December 1 of each year to determine the number of
kindergarten through grade 12 students in average daily
attendance at the schools served by the local educational
agency.
``(B) Submission.--Each local educational agency shall
submit the number described in subparagraph (A) to the
Secretary not later than March 1 of each year.
``(c) 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.
``(d) Special Rule.--A local educational agency that is
eligible to receive a grant under this subpart for a fiscal
year shall be ineligible to receive funds for such fiscal
year under subpart 2.
``(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.
``SEC. 1713. ACCOUNTABILITY.
``(a) Academic Achievement.--
``(1) In general.--Each local educational agency that uses
or receives funds under section 1711 or 1712 for a fiscal
year shall administer an assessment consistent with section
1111.
``(2) Special rule.--Each local educational agency that
uses or receives funds under section 1711 or 1712 shall use
the same assessment described in paragraph (1) for each year
of participation in the program under such section.
``(b) State Educational Agency Determination Regarding
Continuing Participation.--Each State educational agency that
receives funding under the provisions of law described in
section 1711(c) shall--
``(1) after the second year that a local educational agency
participates in a program under section 1711 or 1712 and on
the basis of the results of the assessments described in
subsection (a), determine whether the schools served by the
local educational agency participating in the program
performed in accordance with section 1111; and
``(2) only permit those local educational agencies that so
participated and make adequate yearly progress, as described
in section 1111(b)(2), to continue to so participate.
``Subpart 2--Rural Education Assistance
``SEC. 1721. PROGRAM AUTHORIZED.
``(a) Reservations.--From amounts appropriated under
section 1002(f) for this subpart for a fiscal year, the
Secretary shall reserve \1/2\ of 1 percent to make awards to
elementary or secondary schools operated or supported by the
Bureau of Indian Affairs to carry out the purpose of this
subpart.
[[Page H2451]]
``(b) Grants to States.--
``(1) In general.--From amounts appropriated under section
1002(f) for this subpart that are not reserved under
subsection (a), the Secretary shall award grants for a fiscal
year to State educational agencies that have applications
approved under section 1723 to enable the State educational
agencies to award subgrants to eligible local educational
agencies for local authorized activities described in
subsection (c)(2).
``(2) Allocation.--From amounts appropriated for this
subpart, the Secretary shall allocate to each State
educational agency for a fiscal year an amount that bears the
same ratio to the amount of funds appropriated under section
1002(f) for this subpart that are not reserved under
subsection (a) as the number of students in average daily
attendance served by eligible local educational agencies in
the State bears to the number of all such students served by
eligible local educational agencies in all States for that
fiscal year.
``(3) Direct awards to specially qualified agencies.--
``(A) Nonparticipating state.--If a State educational
agency elects not to participate in the program under this
subpart or does not have an application approved under
section 1723 a specially qualified agency in such State
desiring a grant under this subpart shall submit an
application under such section directly to the Secretary to
receive an award under this subpart.
``(B) Direct awards to specially qualified agencies.--The
Secretary may award, on a competitive basis, the amount the
State educational agency is eligible to receive under
paragraph (2) directly to specially qualified agencies in the
State.
``(c) Local Awards.--
``(1) Eligibility.--A local educational agency shall be
eligible to receive funds under this subpart if--
``(A) 20 percent or more of the children aged 5 to 17,
inclusive, served by the local educational agency are from
families with incomes below the poverty line; and
``(B) all of the schools served by the agency are
designated with a school code of 6, 7, or 8 as determined by
the Secretary of Education.
``(2) Uses of funds.--Grant funds awarded to local
educational agencies or made available to schools under this
subpart shall be used for--
``(A) teacher recruitment and retention, including the use
of signing bonuses and other financial incentives;
``(B) teacher professional development, including programs
that train teachers to utilize technology to improve teaching
and to train special needs teachers;
``(C) educational technology, including software and
hardware as described in part B of title V;
``(D) parental involvement activities; or
``(E) programs to improve student academic achievement.
``SEC. 1722. STATE DISTRIBUTION OF FUNDS.
``(a) Award Basis.--A State educational agency shall award
grants to eligible local educational agencies--
``(1) on a competitive basis; or
``(2) according to a formula based on the number of
students in average daily attendance served by the eligible
local educational agencies or schools (as appropriate) in the
State, as determined by the State.
``(b) Administrative Costs.--A State educational agency
receiving a grant under this subpart may not use more than 5
percent of the amount of the grant for State administrative
costs.
``SEC. 1723. APPLICATIONS.
``Each State educational agency and specially qualified
agency desiring to receive a grant under this subpart shall
submit an application to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary
may require. Such application shall include specific
measurable goals and objectives relating to increased student
academic achievement, decreased student dropout rates, or
such other factors that the State educational agency or
specially qualified agency may choose to measure.
``SEC. 1724. REPORTS.
``(a) State Reports.--Each State educational agency that
receives a grant under this subpart shall provide an annual
report to the Secretary. The report shall describe--
``(1) the method the State educational agency used to award
grants to eligible local educational agencies and to provide
assistance to schools under this subpart;
``(2) how local educational agencies and schools used funds
provided under this subpart; and
``(3) the degree to which progress has been made toward
meeting the goals and objectives described in the application
submitted under section 1723.
``(b) Specially Qualified Agency Report.--Each specially
qualified agency that receives a grant under this subpart
shall provide an annual report to the Secretary. Such report
shall describe--
``(1) how such agency uses funds provided under this
subpart; and
``(2) the degree to which progress has been made toward
meeting the goals and objectives described in the application
submitted under section 1723.
``(c) Report to Congress.--The Secretary shall prepare and
submit to the Committee on Education and the Workforce for
the House of Representatives and the Committee on Health,
Education, Labor, and Pensions for the Senate an annual
report. The report shall describe--
``(1) the methods the State educational agency used to
award grants to eligible local educational agencies and to
provide assistance to schools under this subpart;
``(2) how eligible local educational agencies and schools
used funds provided under this subpart; and
``(3) progress made in meeting specific measurable
educational goals and objectives.
``SEC. 1725. PERFORMANCE REVIEW.
``Three years after a State educational agency or specially
qualified agency receives funds under this part, the
Secretary shall review the progress of such agency toward
achieving the goals and objectives included in its
application, to determine whether the agency has made
progress toward meeting such goals and objectives. To review
the performance of each agency, the Secretary shall--
``(1) review the use of funds of such agency under section
1721(c)(2); and
``(2) deny the provision of additional funds in subsequent
fiscal years to an agency only if the Secretary determines,
after notice and an opportunity for a hearing, that the
agency's use of funds has been inadequate to justify
continuation of such funding.
``SEC. 1726. DEFINITIONS.
``In this subpart--
``(1) The term `poverty line' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
``(2) The term `specially qualified agency' means an
eligible local educational agency, located in a State that
does not participate in a program under this subpart in a
fiscal year, that may apply directly to the Secretary for a
grant in such year under section 1721(b)(3)(A).
``Subpart 3--General Provisions
``SEC. 1731. DEFINITION.
``In this part, the term `State' means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.''.
PART H--GENERAL PROVISIONS OF TITLE I
SEC. 181. GENERAL PROVISIONS.
Title I is amended further by adding at the end the
following:
``PART H--GENERAL PROVISIONS
``SEC. 1801. FEDERAL REGULATIONS.
``(a) In General.--The Secretary is authorized to issue
such regulations as are necessary to ensure reasonable
compliance with this title.
``(b) Negotiated Rulemaking Process.--
``(1) In general.--Prior to publishing in the Federal
Register proposed regulations to carry out this title, the
Secretary shall obtain the advice and recommendations of
representatives of Federal, State, and local administrators,
parents, teachers, paraprofessionals, and members of local
boards of education involved with the implementation and
operation of programs under this title.
``(2) Meetings and electronic exchange.--Such advice and
recommendation may be obtained through such mechanisms as
regional meetings and electronic exchanges of information.
``(3) Proposed regulations.--After obtaining such advice
and recommendations, and prior to publishing proposed
regulations, the Secretary shall--
``(A) establish a negotiated rulemaking process on a
minimum of three key issues, including--
``(i) accountability;
``(ii) implementation of assessments; and
``(iii) use of paraprofessionals;
``(B) select individuals to participate in such process
from among individuals or groups which provided advice and
recommendations, including representation from all geographic
regions of the United States; and
``(C) prepare a draft of proposed regulations that shall be
provided to the individuals selected by the Secretary under
subparagraph (B) not less than 15 days prior to the first
meeting under such process.
``(4) Process.--Such process--
``(A) shall be conducted in a timely manner to ensure that
final regulations are issued by the Secretary not later than
1 year after the date of the enactment of the No Child Left
Behind Act of 2001; and
``(B) shall not be subject to the Federal Advisory
Committee Act but shall otherwise follow the provisions of
the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).
``(5) Emergency situation.--In an emergency situation in
which regulations to carry out this title must be issued
within a very limited time to assist State and local
educational agencies with the operation of a program under
this title, the Secretary may issue proposed regulations
without following such process but shall, immediately
thereafter and prior to issuing final regulations, conduct
regional meetings to review such proposed regulations.
``(c) Limitation.--Regulations to carry out this part may
not require local programs to follow a particular
instructional model, such as the provision of services
outside the regular classroom or school program.
``SEC. 1802. AGREEMENTS AND RECORDS.
``(a) Agreements.--All published proposed regulations shall
conform to agreements that result from negotiated rulemaking
described in section 1801 unless the Secretary reopens the
negotiated rulemaking process or provides a written
explanation to the participants involved in the process
explaining why the Secretary decided to depart from and not
adhere to such agreements.
``(b) Records.--The Secretary shall ensure that an accurate
and reliable record of agreements reached during the
negotiations process is maintained.
``SEC. 1803. STATE ADMINISTRATION.
``(a) Rulemaking.--
[[Page H2452]]
``(1) In general.--Each State that receives funds under
this title shall--
``(A) ensure that any State rules, regulations, and
policies relating to this title conform to the purposes of
this title and provide any such proposed rules, regulations,
and policies to the committee of practitioners under
subsection (b) for their review and comment;
``(B) minimize such rules, regulations, and policies to
which their local educational agencies and schools are
subject;
``(C) eliminate or modify State and local fiscal accounting
requirements in order to facilitate the ability of schools to
consolidate funds under schoolwide programs; and
``(D) identify any such rule, regulation, or policy as a
State-imposed requirement.
``(2) Support and facilitation.--State rules, regulations,
and policies under this title shall support and facilitate
local educational agency and school-level systemic reform
designed to enable all children to meet the challenging State
student academic achievement standards.
``(b) Committee of Practitioners.--
``(1) In general.--Each State educational agency shall
create a State committee of practitioners to advise the State
in carrying out its responsibilities under this title.
``(2) Membership.--Each such committee shall include--
``(A) as a majority of its members, representatives from
local educational agencies;
``(B) administrators, including the administrators of
programs described in other parts of this title;
``(C) teachers, including vocational educators;
``(D) parents;
``(E) members of local boards of education;
``(F) representatives of private school children; and
``(G) pupil services personnel.
``(3) Duties.--The duties of such committee shall include a
review, prior to publication, of any proposed or final State
rule or regulation pursuant to this title. In an emergency
situation where such rule or regulation must be issued within
a very limited time to assist local educational agencies with
the operation of the program under this title, the State
educational agency may issue a regulation without prior
consultation, but shall immediately thereafter convene the
State committee of practitioners to review the emergency
regulation prior to issuance in final form.
``SEC. 1804. LOCAL ADMINISTRATIVE COST LIMITATION.
``(a) Local Administrative Cost Limitation.--Each local
educational agency may use not more than 4 percent of funds
received under part A for administrative expenses.
``(b) Regulations.--The Secretary, after consulting with
State and local officials and other experts in school
finance, shall develop and issue regulations that define the
term administrative cost for purposes of this title. Such
definition shall be consistent with generally accepted
accounting principles. The Secretary shall publish final
regulations on this section not later than 1 year after the
date of the enactment of the No Child Left Behind Act of
2001.
``SEC. 1805. APPLICABILITY.
``Nothing in this title shall be construed to affect home
schools nor shall any home schooled student be required to
participate in any assessment referenced in this title.
``SEC. 1806. PRIVATE SCHOOLS.
``Nothing in this title shall be construed to affect any
private school that does not receive funds or services under
this title, nor shall any student who attends a private
school that does not receive funds or services under this
title be required to participate in any assessment referenced
in this title.
``SEC. 1807. PRIVACY OF ASSESSMENT RESULTS.
``Any results from individual assessments referenced in
this title which become part of the education records of the
student shall have the protections as provided in section 444
of the General Education Provisions Act.''.
TITLE II--PREPARING, TRAINING, AND RECRUITING QUALITY TEACHERS
SEC. 201. TEACHER QUALITY TRAINING AND RECRUITING FUND.
Title II (20 U.S.C. 6601 et seq.) is amended to read as
follows:
``TITLE II--PREPARING, TRAINING, AND RECRUITING QUALITY TEACHERS
``PART A--TEACHER QUALITY TRAINING AND RECRUITING FUND
``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 through such
strategies as improving teacher and principal quality and
increasing the number of highly qualified teachers in the
classroom.
``Subpart 1--Grants to States to Prepare, Train, and Recruit Qualified
Teachers
``SEC. 2011. FORMULA GRANTS TO STATES.
``(a) In General.--In the case of each State that in
accordance with section 2013 submits to the Secretary 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 Allotments.--
``(1) Reservation of funds.--From the amount made available
to carry out this subpart for any fiscal year, the Secretary
shall reserve--
``(A) \1/2\ of 1 percent for allotments for the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands, to be distributed among these
outlying areas on the basis of their relative need, as
determined by the Secretary in accordance with the purpose of
this part; and
``(B) \1/2\ of 1 percent for the Secretary of the Interior
for programs under this subpart for professional development
activities for teachers, other staff, and administrators in
schools operated or funded by the Bureau of Indian Affairs.
``(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 2001 under--
``(I) section 2202(b) of this Act (as in effect on the day
before the date of the enactment of the No Child Left Behind
Act of 2001); and
``(II) section 306 of the Department of Education
Appropriations Act, 2001 (as enacted into law by section
1(a)(1) of Public Law 106-554).
``(ii) Nonparticipating states.--In the case of a State
that did not receive any funds for fiscal year 2001 under one
or both of the provisions referred to in subclauses (I) and
(II) of clause (i), the amount allotted to the State under
such clause shall be the total amount that the State would
have received for fiscal year 2001 if it had elected to
participate in all of the programs for which it was eligible
under each of the provisions referred to in such subclauses.
``(iii) 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 required to make allotments under subparagraph
(A), the Secretary shall allot such excess amount among the
50 States, the District of Columbia, and the Commonwealth of
Puerto Rico as follows:
``(I) 50 percent of such excess amount shall be allotted
among such States on the basis of their relative populations
of individuals aged 5 through 17, as determined by the
Secretary on the basis of the most recent satisfactory data.
``(II) 50 percent of such excess amount shall be allotted
among such States in proportion to the number of children,
aged 5 to 17, who reside within the State from families with
incomes below the poverty line (as defined by the Office of
Management and Budget and revised annually in accordance with
section 673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2)) applicable to a family of the size involved
for the most recent fiscal year for which satisfactory data
are available, compared to the number of such individuals who
reside in all such States for that fiscal year.
``(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 such clause.
``(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. WITHIN-STATE ALLOCATIONS.
``(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) Reservation of Funds.--
``(1) In general.--A State that receives a grant under this
subpart may reserve not more than 5 percent of the amount of
the funds provided under the grant for--
``(A) one or more of the authorized State activities
described in subsection (e); and
``(B) planning and administration related to carrying out
such activities and making subgrants to local educational
agencies under subparts 2 and 3.
``(2) Limitation on administrative costs.--The amount
reserved by a State under paragraph (1)(B) may not exceed 1
percent of the amount of the funds provided under the grant.
``(c) Subgrants to Local Educational Agencies.--
``(1) In general.--The Secretary may make a grant to a
State under this subpart only if the State agrees to
distribute the funds described in this subsection as
subgrants to local educational agencies under subpart 3.
``(2) Hold harmless.--
``(A) In general.--From the funds that a State receives
under this subpart for any fiscal year that are not reserved
under subsection (b), the State shall allot to each local
educational agency an amount equal to the total amount that
such agency received for fiscal year 2001 under--
``(i) section 2203(1)(B) of this Act (as in effect on the
day before the date of the enactment of the No Child Left
Behind Act of 2001); and
``(ii) section 306 of the Department of Education
Appropriations Act, 2001 (as enacted into law by section
1(a)(1) of Public Law 106-554).
``(B) Nonparticipating agencies.--In the case of a local
educational agency that did not receive any funds for fiscal
year 2001 under one or both of the provisions referred to in
clauses (i) and (ii) of subparagraph (A), the amount allotted
to the agency under such subparagraph shall be the total
amount that the agency would have received for fiscal year
2001 if it had elected to participate in all of the programs
for which it was eligible under each of the provisions
referred to in such clauses.
``(C) Ratable reduction.--If the funds described in
subparagraph (A) are insufficient to
[[Page H2453]]
pay the full amounts that all local educational agencies are
eligible to receive under such subparagraph for any fiscal
year, the State shall ratably reduce such amounts for such
fiscal year.
``(3) Allotment of Additional Funds.--
``(A) In general.--For any fiscal year for which the funds
that a State receives under this subpart that are not
reserved under subsection (b) exceed the total amount
required to make allotments under paragraph (2), the State
shall distribute the amount described in subparagraph (B)
through a formula under which--
``(i) 20 percent is allocated to local educational agencies
in accordance with the relative enrollment in public and
private nonprofit elementary and secondary schools within the
boundaries of such agencies; and
``(ii) 80 percent is allocated to local educational
agencies in proportion to the number of children, aged 5 to
17, who reside within the geographic area served by such
agency from families with incomes below the poverty line (as
defined by the Office of Management and Budget and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved for the most recent fiscal year
for which satisfactory data are available, compared to the
number of such individuals who reside in the geographic areas
served by all the local educational agencies in the State for
that fiscal year.
``(B) Calculation of amount.--
``(i) In general.--The amount described in this
subparagraph for a State for any fiscal year is the base
amount for such State and year, plus any additional amount
for such State and year.
``(ii) Base amount.--For purposes of this subparagraph, the
term `base amount' means 50 percent of the funds that remain
to a State after a State makes the reservations described in
subsection (b) and the allotments described in paragraph (2).
``(iii) Additional amount.--For purposes of this
subparagraph, the term `additional amount' means the amount
(if any) by which the base amount for a State exceeds the
maximum amount described in subsection (d)(2)(B).
``(d) Math and Science Partnerships.--
``(1) In general.--The Secretary may make a grant to a
State under this subpart only if the State agrees to
distribute the amount described in paragraph (2) through a
competitive subgrant process in accordance with subpart 2.
``(2) Amount described.--
``(A) In general.--The amount described in this paragraph
for a State for any fiscal year is 50 percent of the funds
that the State receives under this subpart for the year that
remain after the State makes the reservations described in
subsection (b) and the allotments described in subsection
(c)(2).
``(B) Limitation.--In no case may the amount described in
this paragraph exceed a maximum amount calculated by
multiplying the total amount of the funds that a State
receives under this subpart for a fiscal year that the State
does not reserve under subsection (b) by a percentage,
selected by the State, that shall be not less than 15 nor
more than 20 percent.
``(e) Authorized State Activities.--The authorized State
activities referred to in subsection (b)(1)(A) are the
following:
``(1) Reforming teacher certification, recertification, or
licensure requirements to ensure that--
``(A) teachers have the necessary teaching skills and
academic content knowledge in the subject areas in which they
are assigned to teach;
``(B) teacher certification, recertification, or licensure
requirements are aligned with the State's challenging State
academic content standards; and
``(C) teachers have the knowledge and skills necessary to
help students meet challenging State student achievement
standards.
``(2) Carrying out programs that--
``(A) include support during the initial teaching or
leadership experience, such as mentoring programs that--
``(i) provide--
``(I) mentoring to beginning teachers from veteran teachers
with expertise in the same subject matter that the beginning
teachers will be teaching; or
``(II) similar mentoring to principals or superintendents;
``(ii) provide mentors time for activities such as
coaching, observing, and assisting the teachers or school
leaders who are mentored; and
``(iii) use standards or assessments for guiding beginning
teachers that are consistent with the State's student
achievement standards and with the requirements for
professional development activities under section 2033; and
``(B) establish, expand, or improve alternative routes to
State certification of teachers, especially in the areas of
mathematics and science, 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) Reforming tenure systems and implementing teacher
testing and other procedures to expeditiously remove
ineffective teachers from the classroom.
``(5) Developing enhanced performance systems to measure
the effectiveness of specific professional development
programs and strategies.
``(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 in
the development and utilization 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.
``(9) Providing assistance to local educational agencies
for the development and implementation of innovative
professional development programs that train teachers to use
technology to improve teaching and learning and are
consistent with the requirements of section 2033.
``(10) Developing or assisting local educational agencies
in developing merit-based performance systems, rigorous
assessments for teachers, and strategies which provide
differential and bonus pay for teachers in high-need subject
areas such as reading, math, and science and in high-poverty
schools and districts.
``(11) Providing assistance to local educational agencies
for the development and implementation of professional
development programs for principals that enable them to be
effective school leaders and prepare all students to achieve
challenging State content and student achievement standards,
including the development and support of school leadership
academies to help exceptionally talented aspiring or current
principals and superintendents become outstanding managers
and educational leaders.
``(12) Developing, or assisting local educational agencies
in developing, teacher advancement initiatives that promote
professional growth and emphasize multiple career paths, such
as career teacher, mentor teacher, and master teacher career
paths, with pay differentiation.
``(f) Coordination.--States receiving grants under section
202 of the Higher Education Act of 1965 shall coordinate the
use of such funds with activities carried out under this
section.
``SEC. 2013. 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 under this section shall
include the following:
``(1) A description of how the State will ensure that a
local educational agency receiving a subgrant under subpart 3
will comply with the requirements of such subpart.
``(2) A description of how the State will use funds under
this part to meet the requirements of section 1119(a)(2).
``(3) 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 title I, part A of title III, parts A and B
of title V, and (where applicable) the Individuals with
Disabilities Education Act and the Carl D. Perkins Vocational
and Technical Education Act. The application shall also
describe the comprehensive strategy that the State will take
as part of such coordination effort, to ensure that teachers
are trained in the utilization of technology so that
technology and its applications are effectively used in the
classroom to improve teaching and learning in all curriculum
and content areas, as appropriate.
``(4) 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.
``(5) A description of how the State will ensure that local
educational agencies will comply with the requirements under
section 2033, especially with respect to ensuring the
participation of teachers, principals, and parents.
``(c) Application Approval.--A State application submitted
to the Secretary under this section shall be deemed 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 subpart. The Secretary shall not finally
disapprove a State application except after giving the State
notice and opportunity for a hearing.
``Subpart 2--Math and Science Partnerships
``SEC. 2021. PURPOSE.
``The purpose of this subpart is to improve the achievement
of students in the areas of mathematics and science by
encouraging States, institutions of higher education, and
local educational agencies to participate in programs that--
``(1) focus on education and training of mathematics and
science teachers that improves teachers' knowledge and skills
and encourages intellectual growth;
``(2) improve mathematics and science teaching by
encouraging institutions of higher education to assume
greater responsibility for improving mathematics and science
teacher education through the establishment of a
comprehensive, integrated system of recruiting, training, and
advising such teachers; and
``(3) bring mathematics and science teachers in elementary
and secondary schools together with scientists,
mathematicians, and engineers to increase the subject matter
knowledge of teachers and improve their teaching skills
through the use of sophisticated laboratory equipment and
work space, computing facilities, libraries, and other
resources that institutions of higher education are better
able to provide than the schools.
[[Page H2454]]
``SEC. 2022. APPLICATION REQUIREMENTS.
``(a) In General.--An eligible partnership seeking to
receive a subgrant from a State under this subpart shall
submit an application to the State at such time, in such
manner, and accompanied by such information as the State may
require.
``(b) Partnership Application Contents.--Each such
application shall include--
``(1) an assessment of the teacher quality and professional
development of all the schools and agencies participating in
the eligible partnership with respect to the teaching and
learning of mathematics and science;
``(2) a description of how the activities to be carried out
by the eligible partnership will be aligned with State
academic content standards in mathematics and science and
with other educational reform activities that promote student
achievement in mathematics and science;
``(3) a description of how the activities to be carried out
by the eligible partnership will be based on a review of
relevant research, and an explanation of why the activities
are expected to improve student achievement and to strengthen
the quality of mathematics and science instructions; and
``(4) a description of--
``(A) how the eligible partnership will carry out the
activities described in section 2023(c); and
``(B) the eligible partnership's evaluation and
accountability plan described in section 2024.
``SEC. 2023. MATH AND SCIENCE PARTNERSHIP SUBGRANTS.
``(a) In General.--From the amount described in section
2012(d), the State educational agency, working in conjunction
with the State agency for higher education (if such agencies
are separate), shall award subgrants on a competitive basis
to eligible partnerships to enable such partnerships to carry
out activities described in subsection (c).
``(b) Duration.--The State shall award subgrants under this
subpart for a period of not less than 2 and not more than 5
years.
``(c) Authorized Activities.--A recipient of funds provided
under this subpart may use the funds for the following
activities related to elementary or secondary schools:
``(1) Establishing and operating mathematics and science
summer professional development workshops or institutes for
elementary and secondary school teachers that--
``(A) shall--
``(i) directly relate to the curriculum and content areas
in which the teacher provides instruction, and focus only
secondarily on pedagogy;
``(ii) enhance the ability of a teacher to understand and
use the State's academic content standards for mathematics
and science and to select appropriate curricula;
``(iii) train teachers to use curricula that are--
``(I) based on scientific research;
``(II) aligned with State academic content standards; and
``(III) object-centered, experiment-oriented, and concept-
and content-based; and
``(iv) provide supplemental assistance and follow-up
training during the school year for summer institute
graduates; and
``(B) may include--
``(i) programs that provide prospective teachers and novice
teachers opportunities to work under the guidance of
experienced teachers and college faculty;
``(ii) instruction in the use of data and assessments to
inform and instruct classroom practice; and
``(iii) professional development activities, including
supplemental and follow-up activities, such as curriculum
alignment, distance learning, and activities that train
teachers to utilize technology in the classroom.
``(2) Recruiting to the teaching profession--
``(A) students studying mathematics, engineering, and
science; or
``(B) mathematicians, engineers, and scientists currently
working in the field.
``(3) Establishing and operating programs to bring teachers
into contact with working scientists, mathematicians, and
engineers, to expand teacher content knowledge of and
research in science and mathematics.
``(d) Priority.--In awarding subgrants under this subpart,
States shall give priority to applications seeking funding
for the activity described in subsection (c)(1).
``(e) Coordination.--Partnerships receiving grants under
section 203 of the Higher Education Act of 1965 (20 U.S.C.
1023) shall coordinate the use of such funds with any related
activities carried out by such partnership with funds made
available under this subpart.
``SEC. 2024. EVALUATION AND ACCOUNTABILITY PLAN.
``(a) In General.--Each eligible partnership receiving a
subgrant under this subpart shall develop an evaluation and
accountability plan for activities assisted under this
subpart that includes rigorous performance objectives that
measure the impact of activities funded under this subpart.
``(b) Contents.--The plan--
``(1) shall include measurable goals to increase the number
of mathematics and science teachers who participate in
content-based professional development activities; and
``(2) may include objectives and measures for--
``(A) improved student achievement on State mathematics and
science assessments;
``(B) increased participation by students in advanced
courses in mathematics and science;
``(C) increased percentages of elementary school teachers
with academic majors or minors, or group majors or minors, in
mathematics, engineering, or the sciences; and
``(D) increased percentages of secondary school classes in
mathematics and science taught by teachers with academic
majors in mathematics and science, respectively.
``SEC. 2025. REPORTS; REVOCATION OF SUBGRANTS.
``(a) Reports.--Each eligible partnership receiving a
subgrant under this subpart annually shall report to the
State regarding the eligible partnership's progress in
meeting the performance objectives described in section 2024.
``(b) Revocation.--If the State determines that an eligible
partnership that receives a subgrant under this subpart for 5
years is not making substantial progress in meeting the
performance objectives described in section 2024 by the end
of the third year of the subgrant, the subgrant payments
shall not be made for the fourth and fifth years.
``SEC. 2026. DEFINITIONS.
``In this subpart:
``(1) Eligible partnership.--The term `eligible
partnership' means a partnership that--
``(A) shall include--
``(i) a State educational agency;
``(ii) a mathematics or science department of a private
independent institution of higher education or a State-
supported public institution of higher education; and
``(iii) a high need local educational agency; and
``(B) may include--
``(i) another institution of higher education or the
teacher training department of such an institution;
``(ii) additional local educational agencies, public
charter schools, public or private elementary or secondary
schools, or a consortium of such schools;
``(iii) a business; or
``(iv) a nonprofit organization of demonstrated
effectiveness, including a museum or research institution.
``(2) Summer professional development workshop or
institute.--The term `summer professional development
workshop or institute' means a workshop or institute that--
``(A) is conducted during a period of not less than 2
weeks;
``(B) includes as a component a program that provides
direct interaction between students and faculty; and
``(C) provides for follow-up training during the academic
year that is conducted in the classroom for a period of not
less than 3 consecutive or nonconsecutive days, except that--
``(i) if the workshop or institute is conducted during a
two-week period, the follow-up training shall be conducted
for a period of at least 4 days; and
``(ii) if the follow-up training is for teachers in rural
school districts, it may be conducted through distance
learning.
``Subpart 3--Subgrants to Local Educational Agencies
``SEC. 2031. LOCAL USE OF FUNDS.
``(a) In General.--Subject to subsection (b), each local
educational agency that receives a subgrant under this
subpart may use the subgrant to carry out the following
activities:
``(1) Initiatives to assist in recruiting and hiring fully
qualified teachers who will be assigned teaching positions
within their field, including--
``(A) providing signing bonuses or other financial
incentives, such as differential pay, for teachers to teach
in academic subject areas in which there exists a shortage of
such fully qualified teachers within a school or 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, such as through identifying teachers
certified through alternative routes, coupled with a system
of intensive screening designed to hire the most qualified
applicant.
``(2) Initiatives to promote retention of highly qualified
teachers and principals, particularly within elementary and
secondary schools with a high percentage of low-achieving
students, including programs that provide--
``(A) mentoring to newly hired teachers, such as from
master teachers, or principals or superintendents;
``(B) incentives, including financial incentives, to retain
teachers who have a record of success in helping low-
achieving students improve their academic success; or
``(C) incentives, including financial incentives, to
principals who have a record of improving the performance of
all students, but particularly students from economically
disadvantaged families and students from racial and ethnic
minority groups.
``(3) Programs and activities that are designed to improve
the quality of the teacher force, such as--
``(A) innovative professional development programs (which
may be through partnerships including institutions of higher
education), including programs that train teachers and
principals to utilize technology to improve teaching and
learning, are consistent with the requirements of section
2033, and are coordinated with part B of title V;
``(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) tenure reform;
``(D) merit pay;
``(E) testing of elementary and secondary school teachers
in the subject areas taught by such teachers;
[[Page H2455]]
``(F) 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 those who are gifted
and talented); and
``(G) professional development programs that provide
instruction in methods of improving student behavior in the
classroom and how to identify early and appropriate
interventions to help children described in subparagraph (F)
learn.
``(4) Teacher opportunity payments, consistent with section
2034.
``(5) Professional activities designed to improve the
quality of principals and superintendents, including the
development and support of academies to help exceptionally
talented aspiring or current principals and superintendents
become outstanding managers and educational leaders.
``(6) Hiring fully qualified teachers, including teachers
who become fully qualified through State and local
alternative routes, and special education teachers, in order
to reduce class size, particularly in the early grades.
``(7) Teacher advancement initiatives that promote
professional growth and emphasize multiple career paths, such
as career teacher, mentor teacher, and master teacher career
paths, with pay differentiation.
``(b) Special Rule.--
``(1) In general.--For any fiscal year for which the amount
described in section 2012(d)(2)(A) for a State is less than
15 percent of the total amount of the funds that the State
receives under this subpart for the year that the State does
not reserve under section 2012(b), each local educational
agency that receives a subgrant under this subpart from the
State shall use the funds to comply with paragraph (2).
``(2) Requirement.--A local educational agency required to
comply with this paragraph shall use not less than the amount
expended by the agency under section 2206(b) of this Act (as
in effect on the day before the date of the enactment of the
No Child Left Behind Act of 2001), for the fiscal year
preceding the year in which such enactment occurs, to carry
out professional development activities in mathematics and
science.
``SEC. 2032. LOCAL APPLICATIONS.
``(a) In General.--A local educational agency seeking to
receive a subgrant from a State under this subpart shall
submit an application to the State--
``(1) at such time as the State shall require; and
``(2) which is coordinated with other programs under this
Act, or other Acts, as appropriate.
``(b) Local Application Contents.--The local application
described in subsection (a), shall include, at a minimum, the
following:
``(1) An assurance that the local educational agency will
target funds to schools within the jurisdiction of the local
educational agency that--
``(A) have the lowest proportion of fully qualified
teachers;
``(B) have the largest average class size; or
``(C) are identified for school improvement under section
1116(b).
``(2) 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 title I, part A of
title III, parts A and B of title V, and (where applicable)
the Individuals with Disabilities Education Act and the Carl
D. Perkins Vocational and Technical Education Act.
``(3) A description of how the local educational agency
will integrate funds under this subpart with funds received
under part B of title V that are used for professional
development to train teachers to utilize technology to
improve teaching and learning.
``(4) A description of how the local educational agency has
collaborated with teachers, principals, parents, and
administrators in the preparation of the application.
``SEC. 2033. PROFESSIONAL DEVELOPMENT FOR TEACHERS.
``(a) Requirements for Professional Development
Activities.--Professional development activities under this
subpart shall--
``(1) meet the requirements of section 1119(a)(2);
``(2) support professional development activities that give
teachers, principals, and administrators the knowledge and
skills to provide students with the opportunity to meet
challenging State academic content standards and student
achievement standards;
``(3) support the recruiting, hiring, and training of fully
qualified teachers, including teachers fully qualified
through State and local alternative routes;
``(4) advance teacher understanding of effective
instructional strategies based on scientifically based
research for improving student achievement, at a minimum, in
reading or language arts and mathematics;
``(5) be directly related to the curriculum and content
areas in which the teacher provides instruction, except that
this paragraph shall not apply to subparagraphs (F) and (G)
of section 2031(3);
``(6) be designed to enhance the ability of a teacher to
understand and use the State's standards for the subject area
in which the teacher provides instruction;
``(7) be tied to scientifically based research
demonstrating the effectiveness of such professional
development activities or programs in increasing student
achievement or substantially increasing the knowledge and
teaching skills of teachers;
``(8) 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;
``(9) be developed with extensive participation of
teachers, principals, parents, and administrators of schools
to be served under this subpart;
``(10) be designed to give teachers of limited English
proficient children, and other teachers and instructional
staff, the knowledge and skills to provide instruction and
appropriate language and academic support services to such
children, including the appropriate use of curriculum and
assessments;
``(11) to the extent appropriate, provide training for
teachers and principals in the use of technology so that
technology and its applications are effectively used in the
classroom to improve teaching and learning in the curriculum
and academic content areas in which the teachers provide
instruction;
``(12) as a whole, be regularly evaluated for their impact
on increased teacher effectiveness and improved student
achievement, with the findings of such evaluations used to
improve the quality of professional development; and
``(13) provide instruction in methods of teaching children
with special needs.
``(b) Professional Development Activities.--Professional
development activities under this subpart may include--
``(1) instruction in the use of data and assessments to
inform and instruct classroom practice;
``(2) instruction in ways that teachers, principals, pupil
services personnel, and school administrators may work more
effectively with parents;
``(3) the forming of partnerships with institutions of
higher education to establish school-based teacher training
programs that provide prospective teachers and novice
teachers with an opportunity to work under the guidance of
experienced teachers and college faculty;
``(4) the creation of programs for paraprofessionals
(assisting teachers employed by a local educational agency
receiving assistance under this part) to obtain the education
necessary for such paraprofessionals to become licensed and
certified teachers; and
``(5) activities that provide follow-up training to
teachers who have participated in professional development
activities which are designed to ensure that the knowledge
and skills learned by the teacher are implemented in the
classroom.
``(c) Accountability.--
``(1) In general.--If, after any fiscal year, a State
determines that the programs or activities funded by a local
educational agency fail to meet the requirements of
subsection (a), the State shall notify the agency that--
``(A) it may be subject to paragraph (2); and
``(B) technical assistance is available from the State to
help the agency meet those requirements.
``(2) Requirement to provide teacher opportunity
payments.--A local educational agency that has been notified
by a State for 2 consecutive years under paragraph (1) shall
expend under section 2034 for the succeeding fiscal year a
proportion of the amount the agency receives under this
subpart that is equal to the proportion of the amount the
agency received under this part for the preceding fiscal year
that the agency used for professional development.
``SEC. 2034. TEACHER OPPORTUNITY PAYMENTS.
``(a) In General.--A local educational agency receiving
funds under this subpart may (or, in the case of a local
educational agency described in section 2033(c)(2), shall)
provide funds directly to a teacher or a group of teachers
seeking opportunities to participate in a professional
development activity of their choice that meets the
requirements of section 2033(a) and is selected in
consultation with the principal in order to coordinate such
professional development with other reform efforts at the
school.
``(b) Notice to Teachers.--Local educational agencies
distributing funds under this section shall establish and
implement a timely process through which proper notice of
availability of funds will be given to all teachers within
schools identified by the agency and shall develop a process
whereby teachers will have regular consultation with and be
specifically recommended by principals to participate in such
program by virtue of--
``(1) a teacher not being fully qualified to teach in the
subject or subjects in which they teach; or
``(2) a teacher's need for additional assistance to ensure
that the teacher's students make progress toward meeting
challenging State academic content standards and student
achievement standards.
``(c) Selection of Teachers.--If adequate funding is not
available to provide payments under this section to all
teachers seeking such assistance or identified as needing
such assistance pursuant to subsection (b), a local
educational agency shall establish procedures for selecting
teachers that give priority to teachers described in
paragraph (1) or (2) of subsection (b).
``Subpart 4--Mid-Career Transitions to Teaching
``CHAPTER 1--TROOPS-TO-TEACHERS PROGRAM
``SEC. 2041. AUTHORIZATION OF TROOPS-TO-TEACHERS PROGRAM.
``(a) Program Authorized.--The Secretary may carry out a
program (to be known as the `Troops-to-Teachers Program')--
``(1) to assist eligible members and former members of the
Armed Forces described in section 2042 to obtain
certification or licensure as fully qualified elementary
school teachers, secondary school teachers, or vocational or
technical teachers; and
``(2) to facilitate the employment of such members in
elementary schools or secondary schools or as vocational or
technical teachers.
``(b) Administration of Program.--The Secretary shall enter
into a memorandum of agreement with the Secretary of Defense
under which
[[Page H2456]]
the Secretary of Defense, acting through the Defense Activity
for Non-Traditional Education Support of the Department of
Defense, will perform the actual administration of the
Program, other than section 2045. Using funds appropriated to
the Secretary to carry out this chapter, the Secretary shall
transfer to the Secretary of Defense such amounts as may be
necessary to administer the Program pursuant to the
memorandum of agreement.
``(c) Information Regarding Program.--The Secretary shall
provide to the Secretary of Defense, for distribution as part
of preseparation counseling provided under section 1142 of
title 10, United States Code, to members of the Armed Forces
described in section 2042, information regarding the Troops-
to-Teachers Program and applications to participate in the
program.
``(d) Placement Assistance and Referral Services.--As part
of the Troops-to-Teachers Program, the Secretary may, with
the agreement of the Secretary of Defense, provide placement
assistance and referral services regarding employment
opportunities with local educational agencies to members of
the Armed Forces who are discharged or released from active
duty under other than adverse conditions. Unless the member
is also selected to participate in the Program under section
2042, a member receiving placement assistance and referral
services under the authority of this subsection is not
eligible for financial assistance under section 2043.
``SEC. 2042. RECRUITMENT AND SELECTION OF PROGRAM
PARTICIPANTS.
``(a) Eligible Members.--The following members and former
members of the Armed Forces are eligible for selection to
participate in the Troops-to-Teachers Program:
``(1) Any member who--
``(A) on or after October 1, 1999, becomes entitled to
retired or retainer pay in the manner provided in title 10 or
title 14, United States Code; or
``(B) on or after the date of the enactment of the No Child
Left Behind Act of 2001, has an approved date of voluntary
retirement and, as of the date the member submits an
application to participate in the Program, has one year or
less of active duty remaining before retirement.
``(2) Any member who, on or after the date of the enactment
of the No Child Left Behind Act of 2001--
``(A) is separated or released from active duty after six
or more years of continuous active duty immediately before
the separation or release; and
``(B) executes a reserve commitment agreement for a period
of three years under subsection (e)(2).
``(3) Any member who, on or after the date of the enactment
of the No Child Left Behind Act of 2001, is retired or
separated for physical disability under chapter 61 of title
10, United States Code.
``(4) Any member who--
``(A) during the period beginning on October 1, 1990, and
ending on September 30, 1999, was involuntarily discharged or
released from active duty for purposes of a reduction of
force after six or more years of continuous active duty
immediately before the discharge or release; or
``(B) applied for the teacher placement program
administered under section 1151 of title 10, United States
Code, before its repeal, and who satisfied the eligibility
criteria specified in subsection (c) of such section 1151.
``(b) Submission of Applications.--
``(1) Form and submission.--Selection of eligible members
and former members of the Armed Forces to participate in the
Troops-to-Teachers Program shall be made on the basis of
applications submitted to the Secretary within the time
periods specified in paragraph (2). An application shall be
in such form and contain such information as the Secretary
may require.
``(2) Time for submission.--An application shall be
considered to be submitted on a timely basis under paragraph
(1) if--
``(A) in the case of a member or former member of the Armed
Forces described in paragraph (1), (2), or (3) of subsection
(a), the application is submitted not later than four years
after the date on which the member is retired or separated or
released from active duty, whichever applies to the member;
or
``(B) in the case of a member or former member described in
subsection (a)(4), the application is submitted not later
than September 30, 2003.
``(c) Selection Criteria.--
``(1) Establishment.--Subject to paragraphs (2) and (3),
the Secretary shall prescribe the criteria to be used to
select eligible members and former members of the Armed
Forces to participate in the Troops-to-Teachers Program.
``(2) Educational background.--If a member or former member
of the Armed Forces described in paragraph (1), (2), or (3)
of subsection (a) is applying for assistance for placement as
an elementary or secondary school teacher, the Secretary
shall require the member to have received a baccalaureate or
advanced degree from an accredited institution of higher
education. If such a member is applying for assistance for
placement as a vocational or technical teacher, the Secretary
shall require the member--
``(A) to have received the equivalent of one year of
college from an accredited institution of higher education
and have six or more years of military experience in a
vocational or technical field; or
``(B) to otherwise meet the certification or licensure
requirements for a vocational or technical teacher in the
State in which the member seeks assistance for placement
under the Program.
``(3) Honorable service.--A member or former member of the
Armed Forces is eligible to participate in the Troops-to-
Teachers Program only if the member's last period of service
in the Armed Forces was characterized as honorable. If the
member is selected to participate in the Program before the
retirement of the member or the separation or release of the
member from active duty, the member may continue to
participate in the Program only if, upon the retirement or
separation or release from active duty, the member's last
period of service is characterized as honorable.
``(d) Selection Priorities.--In selecting eligible members
and former members of the Armed Forces to receive assistance
for placement as elementary or secondary school teachers or
vocational or technical teachers, the Secretary shall give
priority to members who have educational or military
experience in science, mathematics, special education, or
vocational or technical subjects and agree to seek employment
as science, mathematics, or special education teachers in
elementary or secondary schools or in other schools under the
jurisdiction of a local educational agency.
``(e) Other Conditions on Selection.--
``(1) Selection subject to funding.--The Secretary may not
select an eligible member or former member of the Armed
Forces to participate in the Troops-to-Teachers Program under
this section and receive financial assistance under section
2043 unless the Secretary has sufficient appropriations for
the Program available at the time of the selection to satisfy
the obligations to be incurred by the United States under
section 2043 with respect to the member.
``(2) Reserve commitment agreement.--The Secretary may not
select an eligible member or former member of the Armed
Forces described in subsection (a)(2)(A) to participate in
the Troops-to-Teachers Program under this section and receive
financial assistance under section 2043 unless--
``(A) the Secretary notifies the Secretary concerned and
the member that the Secretary has reserved a full stipend or
bonus under section 2043 for the member; and
``(B) the member executes a written agreement with the
Secretary concerned to serve as a member of the Selected
Reserve of a reserve component of the Armed Forces for a
period of three years (in addition to any other reserve
commitment the member may have).
``SEC. 2043. PARTICIPATION AGREEMENT AND FINANCIAL
ASSISTANCE.
``(a) Participation Agreement.--An eligible member or
former member of the Armed Forces selected to participate in
the Troops-to-Teachers Program under section 2042 and receive
financial assistance under this section shall be required to
enter into an agreement with the Secretary in which the
member agrees--
``(1) to obtain, within such time as the Secretary may
require, certification or licensure as a fully qualified
elementary school teacher, secondary school teacher, or
vocational or technical teacher; and
``(2) to accept an offer of full-time employment as a fully
qualified elementary school teacher, secondary school
teacher, or vocational or technical teacher for not less than
three school years with a local educational agency or public
charter school, to begin the school year after obtaining that
certification or licensure.
``(b) Violation of Participation Agreement; Exceptions.--A
participant in the Troops-to-Teachers Program shall not be
considered to be in violation of the participation agreement
entered into under subsection (a) during any period in which
the participant--
``(1) is pursuing a full-time course of study related to
the field of teaching at an institution of higher education;
``(2) is serving on active duty as a member of the Armed
Forces;
``(3) is temporarily totally disabled for a period of time
not to exceed three years as established by sworn affidavit
of a qualified physician;
``(4) is unable to secure employment for a period not to
exceed 12 months by reason of the care required by a spouse
who is disabled;
``(5) is seeking and unable to find full-time employment as
a fully qualified teacher in an elementary or secondary
school or as a vocational or technical teacher for a single
period not to exceed 27 months; or
``(6) satisfies the provisions of additional reimbursement
exceptions that may be prescribed by the Secretary.
``(c) Stipend for Participants.--
``(1) Stipend authorized.--Subject to paragraph (2), the
Secretary may pay to a participant in the Troops-to-Teachers
Program selected under section 2042 a stipend in an amount up
to $5,000.
``(2) Limitation.--The total number of stipends that may be
paid under paragraph (1) in any fiscal year may not exceed
3,000.
``(d) Bonus for Participants.--
``(1) Bonus authorized.--Subject to paragraph (2), the
Secretary may, in lieu of paying a stipend under subsection
(c), pay a bonus of $10,000 to a participant in the Troops-
to-Teachers Program selected under section 2042 who agrees in
the participation agreement under subsection (a) to accept
full-time employment as a fully qualified elementary school
teacher, secondary school teacher, or vocational or technical
teacher for not less than three years in a high need school.
``(2) Limitation.--The total number of bonuses that may be
paid under paragraph (1) in any fiscal year may not exceed
1,000.
``(3) High need school defined.--For purposes of this
subsection, the term `high need school' means a public
elementary school, public secondary school, or public charter
school that meets one or more of the following criteria:
``(A) At least 50 percent of the students enrolled in the
school were children counted under subsection (c) of section
1124 for purposes of making grants under such section to
local educational agencies, when such counting was most
recently performed.
``(B) The school has a large percentage of students who
qualify for assistance under part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.).
[[Page H2457]]
``(C) The school meets any other criteria established by
the Secretary in consultation with the National Assessment
Governing Board.
``(e) Treatment of Stipend and Bonus.--A stipend or bonus
paid under this section to a participant in the Troops-to-
Teachers Program shall be taken into account in determining
the eligibility of the participant for Federal student
financial assistance provided under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.).
``(f) Reimbursement Under Certain Circumstances.--
``(1) Reimbursement required.--A participant in the Troops-
to-Teachers Program who is paid a stipend or bonus under this
section shall be required to repay the stipend or bonus under
the following circumstances:
``(A) The participant fails to obtain teacher certification
or licensure or employment as a fully qualified elementary
school teacher, secondary school teacher, or vocational or
technical teacher as required by the participation agreement
under subsection (a).
``(B) The participant voluntarily leaves, or is terminated
for cause, from employment as an elementary school teacher,
secondary school teacher, or vocational or technical teacher
during the three years of required service in violation of
the participation agreement.
``(C) The participant executed a written agreement with the
Secretary concerned under section 2042(e)(2) to serve as a
member of a reserve component of the Armed Forces for a
period of three years and fails to complete the required term
of service.
``(2) Amount of reimbursement.--A participant required to
reimburse the Secretary for a stipend or bonus paid to the
participant under this section shall pay an amount that bears
the same ratio to the amount of the stipend or bonus as the
unserved portion of required service bears to the three years
of required service. Any amount owed by the participant shall
bear interest at the rate equal to the highest rate being
paid by the United States on the day on which the
reimbursement is determined to be due for securities having
maturities of ninety days or less and shall accrue from the
day on which the participant is first notified of the amount
due.
``(3) Treatment of obligation.--The obligation to reimburse
the Secretary under this subsection is, for all purposes, a
debt owing the United States. A discharge in bankruptcy under
title 11, United States Code, shall not release a participant
from the obligation to reimburse the Secretary.
``(4) Exceptions to reimbursement requirement.--A
participant shall be excused from reimbursement under this
subsection if the participant becomes permanently totally
disabled as established by sworn affidavit of a qualified
physician. The Secretary may also waive reimbursement in
cases of extreme hardship to the participant, as determined
by the Secretary.
``(g) Relationship to Educational Assistance Under
Montgomery GI Bill.--The receipt by a participant in the
Troops-to-Teachers Program of a stipend or bonus under this
section shall not reduce or otherwise affect the entitlement
of the participant to any benefits under chapter 30 of title
38, United States Code, or chapter 1606 of title 10, United
States Code.
``SEC. 2044. PARTICIPATION BY STATES.
``(a) Discharge of State Activities Through Consortia of
States.--The Secretary may permit States participating in the
Troops-to-Teachers Program to carry out activities authorized
for such States under the Program through one or more
consortia of such States.
``(b) Assistance to States.--
``(1) Grants authorized.--Subject to paragraph (2), the
Secretary may make grants to States participating in the
Troops-to-Teachers Program, or to consortia of such States,
in order to permit such States or consortia of States to
operate offices for purposes of recruiting eligible members
and former members of the Armed Forces for participation in
the Program and facilitating the employment of participants
in the Program as elementary school teachers, secondary
school teachers, and vocational or technical teachers.
``(2) Limitation.--The total amount of grants under
paragraph (1) in any fiscal year may not exceed $4,000,000.
``SEC. 2045. SUPPORT OF INNOVATIVE PRERETIREMENT TEACHER
CERTIFICATION PROGRAMS.
``(a) Development, Implementation and Demonstration.--The
Secretary may enter into a memorandum of agreement with a
State, an institution of higher education, or a consortia of
States or institutions of higher education, to develop,
implement, and demonstrate teacher certification programs for
members of the Armed Forces described in section
2042(a)(1)(B) for the purpose of assisting such members to
consider and prepare for a career as a fully qualified
elementary school teacher, secondary school teacher, or
vocational or technical teacher upon their retirement from
the Armed Forces.
``(b) Program Elements.--A teacher certification program
under subsection (a) must--
``(1) provide recognition of military experience and
training as related to licensure or certification
requirements;
``(2) provide courses of instruction that may be conducted
on or near a military installation;
``(3) incorporate alternative approaches to achieve teacher
certification, such as innovative methods to gaining field-
based teaching experiences, and assessment of background and
experience as related to skills, knowledge, and abilities
required of elementary school teachers, secondary school
teachers, or vocational or technical teachers;
``(4) provide for courses to also be delivered via distance
education methods; and
``(5) address any additional requirements or specifications
as established by the Secretary.
``(c) Application Procedures.--A State or institution of
higher education (or a consortia of States or institutions of
higher education) that has a program leading to State
approved teacher certification programs may submit a proposal
to the Secretary for consideration under subsection (a). The
Secretary shall give preference to proposals that provide for
a sharing of the costs to carry out the teacher certification
program.
``(d) Continuation of Programs.--The purpose of this
section is to provide funding to develop, implement, and
demonstrate teacher certification programs under subsection
(a). Upon successful completion of the demonstration phase,
the continued operation of the teacher certification programs
shall not be the responsibility of the Secretary.
``(e) Funding Limitation.--The total amount obligated by
the Secretary under this section in any fiscal year may not
exceed $5,000,000.
``SEC. 2046. REPORTING REQUIREMENTS.
``(a) Report Required.--Not later than March 31 of each
year, the Secretary (in consultation with the Secretary of
Defense and the Secretary of Transportation) and the
Comptroller General shall each submit to Congress a report on
the effectiveness of the Troops-to-Teachers Program in the
recruitment and retention of qualified personnel by local
educational agencies and public charter schools.
``(b) Elements of Report.--The report under subsection (a)
shall include information on the following:
``(1) The number of participants in the Troops-to-Teachers
Program.
``(2) The schools in which the participants are employed.
``(3) The grade levels at which the participants teach.
``(4) The subject matters taught by the participants.
``(5) The rates of retention of the participants by the
local educational agencies and public charter schools
employing the participants.
``(6) Such other matters as the Secretary or the
Comptroller General, as the case may be, considers
appropriate.
``(c) Recommendations.--The report of the Comptroller
General under this section shall also include any
recommendations of the Comptroller General regarding any
means of improving the Troops-to-Teachers Program, including
means of enhancing the recruitment and retention of
participants in the Program.
``SEC. 2047. DEFINITIONS.
``For purposes of this chapter:
``(1) Armed forces.--The term `Armed Forces' means the
Army, Navy, Air Force, Marine Corps, and Coast Guard.
``(2) Program.--The term `Program' means the Troops-to-
Teachers Program authorized by this subpart.
``(3) Reserve component.--The term `reserve component'
means--
``(A) the Army National Guard of the United States;
``(B) the Army Reserve;
``(C) the Naval Reserve;
``(D) the Marine Corps Reserve;
``(E) the Air National Guard of the United States;
``(F) the Air Force Reserve; and
``(G) the Coast Guard Reserve.
``(4) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of the Army, with respect to matters
concerning a reserve component of the Army;
``(B) the Secretary of the Navy, with respect to matters
concerning a reserve component of the Navy;
``(C) the Secretary of the Air Force, with respect to
matters concerning a reserve component of the Air Force; and
``(D) the Secretary of Transportation, with respect to
matters concerning the Coast Guard Reserve.
``CHAPTER 2--TRANSITION TO TEACHING
``SEC. 2048. PROFESSIONALS SEEKING TO CHANGE CAREERS.
``(a) Purpose.--The purpose of this section is to address
the need of high-need local educational agencies for highly
qualified teachers in particular subject areas, such as
mathematics, science, foreign languages, bilingual education,
and special education, needed by those agencies, following
the model of the program under chapter 1, by recruiting,
preparing, placing, and supporting career-changing
professionals who have knowledge and experience that will
help them become such teachers.
``(b) Program Authorized.--The Secretary may award grants,
contracts, or cooperative agreements to institutions of
higher education and public and private nonprofit agencies or
organizations to carry out programs authorized by this
section.
``(c) Application.--Each applicant that desires an award
under subsection (b) shall submit an application to the
Secretary containing such information as the Secretary
requires, including--
``(1) a description of the target group of career-changing
professionals upon which the applicant will focus its
recruitment efforts in carrying out its program under this
section, including a description of the characteristics of
that target group that shows how the knowledge and experience
of its members are relevant to meeting the purpose of this
section;
``(2) a description of the training that program
participants will receive and how that training will relate
to their certification as teachers;
``(3) a description of how the applicant will collaborate,
as needed, with other institutions, agencies, or
organizations to recruit, train, place, support, and provide
teacher induction programs to program participants under this
section, including evidence of the commitment of those
institutions, agencies, or organizations to the applicant's
program;
[[Page H2458]]
``(4) a description of how the applicant will evaluate the
progress and effectiveness of its program, including--
``(A) the program's goals and objectives;
``(B) the performance indicators the applicant will use to
measure the program's progress; and
``(C) the outcome measures that will be used to determine
the program's effectiveness; and
``(5) such other information and assurances as the
Secretary may require.
``(d) Uses of Funds and Period of Service.--
``(1) Authorized activities.--Funds under this section may
be used for--
``(A) recruiting program participants, including informing
them of opportunities under the program and putting them in
contact with other institutions, agencies, or organizations
that would train, place, and support them;
``(B) training stipends and other financial incentives for
program participants, not to exceed $5,000 per participant;
``(C) assisting institutions of higher education or other
providers of teacher training to tailor their training to
meet the particular needs of professionals who are changing
their careers to teaching;
``(D) placement activities, including identifying high-need
local educational agencies with a need for the particular
skills and characteristics of the newly trained program
participants and assisting those participants to obtain
employment in those local educational agencies; and
``(E) post-placement induction or support activities for
program participants.
``(2) Period of service.--A program participant in a
program under this section who completes his or her training
shall serve in a high-need local educational agency for at
least 3 years.
``(3) Repayment.--The Secretary shall establish such
requirements as the Secretary determines appropriate to
ensure that program participants who receive a training
stipend or other financial incentive under paragraph (1)(B),
but fail to complete their service obligation under paragraph
(2), repay all or a portion of such stipend or other
incentive.
``(e) Equitable Distribution.--To the extent practicable,
the Secretary shall make awards under this section that
support programs in different geographic regions of the
United States.
``(f) Definition.--As used in this section, the term
`program participants' means career-changing professionals
who--
``(1) hold at least a baccalaureate degree;
``(2) demonstrate interest in, and commitment to, becoming
a teacher; and
``(3) have knowledge and experience that are relevant to
teaching a high-need subject area in a high-need local
educational agency.
``Subpart 5--Funding
``SEC. 2051. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) In General.--For the purpose of carrying out this
part, other than subpart 4, there are authorized to be
appropriated $3,600,000,000 for fiscal year 2002 and such
sums as may be necessary for each of fiscal years 2003
through 2006.
``(b) Subpart 4.--For the purpose of carrying out subpart
4, there are authorized to be appropriated $50,000,000 for
fiscal year 2002 and such sums as may be necessary for each
of fiscal years 2003 through 2006.
``Subpart 6--General Provisions
``SEC. 2061. DEFINITIONS.
``For purposes of this part--
``(1) Arts and sciences.--The term `arts and sciences'
means--
``(A) when referring to an organizational unit of an
institution of higher education, any academic unit that
offers one or more academic majors in disciplines or content
areas corresponding to the academic subject matter areas in
which teachers provide instruction; and
``(B) when referring to a specific academic subject matter
area, the disciplines or content areas in which academic
majors are offered by the arts and sciences organizational
unit.
``(2) Beginning teacher.--The term `beginning teacher'
means an educator in a public school who has not yet been
teaching 3 full school years.
``(3) Mentoring program.--The term `mentoring program'
means to provide professional support and development,
instruction, and guidance to beginning teachers, but does not
include a teacher or individual who begins to work in a
supervisory position.
``(4) Publicly report.--The term `publicly report', when
used with respect to the dissemination of information, means
that the information is made widely available to the public,
including parents and students, through such means as the
Internet and major print and broadcast media outlets.''.
SEC. 202. NATIONAL WRITING PROJECT.
(a) Transfer and Redesignation.--Part K of title X (20
U.S.C. 8331 et seq.) is transferred and redesignated as part
B of title II. Sections 10991 and 10992 are redesignated as
sections 2101 and 2102, respectively.
(b) Evaluation.--Section 2102(g) (as so redesignated) is
amended--
(1) in paragraph (1), by striking ``14701.'' and inserting
``8651.''; and
(2) in paragraph (2), by striking ``1994'' and inserting
``2002''.
(c) Reauthorization.--Section 2102(i) (as so redesignated)
is amended by striking ``$4,000,000 for fiscal year 1995, and
such sums as may be necessary for each of the four succeeding
fiscal years,'' and inserting ``such sums as may be necessary
for fiscal year 2002 and the four succeeding fiscal years,''.
(d) Continuation of Awards.--Notwithstanding any other
provision of this Act, any person or agency that was awarded
a grant or contract under part K of title X (20 U.S.C. 8331
et seq.) prior to the date of the enactment of this Act shall
continue to receive funds in accordance with the terms of
such award until the date on which the award period
terminates under such terms.
SEC. 203. CIVIC EDUCATION; TEACHER LIABILITY PROTECTION.
(a) In General.--Title II, as amended by sections 201 and
202, is further amended by adding at the end the following:
``PART C--CIVIC EDUCATION
``SEC. 2201. SHORT TITLE.
``This part may be cited as the `Education for Democracy
Act'.
``SEC. 2202. FINDINGS.
``The Congress finds that--
``(1) college freshmen surveyed in 1999 by the Higher
Education Research Institute at the University of California
at Los Angeles demonstrated higher levels of disengagement,
both academically and politically, than any previous entering
class of students;
``(2) college freshmen in 1999 demonstrated the lowest
levels of political interest in the 20-year history of
surveys conducted by the Higher Education Research Institute
at the University of California at Los Angeles;
``(3) United States secondary school students expressed
relatively low levels of interest in politics and economics
in a 1999 Harris survey;
``(4) the 32d Annual Phi Delta Kappa/Gallup Poll of 2000
indicated that preparing students to become responsible
citizens was the most important purpose of public schools;
``(5) Americans surveyed by the Organization of Economic
Cooperation and Development indicated that only 59 percent
had confidence that schools have a major effect on the
development of good citizenship;
``(6) teachers too often do not have sufficient expertise
in the subjects that they teach, and 50 percent of all
secondary school history students in America are being taught
by teachers with neither a major nor a minor in history;
``(7) secondary school students correctly answered fewer
than 50 percent of the questions on a national test of
economic knowledge in a 1999 Harris survey;
``(8) the 1998 National Assessment of Educational Progress
indicated that students have only superficial knowledge of,
and lacked a depth of understanding regarding, civics;
``(9) civics and economic education are important not only
to developing citizenship competencies in the United States
but also are critical to supporting political stability and
economic health in other democracies, particularly emerging
democratic market economies;
``(10) more than 75 percent of Americans surveyed by the
National Constitution Center in 1997 admitted that they knew
only some or very little about the Constitution of the United
States; and
``(11) the Constitution of the United States is too often
viewed within the context of history and not as a living
document that shapes current events.
``SEC. 2203. PURPOSE.
``It is the purpose of this part--
``(1) to improve the quality of civics and government
education 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 emerging
democracies.
``SEC. 2204. AUTHORITY.
``The Secretary may make grants to, or enter into contracts
with--
``(1) the Center for Civic Education to carry out civic
education activities in accordance with sections 2205 and
2206; and
``(2) the National Council on Economic Education to carry
out economic education activities in accordance with section
2206.
``SEC. 2205. WE THE PEOPLE PROGRAM.
``(a) Use of Funds.--The Center for Civic Education may use
funds made available under grants or contracts under section
2204(1) only to carry out activities--
``(1) under the Citizen and the Constitution program in
accordance with subsection (b); and
``(2) under the Project Citizen program in accordance with
subsection (c).
``(b) Citizen and the Constitution Program.--
``(1) Educational activities.--The Center for Civic
Education--
``(A) shall use funds made available under grants or
contracts under section 2204(1)--
``(i) to continue and expand the educational activities of
the program entitled the `We the People . . . The Citizen and
the Constitution' administered by the Center for Civic
Education;
``(ii) to carry out activities to enhance student
attainment of challenging academic content standards in
civics and government;
``(iii) to provide a course of instruction on the basic
principles of the Nation's constitutional democracy and the
history of the Constitution of the United States, including
the Bill of Rights;
``(iv) to provide, at the request of a participating
school, school and community simulated congressional hearings
following the course of instruction described in clause
(iii); and
``(v) to provide an annual national competition of
simulated congressional hearings for secondary school
students who wish to participate in such a program; and
``(B) may use assistance made available under section
2204(1)--
``(i) to provide advanced sustained and ongoing training of
teachers about the Constitution of the United States and the
political system of the United States;
[[Page H2459]]
``(ii) to provide materials and methods of instruction,
including teacher training, that utilize the latest
advancements in educational technology; and
``(iii) to provide civic education materials and services
to address specific problems such as the prevention of school
violence and the abuse of drugs and alcohol.
``(2) Availability of program.--As a condition of receipt
of funds under grants or contracts under section 2204(1), the
Secretary shall require the Center for Civic Education to
make the education program authorized under this subsection
available to public and private elementary schools and
secondary schools, including Bureau-funded schools, in each
of the 435 congressional districts, and in the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
``(c) Project Citizen.--
``(1) Educational activities.--The Center for Civic
Education--
``(A) shall use funds made available under grants or
contracts under section 2204(1)--
``(i) to continue and expand the educational activities of
the program entitled the `We the People . . . Project
Citizen' program administered by the Center;
``(ii) to carry out activities to enhance student
attainment of challenging academic content standards in
civics and government;
``(iii) to provide 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; and
``(iv) to provide an annual national showcase or
competition; and
``(B) may use funds made available under grants or
contracts under section 2204(1)--
``(i) to provide optional school and community simulated
State legislative hearings;
``(ii) to provide advanced sustained and ongoing training
of teachers on the roles of State and local governments in
the Federal system established by the Constitution of the
United States;
``(iii) to provide materials and methods of instruction,
including teacher training, that utilize the latest
advancements in educational technology; and
``(iv) to provide civic education materials and services to
address specific problems such as the prevention of school
violence and the abuse of drugs and alcohol.
``(2) Availability of program.--As a condition of receipt
of funds under grants or contracts under section 2204(1), the
Secretary shall require the Center for Civic Education to
make the education program authorized under this subsection
available to public and private middle schools, including
Bureau-funded schools, in each of the 50 States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
``(d) Bureau-Funded School Defined.--In this section, the
term `Bureau-funded school' has the meaning given such term
in section 1146 of the Education Amendments of 1978 (25
U.S.C. 2026).
``SEC. 2206. COOPERATIVE CIVIC EDUCATION AND ECONOMIC
EDUCATION EXCHANGE PROGRAMS.
``(a) Use of Funds.--The Center for Civic Education and the
National Council on Economic Education may use funds made
available under grants or contracts under section 2204(2)
only to carry out cooperative education exchange programs
that--
``(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 programs
described in paragraph (1);
``(3) create and implement programs for civics and
government education, and economic education, for students
that draw upon the experiences of the participating eligible
countries;
``(4) provide 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) independent 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.
``(b) Activities.--In carrying out the cooperative
education exchange programs assisted under this section, the
Center for Civic Education and the National Council on
Economic Education shall--
``(1) provide to the participants from eligible countries--
``(A) seminars on the basic principles of United States
constitutional democracy and economic system, 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 with respect to United
States civics 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; and
``(D) independent research and evaluation assistance--
``(i) to determine 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) to identify effective participation in and the
preservation and improvement of an efficient market economy;
``(2) provide to the participants from the United States--
``(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) independent research and evaluation assistance to
determine--
``(i) the effects of the cooperative education exchange
programs assisted under this section 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.
``(c) 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
teachers, 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.
``(d) Consultation.--The Secretary may make a grant, or
enter into a contract, under section 2204(2) only if the
Secretary of State concurs with the Secretary that such
grant, or contract, is consistent with the foreign policy of
the United States.
``(e) Avoidance of Duplication.--With the concurrence of
the Secretary of State, the Secretary shall ensure that--
``(1) the activities carried out under the programs
assisted under this section are not duplicative of other
activities conducted in eligible countries; and
``(2) any institutions in eligible countries, with which
the Center for Civic Education or the National Council on
Economic Education may work in conducting such activities,
are creditable.
``(f) Eligible Country Defined.--In this section, the term
`eligible country' means a Central European country, an
Eastern European country, Lithuania, Latvia, Estonia, the
independent states of the former Soviet Union as defined in
section 3 of the FREEDOM Support Act (22 U.S.C. 5801), the
Republic of Ireland, the province of Northern Ireland in the
United Kingdom, and any developing country (as such term is
defined in section 209(d) of the Education for the Deaf Act)
if the Secretary, with the concurrence of the Secretary of
State, determines that such developing country has a
democratic form of government.
``SEC. 2207. FUNDING.
``(a) Authorization of Appropriations.--
``(1) We the people program.--There are authorized to be
appropriated to carry out sections 2204(1) and 2205 such sums
as may be necessary for each of fiscal years 2002 through
2006.
``(2) Cooperative civic education and economic education
exchange programs.--There are authorized to be appropriated
to carry out sections 2204(2) and 2206 such sums as may be
necessary for each of fiscal years 2002 through 2006.
``(b) Limitation.--In each fiscal year, the Secretary may
use not more than 50 percent of the amount appropriated under
subsection (a)(2) for assistance for economic educational
activities.
``PART D--TEACHER LIABILITY PROTECTION
``SEC. 2301. TEACHER IMMUNITY.
``(a) Immunity.--Notwithstanding any other provision of
law, no school board member of, or teacher or administrator
in, a local educational agency that receives funds under this
Act shall be liable for monetary damages in his or her
personal capacity for an action that was taken in carrying
out his or her official duties and intended to maintain
school discipline, so long as that action was not prohibited
under State or local law and did not constitute reckless or
criminal misconduct.
``(b) Limitation.--The immunity established under
subsection (a) shall apply only to liability arising under
Federal law.''.
(b) Continuation of Awards.--Notwithstanding any other
provision of this Act, any person or agency that was awarded
a grant under part F of title X (20 U.S.C. 8141 et seq.)
prior to the date of the enactment of this Act shall continue
to receive funds in accordance with the terms of such award
until the date on
[[Page H2460]]
which the award period terminates under such terms.
TITLE III--EDUCATION OF LIMITED ENGLISH PROFICIENT AND IMMIGRANT
CHILDREN; INDIAN AND ALASKA NATIVE EDUCATION
PART A--EDUCATION OF LIMITED ENGLISH PROFICIENT AND IMMIGRANT CHILDREN
SEC. 301. PROGRAMS AUTHORIZED.
(a) Title Heading.--The heading for title III is amended to
read as follows:
``TITLE III--EDUCATION OF LIMITED ENGLISH PROFICIENT AND IMMIGRANT
CHILDREN; INDIAN AND ALASKA NATIVE EDUCATION''.
(b) Short Title.--Section 3101 (20 U.S.C. 6801) is
repealed.
(c) Limitation on Availability of Certain Funds for
Schools.--
(1) In general.--Section 3601 (20 U.S.C. 7001)--
(A) is transferred to part B of title V (as amended by
section 501) and inserted after section 5204 (as so amended);
(B) is redesignated as section 5205; and
(C) is amended by striking ``this title'' each place such
term appears and inserting ``this part''.
(2) Part heading repeal.--The part heading for part F of
title III is repealed.
(d) Limited English Proficient and Immigrant Children.--
Parts A through E of title III (20 U.S.C. 6811 et seq.) are
amended to read as follows:
``PART A--EDUCATION OF LIMITED ENGLISH PROFICIENT AND IMMIGRANT
CHILDREN
``Subpart 1--English Language and Academic Instructional Programs
``SEC. 3101. SHORT TITLE.
``This subpart may be cited as the `English Language
Proficiency and Academic Achievement Act'.
``SEC. 3102. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds as follows:
``(1) English is the common language of the United States
and every citizen and other person residing in the United
States should have a command of the English language in order
to develop to their full potential.
``(2) Limited English proficient children, including recent
immigrant children, must overcome a number of challenges in
receiving an education in order to participate fully in
American society, including--
``(A) segregated educational programs;
``(B) disproportionate and improper placement in special
education and other special programs due to the use of
inappropriate evaluation procedures;
``(C) the limited English proficiency of their parents,
which hinders the parents' ability to fully participate in
the education of their children; and
``(D) a need for additional teachers and other staff who
are professionally trained and qualified to serve such
children.
``(3) States and local educational agencies need assistance
in developing the capacity to provide programs of instruction
that offer and provide an equal educational opportunity to
children who need special assistance because English is not
their dominant language.
``(4) Since 1979, the number of limited English proficient
children attending school in the United States has more than
doubled to greater than 4,000,000, and demographic trends
indicate the population of limited English proficient
children will continue to increase.
``(5) Native Americans, including native residents of the
outlying areas, and Native American languages (as such terms
are defined in section 103 of the Native American Languages
Act) have a unique status under Federal law that requires
special policies within the broad purposes of this part to
serve the educational needs of language minority students in
the United States.
``(6) Research, evaluation, and data collection
capabilities in the field of instruction for limited English
proficient children need to be strengthened so that educators
and other staff teaching limited English proficient children
in the classroom can better identify and promote programs,
program implementation strategies, and instructional
practices that result in the effective education of limited
English proficient children.
``(7) The Federal Government has a special and continuing
obligation to ensure that States and local educational
agencies provide children of limited English proficiency the
same educational opportunities afforded other children.
``(b) Purposes.--The purposes of this part are--
``(1) to help ensure that children who are limited English
proficient, including recent immigrant children, attain
English proficiency, develop high levels of academic
attainment in English, and meet the same challenging State
academic content standards and challenging State student
academic achievement standards expected of all children;
``(2) to develop high-quality programs designed to assist
local educational agencies in teaching limited English
proficient children;
``(3) to assist local educational agencies to develop and
enhance their capacity to provide high-quality instructional
programs designed to prepare limited English proficient
students, including recent immigrant students, to enter all-
English instructional settings within 3 years; and
``(4) to provide State educational agencies and local
educational agencies with the flexibility to implement
instructional programs, tied to scientifically based reading
research and sound research and theory on teaching limited
English proficient children, that the agencies believe to be
the most effective for teaching English.
``SEC. 3103. PARENTAL NOTIFICATION AND CONSENT FOR ENGLISH
LANGUAGE INSTRUCTION.
``(a) Notification.--If a local educational agency uses
funds under this subpart to provide English language
instruction to limited English proficient children, the
agency shall inform a parent or the parents of a child
participating in an English language instruction program for
limited English proficient children assisted under this
subpart of--
``(1) the reasons for the identification of the child as
being in need of English language instruction;
``(2) the child's level of English proficiency, how such
level was assessed, and the status of the child's academic
achievement;
``(3) how the English language instruction program will
specifically help the child acquire English and meet age-
appropriate standards for grade promotion and graduation;
``(4) what the specific exit requirements are for the
program;
``(5) the expected rate of transition from the program into
a classroom that is not tailored for limited English
proficient children; and
``(6) the expected rate of graduation from high school for
the program if funds under this subpart are used for children
in secondary schools.
``(b) Consent.--
``(1) Agency requirements.--
``(A) Informed consent.--For a child who has been
identified as limited English proficient prior to the
beginning of the school year, each local educational agency
that receives funds under this subpart shall make a
reasonable and substantial effort to obtain informed parental
consent prior to the placement of a child in an English
language instruction program for limited English proficient
children funded under this subpart, if the program does not
include classes which exclusively or almost exclusively use
the English language in instruction.
``(B) Written consent not obtained.--
``(i) In general.--If written consent is not obtained, the
local educational agency shall maintain a written record that
includes the date and the manner in which such informed
consent was sought, including the specific efforts made to
obtain such consent.
``(ii) Proof of effort.--Notice, in an understandable form,
of specific efforts made to obtain written consent and a copy
of the written record described in clause (i) shall be mailed
or delivered in writing to a parent or the parents of a child
prior to placing the child in a program described in
subparagraph (A), and shall include a final request for
parental consent for such services. After such notice has
been mailed or delivered in writing, the local educational
agency shall provide appropriate educational services.
``(iii) Special rule applicable during school year.--For
those children who have not been identified as limited
English proficient prior to the beginning of the school year,
the local educational agency shall make a reasonable and
substantial effort to obtain parental consent under this
clause. For such children, the agency shall document, in
writing, its specific efforts to obtain such consent prior to
placing the child in a program described in subparagraph (A).
After such documentation has been made, the local educational
agency shall provide appropriate educational services to such
child. The proof of documentation shall be mailed or
delivered in writing to a parent or the parents of the child
in a timely manner and shall include information on how to
have their child immediately removed from the program upon
their request. Nothing in this clause shall be construed as
exempting a local educational agency from complying with the
notification requirements of subsection (a) and the consent
requirements of this paragraph.
``(2) Parental rights.--A parent or the parents of a child
participating in an English language instruction program for
limited English proficient children assisted under this
subpart--
``(A) shall select among methods of instruction, if more
than one method is offered in the program; and
``(B) shall have the right to have their child immediately
removed from the program upon their request.
``(c) Receipt of Information.--A parent or the parents of a
child identified for participation in an English language
instruction program for limited English proficient children
assisted under this subpart shall receive, in a manner and
form understandable to the parent or parents, the information
required by this subsection. At a minimum, the parent or
parents shall receive--
``(1) timely information about English language instruction
programs for limited English proficient children assisted
under this part;
``(2) if a parent or the parents of a participating child
so desire, notice of opportunities for regular meetings for
the purpose of formulating and responding to recommendations
from the parent or parents; and
``(3) procedural information for removing a child from a
program for limited English proficient children.
``(d) Basis for Admission or Exclusion.--Students shall not
be admitted to, or excluded from, any federally assisted
education program on the basis of a surname or language-
minority status.
``SEC. 3104. TESTING OF LIMITED ENGLISH PROFICIENT CHILDREN.
``(a) In General.--Assessments of limited English
proficient children participating in programs funded under
this subpart, to the extent practicable, shall be in the
language and form most likely to yield accurate and reliable
information on what such students know and can do in content
areas.
[[Page H2461]]
``(b) Special Rule.--Notwithstanding subsection (a), in the
case of an assessment of reading or language arts of any
student who has attended school in the United States
(excluding Puerto Rico) for 3 or more consecutive school
years, the assessment shall be in the form of a test written
in English, except that, if the entity administering the
assessment determines, on a case-by-case individual basis,
that assessments in another language or form would likely
yield more accurate and reliable information on what such
student knows and can do, the entity may assess such student
in such language or form for 1 additional year.
``SEC. 3105. FORMULA GRANTS TO STATES.
``(a) In General.--In the case of each State that in
accordance with section 3107 submits to the Secretary an
application for a fiscal year, the Secretary shall make a
grant for the year to the State for the purposes specified in
subsection (b). The grant shall consist of the allotment
determined for the State under subsection (c).
``(b) Purposes of Grants.--
``(1) Required expenditures.--The Secretary may make a
grant under subsection (a) only if the State involved agrees
that the State will expend at least 95 percent of its
allotment under subsection (c) for the purpose of making
subgrants to eligible entities to provide assistance to
limited English proficient children in accordance with
sections 3108 and 3109.
``(2) Authorized expenditures.--Subject to paragraph (3), a
State that receives a grant under subsection (a) may expend
not more than 5 percent of its allotment under subsection (c)
for one or more of the following purposes:
``(A) Carrying out--
``(i) professional development activities, and other
activities, that assist personnel in meeting State and local
certification requirements for teaching limited English
proficient children; and
``(ii) other activities that provide such personnel with
the skills and knowledge necessary to educate limited English
proficient children.
``(B) Providing scholarships and fellowships to students
who agree to teach limited English proficient children once
they graduate.
``(C) Planning, administration, and interagency
coordination related to the subgrants referred to in
paragraph (1).
``(D) Providing technical assistance and other forms of
assistance to local educational agencies that--
``(i) educate limited English proficient children; and
``(ii) are not receiving a subgrant from a State under this
subpart.
``(E) Providing bonuses to subgrantees whose performance
has been exceptional in terms of the speed with which
children enrolled in the subgrantee's programs and activities
attain English language proficiency and meet challenging
State academic content standards and challenging State
student academic achievement standards.
``(3) Limitation on administrative costs.--In carrying out
paragraph (2), a State that receives a grant under subsection
(a) may expend not more than 2 percent of its allotment under
subsection (c) for the purposes described in paragraph
(2)(C).
``(c) Determination of Allotment Amounts.--
``(1) Reservations.--From the amount appropriated under
section 3110 to carry out this subpart for each fiscal year,
the Secretary shall reserve--
``(A) .5 percent of such amount for payments to entities
that are considered to be local educational agencies under
section 3106(a) for activities approved by the Secretary;
``(B) .5 percent of such amount for payments to outlying
areas, to be allotted in accordance with their respective
needs for assistance under this subpart, as determined by the
Secretary, for activities, approved by the Secretary,
consistent with this part; and
``(C) \1/2\ of 1 percent of such amount for evaluation of
the programs under this part and for dissemination of best
practices.
``(2) Continuation awards.--Before making awards to States
under paragraph (3) for any fiscal year, the Secretary shall
make continuation awards to recipients of grants under
subpart 1 of part A of the Bilingual Education Act, as that
Act was in effect on the day before the effective date of the
No Child Left Behind Act of 2001, in order to allow such
recipients to continue to receive funds in accordance with
the terms of their grant until the date on which the grant
period otherwise would have terminated if the No Child Left
Behind Act of 2001 had not been enacted.
``(3) State allotments.--
``(A) In general.--From the amount appropriated under
section 3110 to carry out this subpart for each fiscal year
that remains after carrying out paragraphs (1) and (2), the
Secretary shall allot to each of the 50 States, the District
of Columbia, and the Commonwealth of Puerto Rico an amount
which bears the same ratio to such amount as the total number
of children and youth who are limited English proficient and
who reside in such State bears to the total number of such
children and youth residing in all such States that, in
accordance with section 3107, submit to the Secretary an
application for the year.
``(B) Reallotment.--
``(i) In general.--If any State described in subparagraph
(A) does not submit to the Secretary an application for a
fiscal year, or submits an application (or any modification
to an application) that the Secretary, after reasonable
notice and opportunity for a hearing, determines does not
satisfy the requirements of this subpart, the Secretary--
``(I) shall endeavor to make the State's allotment
available on a competitive basis to specially qualified
agencies within the State that satisfy the requirements
applicable to eligible entities under section 3108 and any
additional requirements that may be imposed by the Secretary;
and
``(II) shall reallot any portion of such allotment
remaining after the application of subclause (I) to the
remaining States in accordance with subparagraph (A).
``(ii) Requirements on specially qualified agencies.--If a
specially qualified agency receives funds under this
subparagraph, the requirements of subsection (b) shall not
apply to the agency. In lieu of those requirements, the
specially qualified agency shall expend the funds for the
authorized activities described in section 3108(b) and
otherwise shall satisfy the requirements of section 3108.
``(C) Special rule for puerto rico.--The total amount
allotted to Puerto Rico for any fiscal year under
subparagraph (A) shall not exceed .5 percent of the total
amount allotted to all States for that fiscal year.
``(4) Use of data for determinations.--
``(A) In general.--Except as provided in subparagraph (B),
for the purpose of determining the number of children and
youth who are limited English proficient and reside in a
State and in all States for each fiscal year, the Secretary
shall use the most recent satisfactory data available from
the Bureau of the Census and the American Community Survey
available from the Department of Commerce.
``(B) Exception.--If the data described in subparagraph (A)
are more than 4 years old or unavailable, the Secretary shall
use the most recent satisfactory data provided by the States,
such as enrollment data and data that reflect the number of
students taking the English proficiency assessments in the
States.
``(5) No reduction permitted based on teaching method.--The
Secretary may not reduce a State's allotment based on the
State's selection of any method of instruction as its
preferred method of teaching the English language to children
who are limited English proficient.
``SEC. 3106. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN
SCHOOL.
``(a) Eligible Entities.--For the purpose of carrying out
programs under this part for individuals served by
elementary, secondary, and postsecondary schools operated
predominately for Native American or Alaska Native children,
the following shall be considered to be a local educational
agency:
``(1) An Indian tribe.
``(2) A tribally sanctioned educational authority.
``(3) A Native Hawaiian or Native American Pacific Islander
native language educational organization.
``(4) An elementary or secondary school that is operated or
funded by the Bureau of Indian Affairs, or a consortium of
such schools.
``(5) An elementary or secondary school operated under a
contract with or grant from the Bureau of Indian Affairs, in
consortium with another such school or a tribal or community
organization.
``(6) An elementary or secondary school operated by the
Bureau of Indian Affairs and an institution of higher
education, in consortium with an elementary or secondary
school operated under a contract with or grant from the
Bureau of Indian Affairs or a tribal or community
organization.
``(b) Submission of Applications for Assistance.--
Notwithstanding any other provision of this part, an entity
that is considered to be a local educational agency under
subsection (a), and that desires to submit an application for
Federal financial assistance under this subpart, shall submit
the application to the Secretary. In all other respects, such
an entity shall be eligible for a subgrant under this subpart
on the same basis as any other local educational agency.
``SEC. 3107. APPLICATIONS BY STATES.
``For purposes of section 3105, an application submitted by
a State for a grant under such section for a fiscal year is
in accordance with this section if the application--
``(1) describes the process that the State will use in
making competitive subgrants to eligible entities under
section 3109(c);
``(2) contains an agreement that, in carrying out this
subpart, the State will address the needs of school systems
of all sizes and in all geographic areas, including rural and
urban schools;
``(3) contains an agreement that competitive subgrants to
eligible entities under section 3109(c) shall be of
sufficient size and scope to allow such entities to carry out
high quality education programs for limited English
proficient children;
``(4) contains an agreement that the State will coordinate
its programs and activities under this subpart with its other
programs and activities under this Act and other Acts, as
appropriate;
``(5) contains an agreement that the State--
``(A) shall monitor the progress of students enrolled in
programs and activities receiving assistance under this
subpart in attaining English proficiency and in attaining
challenging State academic content standards and challenging
State student academic achievement standards;
``(B) shall establish standards and benchmarks for English
language development that are aligned with State academic
content and achievement standards; and
``(C) will ensure that eligible entities comply with
section 3104 to annually test children in English who have
been in the United States for 3 or more consecutive years;
``(6) contains an assurance that the State will develop
high-quality annual assessments to measure English language
proficiency and require eligible entities receiving a
subgrant under this subpart annually to assess the English
proficiency of all children with limited English proficiency
participating in a program funded under this subpart;
[[Page H2462]]
``(7) contains an agreement that the State will develop
annual performance objectives for raising the level of
English proficiency of each limited English proficient
student, and that these objectives shall include percentage
increases in performance on annual assessments in reading,
writing, speaking, and listening comprehension as compared to
the preceding school year; and
``(8) contains an agreement that the State will require
eligible entities receiving a subgrant under this subpart to
use the subgrant in ways that will build such recipient's
capacity to continue to offer high-quality English language
instruction and programs which assist limited English
proficient children in attaining challenging State academic
content standards and challenging State student academic
achievement standards once assistance under this subpart is
no longer available.
``SEC. 3108. SUBGRANTS TO ELIGIBLE ENTITIES.
``(a) Purposes of Subgrants.--A State may make a subgrant
to an eligible entity from funds received by the State under
this subpart only if the entity agrees to expend the funds to
improve the education of limited English proficient children
and their families, through the acquisition of English and
the attainment of challenging State academic content
standards and challenging State student academic achievement
standards, using approaches and methodologies based on
scientifically based reading research and sound research and
theory on teaching limited English proficient children, by--
``(1) developing and implementing new English language and
academic content instructional programs for children who are
limited English proficient, including programs of early
childhood education and kindergarten through 12th grade
education;
``(2) carrying out highly focused, innovative, locally
designed projects to expand or enhance existing English
language and academic content instruction programs for
limited English proficient children;
``(3) implementing, within an individual school, schoolwide
programs for restructuring, reforming, and upgrading all
relevant programs and operations relating to English language
and academic content instruction for limited English
proficient students; or
``(4) implementing, within the entire jurisdiction of a
local educational agency, agencywide programs for
restructuring, reforming, and upgrading all relevant programs
and operations relating to English language and academic
content instruction for limited English proficient students.
``(b) Authorized Subgrantee Activities.--
``(1) In general.--Subject to paragraph (2), a State may
make a subgrant to an eligible entity from funds received by
the State under this subpart in order that the eligible
entity may achieve one of the purposes described in
subsection (a) by undertaking one or more of the following
activities to improve the understanding, and use, of the
English language, based on a child's learning skills and
attainment of challenging State academic content standards
and challenging State student academic achievement standards:
``(A) Upgrading program objectives and effective
instructional strategies.
``(B) Improving the instruction program for limited English
proficient students by identifying, acquiring, and upgrading
curricula, instructional materials, educational software, and
assessment procedures.
``(C) Providing--
``(i) tutorials and academic or vocational education for
limited English proficient children; and
``(ii) intensified instruction.
``(D) Developing and implementing elementary or secondary
school English language instructional programs that are
coordinated with other relevant programs and services.
``(E) Providing professional development to classroom
teachers, principals, administrators, and other school or
community-based organizational personnel to improve the
instruction and assessment of children who are limited
English proficient children.
``(F) Improving the English language proficiency and
academic performance of limited English proficient children.
``(G) Improving the instruction of limited English
proficient children by providing for the acquisition or
development of education technology or instructional
materials, access to and participation in electronic networks
for materials, training and communications, and incorporation
of such resources in curricula and programs, such as those
funded under this subpart.
``(H) Developing tutoring programs for limited English
proficient children that provide early intervention and
intensive instruction in order to improve academic
achievement, to increase graduation rates among limited
English proficient children, and to prepare students for
transition as soon as possible into classrooms where
instruction is not tailored for limited English proficient
children.
``(I) Providing family literacy services and parent
outreach and training activities to limited English
proficient children and their families to improve their
English language skills and assist parents in helping their
children to improve their academic performance.
``(J) Other activities that are consistent with the
purposes of this part.
``(2) Moving children out of specialized classrooms.--Any
program or activity undertaken by an eligible entity using a
subgrant from a State under this subpart shall be designed to
assist students enrolled in the program or activity to attain
English proficiency and meet challenging State academic
content standards and challenging State student academic
achievement standards as soon as possible, but not later than
after 3 consecutive years of attendance in United States
schools (excluding schools in Puerto Rico), and to move into
a classroom where instruction is not tailored for limited
English proficient children.
``(c) Selection of Method of Instruction.--To receive a
subgrant from a State under this subpart, an eligible entity
shall select one or more methods or forms of instruction to
be used in the programs and activities undertaken by the
entity to assist limited English proficient children to
attain English proficiency and meet challenging State
academic content standards and challenging State student
academic achievement standards. Such selection shall be
consistent with sections 3134 and 3135.
``(d) Duration of Subgrants.--The duration of a competitive
subgrant made by a State under section 3109(c) shall be
determined by the State in its discretion.
``(e) Applications by Eligible Entities.--
``(1) In general.--To receive a subgrant from a State under
this subpart, an eligible entity shall submit an application
to the State at such time, in such form, and containing such
information as the State may require.
``(2) Required documentation.--The application shall--
``(A) describe the programs and activities proposed to be
developed, implemented, and administered under the subgrant;
``(B) describe how the eligible entity will use the
subgrant funds to satisfy the requirement in subsection
(b)(2); and
``(C) describe how the eligible entity, using the
disaggregated results of the student assessments required
under section 1111(b)(4) and other measures available, will
annually review the progress of elementary and secondary
schools within its jurisdiction, or served by it, to
determine if such schools are making the adequate yearly
progress necessary to ensure that limited English proficient
students attending the schools will meet the State's
proficient level of performance on the State assessment
described in section 1111(b)(4), and will hold such schools
accountable for making such progress.
``(3) Requirements for approval.--The application shall
contain assurances that--
``(A) the eligible entity will use qualified personnel who
have appropriate training and professional credentials in
teaching English to children who are limited English
proficient, and who are proficient in English, including
written and oral communication skills;
``(B) if the eligible entity includes one or more local
educational agencies, each such agency is complying with
section 3103(b) prior to, and throughout, each school year;
``(C) the eligible entity annually will assess the English
proficiency of all children with limited English proficiency
participating in programs funded under this subpart;
``(D) the eligible entity has based its proposal on
scientifically based reading research and sound research and
theory on teaching limited English proficient children;
``(E) the eligible entity has described in the application
how students enrolled in the programs and activities proposed
in the application will be proficient in English after 3
academic years of enrollment;
``(F) the eligible entity will ensure that programs will
enable children to speak, read, write, and comprehend the
English language and meet challenging State academic content
standards and challenging State student academic achievement
standards; and
``(G) the eligible entity is not in violation of any State
law, including State constitutional law, regarding the
education of limited English proficient children, consistent
with sections 3134 and 3135.
``(4) Quality.--For the purposes of awarding competitive
subgrants under section 3109(c), a State shall consider the
quality of each application and ensure that it is of
sufficient size and scope to meet the purposes of this
subpart.
``SEC. 3109. DISTRIBUTION OF SUBGRANTS TO ELIGIBLE ENTITIES.
``(a) In General.--A State shall expend at least 95 percent
of its allotment under section 3105(c) each fiscal year for
the purpose of making subgrants to eligible entities within
the State that have approved applications, in accordance with
subsections (b) and (c).
``(b) Formula Subgrants.--
``(1) Reservation.--75 percent of the amount expended by a
State for subgrants under this subpart shall be reserved for
subgrants to eligible entities described in subsection (a) in
which, during the fiscal year for which the subgrant is to be
made, the number of limited English proficient children and
youth who are enrolled in public and nonpublic elementary or
secondary schools located in geographic areas under the
jurisdiction of, or served by, such entities is equal to at
least 500 students, or 3 percent of the total number of
children and youth enrolled in such schools during such
fiscal year, whichever is less.
``(2) Allotment.--From the amount reserved under paragraph
(1), the State shall allot to each eligible entity described
in such paragraph a percentage based on the ratio of--
``(A) the number of limited English proficient children and
youth who are enrolled in public and nonpublic elementary or
secondary schools located in geographic areas under the
jurisdiction of, or served by, such entity during the fiscal
year for which the allotment is to be made; to
``(B) the number of such children and youth in all such
eligible entities.
``(3) Reallotment.--Whenever a State determines that an
allotment made to an eligible entity under this subsection
for a fiscal year will not be used by the entity for the
purpose for which it was made, the State shall, in accordance
with such rules as it deems appropriate, reallot such amount,
consistent with paragraph (2), to other eligible entities in
the State for carrying out that purpose.
``(c) Competitive Subgrants.--25 percent of the amount
expended by a State for subgrants
[[Page H2463]]
under this subpart shall be reserved for competitive
subgrants to eligible entities described in subsection (a)
that the State determines--
``(1) have experienced significant increases, as compared
to the previous 2 years, in the percentage or number of
children and youth with limited English proficiency,
including recent immigrant children, that have enrolled in
public and nonpublic elementary or secondary schools in the
geographic areas under the jurisdiction of, or served by,
such entities during the fiscal year for which the subgrant
is to be made; or
``(2) do not satisfy the requirements of subsection (b)(1)
but have significant needs for programs under this subpart.
``SEC. 3110. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subpart, there are
authorized to be appropriated $750,000,000 for fiscal year
2002 and such sums as may be necessary for each of the 4
succeeding fiscal years.
``Subpart 2--Administration
``SEC. 3121. EVALUATIONS.
``(a) In General.--Each eligible entity that receives a
subgrant from a State under subpart 1 shall provide the
State, at the conclusion of every second fiscal year during
which the subgrant is received, with an evaluation, in a form
prescribed by the State, of--
``(1) the programs and activities conducted by the entity
with funds received under subpart 1 during the 2 immediately
preceding fiscal years;
``(2) the progress made by students in learning the English
language and meeting challenging State academic content
standards and challenging State student academic achievement
standards;
``(3) the number and percentage of students in the programs
and activities attaining English language proficiency by the
end of each school year, as determined by a valid and
reliable assessment of English proficiency; and
``(4) the progress made by students in meeting challenging
State academic content standards and challenging State
student academic achievement standards for each of the 2
years after such students are no longer receiving services
under this part.
``(b) Use of Evaluation.--An evaluation provided by an
eligible entity under subsection (a) shall be used by the
entity and the State--
``(1) for improvement of programs and activities;
``(2) to determine the effectiveness of programs and
activities in assisting children who are limited English
proficient to attain English proficiency (as measured
consistent with subsection (d)) and meet challenging State
academic content standards and challenging State student
academic achievement standards; and
``(3) in determining whether or not to continue funding for
specific programs or projects.
``(c) Evaluation Components.--An evaluation provided by an
eligible entity under subsection (a) shall include--
``(1) an evaluation of whether students enrolling in a
program or activity conducted by the entity with funds
received under subpart 1--
``(A) have attained English proficiency and are meeting
challenging State academic content academic and challenging
State student academic achievement standards; and
``(B) have achieved a working knowledge of the English
language that is sufficient to permit them to perform, in
English, in a classroom that is not tailored to limited
English proficient children; and
``(2) such other information as the State may require.
``(d) Evaluation Measures.--In prescribing the form of an
evaluation provided by an entity under subsection (a), a
State shall approve evaluation measures, as applicable, for
use under subsection (c) that are designed to assess--
``(1) oral language proficiency in kindergarten;
``(2) oral language proficiency, including speaking and
listening skills, in first grade;
``(3) both oral language proficiency, including speaking
and listening skills, and reading and writing proficiency in
grades 2 and higher; and
``(4) attainment of challenging State student academic
achievement standards.
``SEC. 3122. REPORTING REQUIREMENTS.
``(a) States.--Based upon the evaluations provided to a
State under section 3121, each State that receives a grant
under subpart 1 shall prepare and submit every second year to
the Secretary a report on programs and activities undertaken
by the State under such subpart and the effectiveness of such
programs and activities in improving the education provided
to children who are limited English proficient.
``(b) Secretary.--Every second year, the Secretary shall
prepare and 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 on--
``(1) programs and activities undertaken by States under
subpart 1 and the effectiveness of such programs and
activities in improving the education provided to children
who are limited English proficient;
``(2) the types of instructional programs used under
subpart 1 to teach limited English proficient children;
``(3) the number of programs or projects, if any, that were
terminated because they were not able to reach program goals;
``(4) the number of limited English proficient children
served under subpart 1 who were transitioned out of special
instructional programs funded under such subpart into
classrooms where instruction is not tailored for limited
English proficient children; and
``(5) other information gathered from the reports submitted
under subsection (a).
``SEC. 3123. COORDINATION WITH RELATED PROGRAMS.
``In order to maximize Federal efforts aimed at serving the
educational needs of children and youth of limited English
proficiency, the Secretary shall coordinate and ensure close
cooperation with other programs serving language-minority and
limited English proficient students that are administered by
the Department and other agencies.
``Subpart 3--General Provisions
``SEC. 3131. DEFINITIONS.
``For purposes of this part:
``(1) Children and youth.--The term `children and youth'
means individuals aged 3 through 21.
``(2) Community-based organization.--The term `community-
based organization' means a private nonprofit organization of
demonstrated effectiveness or Indian tribe or tribally
sanctioned educational authority which is representative of a
community or significant segments of a community and which
provides educational or related services to individuals in
the community. Such term includes a Native Hawaiian or Native
American Pacific Islander native language educational
organization.
``(3) Eligible entity.--The term `eligible entity' means--
``(A) one or more local educational agencies; or
``(B) one or more local educational agencies in
collaboration with an institution of higher education,
community-based organization, or State educational agency.
``(4) Native hawaiian or native american pacific islander
native language educational organization.--The term `Native
Hawaiian or Native American Pacific Islander native language
educational organization' means a nonprofit organization with
a majority of its governing board and employees consisting of
fluent speakers of the traditional Native American languages
used in their educational programs and with not less than 5
years successful experience in providing educational services
in traditional Native American languages.
``(5) Native language.--The term `native language', when
used with reference to an individual who is limited English
proficient, means the language normally used by such
individual.
``(6) Specially qualified agency.--The term `specially
qualified agency', when used with respect to a fiscal year,
means an eligible entity located in a State that, for that
year--
``(A) does not submit to the Secretary an application under
sections 3105(a) and 3107; or
``(B) submits an application (or any modification to an
application) that the Secretary, after reasonable notice and
opportunity for a hearing, determines does not satisfy the
requirements of subpart 1.
``(7) Tribally sanctioned educational authority.--The term
`tribally sanctioned educational authority' means--
``(A) any department or division of education operating
within the administrative structure of the duly constituted
governing body of an Indian tribe; and
``(B) any nonprofit institution or organization that is--
``(i) chartered by the governing body of an Indian tribe to
operate a school described in section 3106(a) or otherwise to
oversee the delivery of educational services to members of
the tribe; and
``(ii) approved by the Secretary for the purpose of
carrying out programs under subpart 1 for individuals served
by a school described in section 3106(a).
``SEC. 3132. RULES OF CONSTRUCTION.
``Nothing in subpart 1 shall be construed--
``(1) to prohibit a local educational agency from serving
limited English proficient children and youth simultaneously
with students with similar educational needs, in the same
educational settings where appropriate;
``(2) to require a State or a local educational agency to
establish, continue, or eliminate any particular type of
instructional program for limited English proficient
children; or
``(3) to limit the preservation or use of Native American
languages as defined in the Native American Languages Act of
1990.
``SEC. 3133. LIMITATION ON FEDERAL REGULATIONS.
``The Secretary shall issue regulations under this part
only to the extent that such regulations are necessary to
ensure compliance with the specific requirements of this
part.
``SEC. 3134. LEGAL AUTHORITY UNDER STATE LAW.
``Nothing in this part shall be construed to negate or
supersede State law, or the legal authority under State law
of any State agency, State entity, or State public official,
over programs that are under the jurisdiction of the State
agency, entity, or official.
``SEC. 3135. CIVIL RIGHTS.
``Nothing in this part shall be construed in a manner
inconsistent with any Federal law guaranteeing a civil right.
``SEC. 3136. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
``Programs authorized under subpart 1 that serve Native
American children, Native Pacific Island children, and
children in the Commonwealth of Puerto Rico, notwithstanding
any other provision of subpart 1, may include programs of
instruction, teacher training, curriculum development,
evaluation, and testing designed for Native American children
learning and studying Native American languages and children
of limited Spanish proficiency, except that a primary outcome
of programs serving such children shall be increased English
proficiency among such children.''.
SEC. 302. CONFORMING AMENDMENT TO DEPARTMENT OF EDUCATION
ORGANIZATION ACT.
(a) In General.--
(1) Renaming of office.--The Department of Education
Organization Act is amended by
[[Page H2464]]
striking ``Office of Bilingual Education and Minority
Languages Affairs'' each place such term appears in the text
and inserting ``Office of Educational Services for Limited
English Proficient Children''.
(2) Conforming amendment.--Section 209 of the Department of
Education Organization Act is amended by striking ``Director
of Bilingual Education and Minority Languages Affairs,'' and
inserting ``Director of Educational Services for Limited
English Proficient Children,''.
(b) Clerical Amendments.--
(1) Section 209.--The section heading for section 209 of
the Department of Education Organization Act is amended to
read as follows:
``office of educational services for limited english proficient
children''.
(2) Section 216.--The section heading for section 216 of
the Department of Education Organization Act is amended to
read as follows:
``SEC. 216. OFFICE OF EDUCATIONAL SERVICES FOR LIMITED
ENGLISH PROFICIENT CHILDREN.''.
(3) Table of contents.--
(A) Section 209.--The table of contents of the Department
of Education Organization Act is amended by amending the item
relating to section 209 to read as follows:
``Sec. 209. Office of Educational Services for Limited English
Proficient Children.''.
(B) Section 216.--The table of contents of the Department
of Education Organization Act is amended by amending the item
relating to section 216 to read as follows:
``Sec. 216. Office of Educational Services for Limited English
Proficient Children.''.
PART B--INDIAN AND ALASKA NATIVE EDUCATION
SEC. 311. ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.
(a) In General.--Title III (as amended by section 301 of
this Act) is further amended by adding at the end the
following new part:
``PART B--INDIAN AND ALASKA NATIVE EDUCATION
``Subpart 1--Indian Education
``SEC. 3201. 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 academic content standards and student academic
achievement standards and build on Indian culture and the
Indian community;
``(B) assist local educational agencies, Indian tribes, and
other entities and individuals in providing Indian students
the opportunity to achieve such standards; and
``(C) meet the unique educational and culturally related
academic needs of American Indian and Alaska Native students;
``(2) since the date of the enactment of the initial Indian
Education Act in 1972, the level of involvement of Indian
parents in the planning, development, and implementation of
educational programs that affect such parents and their
children has increased significantly, and schools should
continue to foster such involvement;
``(3) although the number of Indian teachers,
administrators, and university professors has increased since
1972, teacher training programs are not recruiting, training,
or retraining a sufficient number of Indian individuals as
educators to meet the needs of a growing Indian student
population in elementary, secondary, vocational, adult, and
higher education;
``(4) the dropout rate for Indian students is unacceptably
high; 9 percent of Indian students who were eighth graders in
1988 had dropped out of school by 1990;
``(5) during the period from 1980 to 1990, the percentage
of Indian individuals living at or below the poverty level
increased from 24 percent to 31 percent, and the readiness of
Indian children to learn is hampered by the high incidence of
poverty, unemployment, and health problems among Indian
children and their families; and
``(6) research related specifically to the education of
Indian children and adults is very limited, and much of the
research is of poor quality or is focused on limited local or
regional issues.
``SEC. 3202. PURPOSE.
``(a) Purpose.--It is the purpose of this subpart to
support the efforts of local educational agencies, Indian
tribes and organizations, postsecondary institutions, and
other entities to meet the unique educational and culturally
related academic needs of American Indians and Alaska
Natives, so that such students can achieve to the same
challenging State academic achievement standards expected of
all other students.
``(b) Programs.--this subpart 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.
``CHAPTER 1--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES
``SEC. 3211. PURPOSE.
``It is the purpose of this chapter to support local
educational agencies in their efforts to reform elementary
and secondary school programs that serve Indian students in
order to ensure that such programs--
``(1) are based on challenging State academic content
standards and State student academic achievement standards
that are used for all students; and
``(2) are designed to assist Indian students in meeting
those standards and assist the Nation in reaching the
National Education Goals.
``SEC. 3212. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) In General.--
``(1) Enrollment requirements.--A local educational agency
shall be eligible for a grant under this chapter for any
fiscal year if the number of Indian children eligible under
section 3217 and who were enrolled in the schools of the
agency, and to whom the agency provided free public
education, during the preceding fiscal year--
``(A) was at least 10; or
``(B) constituted not less than 25 percent of the total
number of individuals enrolled in the schools of such agency.
``(2) Exclusion.--The requirement of paragraph (1) shall
not apply in Alaska, California, or Oklahoma, or with respect
to any local educational agency located on, or in proximity
to, a reservation.
``(b) Indian Tribes.--
``(1) In general.--If a local educational agency that is
eligible for a grant under this chapter does not establish a
parent committee under section 3214(c)(4) for such grant, an
Indian tribe that represents not less than one-half of the
eligible Indian children who are served by such local
educational agency may apply for such grant.
``(2) Special rule.--The Secretary shall treat each Indian
tribe applying for a grant pursuant to paragraph (1) as if
such Indian tribe were a local educational agency for
purposes of this chapter, except that any such tribe is not
subject to section 3214(c)(4), section 3218(c), or section
3219.
``SEC. 3213. AMOUNT OF GRANTS.
``(a) Amount of Grant Awards.--
``(1) In general.--Except as provided in subsection (b) and
paragraph (2), the Secretary shall allocate to each local
educational agency which has an approved application under
this chapter an amount equal to the product of--
``(A) the number of Indian children who are eligible under
section 3217 and served by such agency; and
``(B) the greater of--
``(i) the average per pupil expenditure of the State in
which such agency is located; or
``(ii) 80 percent of the average per pupil expenditure in
the United States.
``(2) Reduction.--The Secretary shall reduce the amount of
each allocation determined under paragraph (1) in accordance
with subsection (e).
``(b) Minimum Grant.--
``(1) In general.--Notwithstanding subsection (e), a local
educational agency or an Indian tribe (as authorized under
section 3212(b)) that is eligible for a grant under section
3212, and a school that is operated or supported by the
Bureau of Indian Affairs that is eligible for a grant under
subsection (d), that submits an application that is approved
by the Secretary, shall, subject to appropriations, receive a
grant under this chapter 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
chapter.
``(3) Increase.--The Secretary may increase the minimum
grant under paragraph (1) to not more than $4,000 for all
grantees if the Secretary determines such increase is
necessary to ensure the quality of the programs provided.
``(c) Definition.--For the purpose of this section, the
term `average per pupil expenditure of a State' means an
amount equal to--
``(1) the sum of the aggregate current expenditures of all
the local educational agencies in the State, plus any direct
current expenditures by the State for the operation of such
agencies, without regard to the sources of funds from which
such local or State expenditures were made, during the second
fiscal year preceding the fiscal year for which the
computation is made; divided by
``(2) the aggregate number of children who were included in
average daily attendance for whom such agencies provided free
public education during such preceding fiscal year.
``(d) Schools Operated or Supported by the Bureau of Indian
Affairs.--(1) Subject to subsection (e), in addition to the
grants awarded under subsection (a), the Secretary shall
allocate to the Secretary of the Interior an amount equal to
the product of--
``(A) the total number of Indian children enrolled in
schools that are operated by--
``(i) the Bureau of Indian Affairs; or
``(ii) an Indian tribe, or an organization controlled or
sanctioned by an Indian tribal government, for the children
of that tribe under a contract with, or grant from, the
Department of the Interior under the Indian Self-
Determination Act or the Tribally Controlled Schools Act of
1988; and
``(B) the greater of--
``(i) the average per pupil expenditure of the State in
which the school is located; or
``(ii) 80 percent of the average per pupil expenditure in
the United States.
``(2) Any school described in paragraph (1)(A) that wishes
to receive an allocation under this chapter shall submit an
application in accordance with section 3214, and shall
otherwise be treated as a local educational agency for the
purpose of this chapter, except that such school shall not be
subject to section 3214(c)(4), section 3218(c), or section
3219.
``(e) Ratable Reductions.--If the sums appropriated for any
fiscal year under section 3252(a) are insufficient to pay in
full the amounts determined for local educational agencies
under subsection (a)(1) and for the Secretary of the Interior
under subsection (d), each of those amounts shall be ratably
reduced.
[[Page H2465]]
``SEC. 3214. APPLICATIONS.
``(a) Application Required.--Each local educational agency
that desires to receive a grant under this chapter shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
reasonably require.
``(b) Comprehensive Program Required.--Each application
submitted under subsection (a) shall include a comprehensive
program for meeting the needs of Indian children served by
the local educational agency, including the language and
cultural needs of the children, that--
``(1) provides programs and activities to meet the
culturally related academic needs of American Indian and
Alaska Native students;
``(2)(A) is consistent with State and local plans under
other provisions of this Act; and
``(B) includes academic content and student performance
goals for such children, and benchmarks for attaining such
goals, that are based on the challenging State standards
under title I;
``(3) explains how Federal, State, and local programs,
especially under title I, will meet the needs of such
students;
``(4) demonstrates how funds made available under this
chapter will be used for activities described in section
3215;
``(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 chapter 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 chapter, 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 chapter only to supplement the level of funds
that, in the absence of the Federal funds made available
under this chapter, such agency would make available for the
education of Indian children, and not to supplant such funds;
``(2) the local educational agency will submit such reports
to the Secretary, in such form and containing such
information, as the Secretary may require to--
``(A) carry out the functions of the Secretary under this
chapter; and
``(B) determine the extent to which funds provided to the
local educational agency under this chapter are effective in
improving the educational achievement of Indian students
served by such agency;
``(3) the program for which assistance is sought--
``(A) is based on a comprehensive local assessment and
prioritization of the unique educational and culturally
related academic needs of the American Indian and Alaska
Native students to whom the local educational agency is
providing an education;
``(B) will use the best available talents and resources,
including individuals from the Indian community; and
``(C) was developed by such agency in open consultation
with parents of Indian children and teachers, and, if
appropriate, Indian students from secondary schools,
including public hearings held by such agency to provide the
individuals described in this subparagraph a full opportunity
to understand the program and to offer recommendations
regarding the program; and
``(4) the local educational agency developed the program
with the participation and written approval of a committee--
``(A) that is composed of, and selected by--
``(i) parents of Indian children in the local educational
agency's schools and teachers; and
``(ii) if appropriate, Indian students attending secondary
schools;
``(B) a majority of whose members are parents of Indian
children;
``(C) that sets forth such policies and procedures,
including policies and procedures relating to the hiring of
personnel, as will ensure that the program for which
assistance is sought will be operated and evaluated in
consultation with, and with the involvement of, parents of
the children, and representatives of the area, to be served;
``(D) with respect to an application describing a
schoolwide program in accordance with section 3215(c), that
has--
``(i) reviewed in a timely fashion the program; and
``(ii) determined that the program will not diminish the
availability of culturally related activities for American
Indian and Alaskan Native students; and
``(E) that has adopted reasonable bylaws for the conduct of
the activities of the committee and abides by such bylaws.
``SEC. 3215. AUTHORIZED SERVICES AND ACTIVITIES.
``(a) General Requirements.--Each local educational agency
that receives a grant under this chapter shall use the grant
funds, in a manner consistent with the purpose specified in
section 3211, 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 3214(b);
``(2) are designed with special regard for the language and
cultural needs of the Indian students; and
``(3) supplement and enrich the regular school program of
such agency.
``(b) Particular Activities.--The services and activities
referred to in subsection (a) may include--
``(1) culturally related activities that support the
program described in the application submitted by the local
educational agency;
``(2) early childhood and family programs that emphasize
school readiness;
``(3) enrichment programs that focus on problem solving and
cognitive skills development and directly support the
attainment of challenging State academic content standards
and State student academic achievement standards;
``(4) integrated educational services in combination with
other programs that meet the needs of Indian children and
their families;
``(5) career preparation activities to enable Indian
students to participate in programs such as the programs
supported by the Carl D. Perkins Vocational and Technical
Education Act of 1998, including programs for tech-prep,
mentoring, and apprenticeship;
``(6) activities to educate individuals concerning
substance abuse and to prevent substance abuse;
``(7) the acquisition of equipment, but only if the
acquisition of the equipment is essential to meet the
purposes described in section 3211; and
``(8) family literacy services.
``(c) Schoolwide Programs.--Notwithstanding any other
provision of law, a local educational agency may use funds
made available to such agency under this chapter to support a
schoolwide program under section 1114 if--
``(1) the committee composed of parents established
pursuant to section 3214(c)(4) approves the use of the funds
for the schoolwide program; and
``(2) the schoolwide program is consistent with the
purposes described in section 3211.
``(d) Limitation on Administrative Costs.--Not more than 5
percent of the funds provided to a grantee under this chapter
for any fiscal year may be used for administrative purposes.
``SEC. 3216. INTEGRATION OF SERVICES AUTHORIZED.
``(a) Plan.--An entity receiving funds under this chapter
may submit a plan to the Secretary for the integration of
education and related services provided to Indian students.
``(b) Coordination of Programs.--Upon the receipt of an
acceptable plan, the Secretary, in cooperation with each
Federal agency providing grants for the provision of
education and related services to the applicant, shall
authorize the applicant to coordinate, in accordance with
such plan, its federally funded education and related
services programs, or portions thereof, serving Indian
students in a manner that integrates the program services
involved into a single, coordinated, comprehensive program
and reduces administrative costs by consolidating
administrative functions.
``(c) Programs Affected.--The funds that may be
consolidated in a demonstration project under any such plan
referred to in subsection (b) shall include funds for any
Federal program exclusively serving Indian children or the
funds reserved under any program to exclusively serve Indian
children under which the applicant is eligible for receipt of
funds under a statutory or administrative formula for the
purposes of providing education and related services which
would be used to serve Indian students.
``(d) Plan Requirements.--For a plan to be acceptable
pursuant to subsection (b), it shall--
``(1) identify the programs or funding sources to be
consolidated;
``(2) be consistent with the purposes of this section
authorizing the services to be integrated in a demonstration
project;
``(3) describe a comprehensive strategy which identifies
the full range of potential educational opportunities and
related services to be provided to assist Indian students to
achieve the goals set forth in this chapter;
``(4) describe the way in which services are to be
integrated and delivered and the results expected from the
plan;
``(5) identify the projected expenditures under the plan in
a single budget;
``(6) identify the local, State, or tribal agency or
agencies to be involved in the delivery of the services
integrated under the plan;
``(7) identify any statutory provisions, regulations,
policies, or procedures that the applicant believes need to
be waived in order to implement its plan;
``(8) set forth measures of student achievement and
performance goals designed to be met within a specified
period of time; and
``(9) be approved by a parent committee formed in
accordance with section 3214(c)(4), if such a committee
exists.
``(e) Plan Review.--Upon receipt of the plan from an
eligible entity, the Secretary shall consult with the
Secretary of each Federal department providing funds to be
used to implement the plan, and with the entity submitting
the plan. The parties so consulting shall identify any
waivers of statutory requirements or of Federal departmental
regulations, policies, or procedures necessary to enable the
applicant to implement its plan. Notwithstanding any other
provision of law, the Secretary of the affected department or
departments shall have the authority to waive any regulation,
policy, or procedure promulgated by that department that has
been so identified by the applicant or department, unless the
Secretary of the affected department determines that such a
waiver is inconsistent with the intent of this chapter or
[[Page H2466]]
those provisions of the statute from which the program
involved derives its authority which are specifically
applicable to Indian students.
``(f) Plan Approval.--Within 90 days after the receipt of
an applicant's plan by the Secretary, the Secretary shall
inform the applicant, in writing, of the Secretary's approval
or disapproval of the plan. If the plan is disapproved, the
applicant shall be informed, in writing, of the reasons for
the disapproval and shall be given an opportunity to amend
its plan or to petition the Secretary to reconsider such
disapproval.
``(g) Responsibilities of Department of Education.--Not
later than 180 days after the date of the enactment of the No
Child Left Behind Act of 2001, the Secretary of Education,
the Secretary of the Interior, and the head of any other
Federal department or agency identified by the Secretary of
Education, shall enter into an interdepartmental memorandum
of agreement providing for the implementation of the
demonstration projects authorized under this section. The
lead agency head for a demonstration program under this
section shall be--
``(1) the Secretary of the Interior, in the case of
applicant meeting the definition of contract or grant school
under title XI of the Education Amendments of 1978; or
``(2) the Secretary of Education, in the case of any other
applicant.
``(h) Responsibilities of Lead Agency.--The
responsibilities of the lead agency shall include--
``(1) the use of a single report format related to the plan
for the individual project which shall be used by an eligible
entity to report on the activities undertaken under the
project;
``(2) the use of a single report format related to the
projected expenditures for the individual project which shall
be used by an eligible entity to report on all project
expenditures;
``(3) the development of a single system of Federal
oversight for the project, which shall be implemented by the
lead agency; and
``(4) the provision of technical assistance to an eligible
entity appropriate to the project, except that an eligible
entity shall have the authority to accept or reject the plan
for providing such technical assistance and the technical
assistance provider.
``(i) Report Requirements.--A single report format shall be
developed by the Secretary, consistent with the requirements
of this section. Such report format, together with records
maintained on the consolidated program at the local level,
shall contain such information as will allow a determination
that the eligible entity has complied with the requirements
incorporated in its approved plan, including the
demonstration of student achievement, and will provide
assurances to each Secretary that the eligible entity has
complied with all directly applicable statutory requirements
and with those directly applicable regulatory requirements
which have not been waived.
``(j) No Reduction in Amounts.--In no case shall the amount
of Federal funds available to an eligible entity involved in
any demonstration project be reduced as a result of the
enactment of this section.
``(k) Interagency Fund Transfers Authorized.--The Secretary
is authorized to take such action as may be necessary to
provide for an interagency transfer of funds otherwise
available to an eligible entity in order to further the
purposes of this section.
``(l) Administration of Funds.--
``(1) In general.--Program funds shall be administered in
such a manner as to allow for a determination that funds from
specific a program or programs are spent on allowable
activities authorized under such program, except that the
eligible entity shall determine the proportion of the funds
granted which shall be allocated to such program.
``(2) Separate records not required.--Nothing in this
section shall be construed as requiring the eligible entity
to maintain separate records tracing any services or
activities conducted under its approved plan to the
individual programs under which funds were authorized, nor
shall the eligible entity be required to allocate
expenditures among such individual programs.
``(m) Overage.--All administrative costs may be commingled
and participating entities shall be entitled to the full
amount of such costs (under each program or department's
regulations), and no overage shall be counted for Federal
audit purposes, provided that the overage is used for the
purposes provided for under this section.
``(n) Fiscal Accountability.--Nothing in this subpart shall
be construed so as to interfere with the ability of the
Secretary or the lead agency to fulfill the responsibilities
for the safeguarding of Federal funds pursuant to the Single
Audit Act of 1984.
``(o) Report on Statutory Obstacles to Program
Integration.--
``(1) Preliminary report.--Not later than 2 years after the
date of the enactment of the No Child Left Behind Act of
2001, the Secretary of Education shall submit a preliminary
report to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives on the status of
the implementation of the demonstration program authorized
under this section.
``(2) Final report.--Not later than 5 years after the date
of the enactment of the No Child Left Behind Act of 2001, the
Secretary of Education shall submit a report to the Committee
on Health, Education, Labor, and Pensions of the Senate and
the Committee on Education and the Workforce of the House of
Representatives on the results of the implementation of the
demonstration program authorized under this section. Such
report shall identify statutory barriers to the ability of
participants to integrate more effectively their education
and related services to Indian students in a manner
consistent with the purposes of this section.
``(p) Definitions.--For the purposes of this section, the
term `Secretary' means--
``(1) the Secretary of the Interior, in the case of
applicant meeting the definition of contract or grant school
under title XI of the Education Amendments of 1978; or
``(2) the Secretary of Education, in the case of any other
applicant.
``SEC. 3217. STUDENT ELIGIBILITY FORMS.
``(a) In General.--The Secretary shall require that, as
part of an application for a grant under this chapter, each
applicant shall maintain a file, with respect to each Indian
child for whom the local educational agency provides a free
public education, that contains a form that sets forth
information establishing the status of the child as an Indian
child eligible for assistance under this chapter and that
otherwise meets the requirements of subsection (b).
``(b) Forms.--
``(1) In general.--The form described in subsection (a)
shall include--
``(A) either--
``(i)(I) the name of the tribe or band of Indians (as
described in section 3251(3)) with respect to which the child
claims membership;
``(II) the enrollment number establishing the membership of
the child (if readily available); and
``(III) the name and address of the organization that
maintains updated and accurate membership data for such tribe
or band of Indians; or
``(ii) if the child is not a member of a tribe or band of
Indians, the name, the enrollment number (if readily
available), and the organization (and address thereof)
responsible for maintaining updated and accurate membership
rolls of the tribe of any parent or grandparent of the child
from whom the child claims eligibility;
``(B) a statement of whether the tribe or band of Indians
with respect to which the child, parent, or grandparent of
the child claims membership is federally recognized;
``(C) the name and address of the parent or legal guardian
of the child;
``(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 3213, an
eligibility form prepared pursuant to this section for a
child shall include--
``(A) the name of the child;
``(B) the name of the tribe or band of Indians (as
described in section 3251(3)) with respect to which the child
claims eligibility; and
``(C) the dated signature of the parent or guardian of the
child.
``(3) Failure.--The failure of an applicant to furnish any
information described in this subsection other than the
information described in paragraph (2) with respect to any
child shall have no bearing on the determination of whether
the child is an eligible Indian child for the purposes of
determining the amount of a grant award made under section
3213.
``(c) Statutory Construction.--Nothing in this section
shall be construed to affect a definition contained in
section 3251.
``(d) Forms and Standards of Proof.--The forms and the
standards of proof (including the standard of good faith
compliance) that were in use during the 1985-1986 academic
year to establish the eligibility of a child for entitlement
under the Indian Elementary and Secondary School Assistance
Act shall be the forms and standards of proof used--
``(1) to establish such eligibility; and
``(2) to meet the requirements of subsection (a).
``(e) Documentation.--For purposes of determining whether a
child is eligible to be counted for the purpose of computing
the amount of a grant under section 3213, the membership of
the child, or any parent or grandparent of the child, in a
tribe or band of Indians may be established by proof other
than an enrollment number, notwithstanding the availability
of an enrollment number for a member of such tribe or band.
Nothing in subsection (b) shall be construed to require the
furnishing of an enrollment number.
``(f) Monitoring and Evaluation Review.--
``(1) In general.--(A) For each fiscal year, in order to
provide such information as is necessary to carry out the
responsibility of the Secretary to provide technical
assistance under this chapter, the Secretary shall conduct a
monitoring and evaluation review of a sampling of the
recipients of grants under this chapter. The sampling
conducted under this subparagraph shall take into account the
size of the local educational agency and the geographic
location of such agency.
``(B) A local educational agency may not be held liable to
the United States or be subject to any penalty, by reason of
the findings of an audit that relates to the date of
completion, or the date of submission, of any forms used to
establish, before April 28, 1988, the eligibility of a child
for entitlement under the Indian Elementary and Secondary
School Assistance Act.
``(2) False information.--Any local educational agency that
provides false information in an application for a grant
under this chapter shall--
``(A) be ineligible to apply for any other grant under this
subpart; and
``(B) be liable to the United States for any funds that
have not been expended.
``(3) Excluded children.--A student who provides false
information for the form required
[[Page H2467]]
under subsection (a) shall not be counted for the purpose of
computing the amount of a grant under section 3213.
``(g) Tribal Grant and Contract Schools.--Notwithstanding
any other provision of this section, in awarding funds under
this chapter to a tribal school that receives a grant or
contract from the Bureau of Indian Affairs, the Secretary
shall use only one of the following, as selected by the
school:
``(1) A count of the number of students in those schools
certified by the Bureau.
``(2) A count of the number of students for whom the school
has eligibility forms that comply with this section.
``(h) Timing of Child Counts.--For purposes of determining
the number of children to be counted in calculating the
amount of a local educational agency's grant under this
chapter (other than in the case described in subsection
(g)(1)), the local educational agency shall--
``(1) establish a date on, or a period not longer than 31
consecutive days during which, the agency counts those
children, so long as that date or period occurs before the
deadline established by the Secretary for submitting an
application under section 3214; 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. 3218. 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 chapter the amount determined under section 3213.
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 chapter 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
chapter in determining the eligibility of the local
educational agency for State aid, or the amount of the State
aid, with respect to the free public education of children
during such fiscal year or the preceding fiscal year.
``(c) Reduction of Payment for Failure To Maintain Fiscal
Effort.--
``(1) In general.--The Secretary may not pay a local
educational agency the full amount of a grant award
determined under section 3213 for any fiscal year unless the
State educational agency notifies the Secretary, and the
Secretary determines that, with respect to the provision of
free public education by the local educational agency for the
preceding fiscal year, the combined fiscal effort of the
local educational agency and the State, computed on either a
per student or aggregate expenditure basis, was not less than
90 percent of the amount of the combined fiscal effort,
computed on the same basis, for the second preceding fiscal
year.
``(2) Failure to maintain effort.--If, for any fiscal year,
the Secretary determines that a local educational agency
failed to maintain the fiscal effort of such agency at the
level specified in paragraph (1), the Secretary shall--
``(A) reduce the amount of the grant that would otherwise
be made to such agency under this chapter in the exact
proportion of such agency's failure to maintain its fiscal
effort at such level; and
``(B) not use the reduced amount of the agency's
expenditures for the preceding year to determine compliance
with paragraph (1) for any succeeding fiscal year, but shall
use the amount of expenditures that would have been required
to comply with paragraph (1).
``(3) Waiver.--(A) The Secretary may waive the requirement
of paragraph (1), for not more than 1 year at a time, if the
Secretary determines that the failure to comply with such
requirement is due to exceptional or uncontrollable
circumstances, such as a natural disaster or a precipitous
and unforeseen decline in the agency's financial resources.
``(B) The Secretary shall not use the reduced amount of
such agency's expenditures for the fiscal year preceding the
fiscal year for which a waiver is granted to determine
compliance with paragraph (1) for any succeeding fiscal year,
but shall use the amount of expenditures that would have been
required to comply with paragraph (1) in the absence of the
waiver.
``(d) Reallocations.--The Secretary may reallocate, in a
manner that the Secretary determines will best carry out the
purpose of this chapter, 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 chapter; or
``(2) otherwise become available for reallocation under
this chapter.
``SEC. 3219. STATE EDUCATIONAL AGENCY REVIEW.
``Before submitting an application to the Secretary under
section 3214, a local educational agency shall submit the
application to the State educational agency, which may
comment on such application. If the State educational agency
comments on the application, it shall comment on all
applications submitted by local educational agencies in the
State and shall provide those comments to the respective
local educational agencies, with an opportunity to respond.
``CHAPTER 2--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN
``SEC. 3221. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
INDIAN CHILDREN.
``(a) Purpose.--
``(1) In general.--It is the purpose of this section to
support projects to develop, test, and demonstrate the
effectiveness of services and programs to improve educational
opportunities and achievement of Indian children.
``(2) Coordination.--The Secretary shall take such actions
as are necessary to achieve the coordination of activities
assisted under this chapter with--
``(A) other programs funded under this Act; and
``(B) other Federal programs operated for the benefit of
American Indian and Alaska Native children.
``(b) Eligible Entities.--For the purpose of this section,
the term `eligible entity' means a State educational agency,
local educational agency, Indian tribe, Indian organization,
federally supported elementary and secondary school for
Indian students, Indian institution, including an Indian
institution of higher education, or a consortium of such
institutions.
``(c) Grants Authorized.--
``(1) In general.--The Secretary shall award grants to
eligible entities to enable such entities to carry out
activities that meet the purpose specified in subsection
(a)(1), including--
``(A) innovative programs related to the educational needs
of educationally disadvantaged children;
``(B) educational services that are not available to such
children in sufficient quantity or quality, including
remedial instruction, to raise the achievement of Indian
children in one or more of the core academic subjects of
English, mathematics, science, foreign languages, art,
history, and geography;
``(C) bilingual and bicultural programs and projects;
``(D) special health and nutrition services, and other
related activities, that address the unique health, social,
and psychological problems of Indian children;
``(E) special compensatory and other programs and projects
designed to assist and encourage Indian children to enter,
remain in, or reenter school, and to increase the rate of
secondary school graduation;
``(F) comprehensive guidance, counseling, and testing
services;
``(G) early childhood and kindergarten programs, including
family-based preschool programs that emphasize school
readiness and parental skills, and the provision of services
to Indian children with disabilities;
``(H) partnership projects between local educational
agencies and institutions of higher education that allow
secondary school students to enroll in courses at the
postsecondary level to aid such students in the transition
from secondary school to postsecondary education;
``(I) partnership projects between schools and local
businesses for career preparation programs designed to
provide Indian youth with the knowledge and skills such youth
need to make an effective transition from school to a high-
skill, high-wage career;
``(J) programs designed to encourage and assist Indian
students to work toward, and gain entrance into, an
institution of higher education;
``(K) family literacy services; or
``(L) other services that meet the purpose described in
subsection (a)(1).
``(2) Professional development.--Professional development
of teaching professionals and paraprofessional may be a part
of any program assisted under this section.
``(d) Grant Requirements and Applications.--
``(1) Grant requirements.--(A) The Secretary may make
multiyear grants under this section for the planning,
development, pilot operation, or demonstration of any
activity described in subsection (c) for a period not to
exceed 5 years.
``(B) In making multiyear grants under this section, the
Secretary shall give priority to applications that present a
plan for combining two or more of the activities described in
subsection (c) over a period of more than 1 year.
``(C) The Secretary shall make a grant payment to an
eligible entity after the initial year of the multiyear grant
only if the Secretary determines that the eligible entity has
made substantial progress in carrying out the activities
assisted under the grant in accordance with the application
submitted under paragraph (2) and any subsequent
modifications to such application.
``(D)(i) In addition to awarding the multiyear grants
described in subparagraph (A), the Secretary may award grants
to eligible entities for the dissemination of exemplary
materials or programs assisted under this section.
``(ii) The Secretary may award a dissemination grant under
this subparagraph if, prior to awarding the grant, the
Secretary determines that the material or program to be
disseminated has been adequately reviewed and has
demonstrated--
``(I) educational merit; and
``(II) the ability to be replicated.
``(2) Application.--(A) Any eligible entity that desires to
receive a grant under this section shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require.
``(B) Each application submitted to the Secretary under
subparagraph (A), other than an application for a
dissemination grant under paragraph (1)(D), shall contain--
``(i) a description of how parents of Indian children and
representatives of Indian tribes have been, and will be,
involved in developing and implementing the activities for
which assistance is sought;
``(ii) assurances that the applicant will participate, at
the request of the Secretary, in any national evaluation of
activities assisted under this section;
[[Page H2468]]
``(iii) information demonstrating that the proposed program
is either a research-based program (which may be a research-
based program that has been modified to be culturally
appropriate for the students who will be served);
``(iv) a description of how the applicant will incorporate
the proposed services into the ongoing school program once
the grant period is over; and
``(v) such other assurances and information as the
Secretary may reasonably require.
``(e) Administrative Costs.--Not more than 5 percent of the
funds provided to a grantee under this chapter for any fiscal
year may be used for administrative purposes.
``SEC. 3222. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND
EDUCATION PROFESSIONALS.
``(a) Purposes.--The purposes of this section are--
``(1) to increase the number of qualified Indian
individuals in teaching or other education professions that
serve Indian people;
``(2) to provide training to qualified Indian individuals
to enable such individuals to become teachers,
administrators, teacher aides, social workers, and ancillary
educational personnel; and
``(3) to improve the skills of qualified Indian individuals
who serve in the capacities described in paragraph (2).
``(b) Eligible Entities.--For the purpose of this section,
the term `eligible entity' means--
``(1) an institution of higher education, including an
Indian institution of higher education;
``(2) a State or local educational agency, in consortium
with an institution of higher education; and
``(3) an Indian tribe or organization, in consortium with
an institution of higher education.
``(c) Program Authorized.--The Secretary is authorized to
award grants to eligible entities having applications
approved under this section to enable such entities to carry
out the activities described in subsection (d).
``(d) Authorized Activities.--
``(1) In general.--Grant funds under this section shall be
used to provide support and training for Indian individuals
in a manner consistent with the purposes of this section.
Such activities may include but are not limited to,
continuing programs, symposia, workshops, conferences, and
direct financial support.
``(2) Special rules.--(A) For education personnel, the
training received pursuant to a grant under this section may
be inservice or preservice training.
``(B) For individuals who are being trained to enter any
field other than teaching, the training received pursuant to
a grant under this section shall be in a program that results
in a graduate degree.
``(e) Application.--Each eligible entity desiring a grant
under this section shall submit an application to the
Secretary at such time, in such manner and accompanied by
such information, as the Secretary may reasonably require.
``(f) Special Rule.--In making grants under this section,
the Secretary--
``(1) shall consider the prior performance of the eligible
entity; and
``(2) may not limit eligibility to receive a grant under
this section on the basis of--
``(A) the number of previous grants the Secretary has
awarded such entity; or
``(B) the length of any period during which such entity
received such grants.
``(g) Grant Period.--Each grant under this section shall be
awarded for a period of not more than 5 years.
``(h) Service Obligation.--
``(1) In general.--The Secretary shall require, by
regulation, that an individual who receives training pursuant
to a grant made under this section--
``(A) perform work--
``(i) related to the training received under this section;
and
``(ii) that benefits Indian people; or
``(B) repay all or a prorated part of the assistance
received.
``(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a grant
recipient under this section shall, not later than 12 months
after the date of completion of the training, and
periodically thereafter, provide information concerning the
compliance of such recipient with the work requirement under
paragraph (1).
``CHAPTER 3--NATIONAL RESEARCH ACTIVITIES
``SEC. 3231. NATIONAL ACTIVITIES.
``(a) Authorized Activities.--The Secretary may use funds
made available under section 3252(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 subpart.
``(b) Eligibility.--The Secretary may carry out any of the
activities described in subsection (a) directly or through
grants to, or contracts or cooperative agreements with Indian
tribes, Indian organizations, State educational agencies,
local educational agencies, institutions of higher education,
including Indian institutions of higher education, and other
public and private agencies and institutions.
``(c) Coordination.--Research activities supported under
this section--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to assure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out by the Office of Indian
Education Programs and the Office of Educational Research and
Improvement.
``CHAPTER 4--FEDERAL ADMINISTRATION
``SEC. 3241. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
``(a) Membership.--There is established a National Advisory
Council on Indian Education (hereafter in this section
referred to as the `Council'), which shall--
``(1) consist of 15 Indian members, who shall be appointed
by the President from lists of nominees furnished, from time-
to-time, by Indian tribes and organizations; and
``(2) represent different geographic areas of the United
States.
``(b) Duties.--The Council shall--
``(1) advise the Secretary concerning the funding and
administration (including the development of regulations and
administrative policies and practices) of any program,
including any program established under this subpart--
``(A) with respect to which the Secretary has jurisdiction;
and
``(B)(i) that includes Indian children or adults as
participants; or
``(ii) that may benefit Indian children or adults;
``(2) make recommendations to the Secretary for filling the
position of Director of Indian Education whenever a vacancy
occurs; and
``(3) submit to the Congress, not later than June 30 of
each year, a report on the activities of the Council,
including--
``(A) any recommendations that the Council considers
appropriate for the improvement of Federal education programs
that include Indian children or adults as participants, or
that may benefit Indian children or adults; and
``(B) recommendations concerning the funding of any program
described in subparagraph (A).
``SEC. 3242. PEER REVIEW.
``The Secretary may use a peer review process to review
applications submitted to the Secretary under chapter 2 or 3.
``SEC. 3243. PREFERENCE FOR INDIAN APPLICANTS.
``In making grants under chapter 2 or 3, the Secretary
shall give a preference to Indian tribes, organizations, and
institutions of higher education under any program with
respect to which Indian tribes, organizations, and
institutions are eligible to apply for grants.
``SEC. 3244. MINIMUM GRANT CRITERIA.
``The Secretary may not approve an application for a grant
under subpart 2 unless the application is for a grant that
is--
``(1) of sufficient size, scope, and quality to achieve the
purpose or objectives of such grant; and
``(2) based on relevant research findings.
``CHAPTER 5--DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS
``SEC. 3251. DEFINITIONS.
``For the purposes of this subpart:
``(1) Adult.--The term `adult' means an individual who--
``(A) has attained the age of 16 years; or
``(B) has attained an age that is greater than the age of
compulsory school attendance under an applicable State law.
``(2) Free public education.--The term `free public
education' means education that is--
``(A) provided at public expense, under public supervision
and direction, and without tuition charge; and
``(B) provided as elementary or secondary education in the
applicable State or to preschool children.
``(3) Indian.--The term `Indian' means an individual who
is--
``(A) a member of an Indian tribe or band, as membership is
defined by the tribe or band, including--
``(i) any tribe or band terminated since 1940; and
``(ii) any tribe or band recognized by the State in which
the tribe or band resides;
``(B) a descendant, in the first or second degree, of an
individual described in subparagraph (A);
``(C) considered by the Secretary of the Interior to be an
Indian for any purpose;
``(D) an Eskimo, Aleut, or other Alaska Native; or
``(E) a member of an organized Indian group that received a
grant under the Indian Education Act of 1988 as it was in
effect the day preceding the date of the enactment of the
Improving America's Schools Act of 1994.
``SEC. 3252. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Chapter 1.--For the purpose of carrying out chapter 1
of this subpart, there are authorized to be appropriated
$100,000,000 for fiscal year 2002, and such sums as may be
necessary for each of fiscal years 2003 through 2006.
``(b) Chapters 2 and 3.--For the purpose of carrying out
chapters 2 and 3 of this subpart, there are authorized to be
appropriated $25,000,000 for fiscal year 2002, and such sums
as may be necessary for each of the fiscal years 2003 through
2006.''.
(b) Savings Provision.--Funds appropriated for part A of
title IX of the Elementary and Secondary Education Act of
1965 (as in effect on the day before the date of the
enactment of this Act) shall be available for use under
subpart 1 of part B of title III of such Act, as added by
this section.
SEC. 312. ALASKA NATIVE EDUCATION.
(a) In General.--Part B of title III (as added by section
311 of this Act) is further amended by adding at the end the
following new subpart:
``Subpart 2--Alaska Native Education
``SEC. 3301. SHORT TITLE.
``This subpart may be cited as the `Alaska Native
Educational Equity, Support, and Assistance Act'.
[[Page H2469]]
``SEC. 3302. FINDINGS.
``The Congress finds and declares:
``(1) The attainment of educational success is critical to
the betterment of the conditions, long-term well-being and
preservation of the culture of Alaska Natives.
``(2) It is the policy of the Federal Government to
encourage the maximum participation by Alaska Natives in the
planning and the management of Alaska Native education
programs.
``(3) Alaska Native children enter and exit school with
serious educational handicaps.
``(4) The educational achievement of Alaska Native children
is far below national norms. In addition to low Native
performance on standardized tests, Native student 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 herein, combined with
expanded Head Start, infant learning and early childhood
education programs, and parent education programs are
essential if educational handicaps are to be overcome.
``(6) The sheer magnitude of the geographic barriers to be
overcome in delivering educational services in rural and
village Alaska should be addressed through the development
and implementation of innovative, model programs in a variety
of areas.
``(7) Congress finds that Native children should be
afforded the opportunity to begin their formal education on a
par with their non-Native peers. The Federal Government
should lend support to efforts developed by and undertaken
within the Alaska Native community to improve educational
opportunity for all students.
``SEC. 3303. PURPOSE.
``It is the purpose of this subpart to--
``(1) recognize the unique educational needs of Alaska
Natives;
``(2) authorize the development of supplemental educational
programs to benefit Alaska Natives;
``(3) supplement existing programs and authorities in the
area of education to further the purposes of this subpart;
and
``(4) provide direction and guidance to appropriate
Federal, State and local agencies to focus resources,
including resources made available under this subpart, on
meeting the educational needs of Alaska Natives.
``SEC. 3304. PROGRAM AUTHORIZED.
``(a) General Authority.--
``(1) Program authorized.--The Secretary is authorized to
make grants to, or enter into contracts with, Alaska Native
organizations, educational entities with experience in
developing or operating Alaska Native programs or programs of
instruction conducted in Alaska Native languages, and
consortia of such organizations and entities to carry out
programs that meet the purpose of this subpart.
``(2) Permissible activities.--Programs under this subpart
may include--
``(A) the development and implementation of plans, methods,
and strategies to improve the education of Alaska Natives;
``(B) the development of curricula and educational programs
that address the educational needs of Alaska Native students,
including--
``(i) curriculum materials that reflect the cultural
diversity or the contributions of Alaska Natives;
``(ii) instructional programs that make use of Native
Alaskan languages; and
``(iii) networks that introduce successful programs,
materials, and techniques to urban and rural schools;
``(C) professional development activities for educators,
including--
``(i) programs to prepare teachers to address the cultural
diversity and unique needs of Alaska Native students;
``(ii) in-service programs to improve the ability of
teachers to meet the unique needs of Alaska Native students;
and
``(iii) recruiting and preparing teachers who are Alaska
Natives, reside in communities with high concentrations of
Alaska Native students, or are likely to succeed as teachers
in isolated, rural communities and engage in cross-cultural
instruction;
``(D) the development and operation of home instruction
programs for Alaska Native preschool children, the purpose of
which is to ensure the active involvement of parents in their
children's education from the earliest ages;
``(E) family literacy services;
``(F) the development and operation of student enrichment
programs in science and mathematics that--
``(i) are designed to prepare Alaska Native students from
rural areas, who are preparing to enter high school, to excel
in science and math; and
``(ii) provide appropriate support services to the families
of such students that are needed to enable such students to
benefit from the program;
``(G) research and data collection activities to determine
the educational status and needs of Alaska Native children
and adults;
``(H) other research and evaluation activities related to
programs under this subpart; and
``(I) other activities, consistent with the purposes of
this subpart, to meet the educational needs of Alaska Native
children and adults.
``(3) Home instruction programs.--Home instruction programs
for Alaska Native preschool children under paragraph (2)(D)
may include--
``(A) programs for parents and their infants, from prenatal
through age three;
``(B) preschool programs; and
``(C) training, education, and support for parents in such
areas as reading readiness, observation, story-telling, and
critical thinking.
``(b) Limitation on Administrative Costs.--Not more than 5
percent of funds provided to a grantee under this section for
any fiscal year may be used for administrative purposes.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated $15,000,000 for fiscal year
2002, and such sums as may be necessary for each of the
fiscal years 2003 through 2006 to carry out this subpart.
``SEC. 3305. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--No grant may be made under
this subpart, nor any contract be entered into under this
subpart, unless an application is submitted to the Secretary
in such form, in such manner, and containing such information
as the Secretary may determine necessary to carry out the
provisions of this subpart.
``(b) Applications.--State and local educational agencies
may apply for an award under this subpart only as subpart of
a consortium involving an Alaska Native organization. This
consortium may include other eligible applicants.
``(c) Consultation Required.--Each applicant for funding
shall provide for ongoing advice from and consultation with
representatives of the Alaska Native community.
``(d) Local Educational Agency Coordination.--Each
applicant for an award under this subpart shall inform each
local educational agency serving students who would
participate in the project about its application.
``SEC. 3306. DEFINITIONS.
``For purposes of this subpart--
``(1) the term `Alaska Native' has the same meaning as the
term `Native' has in section 3(b) of the Alaska Native Claims
Settlement Act; and
``(2) the term `Alaska Native organization' means a
federally recognized tribe, consortium of tribes, regional
nonprofit Native association, and other Alaska Native
organizations that--
``(A) has or commits to acquire expertise in the education
of Alaska Natives; and
``(B) has Alaska Natives in substantive and policy-making
positions within the organization.''.
(b) Savings Provision.--Funds appropriated for part C of
title IX of the Elementary and Secondary Education Act of
1965 (as in effect on the day before the date of the
enactment of this Act) shall be available for use under
subpart 2 of part B of title III of such Act, as added by
this section.
SEC. 313. AMENDMENTS TO THE EDUCATION AMENDMENTS OF 1978.
Part B of title XI of the Education Amendments of 1978 (25
U.S.C. 2001 et seq.) is amended to read as follows:
``PART B--BUREAU OF INDIAN AFFAIRS PROGRAMS
``SEC. 1120. FINDING AND POLICY.
``(a) Finding.--Congress finds and recognizes that the
Federal Government has the sole responsibility for the
operation and financial support of the Bureau of Indian
Affairs funded school system that it has established on or
near Indian reservations and Indian trust lands throughout
the Nation for Indian children.
``(b) Policy.--It is the policy of the United States to
work in full cooperation with Indian tribes toward the goal
of assuring that the programs of the Bureau of Indian Affairs
funded school system are of the highest quality and meet the
unique educational and cultural needs of Indian children.
``SEC. 1121. ACCREDITATION AND STANDARDS FOR THE BASIC
EDUCATION OF INDIAN CHILDREN IN BUREAU OF
INDIAN AFFAIRS SCHOOLS.
``(a) Purpose.--The purpose of the standards implemented
under this section shall be to afford Indian students being
served by a school funded by the Bureau of Indian Affairs the
same opportunities as all other students in the United States
to achieve the same challenging State academic achievement
standards expected of all students.
``(b) Studies and Surveys Relating to Standards.--Not later
than 1 year after the date of the enactment of the No Child
Left Behind Act of 2001, the Secretary, in consultation with
the Secretary of Education, consortia of education
organizations, and Indian organizations and tribes, and
making the fullest use possible of other existing studies,
surveys, and plans, shall carry out by contract with an
Indian organization, studies and surveys to establish and
revise standards for the basic education of Indian children
attending Bureau funded schools. Such studies and surveys
shall take into account factors such as academic needs, local
cultural differences, type and level of language skills,
geographic isolation, and appropriate teacher-student ratios
for such children, and shall be directed toward the
attainment of equal educational opportunity for such
children.
``(c) Revision of Minimum Academic Standards.--
``(1) In general.--Not later than 2 years after the date of
the enactment of the No Child Left Behind Act of 2001, the
Secretary shall--
``(A) propose revisions to the minimum academic standards
published in the Federal Register on September 9, 1995 (50
Fed. Reg. 174) for the basic education of Indian children
attending Bureau funded schools in accordance with the
purpose described in subsection (a) and the findings of the
studies and surveys conducted under subsection (b);
``(B) publish such proposed revisions to such standards in
the Federal Register for the purpose of receiving comments
from the tribes, tribal school boards, Bureau funded schools,
and other interested parties; and
``(C) consistent with the provisions of this section and
section 1131, take such actions as are necessary to
coordinate standards implemented
[[Page H2470]]
under this section with the Comprehensive School Reform Plan
developed by the Bureau and--
``(i) with the standards of the improvement plans for the
States in which any school operated by the Bureau of Indian
Affairs is located; or
``(ii) in the case where schools operated by the Bureau are
within the boundaries of reservation land of one tribe but
within the boundaries of more than one State, with the
standards of the State improvement plan of one such State
selected by the tribe.
``(2) Further revisions.--Not later that 6 months after the
close of the comment period, the Secretary shall establish
final standards, distribute such standards to all tribes and
publish such final standards in the Federal Register. The
Secretary shall revise such standards periodically as
necessary. Prior to any revision of such final standards, the
Secretary shall distribute such proposed revision to all the
tribes, and publish such proposed revision in the Federal
Register, for the purpose of receiving comments from the
tribes and other interested parties.
``(3) Applicability of standards.--Except as provided in
subsection (e), the final standards published under paragraph
(2) shall apply to all Bureau funded schools not accredited
under subsection (f), and may also serve as a model for
educational programs for Indian children in public schools.
``(4) Considerations when establishing and revising
standards.--In establishing and revising such standards, the
Secretary shall take into account the unique needs of Indian
students and support and reinforcement of the specific
cultural heritage of each tribe.
``(d) Alternative or Modified Standards.--The Secretary
shall provide alternative or modified standards in lieu of
the standards established under subsection (c), where
necessary, so that the programs of each school are in
compliance with the minimum accreditation standards required
for schools in the State or region where the school is
located.
``(e) Waiver of Standards; Alternative Standards.--A tribal
governing body, or the local school board so designated by
the tribal governing body, shall have the local authority to
waive, in part or in whole, the standards established under
subsections (c) and (d) if such standards are deemed by such
body to be inappropriate. The tribal governing body or
designated school board shall, not later than 60 days after a
waiver under this subsection, submit to the Secretary a
proposal for alternative standards that take into account the
specific needs of the tribe's children. Such alternative
standards shall be established by the Secretary unless
specifically rejected by the Secretary for good cause and in
writing to the affected tribes or local school board, which
rejection shall be final and not subject to review.
``(f) Accreditation and Implementation of Standards.--
``(1) Deadline for meeting standards.--Not later the second
academic year after publication of the standards, to the
extent necessary funding is provided, all Bureau funded
schools shall meet the standards established under
subsections (c) and (d) or shall be accredited--
``(A) by a tribal accrediting body, if the accreditation
standards of the tribal accrediting body have been accepted
by formal action of the tribal governing body and are equal
to or exceed the accreditation standards of the State or
region in which the school is located;
``(B) by a regional accreditation agency; or
``(C) by State accreditation standards for the State in
which it is located.
``(2) Determination of standards to be applied.--The
accreditation type or standards applied for each school shall
be determined by the school board of the school, in
consultation with the Administrator of the school, provided
that in the case where the School Board and the Administrator
fail to agree on the type of accreditation and standards to
apply, the decision of the school board with the approval of
the tribal governing body shall be final.
``(3) Assistance to school boards.--The Secretary, through
contracts and grants, shall assist school boards of contract
or grant schools in implementation of the standards
established under subsections (c) and (d), if the school
boards request that such standards, in part or in whole, be
implemented.
``(4) Fiscal control and fund accounting standards.--The
Bureau shall, either directly or through contract with an
Indian organization, establish a consistent system of
reporting standards for fiscal control and fund accounting
for all contract and grant schools. Such standards shall
provide data comparable to those used by Bureau operated
schools.
``(g) Annual Plan for Meeting of Standards.--Except as
provided in subsections (e) and (f), the Secretary shall
begin to implement the standards established under this
section immediately upon the date of their establishment. On
an annual basis, the Secretary shall submit to the
appropriate committees of Congress, all Bureau funded
schools, and the tribal governing bodies of such schools a
detailed plan to bring all Bureau schools and contract or
grant schools up to the level required by the applicable
standards established under this section. Such plan shall
include detailed information on the status of each school's
educational program in relation to the applicable standards
established under this section, specific cost estimates for
meeting such standards at each school and specific timelines
for bringing each school up to the level required by such
standards.
``(h) Closure or Consolidation of Schools.--
``(1) In general.--Except as specifically required by
statute, no school or peripheral dormitory operated by the
Bureau on or after January 1, 1992, may be closed or
consolidated or have its program substantially curtailed
unless done according to the requirements of this subsection.
``(2) Exceptions.--This subsection shall not apply--
``(A) in those cases where the tribal governing body, or
the local school board concerned (if so designated by the
tribal governing body), requests closure or consolidation; or
``(B) when a temporary closure, consolidation, or
substantial curtailment is required by plant conditions which
constitute an immediate hazard to health and safety.
``(3) Regulations.--The Secretary shall, by regulation,
promulgate standards and procedures for the closure, transfer
to another authority, consolidation, or substantial
curtailment of Bureau schools, in accordance with the
requirements of this subsection.
``(4) Notice.--Whenever closure, transfer to another
authority, consolidation, or substantial curtailment of a
school is under active consideration or review by any
division of the Bureau or the Department of the Interior, the
affected tribe, tribal governing body, and designated local
school board, will be notified immediately, kept fully and
currently informed, and afforded an opportunity to comment
with respect to such consideration or review. When a formal
decision is made to close, transfer to another authority,
consolidate, or substantially curtail a school, the affected
tribe, tribal governing body, and designated school board
shall be notified at least 6 months prior to the end of the
school year preceding the proposed closure date. Copies of
any such notices and information shall be transmitted
promptly to the appropriate committees of Congress and
published in the Federal Register.
``(5) Report.--The Secretary shall make a report to the
appropriate committees of Congress, the affected tribe, and
the designated school board describing the process of the
active consideration or review referred to in paragraph (4).
The report shall include a study of the impact of such action
on the student population, identify those students with
particular educational and social needs, and ensure that
alternative services are available to such students. Such
report shall include the description of the consultation
conducted between the potential service provider, current
service provider, parents, tribal representatives and the
tribe or tribes involved, and the Director of the Office of
Indian Education Programs within the Bureau regarding such
students.
``(6) Limitation on certain actions.--No irrevocable action
may be taken in furtherance of any such proposed school
closure, transfer to another authority, consolidation, or
substantial curtailment (including any action which would
prejudice the personnel or programs of such school) prior to
the end of the first full academic year after such report is
made.
``(7) Tribal governing body approval required for certain
actions.--The Secretary may terminate, contract, transfer to
any other authority, consolidate, or substantially curtail
the operation or facilities of--
``(A) any Bureau funded school that is operated on or after
of January 1, 1999;
``(B) any program of such a school that is operated on or
after January 1, 1999; or
``(C) any school board of a school operated under a grant
under the Tribally Controlled Schools Act of 1988,
only if the tribal governing body approves such action.
``(i) Application for Contracts or Grants for Non-Bureau
Funded Schools or Expansion of Bureau Funded Schools.--
``(1) In general.--(A)(i) The Secretary shall only consider
the factors described in subparagraph (B) in reviewing--
``(I) applications from any tribe for the awarding of a
contract or grant for a school that is not a Bureau funded
school; and
``(II) applications from any tribe or school board of any
Bureau funded school for--
``(aa) a school which is not a Bureau funded school; or
``(bb) the expansion of a Bureau funded school which would
increase the amount of funds received by the Indian tribe or
school board under section 1127.
``(ii) With respect to applications described in this
subparagraph, the Secretary shall give consideration to all
the factors described in subparagraph (B), but no such
application shall be denied based primarily upon the
geographic proximity of comparable public education.
``(B) With respect to applications described in
subparagraph (A) the Secretary shall consider the following
factors relating to the program and services that are the
subject of the application:
``(i) The adequacy of the facilities or the potential to
obtain or provide adequate facilities.
``(ii) Geographic and demographic factors in the affected
areas.
``(iii) The adequacy of the applicant's program plans or,
in the case of a Bureau funded school, of projected needs
analysis done either by the tribe or the Bureau.
``(iv) Geographic proximity of comparable public education.
``(v) The stated needs of all affected parties, including
students, families, tribal governments at both the central
and local levels, and school organizations.
``(vi) Adequacy and comparability of programs already
available.
``(vii) Consistency of available programs with tribal
educational codes or tribal legislation on education.
``(viii) The history and success of these services for the
proposed population to be served, as determined from all
factors, including but not limited to standardized
examination performance.
``(2) Determination on application.--(A) The Secretary
shall make a determination of
[[Page H2471]]
whether to approve any application described in paragraph
(1)(A) not later than 180 days after such application is
submitted to the Secretary.
``(B) If the Secretary fails to make the determination with
respect to an application by the date described in
subparagraph (A), the application shall be treated a having
been approved by the Secretary.
``(3) Requirements for applications.--(A) Notwithstanding
paragraph (2)(B), an application described in paragraph
(1)(A) may be approved by the Secretary only if--
``(i) the application has been approved by the tribal
governing body of the students served by (or to be served by)
the school or program that is the subject of the application;
and
``(ii) written evidence of such approval is submitted with
the application.
``(B) Each application described in paragraph (1)(A) shall
provide information concerning each of the factors described
in paragraph (1)(B).
``(4) Denial of applications.--Whenever the Secretary makes
a determination to deny approval of any application described
in paragraph (1)(A), the Secretary shall--
``(A) state the objections in writing to the applicant not
later 180 days after the application is submitted to the
Secretary;
``(B) provide assistance to the applicant to overcome
stated objections; and
``(C) provide the applicant a hearing, under the same rules
and regulations pertaining to the Indian Self-Determination
and Education Assistance Act and an opportunity to appeal the
objections raised by the Secretary.
``(5) Effective date of a subject application.--(A) Except
as otherwise provided in this paragraph, the action which is
the subject of any application described in paragraph (1)(A)
that is approved by the Secretary shall become effective at
the beginning of the academic year following the fiscal year
in which the application is approved, or at an earlier date
determined by the Secretary.
``(B) If an application is treated as having been approved
by the Secretary under paragraph (2)(B), the action that is
the subject of the application shall become effective on the
date that is 18 months after the date on which the
application is submitted to the Secretary, or at an earlier
date determined by the Secretary.
``(6) Statutory construction.--Nothing in this section
shall be read so as to preclude the expansion of grades and
related facilities at a Bureau funded school where such
expansion and the maintenance of such expansion is occasioned
or paid for with non-Bureau funds.
``(j) General Use of Funds.--Funds received by Bureau
funded schools from the Bureau of Indian Affairs and under
any program from the Department of Education or any other
Federal agency for the purpose of providing education or
related services may be used for schoolwide projects to
improve the educational program for all Indian students.
``(k) Study on Adequacy of Funds and Formulas.--The
Comptroller General shall conduct a study, in consultation
with Indian tribes and local school boards, to determine the
adequacy of funding, and formulas used by the Bureau to
determine funding, for programs operated by Bureau funded
schools, taking into account unique circumstances applicable
to Bureau funded schools, as well as expenditures for
comparable purposes in public schools nationally. Upon
completion of the study, the Secretary of the Interior shall
take such action as necessary to ensure distribution of the
findings of the study to all affected Indian tribes, local
school boards, and associations of local school boards.
``SEC. 1122. NATIONAL CRITERIA FOR HOME-LIVING SITUATIONS.
``(a) In General.--The Secretary, in consultation with the
Secretary of Education, Indian organizations and tribes, and
Bureau funded schools, shall revise the national standards
for home-living (dormitory) situations to include such
factors as heating, lighting, cooling, adult-child ratios,
needs for counselors (including special needs related to off-
reservation home-living (dormitory) situations), therapeutic
programs, space, and privacy. Such standards shall be
implemented in Bureau operated schools, and shall serve as
minimum standards for contract or grant schools. Once
established, any revisions of such standards shall be
developed according to the requirements established under
section 1138A.
``(b) Implementation.--The Secretary shall implement the
revised standards established under this section immediately
upon their completion.
``(c) Plan.--At the time of each annual budget submission
for Bureau educational services is presented, the Secretary
shall submit to the appropriate committees of Congress, the
tribes, and the affected schools, and publish in the Federal
Register, a detailed plan to bring all Bureau funded schools
that provide home-living (dormitory) situations up to the
standards established under this section. Such plan shall
include a statement of the relative needs of each Bureau
funded home-living (dormitory) school, projected future needs
of each Bureau funded home-living (dormitory) school,
detailed information on the status of each school in relation
to the standards established under this section, specific
cost estimates for meeting each standard for each such
school, aggregate cost estimates for bringing all such
schools into compliance with the criteria established under
this section, and specific timelines for bringing each school
into compliance with such standards.
``(d) Waiver.--The criteria established under this section
may be waived in the same manner as the standards provided
under section 1121(c) may be waived.
``(e) Closure for Failure To Meet Standards Prohibited.--No
school in operation on or before January 1, 1987 (regardless
of compliance or noncompliance with the criteria established
under this section), may be closed, transferred to another
authority, consolidated, or have its program substantially
curtailed for failure to meet the criteria.
``SEC. 1123. CODIFICATION OF REGULATIONS.
``(a) Part 32 of Title 25 of Code of Federal Regulations.--
The provisions of part 32 of title 25 of the Code of Federal
Regulations, as in effect on January 1, 1987, are
incorporated into this Act and shall be treated as though
such provisions are set forth in this subsection. Such
provisions may be altered only by means of an Act of
Congress. To the extent that such provisions of part 32 do
not conform with this Act or any statutory provision of law
enacted before November 1, 1978, the provisions of this Act
and the provisions of such other statutory law shall govern.
``(b) Regulation Defined.--For purposes of this part, the
term `regulation' means any rules, regulations, guidelines,
interpretations, orders, or requirements of general
applicability prescribed by any officer or employee of the
executive branch.
``SEC. 1124. SCHOOL BOUNDARIES.
``(a) Establishment by Secretary.--The Secretary shall
establish, by regulation, separate geographical attendance
areas for each Bureau funded school.
``(b) Establishment by Tribal Body.--In any case where
there is more than one Bureau funded school located on an
Indian reservation, at the direction of the tribal governing
body, the relevant school boards of the Bureau funded schools
on the reservation may, by mutual consent, establish the
relevant attendance areas for such schools, subject to the
approval of the tribal governing body. Any such boundaries so
established shall be accepted by the Secretary.
``(c) Boundary Revisions.--
``(1) In general.--On or after July 1, 2001, no
geographical attendance area shall be revised or established
with respect to any Bureau funded school unless the tribal
governing body or the local school board concerned (if so
designated by the tribal governing body) has been afforded--
``(A) at least 6 months notice of the intention of the
Bureau to revise or establish such attendance area; and
``(B) the opportunity to propose alternative boundaries.
Any tribe may petition the Secretary for revision of existing
attendance area boundaries. The Secretary shall accept such
proposed alternative or revised boundaries unless the
Secretary finds, after consultation with the affected tribe
or tribes, that such revised boundaries do not reflect the
needs of the Indian students to be served or do not provide
adequate stability to all of the affected programs. The
Secretary shall cause such revisions to be published in the
Federal Register.
``(2) Tribal resolution determination.--Nothing in this
section shall be interpreted as denying a tribal governing
body the authority, on a continuing basis, to adopt a tribal
resolution allowing parents the choice of the Bureau funded
school their children may attend, regardless of the
attendance boundaries established under this section.
``(d) Funding Restrictions.--The Secretary shall not deny
funding to a Bureau funded school for any eligible Indian
student attending the school solely because that student's
home or domicile is outside of the geographical attendance
area established for that school under this section. No
funding shall be made available without tribal authorization
to enable a school to provide transportation for any student
to or from the school and a location outside the approved
attendance area of the school.
``(e) Reservation as Boundary.--In any case where there is
only one Bureau funded program located on an Indian
reservation, the attendance area for the program shall be the
boundaries (established by treaty, agreement, legislation,
court decisions, or executive decisions and as accepted by
the tribe) of the reservation served, and those students
residing near the reservation shall also receive services
from such program.
``(f) Off-Reservation Home-Living (Dormitory) Schools.--
Notwithstanding any geographical attendance areas, attendance
at off-reservation home-living (dormitory) schools shall
include students requiring special emphasis programs to be
implemented at each off-reservation home-living (dormitory)
school. Such attendance shall be coordinated between
education line officers, the family, and the referring and
receiving programs.
``SEC. 1125. FACILITIES CONSTRUCTION.
``(a) Compliance With Health and Safety Standards.--The
Secretary shall immediately begin to bring all schools,
dormitories, and other Indian education-related facilities
operated by the Bureau or under contract or grant with the
Bureau into compliance with all applicable tribal, Federal,
or State health and safety standards, whichever provides
greater protection (except that the tribal standards to be
applied shall be no greater than any otherwise applicable
Federal or State standards), with section 504 of the
Rehabilitation Act of 1973, and with the Americans with
Disabilities Act of 1990. Nothing in this section shall
require termination of the operations of any facility which
does not comply with such provisions and which is in use on
the date of the enactment of the No Child Left Behind Act of
2001.
``(b) Compliance Plan.--At the time that the annual budget
request for Bureau educational services is presented, the
Secretary shall submit to the appropriate committees of
Congress a detailed plan to bring all facilities covered
under subsection (a) of this section into compliance with the
standards referred to in subsection (a). Such plan shall
include detailed information on the status of each facility's
compliance with
[[Page H2472]]
such standards, specific cost estimates for meeting such
standards at each school, and specific timelines for bringing
each school into compliance with such standards.
``(c) Construction Priorities.--
``(1) System to establish priorities.--On an annual basis
the Secretary shall submit to the appropriate committees of
Congress and cause to be published in the Federal Register,
the system used to establish priorities for replacement and
construction projects for Bureau funded schools and home-
living schools, including boarding schools and dormitories.
At the time any budget request for education is presented,
the Secretary shall publish in the Federal Register and
submit with the budget request the current list of all Bureau
funded school construction priorities.
``(2) Long-term construction and replacement list.--In
addition to the plan submitted under subsection (b), the
Secretary shall--
``(A) not later than 18 months after the date of the
enactment of the No Child Left Behind Act of 2001, establish
a long-term construction and replacement list for all Bureau
funded schools;
``(B) using the list prepared under subparagraph (A),
propose a list for the orderly replacement of all Bureau
funded education-related facilities over a period of 40 years
to enable planning and scheduling of budget requests;
``(C) cause the list prepared under subsection (B) to be
published in the Federal Register and allow a period of not
less than 120 days for public comment;
``(D) make such revisions to the list prepared under
subparagraph (B) as are appropriate based on the comments
received; and
``(E) cause the final list to be published in the Federal
Register.
``(3) Effect on other list.--Nothing in this section shall
be construed as interfering with or changing in any way the
construction priority list as it exists on the date of the
enactment of the No Child Left Behind Act of 2001.
``(d) Hazardous Condition at Bureau School.--
``(1) Closure or consolidation.--A Bureau funded school may
be closed or consolidated, and the programs of a Bureau
funded school may be substantially curtailed by reason of
plant conditions that constitute an immediate hazard to
health and safety only if a health and safety officer of the
Bureau determines that such conditions exist at the Bureau
funded school.
``(2) Inspection.--(A) After making a determination
described in paragraph (1), the Bureau health and safety
officer shall conduct an inspection of the condition of such
plant accompanied by an appropriate tribal, county,
municipal, or State health and safety officer in order to
determine whether conditions at such plant constitute an
immediate hazard to health and safety. Such inspection shall
be completed by not later than the date that is 30 days after
the date on which the action described in paragraph (1) is
taken. No further negative action may be taken unless the
findings are concurred in by the second, non-Bureau of Indian
Affairs inspector.
``(B) If the health and safety officer conducting the
inspection of a plant required under subparagraph (A)
determines that conditions at the plant do not constitute an
immediate hazard to health and safety, any consolidation or
curtailment that was made under paragraph (1) shall
immediately cease and any school closed by reason of
conditions at the plant shall be reopened immediately.
``(C) If a Bureau funded school is temporarily closed or
consolidated or the programs of a Bureau funded school are
substantially curtailed under this subsection and the
Secretary determines that the closure, consolidation, or
curtailment will exceed 1 year, the Secretary shall submit to
the Congress, by not later than 6 months after the date on
which the closure, consolidation, or curtailment was
initiated, a report which sets forth the reasons for such
temporary actions, the actions the Secretary is taking to
eliminate the conditions that constitute the hazard, and an
estimated date by which such actions will be concluded.
``(e) Funding Requirement.--
``(1) Distribution of funds.--Beginning with the fiscal
year following the year of the date of the enactment of the
No Child Left Behind Act of 2001, all funds appropriated for
the operations and maintenance of Bureau funded schools shall
be distributed by formula to the schools. No funds from this
account may be retained or segregated by the Bureau to pay
for administrative or other costs of any facilities branch or
office, at any level of the Bureau.
``(2) Requirements for certain uses.--No funds shall be
withheld from the distribution to the budget of any school
operated under contract or grant by the Bureau for
maintenance or any other facilities or road related purpose,
unless such school has consented, as a modification to the
contract or in writing for grants schools, to the withholding
of such funds, including the amount thereof, the purpose for
which the funds will be used, and the timeline for the
services to be provided. The school may, at the end of any
fiscal year, cancel an agreement under this paragraph upon
giving the Bureau 30 days notice of its intent to do so.
``(f) No Reduction in Federal Funding.--Nothing in this
section shall be construed to diminish any Federal funding
due to the receipt by the school of funding for facilities
improvement or construction from a State or any other source.
``SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.
``(a) Formulation and Establishment of Policy and
Procedure; Supervision of Programs and Expenditures.--The
Secretary shall vest in the Assistant Secretary for Indian
Affairs all functions with respect to formulation and
establishment of policy and procedure and supervision of
programs and expenditures of Federal funds for the purpose of
Indian education administered by the Bureau. The Assistant
Secretary shall carry out such functions through the Director
of the Office of Indian Education Programs.
``(b) Direction and Supervision of Personnel Operations.--
Not later than 6 months after the date of the enactment of
the No Child Left Behind Act of 2001, the Director of the
Office of Indian Education Programs shall direct and
supervise the operations of all personnel directly and
substantially involved in the provision of education services
by the Bureau, including school or institution custodial or
maintenance personnel, facilities management, contracting,
procurement, and finance personnel. The Assistant Secretary
for Indian Affairs shall coordinate the transfer of functions
relating to procurement, contracts, operation, and
maintenance of schools and other support functions to the
Director.
``(c) Evaluation of Programs; Services and Support
Functions; Technical and Coordinating Assistance.--Education
personnel who are under the direction and supervision of the
Director of the Office of Indian Education Programs in
accordance with the first sentence of subsection (b) shall--
``(1) monitor and evaluate Bureau education programs;
``(2) provide all services and support functions for
education programs with respect to personnel matters
involving staffing actions and functions; and
``(3) provide technical and coordinating assistance in
areas such as procurement, contracting, budgeting, personnel,
curriculum, and operation and maintenance of school
facilities.
``(d) Construction, Improvement, Operation, and Maintenance
of Facilities.--
``(1) Plan for construction.--The Assistant Secretary shall
submit in the annual budget a plan--
``(A) for school facilities to be constructed under section
1125(c);
``(B) for establishing priorities among projects and for
the improvement and repair of educational facilities, which
together shall form the basis for the distribution of
appropriated funds; and
``(C) for capital improvements to be made over the five
succeeding years.
``(2) Program for operation and maintenance.--
``(A) Establishment.--The Assistant Secretary shall
establish a program, including the distribution of
appropriated funds, for the operation and maintenance of
education facilities. Such program shall include--
``(i) a method of computing the amount necessary for each
educational facility;
``(ii) similar treatment of all Bureau funded schools;
``(iii) a notice of an allocation of appropriated funds
from the Director of the Office of Indian Education Programs
directly to the education line officers and appropriate
school officials;
``(iv) a method for determining the need for, and priority
of, facilities repair and maintenance projects, both major
and minor. In making such determination, the Assistant
Secretary shall cause to be conducted a series of meetings at
the agency and area level with representatives of the Bureau
funded schools in those areas and agencies to receive comment
on the lists and prioritization of such projects; and
``(v) a system for the conduct of routine preventive
maintenance.
``(B) Local supervisors.--The appropriate education line
officers shall make arrangements for the maintenance of
education facilities with the local supervisors of the Bureau
maintenance personnel. The local supervisors of Bureau
maintenance personnel shall take appropriate action to
implement the decisions made by the appropriate education
line officers, except that no funds under this chapter may be
authorized for expenditure unless such appropriate education
line officer is assured that the necessary maintenance has
been, or will be, provided in a reasonable manner.
``(3) Implementation.--The requirements of this subsection
shall be implemented as soon as practicable after the date of
the enactment of the No Child Left Behind Act of 2001.
``(e) Acceptance of Gifts and Bequests.--Notwithstanding
any other provision of law, the Director shall promulgate
guidelines for the establishment of mechanisms for the
acceptance of gifts and bequests for the use and benefit of
particular schools or designated Bureau operated education
programs, including, where appropriate, the establishment and
administration of trust funds. When a Bureau operated program
is the beneficiary of such a gift or bequest, the Director
shall make provisions for monitoring its use and shall report
to the appropriate committees of Congress the amount and
terms of such gift or bequest, the manner in which such gift
or bequest shall be used, and any results achieved by such
action.
``(f) Functions Clarified.--For the purpose of this
section, the term `functions' includes powers and duties.
``SEC. 1127. ALLOTMENT FORMULA.
``(a) Factors Considered; Revision To Reflect Standards.--
``(1) Formula.--The Secretary shall establish, by
regulation adopted in accordance with section 1138A, a
formula for determining the minimum annual amount of funds
necessary to sustain each Bureau funded school. In
establishing such formula, the Secretary shall consider--
``(A) the number of eligible Indian students served and
total student population of the school;
``(B) special cost factors, such as--
``(i) the isolation of the school;
``(ii) the need for special staffing, transportation, or
educational programs;
[[Page H2473]]
``(iii) food and housing costs;
``(iv) maintenance and repair costs associated with the
physical condition of the educational facilities;
``(v) special transportation and other costs of isolated
and small schools;
``(vi) the costs of home-living (dormitory) arrangements,
where determined necessary by a tribal governing body or
designated school board;
``(vii) costs associated with greater lengths of service by
education personnel;
``(viii) the costs of therapeutic programs for students
requiring such programs; and
``(ix) special costs for gifted and talented students;
``(C) the cost of providing academic services which are at
least equivalent to those provided by public schools in the
State in which the school is located; and
``(D) such other relevant factors as the Secretary
determines are appropriate.
``(2) Revision of formula.--Upon the establishment of the
standards required in sections 1121 and 1122, the Secretary
shall revise the formula established under this subsection to
reflect the cost of funding such standards. Not later than
January 1, 2003, the Secretary shall review the formula
established under this section and shall take such steps as
are necessary to increase the availability of counseling and
therapeutic programs for students in off-reservation home-
living (dormitory) schools and other Bureau operated
residential facilities. Concurrent with such action, the
Secretary shall review the standards established under
section 1122 to be certain that adequate provision is made
for parental notification regarding, and consent for, such
counseling and therapeutic programs.
``(b) Pro Rata Allotment.--Notwithstanding any other
provision of law, Federal funds appropriated for the general
local operation of Bureau funded schools shall be allotted
pro rata in accordance with the formula established under
subsection (a).
``(c) Annual Adjustment; Reservation of Amount for School
Board Activities.--
``(1) Annual adjustment.--For fiscal year 2003, and for
each subsequent fiscal year, the Secretary shall adjust the
formula established under subsection (a) to ensure that the
formula does the following:
``(A) Uses a weighted unit of 1.2 for each eligible Indian
student enrolled in the seventh and eighth grades of the
school in considering the number of eligible Indian students
served by the school.
``(B) Considers a school with an enrollment of less than 50
eligible Indian students as having an average daily
attendance of 50 eligible Indian students for purposes of
implementing the adjustment factor for small schools.
``(C) Takes into account the provision of residential
services on less than a 9-month basis at a school when the
school board and supervisor of the school determine that a
less than 9-month basis will be implemented for the school
year involved.
``(D) Uses a weighted unit of 2.0 for each eligible Indian
student that--
``(i) is gifted and talented; and
``(ii) is enrolled in the school on a full-time basis,
in considering the number of eligible Indian students served
by the school.
``(E) Uses a weighted unit of 0.25 for each eligible Indian
student who is enrolled in a yearlong credit course in an
Indian or Native language as part of the regular curriculum
of a school, in considering the number of eligible Indian
students served by such school. The adjustment required under
this subparagraph shall be used for such school after--
``(i) the certification of the Indian or Native language
curriculum by the school board of such school to the
Secretary, together with an estimate of the number of full-
time students expected to be enrolled in the curriculum in
the second school year for which the certification is made;
and
(ii) the funds appropriated for allotment under this
section are designated by the appropriations Act
appropriating such funds as the amount necessary to implement
such adjustment at such school without reducing allotments
made under this section to any school by virtue of such
adjustment.
``(2) Reservation of amount.--
``(A) In general.--From the funds allotted in accordance
with the formula established under subsection (a) for each
Bureau school, the local school board of such school may
reserve an amount which does not exceed the greater of--
``(i) $8,000; or
``(ii) the lesser of--
``(I) $15,000; or
``(II) 1 percent of such allotted funds,
for school board activities for such school, including
(notwithstanding any other provision of law) meeting expenses
and the cost of membership in, and support of, organizations
engaged in activities on behalf of Indian education.
``(B) Training.--Each school board shall see that each new
member of the school board receives, within 12 months of the
individual's assuming a position on the school board, 40
hours of training relevant to that individual's service on
the board. Such training may include legal issues pertaining
to schools funded by the Bureau, legal issues pertaining to
school boards, ethics, and other topics deemed appropriate by
the school board.
``(d) Reservation of Amount for Emergencies.--The Secretary
shall reserve from the funds available for distribution for
each fiscal year under this section an amount which, in the
aggregate, shall equal 1 percent of the funds available for
such purpose for that fiscal year. Such funds shall be used,
at the discretion of the Director of the Office of Indian
Education Programs, to meet emergencies and unforeseen
contingencies affecting the education programs funded under
this section. Funds reserved under this subsection may only
be expended for education services or programs, including
emergency repairs of educational facilities, at a schoolsite
(as defined by section 5204(c)(2) of the Tribally Controlled
Schools Act of 1988). Funds reserved under this subsection
shall remain available without fiscal year limitation until
expended. However, the aggregate amount available from all
fiscal years may not exceed 1 percent of the current year
funds. Whenever, the Secretary makes funds available under
this subsection, the Secretary shall report such action to
the appropriate committees of Congress within the annual
budget submission.
``(e) Supplemental Appropriations.--Supplemental
appropriations enacted to meet increased pay costs
attributable to school level personnel shall be distributed
under this section.
``(f) Eligible Indian Student Defined.--For the purpose of
this section, the term `eligible Indian student' means a
student who--
``(1) is a member of or is at least one-fourth degree
Indian blood descendant of a member of an Indian tribe which
is eligible for the special programs and services provided by
the United States through the Bureau because of their status
as Indians; and
``(2) resides on or near an Indian reservation or meets the
criteria for attendance at a Bureau off-reservation home-
living (dormitory) school.
``(g) Tuition.--
``(1) In general.--An eligible Indian student may not be
charged tuition for attendance at a Bureau school or contract
or grant school. A student attending a Bureau school under
paragraph (2)(C) may not be charged tuition for attendance at
such a school.
``(2) Attendance of non-indian students at bureau
schools.--The Secretary may permit the attendance at a Bureau
school of a student who is not an eligible Indian student
if--
``(A) the Secretary determines that the student's
attendance will not adversely affect the school's program for
eligible Indian students because of cost, overcrowding, or
violation of standards or accreditation;
``(B) the school board consents;
``(C) the student is a dependent of a Bureau, Indian Health
Service, or tribal government employee who lives on or near
the schoolsite; or
``(D) a tuition is paid for the student that is not more
than that charged by the nearest public school district for
out-of-district students, and shall be in addition to the
school's allocation under this section.
``(3) Attendance of non-indian students at contract and
grant schools.--The school board of a contract or grant
school may permit students who are not eligible Indian
students under this subsection to attend its contract school
or grant school and any tuition collected for those students
shall be in addition to funding received under this section.
``(h) Funds Available Without Fiscal Year Limitation.--
Notwithstanding any other provision of law, at the election
of the school board of a Bureau school made at any time
during the fiscal year, a portion equal to not more than 15
percent of the funds allocated with respect to a school under
this section for any fiscal year shall remain available to
the school for expenditure without fiscal year limitation.
The Assistant Secretary shall take steps as may be necessary
to implement this provision.
``(i) Students at Richfield Dormitory, Richfield, Utah.--
Tuition for out-of-State Indian students in home-living
(dormitory) arrangements at the Richfield dormitory in
Richfield, Utah, who attend Sevier County high schools in
Richfield, Utah, shall be paid from the Indian school
equalization program funds authorized in this section and
section 1130 at a rate not to exceed the amounts per weighted
student unit for that year for the instruction of such
students. No additional administrative cost funds shall be
added to the grant.
``SEC. 1128. ADMINISTRATIVE COST GRANTS.
``(a) Grants; Effect Upon Appropriated Amounts.--
``(1) Grants.--Subject to the availability of appropriated
funds, the Secretary shall provide grants to each tribe or
tribal organization operating a contract school or grant
school in the amount determined under this section with
respect to the tribe or tribal organization for the purpose
of paying the administrative and indirect costs incurred in
operating contract or grant schools, provided that no school
operated as a stand-alone institution shall receive less than
$200,000 per year for these purposes, in order to--
``(A) enable tribes and tribal organizations operating such
schools, without reducing direct program services to the
beneficiaries of the program, to provide all related
administrative overhead services and operations necessary to
meet the requirements of law and prudent management practice;
and
``(B) carry out other necessary support functions which
would otherwise be provided by the Secretary or other Federal
officers or employees, from resources other than direct
program funds, in support of comparable Bureau operated
programs.
``(2) Effect upon appropriated amounts.--Amounts
appropriated to fund the grants provided under this section
shall be in addition to, and shall not reduce, the amounts
appropriated for the program being administered by the
contract or grant school.
``(b) Determination of Grant Amount.--
``(1) In general.--The amount of the grant provided to each
tribe or tribal organization under this section for each
fiscal year shall be determined by applying the
administrative cost percentage rate of the tribe or tribal
organization to the aggregate of the Bureau elementary and
secondary functions operated by the tribe
[[Page H2474]]
or tribal organization for which funds are received from or
through the Bureau. The administrative cost percentage rate
determined under subsection (c) does not apply to other
programs operated by the tribe or tribal organization.
``(2) Direct cost base funds.--The Secretary shall--
``(A) reduce the amount of the grant determined under
paragraph (1) to the extent that payments for administrative
costs are actually received by an Indian tribe or tribal
organization under any Federal education program included in
the direct cost base of the tribe or tribal organization; and
``(B) take such actions as may be necessary to be
reimbursed by any other department or agency of the Federal
Government for the portion of grants made under this section
for the costs of administering any program for Indians that
is funded by appropriations made to such other department or
agency.
``(c) Administrative Cost Percentage Rate.--
``(1) In general.--For purposes of this section, the
administrative cost percentage rate for a contract or grant
school for a fiscal year is equal to the percentage
determined by dividing--
``(A) the sum of--
``(i) the amount equal to--
``(I) the direct cost base of the tribe or tribal
organization for the fiscal year, multiplied by
``(II) the minimum base rate; plus
``(ii) the amount equal to--
``(I) the standard direct cost base; multiplied by
``(II) the maximum base rate; by
``(B) the sum of--
``(i) the direct cost base of the tribe or tribal
organization for the fiscal year; plus
``(ii) the standard direct cost base.
``(2) Rounding.--The administrative cost percentage rate
shall be determined to the \1/100\ of a decimal point.
``(d) Combining Funds.--
``(1) In general.--Funds received by a tribe or contract or
grant school as grants under this section for tribal
elementary or secondary educational programs may be combined
by the tribe or contract or grant school into a single
administrative cost account without the necessity of
maintaining separate funding source accounting.
``(2) Indirect cost funds.--Indirect cost funds for
programs at the school which share common administrative
services with tribal elementary or secondary educational
programs may be included in the administrative cost account
described in paragraph (1).
``(e) Availability of Funds.--Funds received as grants
under this section with respect to tribal elementary or
secondary education programs shall remain available to the
contract or grant school without fiscal year limitation and
without diminishing the amount of any grants otherwise
payable to the school under this section for any fiscal year
beginning after the fiscal year for which the grant is
provided.
``(f) Treatment of Funds.--Funds received as grants under
this section for Bureau funded programs operated by a tribe
or tribal organization under a contract or agreement shall
not be taken into consideration for purposes of indirect cost
underrecovery and overrecovery determinations by any Federal
agency for any other funds, from whatever source derived.
``(g) Treatment of Entity Operating Other Programs.--In
applying this section and section 105 of the Indian Self-
Determination and Education Assistance Act with respect to an
Indian tribe or tribal organization that--
``(1) receives funds under this section for administrative
costs incurred in operating a contract or grant school or a
school operated under the Tribally Controlled Schools Act of
1988; and
``(2) operates one or more other programs under a contract
or grant provided under the Indian Self-Determination and
Education Assistance Act,
the Secretary shall ensure that the Indian tribe or tribal
organization is provided with the full amount of the
administrative costs that are associated with operating the
contract or grant school, and of the indirect costs, that are
associated with all of such other programs, provided that
funds appropriated for implementation of this section shall
be used only to supply the amount of the grant required to be
provided by this section.
``(h) Definitions.--For purposes of this section:
``(1) Administrative cost.--(A) The term `administrative
cost' means the costs of necessary administrative functions
which--
``(i) the tribe or tribal organization incurs as a result
of operating a tribal elementary or secondary educational
program;
``(ii) are not customarily paid by comparable Bureau
operated programs out of direct program funds; and
``(iii) are either--
``(I) normally provided for comparable Bureau programs by
Federal officials using resources other than Bureau direct
program funds; or
``(II) are otherwise required of tribal self-determination
program operators by law or prudent management practice.
``(B) The term `administrative cost' may include--
``(i) contract or grant (or other agreement)
administration;
``(ii) executive, policy, and corporate leadership and
decisionmaking;
``(iii) program planning, development, and management;
``(iv) fiscal, personnel, property, and procurement
management;
``(v) related office services and record keeping; and
``(vi) costs of necessary insurance, auditing, legal,
safety and security services.
``(2) Bureau elementary and secondary functions.--The term
`Bureau elementary and secondary functions' means--
``(A) all functions funded at Bureau schools by the Office;
``(B) all programs--
``(i) funds for which are appropriated to other agencies of
the Federal Government; and
``(ii) which are administered for the benefit of Indians
through Bureau schools; and
``(C) all operation, maintenance, and repair funds for
facilities and government quarters used in the operation or
support of elementary and secondary education functions for
the benefit of Indians, from whatever source derived.
``(3) Direct cost base.--(A) Except as otherwise provided
in subparagraph (B), the direct cost base of a tribe or
tribal organization for the fiscal year is the aggregate
direct cost program funding for all tribal elementary or
secondary educational programs operated by the tribe or
tribal organization during--
``(i) the second fiscal year preceding such fiscal year; or
``(ii) if such programs have not been operated by the tribe
or tribal organization during the two preceding fiscal years,
the first fiscal year preceding such fiscal year.
``(B) In the case of Bureau elementary or secondary
education functions which have not previously been operated
by a tribe or tribal organization under contract, grant, or
agreement with the Bureau, the direct cost base for the
initial year shall be the projected aggregate direct cost
program funding for all Bureau elementary and secondary
functions to be operated by the tribe or tribal organization
during that fiscal year.
``(4) Maximum base rate.--The term `maximum base rate'
means 50 percent.
``(5) Minimum base rate.--The term `minimum base rate'
means 11 percent.
``(6) Standard direct cost base.--The term `standard direct
cost base' means $600,000.
``(7) Tribal elementary or secondary educational
programs.--The term `tribal elementary or secondary
educational programs' means all Bureau elementary and
secondary functions, together with any other Bureau programs
or portions of programs (excluding funds for social services
that are appropriated to agencies other than the Bureau and
are expended through the Bureau, funds for major
subcontracts, construction, and other major capital
expenditures, and unexpended funds carried over from prior
years) which share common administrative cost functions, that
are operated directly by a tribe or tribal organization under
a contract, grant, or agreement with the Bureau.
``(i) Studies for Determination of Factors Affecting Costs;
Base Rates Limits; Standard Direct Cost Base; Report to
Congress.--
``(1) Studies.--Not later than 120 days after the date of
the enactment of the No Child Left Behind Act of 2001, the
Director of the Office of Indian Education Programs shall--
``(A) conduct such studies as may be needed to establish an
empirical basis for determining relevant factors
substantially affecting required administrative costs of
tribal elementary and secondary education programs, using the
formula set forth in subsection (c); and
``(B) conduct a study to determine--
``(i) a maximum base rate which ensures that the amount of
the grants provided under this section will provide adequate
(but not excessive) funding of the administrative costs of
the smallest tribal elementary or secondary educational
programs;
``(ii) a minimum base rate which ensures that the amount of
the grants provided under this section will provide adequate
(but not excessive) funding of the administrative costs of
the largest tribal elementary or secondary educational
programs; and
``(iii) a standard direct cost base which is the aggregate
direct cost funding level for which the percentage determined
under subsection (c) will--
``(I) be equal to the median between the maximum base rate
and the minimum base rate; and
``(II) ensure that the amount of the grants provided under
this section will provide adequate (but not excessive)
funding of the administrative costs of tribal elementary or
secondary educational programs closest to the size of the
program.
``(2) Guidelines.--The studies required under paragraph (1)
shall--
``(A) be conducted in full consultation (in accordance with
section 1131) with--
``(i) the tribes and tribal organizations that are affected
by the application of the formula set forth in subsection
(c); and
``(ii) all national and regional Indian organizations of
which such tribes and tribal organizations are typically
members;
``(B) be conducted onsite with a representative statistical
sample of the tribal elementary or secondary educational
programs under a contract entered into with a nationally
reputable public accounting and business consulting firm;
``(C) take into account the availability of skilled labor;
commodities, business and automatic data processing services,
related Indian preference and Indian control of education
requirements, and any other market factors found
substantially to affect the administrative costs and
efficiency of each such tribal elementary or secondary
educational program studied in order to assure that all
required administrative activities can reasonably be
delivered in a cost effective manner for each such program,
given an administrative cost allowance generated by the
values, percentages, or other factors found in the studies to
be relevant in such formula;
``(D) identify, and quantify in terms of percentages of
direct program costs, any general factors arising from
geographic isolation, or numbers of programs administered,
independent of program size factors used to compute a base
administrative cost percentage in such formula; and
``(E) identify any other incremental cost factors
substantially affecting the costs of required
[[Page H2475]]
administrative cost functions at any of the tribal elementary
or secondary educational programs studied and determine
whether the factors are of general applicability to other
such programs, and (if so) how the factors may effectively be
incorporated into such formula.
``(3) Consultation with inspector general.--In carrying out
the studies required under this subsection, the Director
shall obtain the input of, and afford an opportunity to
participate to, the Inspector General of the Department of
the Interior.
``(4) Consideration of delivery of administrative
services.--Determinations described in paragraph (2)(C) shall
be based on what is practicable at each location studied,
given prudent management practice, irrespective of whether
required administrative services were actually or fully
delivered at these sites, or whether other services were
delivered instead, during the period of the study.
``(5) Report.--Upon completion of the studies conducted
under paragraph (1), the Director shall submit to Congress a
report on the findings of the studies, together with
determinations based upon such studies that would affect the
definitions set forth under subsection (e) that are used in
the formula set forth in subsection (c).
``(6) Projection of costs.--The Secretary shall include in
the Bureau's justification for each appropriations request
beginning in the first fiscal year after the completion of
the studies conducted under paragraph (1), a projection of
the overall costs associated with the formula set forth in
subsection (c) for all tribal elementary or secondary
education programs which the Secretary expects to be funded
in the fiscal year for which the appropriations are sought.
``(7) Determination of program size.--For purposes of this
subsection, the size of tribal elementary or secondary
educational programs is determined by the aggregate direct
cost program funding level for all Bureau funded programs
which share common administrative cost functions.
``(j) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
such sums as necessary to carry out this section.
``(2) Reductions.--If the total amount of funds necessary
to provide grants to tribes and tribal organizations in the
amounts determined under subsection (b) for a fiscal year
exceeds the amount of funds appropriated to carry out this
section for such fiscal year, the Secretary shall reduce the
amount of each grant determined under subsection (b) for such
fiscal year by an amount that bears the same relationship to
such excess as the amount of such grants determined under
subsection (b) bears to the total of all grants determined
under subsection (b) section for all tribes and tribal
organizations for such fiscal year.
``(k) Applicability to Schools Operating Under Tribally
Controlled Schools Act of 1988.--The provisions of this
section shall also apply to those schools operating under the
Tribally Controlled Schools Act of 1988.
``SEC. 1129. DIVISION OF BUDGET ANALYSIS.
``(a) Establishment.--Not later than 12 months after the
date of the enactment of the No Child Left Behind Act of
2001, the Secretary shall establish within the Office of
Indian Education Programs a Division of Budget Analysis
(hereinafter referred to as the `Division'). Such Division
shall be under the direct supervision and control of the
Director of the Office.
``(b) Functions.--In consultation with the tribal governing
bodies and tribal school boards, the Director of the Office,
through the Division, shall conduct studies, surveys, or
other activities to gather demographic information on Bureau
funded schools and project the amount necessary to provide
Indian students in such schools the educational program set
forth in this part.
``(c) Annual Reports.--Not later than the date that the
Assistant Secretary for Indian Affairs makes the annual
budget submission, for each fiscal year after the date of the
enactment of the No Child Left Behind Act of 2001, the
Director of the Office shall submit to the appropriate
committees of Congress (including the Appropriations
committees), all Bureau funded schools, and the tribal
governing bodies of such schools, a report which shall
contain--
``(1) projections, based upon the information gathered
pursuant to subparagraph (b) and any other relevant
information, of amounts necessary to provide Indian students
in Bureau funded schools the educational program set forth in
this part;
``(2) a description of the methods and formulas used to
calculate the amounts projected pursuant to paragraph (1);
and
``(3) such other information as the Director of the Office
considers appropriate.
``(d) Use of Reports.--The Director of the Office and the
Assistant Secretary for Indian Affairs shall use the annual
report required by subsection (c) when preparing their annual
budget submissions.
``SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.
``(a) Establishment of System and Forward Funding.--
``(1) In general.--The Secretary shall establish, by
regulation adopted in accordance with section 1138, a system
for the direct funding and support of all Bureau funded
schools. Such system shall allot funds in accordance with
section 1127. All amounts appropriated for distribution under
this section may be made available under paragraph (2).
``(2) Timing for use of funds.--(A) For the purposes of
affording adequate notice of funding available pursuant to
the allotments made under section 1127, amounts appropriated
in an appropriations Act for any fiscal year shall become
available for obligation by the affected schools on July 1 of
the fiscal year in which such amounts are appropriated
without further action by the Secretary, and shall remain
available for obligation through the succeeding fiscal year.
``(B) The Secretary shall, on the basis of the amount
appropriated in accordance with this paragraph--
``(i) publish, not later than July 1 of the fiscal year for
which the funds are appropriated, allotments to each affected
school made under section 1127 of 85 percent of such
appropriation; and
``(ii) publish, not later than September 30 of such fiscal
year, the allotments to be made under section 1127 of the
remaining 15 percent of such appropriation, adjusted to
reflect the actual student attendance.
``(3) Limitation.--(A) Notwithstanding any other provision
of law or regulation, the supervisor of a Bureau funded
school may expend an aggregate of not more than $50,000 of
the amount allotted the school under section 1127 to acquire
materials, supplies, equipment, services, operation, and
maintenance for the school without competitive bidding if--
``(i) the cost for any single item purchased does not
exceed $15,000;
``(ii) the school board approves the procurement;
``(iii) the supervisor certifies that the cost is fair and
reasonable;
``(iv) the documents relating to the procurement executed
by the supervisor or other school staff cite this paragraph
as authority for the procurement; and
``(v) the transaction is documented in a journal maintained
at the school clearly identifying when the transaction
occurred, what was acquired and from whom, the price paid,
the quantities acquired, and any other information the
supervisor or school board considers relevant.
``(B) Not later than 6 months after the date of the
enactment of the No Child Left Behind Act of 2001, the
Secretary shall cause to be sent to each supervisor of a
Bureau operated program and school board chairperson, the
education line officer or officers of each agency and area,
and the Bureau Division in charge of procurement, at both the
local and national levels, notice of this paragraph.
``(C) The Director shall be responsible for determining the
application of this paragraph, including the authorization of
specific individuals to carry out this paragraph, and shall
be responsible for the provision of guidelines on the use of
this paragraph and adequate training on such guidelines.
``(4) Effect of sequestration order.--If a sequestration
order issued under the Balanced Budget and Emergency Deficit
Control Act of 1985 reduces the amount of funds available for
allotment under section 1127 for any fiscal year by more than
7 percent of the amount of funds available for allotment
under such section during the preceding fiscal year--
``(A) to fund allotments under section 1127, the Secretary,
notwithstanding any other law, may use--
``(i) funds appropriated for the operation of any Bureau
school that is closed or consolidated; and
``(ii) funds appropriated for any program that has been
curtailed at any Bureau school; and
``(B) the Secretary may waive the application of the
provisions of section 1121(h) with respect to the closure or
consolidation of a school, or the curtailment of a program at
a school, during such fiscal year if the funds described in
clauses (i) and (ii) of subparagraph (A) with respect to such
school are used to fund allotments made under section 1127
for such fiscal year.
``(b) Local Financial Plans for Expenditure of Funds.--
``(1) Plan required.--In the case of all Bureau operated
schools, allotted funds shall be expended on the basis of
local financial plans which ensure meeting the accreditation
requirements or standards for the school established pursuant
to section 1121 and which shall be prepared by the local
school supervisor in active consultation with the local
school board for each school. The local school board for each
school shall have the authority to ratify, reject, or amend
such financial plan, and expenditures thereunder, and, on its
own determination or in response to the supervisor of the
school, to revise such financial plan to meet needs not
foreseen at the time of preparation of the financial plan.
``(2) The supervisor--
``(A) shall put into effect the decisions of the school
board;
``(B) shall provide the appropriate local union
representative of the education employees with copies of
proposed draft financial plans and all amendments or
modifications thereto, at the same time such copies are
submitted to the local school board; and
``(C) may appeal any such action of the local school board
to the appropriate education line officer of the Bureau
agency by filing a written statement describing the action
and the reasons the supervisor believes such action should be
overturned. A copy of such statement shall be submitted to
the local school board and such board shall be afforded an
opportunity to respond, in writing, to such appeal. After
reviewing such written appeal and response, the appropriate
education line officer may, for good cause, overturn the
action of the local school board. The appropriate education
line officer shall transmit the determination of such appeal
in the form of a written opinion to such board and to such
supervisor identifying the reasons for overturning such
action.
``(c) Use of Self-Determination Grants Funds.--Funds for
self-determination grants under section 103(a)(2) of the
Indian Self-Determination and Education Assistance Act shall
not be used for providing technical assistance and training
in the field of education by the
[[Page H2476]]
Bureau unless such services are provided in accordance with a
plan, agreed to by the tribe or tribes affected and the
Bureau, under which control of education programs is intended
to be transferred to such tribe or tribes within a specific
period of time negotiated under such agreement. The Secretary
may approve applications for funding tribal divisions of
education and development of tribal codes of education from
funds appropriated pursuant to section 104(a) of such Act.
``(d) Technical Assistance and Training.--In the exercise
of its authority under this section, a local school board may
request technical assistance and training from the Secretary,
and the Secretary shall, to the greatest extent possible,
provide such services, and make appropriate provisions in the
budget of the Office for such services.
``(e) Summer Program of Academic and Support Services.--
``(1) In general.--A financial plan under subsection (b)
for a school may include, at the discretion of the local
administrator and the school board of such school, a
provision for a summer program of academic and support
services for students of the school. Any such program may
include activities related to the prevention of alcohol and
substance abuse. The Assistant Secretary for Indian Affairs
shall provide for the utilization of any such school facility
during any summer in which such utilization is requested.
``(2) Use of other funds.--Notwithstanding any other
provision of law, funds authorized under the Act of April 16,
1934, and this Act may be used to augment the services
provided in each summer program at the option, and under the
control, of the tribe or Indian controlled school receiving
such funds.
``(3) Technical assistance and program coordination.--The
Assistant Secretary for Indian Affairs, acting through the
Director of the Office, shall provide technical assistance
and coordination for any program described in paragraph (1)
and shall, to the extent possible, encourage the coordination
of such programs with any other summer programs that might
benefit Indian youth, regardless of the funding source or
administrative entity of any such program.
``(f) Cooperative Agreements.--
``(1) In general.--From funds allotted to a Bureau school
under section 1127, the Secretary shall, if specifically
requested by the tribal governing body (as defined in section
1141), implement any cooperative agreement entered into
between the tribe, the Bureau school board, and the local
public school district which meets the requirements of
paragraph (2) and involves the school. The tribe, the Bureau
school board, and the local public school district shall
determine the terms of the agreement. Such agreement may
encompass coordination of all or any part of the following:
``(A) Academic program and curriculum, unless the Bureau
school is currently accredited by a State or regional
accrediting entity and would not continue to be so
accredited.
``(B) Support services, including procurement and
facilities maintenance.
``(C) Transportation.
``(2) Equal benefit and burden.--Each agreement entered
into pursuant to the authority provided in paragraph (1)
shall confer a benefit upon the Bureau school commensurate
with the burden assumed, though this requirement shall not be
construed so as to require equal expenditures or an exchange
of similar services.
``(g) Product or Result of Student Projects.--
Notwithstanding any other provision of law, where there is
agreement on action between the superintendent and the school
board of a Bureau funded school, the product or result of a
project conducted in whole or in major part by a student may
be given to that student upon the completion of such project.
``(h) Not Considered Federal Funds for Matching
Requirements.--Notwithstanding any other provision of law,
funds received by a Bureau funded school under this part
shall not be considered Federal funds for the purposes of
meeting a matching funds requirement for any Federal program.
``SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION.
``(a) Facilitation of Indian Control.--It shall be the
policy of the Secretary and the Bureau, in carrying out the
functions of the Bureau, to facilitate tribal control of
Indian affairs in all matters relating to education.
``(b) Consultation With Tribes.--
``(1) In general.--All actions under this Act shall be done
with active consultation with tribes.
``(2) Requirements.--The consultation required under
paragraph (1) means a process involving the open discussion
and joint deliberation of all options with respect to
potential issues or changes between the Bureau and all
interested parties. During such discussions and joint
deliberations, interested parties (including tribes and
school officials) shall be given an opportunity to present
issues including proposals regarding changes in current
practices or programs which will be considered for future
action by the Bureau. All interested parties shall be given
an opportunity to participate and discuss the options
presented or to present alternatives, with the views and
concerns of the interested parties given effect unless the
Secretary determines, from information available from or
presented by the interested parties during one or more of the
discussions and deliberations, that there is a substantial
reason for another course of action. The Secretary shall
submit to any Member of Congress, within 18 days of the
receipt of a written request by such Member, a written
explanation of any decision made by the Secretary which is
not consistent with the views of the interested parties.
``SEC. 1132. INDIAN EDUCATION PERSONNEL.
``(a) In General.--Chapter 51, subchapter III of chapter
53, and chapter 63 of title 5, United States Code, relating
to classification, pay and leave, respectively, and the
sections of such title relating to the appointment,
promotion, hours of work, and removal of civil service
employees, shall not apply to educators or to education
positions (as defined in subsection (p)).
``(b) Regulations.--Not later than 60 days after the date
of the enactment of the No Child Left Behind Act of 2001, the
Secretary shall prescribe regulations to carry out this
section. Such regulations shall include--
``(1) the establishment of education positions;
``(2) the establishment of qualifications for educators and
education personnel;
``(3) the fixing of basic compensation for educators and
education positions;
``(4) the appointment of educators;
``(5) the discharge of educators;
``(6) the entitlement of educators to compensation;
``(7) the payment of compensation to educators;
``(8) the conditions of employment of educators;
``(9) the leave system for educators;
``(10) the annual leave and sick leave for educators; and
``(11) such matters as may be appropriate.
``(c) Qualifications of Educators.--
``(1) Requirements.--In prescribing regulations to govern
the qualifications of educators, the Secretary shall
require--
``(A)(i) that lists of qualified and interviewed applicants
for education positions be maintained in each agency and area
office of the Bureau from among individuals who have applied
at the agency or area level for an education position or who
have applied at the national level and have indicated in such
application an interest in working in certain areas or
agencies; and
``(ii) that a list of qualified and interviewed applicants
for education positions be maintained in the Office from
among individuals who have applied at the national level for
an education position and who have expressed interest in
working in an education position anywhere in the United
States;
``(B) that a local school board shall have the authority to
waive on a case-by-case basis, any formal education or degree
qualifications established by regulation pursuant to
subsection (b)(2), in order for a tribal member to be hired
in an education position to teach courses on tribal culture
and language and that subject to subsection (e)(2), a
determination by a school board that such a person be hired
shall be instituted supervisor; and
``(C) that it shall not be a prerequisite to the employment
of an individual in an education position at the local level
that such individual's name appear on the national list
maintained pursuant to subparagraph (A)(ii) or that such
individual has applied at the national level for an education
position.
``(2) Exception for certain temporary employment.--The
Secretary may authorize the temporary employment in an
education position of an individual who has not met the
certification standards established pursuant to regulations,
if the Secretary determines that failure to do so would
result in that position remaining vacant.
``(d) Hiring of Educators.--
``(1) Requirements.--In prescribing regulations to govern
the appointment of educators, the Secretary shall require--
``(A)(i) that educators employed in a Bureau operated
school (other than the supervisor of the school) shall be
hired by the supervisor of the school. In cases where there
are no qualified applicants available, such supervisor may
consult the national list maintained pursuant to subsection
(c)(1)(A)(ii);
``(ii) each school supervisor shall be hired by the
education line officer of the agency office of the Bureau in
which the school is located;
``(iii) educators employed in an agency office of the
Bureau shall be hired by the superintendent for education of
the agency office; and
``(iv) each education line officer and educators employed
in the Office of the Director of Indian Education Programs
shall be hired by the Director;
``(B) that before an individual is employed in an education
position in a school by the supervisor of a school (or with
respect to the position of supervisor, by the appropriate
agency education line officer), the local school board for
the school shall be consulted. A determination by such school
board that such individual should or should not be so
employed shall be instituted by the supervisor (or with
respect to the position of supervisor, by the agency
superintendent for education);
``(C) that before an individual may be employed in an
education position at the agency level, the appropriate
agency school board shall be consulted, and that a
determination by such school board that such individual
should or should not be employed shall be instituted by the
agency superintendent for education; and
``(D) that before an individual may be employed in an
education position in the Office of the Director (other than
the position of Director), the national school boards
representing all Bureau schools shall be consulted.
``(2) Information regarding application at national
level.--Any individual who applies at the local level for an
education position shall state on such individual's
application whether or not such individual has applied at the
national level for an education position in the Bureau. If
such individual is employed at the local level, such
individual's name shall be immediately forwarded to the
Secretary, who shall, as soon as practicable but in no event
in more than 30 days, ascertain the accuracy of the statement
made by such individual pursuant to
[[Page H2477]]
the first sentence of this paragraph. Notwithstanding
subsection (e), if the individual's statement is found to
have been false, such individual, at the Secretary's
discretion, may be disciplined or discharged. If the
individual has applied at the national level for an education
position in the Bureau, the appointment of such individual at
the local level shall be conditional for a period of 90 days,
during which period the Secretary may appoint a more
qualified individual (as determined by the Secretary) from
the list maintained at the national level pursuant to
subsection (c)(1)(A)(ii) to the position to which such
individual was appointed.
``(3) Statutory construction.--Except as expressly
provided, nothing in this section shall be construed as
conferring upon local school boards authority over, or
control of, educators at Bureau funded schools or the
authority to issue management decisions.
``(e) Discharge and Conditions of Employment of
Educators.--
``(1) Regulations.--In prescribing regulations to govern
the discharge and conditions of employment of educators, the
Secretary shall require--
``(A) that procedures be established for the rapid and
equitable resolution of grievances of educators;
``(B) that no educator may be discharged without notice of
the reasons therefore and opportunity for a hearing under
procedures that comport with the requirements of due process;
and
``(C) that educators employed in Bureau schools be notified
30 days prior to the end of the school year whether their
employment contract will be renewed for the following year.
``(2) Procedures for discharge.--The supervisor of a Bureau
school may discharge (subject to procedures established under
paragraph (1)(B)) for cause (as determined under regulations
prescribed by the Secretary) any educator employed in such
school. Upon giving notice of proposed discharge to an
educator, the supervisor involved shall immediately notify
the local school board for the school of such action. A
determination by the local school board that such educator
shall not be discharged shall be followed by the supervisor.
The supervisor shall have the right to appeal such action to
the education line officer of the appropriate agency office
of the Bureau. Upon such an appeal, the agency education line
officer may, for good cause and in writing to the local
school board, overturn the determination of the local school
board with respect to the employment of such individual.
``(3) Recommendations of school boards for discharge.--Each
local school board for a Bureau school shall have the right--
``(A) to recommend to the supervisor of such school that an
educator employed in the school be discharged; and
``(B) to recommend to the education line officer of the
appropriate agency office of the Bureau and to the Director
of the Office, that the supervisor of the school be
discharged.
``(f) Applicability of Indian Preference Laws.--
``(1) In general.--Notwithstanding any provision of the
Indian preference laws, such laws shall not apply in the case
of any personnel action under this section respecting an
applicant or employee not entitled to Indian preference if
each tribal organization concerned grants a written waiver of
the application of such laws with respect to such personnel
action and states that such waiver is necessary. This
paragraph shall not relieve the Bureau's responsibility to
issue timely and adequate announcements and advertisements
concerning any such personnel action if such action is
intended to fill a vacancy (no matter how such vacancy is
created).
``(2) Tribal organization defined.--For purposes of this
subsection, the term `tribal organization' means--
``(A) the recognized governing body of any Indian tribe,
band, nation, pueblo, or other organized community, including
a Native village (as defined in section 3(c) of the Alaska
Native Claims Settlement Act); or
``(B) in connection with any personnel action referred to
in this subsection, any local school board as defined in
section 1141 which has been delegated by such governing body
the authority to grant a waiver under this subsection with
respect to personnel action.
``(3) Indian preference law defined.--The term `Indian
preference laws' means section 12 of the Act of June 18,
1934, or any other provision of law granting a preference to
Indians in promotions and other personnel actions. Such term
shall not include section 7(b) of the Indian Self-
Determination and Education Assistance Act.
``(g) Compensation or Annual Salary.--
``(1) In general.--(A) Except as otherwise provided in this
section, the Secretary shall fix the basic compensation for
educators and education positions at rates in effect under
the General Schedule for individuals with comparable
qualifications, and holding comparable positions, to whom
chapter 51 of title 5, United States Code, is applicable or
on the basis of the Federal Wage System schedule in effect
for the locality, and for the comparable positions, the rates
of compensation in effect for the senior executive service.
``(B) The Secretary shall establish the rate of basic
compensation, or annual salary rates, for the positions of
teachers and counselors (including dormitory counselors and
home-living counselors) at the rates of basic compensation
applicable (on the date of the enactment of the No Child Left
Behind Act of 2001 and thereafter) to comparable positions in
the overseas schools under the Defense Department Overseas
Teachers Pay Act. The Secretary shall allow the local school
boards authority to implement only the aspects of the Defense
Department Overseas Teacher pay provisions that are
considered essential for recruitment and retention.
Implementation of such provisions shall not be construed to
require the implementation of the Act in its entirety.
``(C)(i) Beginning with the fiscal year following the date
of the enactment of the No Child Left Behind Act of 2001,
each school board may set the rate of compensation or annual
salary rate for teachers and counselors (including academic
counselors) who are new hires at the school and who have not
worked at the school on the date of implementation of this
provision, at rates consistent with the rates paid for
individuals in the same positions, with the same tenure and
training, in any other school within whose boundaries the
Bureau school lies. In instances where the adoption of such
rates cause a reduction in the payment of compensation from
that which was in effect for the fiscal year following the
date of the enactment of the No Child Left Behind Act of
2001, the new rate may be applied to the compensation of
employees of the school who worked at the school on of the
date of the enactment of that Act by applying those rates to
each contract renewal such that the reduction takes effect in
three equal installments. Where adoption of such rates lead
to an increase in the payment of compensation from that which
was in effect for the fiscal year following the date of the
enactment of the No Child Left Behind Act of 2001, the school
board may make such rates applicable at the next contract
renewal such that either--
``(I) the increase occurs in its entirety; or
``(II) the increase is applied in three equal installments.
``(ii) The establishment of rates of basic compensation and
annual salary rates under subparagraphs (B) and (C) shall not
preclude the use of regulations and procedures used by the
Bureau prior to April 28, 1988, in making determinations
regarding promotions and advancements through levels of pay
that are based on the merit, education, experience, or tenure
of the educator.
``(D) The establishment of rates of basic compensation and
annual salary rates under subparagraphs (B) and (C) shall not
affect the continued employment or compensation of an
educator who was employed in an education position on October
31, 1979, and who did not make an election under subsection
(p) is in effect on January 1, 1990.
``(2) Post-differential rates.--(A) The Secretary may pay a
post-differential rate not to exceed 25 percent of the rate
of basic compensation, on the basis of conditions of
environment or work which warrant additional pay as a
recruitment and retention incentive.
``(B)(i) Upon the request of the supervisor and the local
school board of a Bureau school, the Secretary shall grant
the supervisor of the school authorization to provide one or
more post-differentials under subparagraph (A) unless the
Secretary determines for clear and convincing reasons (and
advises the board in writing of those reasons) that certain
of the requested post-differentials should be disapproved or
decreased because there is no disparity of compensation for
the involved employees or positions in the Bureau school, as
compared with the nearest public school, that is either--
``(I) at least 5 percent; or
``(II) less than 5 percent and affects the recruitment or
retention of employees at the school.
``(ii) A request under clause (i) shall be deemed granted
at the end of the 60th day after the request is received in
the Central Office of the Bureau unless before that time the
request is approved, approved with modification, or
disapproved by the Secretary.
``(iii) The Secretary or the supervisor of a Bureau school
may discontinue or decrease a post-differential authorized
under this subparagraph at the beginning of a school year
if--
``(I) the local school board requests that such
differential be discontinued or decreased; or
``(II) the Secretary or the supervisor determines for clear
and convincing reasons (and advises the board in writing of
those reasons) that there is no disparity of compensation
that would affect the recruitment or retention of employees
at the school after the differential is discontinued or
decreased.
``(iv) On or before February 1 of each year, the Secretary
shall submit to Congress a report describing the requests and
grants of authority under this subparagraph during the
previous year and listing the positions contracted under
those grants of authority.
``(h) Liquidation of Remaining Leave Upon Termination.--
Upon termination of employment with the Bureau, any annual
leave remaining to the credit of an individual within the
purview of this section shall be liquidated in accordance
with sections 5551(a) and 6306 of title 5, United States
Code, except that leave earned or accrued under regulations
prescribed pursuant to subsection (b)(10) of this section
shall not be so liquidated.
``(i) Transfer of Remaining Sick Leave Upon Transfer,
Promotion, or Reemployment.--In the case of any educator who
is transferred, promoted, or reappointed, without break in
service, to a position in the Federal Government under a
different leave system, any remaining leave to the credit of
such person earned or credited under the regulations
prescribed pursuant to subsection (b)(10) shall be
transferred to such person's credit in the employing agency
on an adjusted basis in accordance with regulations which
shall be prescribed by the Office of Personnel Management.
``(j) Ineligibility for Employment of Voluntarily
Terminated Educators.--An educator who voluntarily terminates
employment with the Bureau before the expiration of the
existing employment contract between such educator and the
Bureau shall not be eligible to be employed in another
education position in the Bureau during the remainder of the
term of such contract.
[[Page H2478]]
``(k) Dual Compensation.--In the case of any educator
employed in an education position described in subsection
(l)(1)(A) who--
``(1) is employed at the close of a school year;
``(2) agrees in writing to serve in such position for the
next school year; and
``(3) is employed in another position during the recess
period immediately preceding such next school year, or during
such recess period receives additional compensation referred
to in section 5533 of title 5, United States Code, relating
to dual compensation,
shall not apply to such educator by reason of any such
employment during a recess period for any receipt of
additional compensation.
``(l) Voluntary Services.--Notwithstanding section 1342 of
title 31, United States Code, the Secretary may, subject to
the approval of the local school board concerned, accept
voluntary services on behalf of Bureau schools. Nothing in
this part shall be construed to require Federal employees to
work without compensation or to allow the use of volunteer
services to displace or replace Federal employees. An
individual providing volunteer services under this section is
a Federal employee only for purposes of chapter 81 of title
5, United States Code, and chapter 171 of title 28, United
States Code.
``(m) Proration of Pay.--
``(1) Election of employee.--Notwithstanding any other
provision of law, including laws relating to dual
compensation, the Secretary, at the election of the employee,
shall prorate the salary of an employee employed in an
education position for the academic school year over the
entire 12-month period. Each educator employed for the
academic school year shall annually elect to be paid on a 12-
month basis or for those months while school is in session.
No educator shall suffer a loss of pay or benefits, including
benefits under unemployment or other Federal or federally
assisted programs, because of such election.
``(2) Change of election.--During the course of such year
the employee may change election once.
``(3) Lump sum payment.--That portion of the employee's pay
which would be paid between academic school years may be paid
in a lump sum at the election of the employee.
``(4) Definitions.--For purposes of this subsection, the
terms `educator' and `education position' have the meanings
contained in paragraphs (1) and (2) of subsection (o). This
subsection applies to those individuals employed under the
provisions of section 1132 of this title or title 5, United
States Code.
``(n) Extracurricular Activities.--
``(1) Stipend.--Notwithstanding any other provision of law,
the Secretary may provide, for each Bureau area, a stipend in
lieu of overtime premium pay or compensatory time off. Any
employee of the Bureau who performs additional activities to
provide services to students or otherwise support the
school's academic and social programs may elect to be
compensated for all such work on the basis of the stipend.
Such stipend shall be paid as a supplement to the employee's
base pay.
``(2) Election not to receive stipend.--If an employee
elects not to be compensated through the stipend established
by this subsection, the appropriate provisions of title 5,
United States Code, shall apply.
``(3) Applicability of subsection.--This subsection applies
to all Bureau employees, whether employed under section 1132
of this title or title 5, United States Code.
``(o) Definitions.--For the purpose of this section--
``(1) Education position.--The term `education position'
means a position in the Bureau the duties and
responsibilities of which--
``(A) are performed on a school-year basis principally in a
Bureau school and involve--
``(i) classroom or other instruction or the supervision or
direction of classroom or other instruction;
``(ii) any activity (other than teaching) which requires
academic credits in educational theory and practice equal to
the academic credits in educational theory and practice
required for a bachelor's degree in education from an
accredited institution of higher education;
``(iii) any activity in or related to the field of
education notwithstanding that academic credits in
educational theory and practice are not a formal requirement
for the conduct of such activity; or
``(iv) support services at, or associated with, the site of
the school; or
``(B) are performed at the agency level of the Bureau and
involve the implementation of education-related programs
other than the position for agency superintendent for
education.
``(2) Educator.--The term `educator' means an individual
whose services are required, or who is employed, in an
education position.
``(p) Covered Individuals; Election.--This section shall
apply with respect to any educator hired after November 1,
1979 (and to any educator who elected for coverage under that
provision after November 1, 1979) and to the position in
which such individual is employed. The enactment of this
section shall not affect the continued employment of an
individual employed on October 31, 1979 in an education
position, or such person's right to receive the compensation
attached to such position.
``SEC. 1133. COMPUTERIZED MANAGEMENT INFORMATION SYSTEM.
``(a) Establishment of System.--Not later than July 1,
2003, the Secretary shall establish within the Office, a
computerized management information system, which shall
provide processing and information to the Office. The
information provided shall include information regarding--
``(1) student enrollment;
``(2) curriculum;
``(3) staffing;
``(4) facilities;
``(5) community demographics;
``(6) student assessment information;
``(7) information on the administrative and program costs
attributable to each Bureau program, divided into discreet
elements;
``(8) relevant reports;
``(9) personnel records;
``(10) finance and payroll; and
``(11) such other items as the Secretary deems appropriate.
``(b) Implementation of System.--Not later than July 1,
2004, the Secretary shall complete implementation of such a
system at each field office and Bureau funded school.
``SEC. 1134. UNIFORM EDUCATION PROCEDURES AND PRACTICES.
``The Secretary shall cause the various divisions of the
Bureau to formulate uniform procedures and practices with
respect to such concerns of those divisions as relate to
education, and shall report such practices and procedures to
the Congress.
``SEC. 1135. RECRUITMENT OF INDIAN EDUCATORS.
``The Secretary shall institute a policy for the
recruitment of qualified Indian educators and a detailed plan
to promote employees from within the Bureau. Such plan shall
include opportunities for acquiring work experience prior to
actual work assignment.
``SEC. 1136. BIENNIAL REPORT; AUDITS.
``(a) Biennial Reports.--The Secretary shall submit to each
appropriate committee of Congress, all Bureau funded schools,
and the tribal governing bodies of such schools, a detailed
biennial report on the state of education within the Bureau
and any problems encountered in Indian education during the
2-year period covered by the report. Such report shall
contain suggestions for the improvement of the Bureau
educational system and for increasing tribal or local Indian
control of such system. Such report shall also include the
current status of tribally controlled community colleges. The
annual budget submission for the Bureau's education programs
shall include--
``(1) information on the funds provided to previously
private schools under section 208 of the Indian Self-
Determination and Education Assistance Act, and
recommendations with respect to the future use of such funds;
``(2) the needs and costs of operations and maintenance of
tribally controlled community colleges eligible for
assistance under the Tribally Controlled Community College
Assistance Act of 1978 and recommendations with respect to
meeting such needs and costs; and
``(3) the plans required by sections 1121 (g), 1122(c), and
1125(b).
``(b) Financial and Compliance Audits.--The Inspector
General of the Department of the Interior shall establish a
system to ensure that financial and compliance audits are
conducted of each Bureau operated school at least once in
every 3 years. Audits of Bureau schools shall be based upon
the extent to which such school has complied with its local
financial plan under section 1130.
``SEC. 1137. RIGHTS OF INDIAN STUDENTS.
``The Secretary shall prescribe such rules and regulations
as are necessary to ensure the constitutional and civil
rights of Indian students attending Bureau funded schools,
including such students' right to privacy under the laws of
the United States, such students' right to freedom of
religion and expression, and such students' right to due
process in connection with disciplinary actions, suspensions,
and expulsions.
``SEC. 1138. REGULATIONS.
``(a) In General.--The Secretary is authorized to issue
only such regulations as are necessary to ensure compliance
with the specific provision of this Act. The Secretary shall
publish proposed regulations in the Federal Register, shall
provide a period of not less than 90 days for public comment
thereon, and shall place in parentheses after each regulatory
section the citation to any statutory provision providing
authority to promulgate such regulatory provision.
``(b) Miscellaneous.--
``(1) Construction.--The provisions of this Act shall
supersede any conflicting provisions of law (including any
conflicting regulations) in effect on the day before the date
of the enactment of this Act and the Secretary is authorized
to repeal any regulation inconsistent with the provisions of
this Act.
``(2) Legal authority to be stated.--Regulations issued to
implement this Act shall contain, immediately following each
substantive provision of such regulations, citations to the
particular section or sections of statutory law or other
legal authority upon which provision is based.
``SEC. 1138A. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING.
``(a) Meetings.--
``(1) In general.--The Secretary shall obtain tribal
involvement in the development of proposed regulations under
this part and the Tribally Controlled Schools Act of 1988.
The Secretary shall obtain the advice of and recommendations
from representatives of Indian tribes with Bureau funded
schools on their reservations, Indian tribes whose children
attend Bureau funded off-reservation boarding schools, school
boards, administrators or employees of Bureau funded schools,
and parents and teachers of students enrolled in Bureau
funded schools.
``(2) Issues.--The Secretary shall provide for a
comprehensive discussion and exchange of information
concerning the implementation of this part and the Tribally
Controlled Schools Act of 1988 through such mechanisms as
regional meetings and electronic exchanges of information.
The Secretary shall take into account the information
received through such mechanisms in the
[[Page H2479]]
development of proposed regulations and shall publish a
summary of such information in the Federal Register together
with such proposed regulations.
``(b) Draft Regulations.--
``(1) In general.--After obtaining the advice and
recommendations described in subsection (a)(1) and before
publishing proposed regulations in the Federal Register, the
Secretary shall prepare draft regulations implementing this
part and the Tribally Controlled Schools Act of 1988 and
shall submit such regulations to a negotiated rulemaking
process. Participants in the negotiations process shall be
chosen by the Secretary from individuals nominated by the
entities described in subsection (a)(1). To the maximum
extent possible, the Secretary shall ensure that the tribal
representative membership chosen pursuant to the preceding
sentence reflects the proportionate share of students from
tribes served by the Bureau funded school system. The
negotiation process shall be conducted in a timely manner in
order that the final regulations may issued by the Secretary
no later than 18 months after the enactment of this section.
``(2) Notification to congress.--If draft regulations
implementing this part and the Tribally Controlled Schools
Act of 1988 are not issued in final form by the deadline
provided in paragraph (1), the Secretary shall notify the
appropriate committees of Congress of which draft regulations
were not issued in final form by the deadline and the reason
such final regulations were not issued.
``(3) Expansion of negotiated rulemaking.--All regulations
pertaining to this part and the Tribally Controlled Schools
Act of 1988 that are promulgated after the date of the
enactment of this subsection shall be subject to a negotiated
rulemaking (including the selection of the regulations to be
negotiated), unless the Secretary determines that applying
such a requirement with respect to given regulations is
impracticable, unnecessary, or contrary to the public
interest (within the meaning of section 553(b)(3)(B) of title
5), and publishes the basis for such determination in the
Federal Register at the same time as the proposed regulations
in question are first published. All published proposed
regulations shall conform to agreements resulting from such
negotiated rulemaking unless the Secretary reopens the
negotiated rulemaking process or provides a written
explanation to the participants in that process why the
Secretary has decided to depart from such agreements. Such
negotiated rulemaking shall be conducted in accordance with
the provisions of subsection (a), and the Secretary shall
ensure that a clear and reliable record of agreements reached
during the negotiation process is maintained.
``(c) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act shall apply to activities
carried out under this section.
``SEC. 1139. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
``(a) In General.--The Secretary shall provide grants to
tribes, tribal organizations, and consortia of tribes and
tribal organizations to fund early childhood development
programs that are operated by such tribes, organizations, or
consortia.
``(b) Amount of Grants.--
``(1) In general.--The total amount of the grants provided
under subsection (a) with respect to each tribe, tribal
organization, or consortium of tribes or tribal organizations
for each fiscal year shall be equal to the amount which bears
the same relationship to the total amount appropriated under
the authority of subsection (g) for such fiscal year (less
amounts provided under subsection (f)) as--
``(A) the total number of children under 6 years of age who
are members of--
``(i) such tribe;
``(ii) the tribe that authorized such tribal organization;
or
``(iii) any tribe that--
``(I) is a member of such consortium; or
``(II) authorizes any tribal organization that is a member
of such consortium; bears to
``(B) the total number of all children under 6 years of age
who are members of any tribe that--
``(i) is eligible to receive funds under subsection (a);
``(ii) is a member of a consortium that is eligible to
receive such funds; or
``(iii) authorizes a tribal organization that is eligible
to receive such funds.
``(2) Limitation.--No grant may be provided under
subsection (a)--
``(A) to any tribe that has less than 500 members;
``(B) to any tribal organization which is authorized--
``(i) by only one tribe that has less than 500 members; or
``(ii) by one or more tribes that have a combined total
membership of less than 500 members; or
``(C) to any consortium composed of tribes, or tribal
organizations authorized by tribes, that have a combined
total tribal membership of less than 500 members.
``(c) Application.
``(1) In general.--A grant may be provided under subsection
(a) to a tribe, tribal organization, or consortia of tribes
and tribal organizations only if the tribe, organization, or
consortia submits to the Secretary an application for the
grant at such time and in such form as the Secretary shall
prescribe.
``(2) Contents.--Applications submitted under paragraph (1)
shall set forth the early childhood development program that
the applicant desires to operate.
``(d) Requirement of Programs Funded.--The early childhood
development programs that are funded by grants provided under
subsection (a)--
``(1) shall coordinate existing programs and may provide
services that meet identified needs of parents and children
under 6 years of age which are not being met by existing
programs, including--
``(A) prenatal care;
``(B) nutrition education;
``(C) health education and screening;
``(D) family literacy services;
``(E) educational testing; and
``(F) other educational services;
``(2) may include instruction in the language, art, and
culture of the tribe; and
``(3) shall provide for periodic assessment of the program.
``(e) Coordination of Family Literacy Programs.--Family
literacy programs operated under this section and other
family literacy programs operated by the Bureau of Indian
Affairs shall be coordinated with family literacy programs
for Indian children under part B of title I of the Elementary
and Secondary Education Act of 1965 in order to avoid
duplication and to encourage the dissemination of information
on quality family literacy programs serving Indians.
``(f) Administrative Costs.--The Secretary shall, out of
funds appropriated under subsection (g), include in the
grants provided under subsection (a) amounts for
administrative costs incurred by the tribe, tribal
organization, or consortium of tribes in establishing and
maintaining the early childhood development program.
``(g) Authorization of Appropriations.--For the purpose of
carrying out the provisions of this section, there are
authorized to be appropriated $10,000,000 for fiscal year
2002 and such sums as may be necessary for each of the fiscal
years 2003, 2004, 2005, and 2006.
``SEC. 1140. TRIBAL DEPARTMENTS OR DIVISIONS OF EDUCATION.
``(a) In General.--Subject to the availability of
appropriations, the Secretary shall provide grants and
technical assistance to tribes for the development and
operation of tribal departments of education for the purpose
of planning and coordinating all educational programs of the
tribe.
``(b) Grants.--Grants provided under this section shall--
``(1) be based on applications from the governing body of
the tribe;
``(2) reflect factors such as geographic and population
diversity;
``(3) facilitate tribal control in all matters relating to
the education of Indian children on Indian reservations (and
on former Indian reservations in Oklahoma);
``(4) provide for the development of coordinated
educational programs on Indian reservations (and on former
Indian reservations in Oklahoma) (including all preschool,
elementary, secondary, and higher or vocational educational
programs funded by tribal, Federal, or other sources) by
encouraging tribal administrative support of all Bureau
funded educational programs as well as encouraging tribal
cooperation and coordination with all educational programs
receiving financial support from State agencies, other
Federal agencies, or private entities;
``(5) provide for the development and enforcement of tribal
educational codes, including tribal educational policies and
tribal standards applicable to curriculum, personnel,
students, facilities, and support programs; and
``(6) otherwise comply with regulations for grants under
section 103(a) of the Indian Self-Determination and
Educational Assistance Act that are in effect on the date
that application for such grants are made.
``(c) Priorities.--
``(1) In general.--In making grants under this section, the
Secretary shall give priority to any application that--
``(A) includes assurances from the majority of Bureau
funded schools located within the boundaries of the
reservation of the applicant that the tribal department of
education to be funded under this section will provide
coordinating services and technical assistance to all of such
schools, including the submission to each applicable agency
of a unified application for funding for all of such schools
which provides that--
``(i) no administrative costs other than those attributable
to the individual programs of such schools will be associated
with the unified application; and
``(ii) the distribution of all funds received under the
unified application will be equal to the amount of funds
provided by the applicable agency to which each of such
schools is entitled under law;
``(B) includes assurances from the tribal governing body
that the tribal department of education funded under this
section will administer all contracts or grants (except those
covered by the other provisions of this title and the
Tribally Controlled Community College Assistance Act of 1978)
for education programs administered by the tribe and will
coordinate all of the programs to the greatest extent
possible;
``(C) includes assurances for the monitoring and auditing
by or through the tribal department of education of all
education programs for which funds are provided by contract
or grant to ensure that the programs meet the requirements of
law; and
``(D) provides a plan and schedule for--
``(i) the assumption over the term of the grant by the
tribal department of education of all assets and functions of
the Bureau agency office associated with the tribe, insofar
as those responsibilities relate to education; and
``(ii) the termination by the Bureau of such operations and
office at the time of such assumption,
except that when mutually agreeable between the tribal
governing body and the Assistant Secretary, the period in
which such assumption is
[[Page H2480]]
to occur may be modified, reduced, or extended after the
initial year of the grant.
``(2) Time period of grant.--Subject to the availability of
appropriated funds, grants provided under this section shall
be provided for a period of 3 years and the grant may, if
performance by the grantee is satisfactory to the Secretary,
be renewed for additional 3-year terms.
``(d) Terms, Conditions, or Requirements.--The Secretary
shall not impose any terms, conditions, or requirements on
the provision of grants under this section that are not
specified in this section.
``(e) Authorization of Appropriations.--For the purpose of
carrying out the provisions of this section, there are
authorized to be appropriated $2,000,000 for fiscal year 2002
and such sums as may be necessary for each of the fiscal
years 2003, 2004, 2005, and 2006.
``SEC. 1141. DEFINITIONS.
``For the purposes of this part, unless otherwise
specified:
``(1) Agency school board.--The term `agency school board'
means a body, the members of which are appointed by all of
the school boards of the schools located within an agency,
including schools operated under contract or grant, and the
number of such members shall be determined by the Secretary
in consultation with the affected tribes, except that, in
agencies serving a single school, the school board of such
school shall fulfill these duties, and in agencies having
schools or a school operated under contract or grant, one
such member at least shall be from such a school.
``(2) Bureau.--The term `Bureau' means the Bureau of Indian
Affairs of the Department of the Interior.
``(3) Bureau funded school.--The term `Bureau funded
school' means--
``(A) a Bureau school;
``(B) a contract or grant school; or
``(C) a school for which assistance is provided under the
Tribally Controlled Schools Act of 1988.
``(4) Bureau school.--The term `Bureau school' means a
Bureau operated elementary or secondary day or boarding
school or a Bureau operated dormitory for students attending
a school other than a Bureau school.
``(5) Contract or grant school.--The term `contract or
grant school' means an elementary or secondary school or
dormitory which receives financial assistance for its
operation under a contract, grant or agreement with the
Bureau under section 102, 103(a), or 208 of the Indian Self-
Determination and Education Assistance Act, or under the
Tribally Controlled Schools Act of 1988.
``(6) Education line officer.--The term `education line
officer' means education personnel under the supervision of
the Director, whether located in the central, area, or agency
offices.
``(7) Family literacy services.--The term `family literacy
services' has the meaning given that term in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
``(8) Financial plan.--The term `financial plan' means a
plan of services provided by each Bureau school.
``(9) Indian organization.--the term `Indian organization'
means any group, association, partnership, corporation, or
other legal entity owned or controlled by a federally
recognized Indian tribe or tribes, or a majority of whose
members are members of federally recognized tribes.
``(10) Local educational agency.--The term `local
educational agency' means a board of education or other
legally constituted local school authority having
administrative control and direction of free public education
in a county, township, independent, or other school district
located within a State, and includes any State agency which
directly operates and maintains facilities for providing free
public education.
``(11) Local school board.--The term `local school board',
when used with respect to a Bureau school, means a body
chosen in accordance with the laws of the tribe to be served
or, in the absence of such laws, elected by the parents of
the Indian children attending the school, except that in
schools serving a substantial number of students from
different tribes, the members shall be appointed by the
governing bodies of the tribes affected, and the number of
such members shall be determined by the Secretary in
consultation with the affected tribes.
``(12) Office.--The term `Office' means the Office of
Indian Education Programs within the Bureau.
``(13) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(14) Supervisor.--The term `supervisor' means the
individual in the position of ultimate authority at a Bureau
school.
``(15) Tribal governing body.--The term `tribal governing
body' means, with respect to any school, the tribal governing
body, or tribal governing bodies, that represent at least 90
percent of the students served by such school.
``(16) Tribe.--The term `tribe' means any Indian tribe,
band, nation, or other organized group or community,
including any Alaska Native village or regional or village
corporation as defined in or established pursuant to the
Alaska Native Claims Settlement Act, which is recognized as
eligible for the special programs and services provided by
the United States to Indians because of their status as
Indians.''.
SEC. 314. TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.
Sections 5202 through 5212 of the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.) are amended to
read as follows:
``SEC. 5202. FINDINGS.
``Congress, after careful review of the Federal
Government's historical and special legal relationship with,
and resulting responsibilities to, Indians, finds that--
``(1) the Indian Self-Determination and Education
Assistance Act, which was a product of the legitimate
aspirations and a recognition of the inherent authority of
Indian nations, was and is a crucial positive step towards
tribal and community control;
``(2) the Bureau of Indian Affairs' administration and
domination of the contracting process under such Act has not
provided the full opportunity to develop leadership skills
crucial to the realization of self-government and has denied
Indians an effective voice in the planning and implementation
of programs for the benefit of Indians which are responsive
to the true needs of Indian communities;
``(3) Indians will never surrender their desire to control
their relationships both among themselves and with non-Indian
governments, organizations, and persons;
``(4) true self-determination in any society of people is
dependent upon an educational process which will ensure the
development of qualified people to fulfill meaningful
leadership roles;
``(5) the Federal administration of education for Indian
children has not effected the desired level of educational
achievement or created the diverse opportunities and personal
satisfaction that education can and should provide;
``(6) true local control requires the least possible
Federal interference; and
``(7) the time has come to enhance the concepts made
manifest in the Indian Self-Determination and Education
Assistance Act.
``SEC. 5203. DECLARATION OF POLICY.
``(a) Recognition.--Congress recognizes the obligation of
the United States to respond to the strong expression of the
Indian people for self-determination by assuring maximum
Indian participation in the direction of educational services
so as to render such services more responsive to the needs
and desires of those communities.
``(b) Commitment.--Congress declares its commitment to the
maintenance of the Federal Government's unique and continuing
trust relationship with and responsibility to the Indian
people through the establishment of a meaningful Indian self-
determination policy for education which will deter further
perpetuation of Federal bureaucratic domination of programs.
``(c) National Goal.--Congress declares that a major
national goal of the United States is to provide the
resources, processes, and structure which will enable tribes
and local communities to effect the quantity and quality of
educational services and opportunities which will permit
Indian children to compete and excel in the life areas of
their choice and to achieve the measure of self-determination
essential to their social and economic well-being.
``(d) Educational Needs.--Congress affirms the reality of
the special and unique educational needs of Indian peoples,
including the need for programs to meet the linguistic and
cultural aspirations of Indian tribes and communities. These
may best be met through a grant process.
``(e) Federal Relations.--Congress declares its commitment
to these policies and its support, to the full extent of its
responsibility, for Federal relations with the Indian
Nations.
``(f) Termination.--Congress hereby repudiates and rejects
House Resolution 108 of the 83d Congress and any policy of
unilateral termination of Federal relations with any Indian
Nation.
``SEC. 5204. GRANTS AUTHORIZED.
``(a) In General.--
``(1) Eligibility.--The Secretary shall provide grants to
Indian tribes, and tribal organizations that--
``(A) operate contract schools under title XI of the
Education Amendments of 1978 and notify the Secretary of
their election to operate the schools with assistance under
this part rather than continuing as contract school;
``(B) operate other tribally controlled schools eligible
for assistance under this part and submit applications (which
are approved by their tribal governing bodies) to the
Secretary for such grants; or
``(C) elect to assume operation of Bureau funded schools
with the assistance under this part and submit applications
(which are approved by their tribal governing bodies) to the
Secretary for such grants.
``(2) Deposit of funds.--Grants provided under this part
shall be deposited into the general operating fund of the
tribally controlled school with respect to which the grant is
made.
``(3) Use of funds.--(A) Except as otherwise provided in
this paragraph, grants provided under this part shall be used
to defray, at the discretion of the school board of the
tribally controlled school with respect to which the grant is
provided, any expenditures for education related activities
for which any funds that compose the grant may be used under
the laws described in section 5205(a), including, but not
limited to, expenditures for--
``(i) school operations, academic, educational,
residential, guidance and counseling, and administrative
purposes; and
``(ii) support services for the school, including
transportation.
``(B) Grants provided under this part may, at the
discretion of the school board of the tribally controlled
school with respect to which such grant is provided, be used
to defray operations and maintenance expenditures for the
school if any funds for the operation and maintenance of the
school are allocated to the school under the provisions of
any of the laws described in section 5205(a).
``(b) Limitations.--
``(1) One grant per tribe or organization per fiscal
year.--Not more than one grant may be provided under this
part with respect to any Indian tribe or tribal organization
for any fiscal year.
[[Page H2481]]
``(2) Nonsectarian use.--Funds provided under any grant
made under this part may not be used in connection with
religious worship or sectarian instruction.
``(3) Administrative costs limitation.--Funds provided
under any grant under this part may not be expended for
administrative costs (as defined in section 1128(h)(1) of the
Education Amendments of 1978) in excess of the amount
generated for such costs under section 1128 of such Act.
``(c) Limitation on Transfer of Funds Among Schoolsites.--
``(1) In general.--In the case of a grantee that operates
schools at more than one schoolsite, the grantee may expend
not more than the lesser of--
``(A) 10 percent of the funds allocated for such schoolsite
under section 1128 of the Education Amendments of 1978; or
``(B) $400,000 of such funds, at any other schoolsite.
``(2) Definition of schoolsite.--For purposes of this
subsection, the term `schoolsite' means the physical location
and the facilities of an elementary or secondary educational
or residential program operated by, or under contract or
grant with, the Bureau for which a discreet student count is
identified under the funding formula established under
section 1127 of the Education Amendments of 1978.
``(d) No Requirement To Accept Grants.--Nothing in this
part may be construed--
``(1) to require a tribe or tribal organization to apply
for or accept; or
``(2) to allow any person to coerce any tribe or tribal
organization to apply for, or accept,
a grant under this part to plan, conduct, and administer all
of, or any portion of, any Bureau program. Such applications
and the timing of such applications shall be strictly
voluntary. Nothing in this part may be construed as allowing
or requiring any grant with any entity other than the entity
to which the grant is provided.
``(e) No Effect on Federal Responsibility.--Grants provided
under this part shall not terminate, modify, suspend, or
reduce the responsibility of the Federal Government to
provide a program.
``(f) Retrocession.--
``(1) In general.--Whenever a tribal governing body
requests retrocession of any program for which assistance is
provided under this part, such retrocession shall become
effective upon a date specified by the Secretary that is not
later than 120 days after the date on which the tribal
governing body requests the retrocession. A later date as may
be specified if mutually agreed upon by the Secretary and the
tribal governing body. If such a program is retroceded, the
Secretary shall provide to any Indian tribe served by such
program at least the same quantity and quality of services
that would have been provided under such program at the level
of funding provided under this part prior to the
retrocession.
``(2) Status after retrocession.--The tribe requesting
retrocession shall specify whether the retrocession is to
status as a Bureau operated school or as a school operated
under contract under title XI of the Education Amendments of
1978.
``(3) Transfer of equipment and materials.--Except as
otherwise determined by the Secretary, the tribe or tribal
organization operating the program to be retroceded must
transfer to the Secretary (or to the tribe or tribal
organization which will operate the program as a contract
school) the existing equipment and materials which were
acquired--
``(A) with assistance under this part; or
``(B) upon assumption of operation of the program under
this part if the school was a Bureau funded school under
title XI of the Education Amendments of 1978 before receiving
assistance under this part.
``(g) Prohibition of Termination for Administrative
Convenience.--Grants provided under this part may not be
terminated, modified, suspended, or reduced solely for the
convenience of the administering agency.
``SEC. 5205. COMPOSITION OF GRANTS.
``(a) In General.--The grant provided under this part to an
Indian tribe or tribal organization for any fiscal year shall
consist of--
``(1) the total amount of funds allocated for such fiscal
year under sections 1127 and 1128 of the Education Amendments
of 1978 with respect to the tribally controlled schools
eligible for assistance under this part which are operated by
such Indian tribe or tribal organization, including, but not
limited to, funds provided under such sections, or under any
other provision of law, for transportation costs;
``(2) to the extent requested by such Indian tribe or
tribal organization, the total amount of funds provided from
operations and maintenance accounts and, notwithstanding
section 105 of the Indian Self-Determination Act, or any
other provision of law, other facilities accounts for such
schools for such fiscal year (including but not limited to
those referenced under section 1126(d) of the Education
Amendments of 1978 or any other law); and
``(3) the total amount of funds that are allocated to such
schools for such fiscal year under--
``(A) title I of the Elementary and Secondary Education Act
of 1965;
``(B) the Individuals with Disabilities Education Act; and
``(C) any other Federal education law, that are allocated
to such schools for such fiscal year.
``(b) Special Rules.--
``(1) In general.--(A) Funds allocated to a tribally
controlled school by reason of paragraph (1) or (2) of
subsection (a) shall be subject to the provisions of this
part and shall not be subject to any additional restriction,
priority, or limitation that is imposed by the Bureau with
respect to funds provided under--
``(i) title I of the Elementary and Secondary Education Act
of 1965;
``(ii) the Individuals with Disabilities Education Act; or
``(iii) any Federal education law other than title XI of
the Education Amendments of 1978.
``(B) Indian tribes and tribal organizations to which
grants are provided under this part, and tribally controlled
schools for which such grants are provided, shall not be
subject to any requirements, obligations, restrictions, or
limitations imposed by the Bureau that would otherwise apply
solely by reason of the receipt of funds provided under any
law referred to in clause (i), (ii), or (iii) of subparagraph
(A).
``(2) Schools considered contract schools.--Tribally
controlled schools for which grants are provided under this
part shall be treated as contract schools for the purposes of
allocation of funds under sections 1126(d), 1127, and 1128 of
the Education Amendments of 1978.
``(3) Schools considered bureau schools.--Tribally
controlled schools for which grants are provided under this
chapter shall be treated as Bureau schools for the purposes
of allocation of funds provided under--
``(A) title I of the Elementary and Secondary Education Act
of 1965;
``(B) the Individuals with Disabilities Education Act; and
``(C) any other Federal education law, that are distributed
through the Bureau.
``(4) Accounts; use of certain funds.--(A) Notwithstanding
section 5204(a)(2), with respect to funds from facilities
improvement and repair, alteration and renovation (major or
minor), health and safety, or new construction accounts
included in the grant under section 5204(a), the grantee
shall maintain a separate account for such funds. At the end
of the period designated for the work covered by the funds
received, the grantee shall submit to the Secretary a
separate accounting of the work done and the funds expended
to the Secretary. Funds received from these accounts may only
be used for the purpose for which they were appropriated and
for the work encompassed by the application or submission
under which they were received.
``(B) Notwithstanding subparagraph (A), a school receiving
a grant under this part for facilities improvement and repair
may use such grant funds for new construction if the tribal
government or other organization provides funding for the new
construction equal to at least 25 percent of the total cost
of such new construction.
``(C) Where the appropriations measure or the application
submission does not stipulate a period for the work covered
by the funds so designated, the Secretary and the grantee
shall consult and determine such a period prior to the
transfer of the funds. A period so determined may be extended
upon mutual agreement of the Secretary and the grantee.
``(5) Enforcement of request to include funds.--If the
Secretary fails to carry out a request made under subsection
(a)(2) within 180 days of a request filed by an Indian tribe
or tribal organization to include in such tribe or
organization's grant the funds described in subsection
(a)(2), the Secretary shall be deemed to have approved such
request and the Secretary shall immediately amend the grant
accordingly. Such tribe or organization may enforce its
rights under subsection (a)(2) and this paragraph, including
any denial or failure to act on such tribe or organization's
request, pursuant to the disputes authority described in
section 5209(e).
``SEC. 5206. ELIGIBILITY FOR GRANTS.
``(a) Rules.--
``(1) In general.--A tribally controlled school is eligible
for assistance under this part if the school--
``(A) on April 28, 1988, was a contract school under title
XI of the Education Amendments of 1978 and the tribe or
tribal organization operating the school submits to the
Secretary a written notice of election to receive a grant
under this part;
``(B) was a Bureau operated school under title XI of the
Education Amendments of 1978 and has met the requirements of
subsection (b);
``(C) is a school for which the Bureau has not provided
funds, but which has met the requirements of subsection (c);
or
``(D) is a school with respect to which an election has
been made under paragraph (2) and which has met the
requirements of subsection (b).
``(2) New schools.--Any application which has been
submitted under the Indian Self-Determination and Education
Assistance Act by an Indian tribe for a school which is not
in operation on the date of the enactment of the No Child
Left Behind Act of 2001 shall be reviewed under the
guidelines and regulations for applications submitted under
the Indian Self-Determination and Education Assistance Act
that were in effect at the time the application was
submitted, unless the Indian tribe or tribal organization
elects to have the application reviewed under the provisions
of subsection (b).
``(b) Additional Requirements for Bureau Funded Schools and
Certain Electing Schools.--
``(1) Bureau funded schools.--A school that was a Bureau
funded school under title XI of the Education Amendments of
1978 on the date of the enactment of the No Child Left Behind
Act of 2001, and any school with respect to which an election
is made under subsection (a)(2), meets the requirements of
this subsection if--
``(A) the Indian tribe or tribal organization that
operates, or desires to operate, the school submits to the
Secretary an application requesting that the Secretary--
``(i) transfer operation of the school to the Indian tribe
or tribal organization, if the Indian tribe or tribal
organization is not already operating the school; and
[[Page H2482]]
``(ii) make a determination as to whether the school is
eligible for assistance under this part; and
``(B) the Secretary makes a determination that the school
is eligible for assistance under this part.
``(2) Certain electing schools.--(A) By not later than the
date that is 120 days after the date on which an application
is submitted to the Secretary under paragraph (1)(A), the
Secretary shall determine--
``(i) in the case of a school which is not being operated
by the Indian tribe or tribal organization, whether to
transfer operation of the school to the Indian tribe or
tribal organization; and
``(ii) whether the school is eligible for assistance under
this part.
``(B) In considering applications submitted under paragraph
(1)(A), the Secretary--
``(i) shall transfer operation of the school to the Indian
tribe or tribal organization, if the tribe or tribal
organization is not already operating the school; and
``(ii) shall determine that the school is eligible for
assistance under this part, unless the Secretary finds by
clear and convincing evidence that the services to be
provided by the Indian tribe or tribal organization will be
deleterious to the welfare of the Indians served by the
school.
``(C) In considering applications submitted under paragraph
(1)(A), the Secretary shall consider whether the Indian tribe
or tribal organization would be deficient in operating the
school with respect to--
``(i) equipment;
``(ii) bookkeeping and accounting procedures;
``(iii) ability to adequately manage a school; or
``(iv) adequately trained personnel.
``(c) Additional Requirements for a School Which Is Not a
Bureau Funded School.--
``(1) In general.--A school which is not a Bureau funded
school under title XI of the Education Amendments of 1978
meets the requirements of this subsection if--
``(A) the Indian tribe or tribal organization that
operates, or desires to operate, the school submits to the
Secretary an application requesting a determination by the
Secretary as to whether the school is eligible for assistance
under this part; and
``(B) the Secretary makes a determination that a school is
eligible for assistance under this part.
``(2) Deadline for determination by secretary.--(A) By not
later than the date that is 180 days after the date on which
an application is submitted to the Secretary under paragraph
(1)(A), the Secretary shall determine whether the school is
eligible for assistance under this part.
``(B) In making the determination under subparagraph (A),
the Secretary shall give equal consideration to each of the
following factors:
``(i) with respect to the applicant's proposal--
``(I) the adequacy of facilities or the potential to obtain
or provide adequate facilities;
``(II) geographic and demographic factors in the affected
areas;
``(III) adequacy of the applicant's program plans;
``(IV) geographic proximity of comparable public education;
and
``(V) the needs as expressed by all affected parties,
including but not limited to students, families, tribal
governments at both the central and local levels, and school
organizations; and
``(ii) with respect to all education services already
available--
``(I) geographic and demographic factors in the affected
areas;
``(II) adequacy and comparability of programs already
available;
``(III) consistency of available programs with tribal
education codes or tribal legislation on education; and
``(IV) the history and success of these services for the
proposed population to be served, as determined from all
factors including, if relevant, standardized examination
performance.
``(C) The Secretary may not make a determination under this
paragraph that is primarily based upon the geographic
proximity of comparable public education.
``(D) Applications submitted under paragraph (1)(A) shall
include information on the factors described in subparagraph
(B)(i), but the applicant may also provide the Secretary such
information relative to the factors described in subparagraph
(B)(ii) as the applicant considers appropriate.
``(E) If the Secretary fails to make a determination under
subparagraph (A) with respect to an application within 180
days after the date on which the Secretary received the
application, the Secretary shall be treated as having made a
determination that the tribally controlled school is eligible
for assistance under the title and the grant shall become
effective 18 months after the date on which the Secretary
received the application, or on an earlier date, at the
Secretary's discretion.
``(d) Filing of Applications and Reports.--
``(1) In general.--All applications and reports submitted
to the Secretary under this part, and any amendments to such
applications or reports, shall be filed with the education
line officer designated by the Director of the Office of
Indian Education Programs of the Bureau of Indian Affairs.
The date on which such filing occurs shall, for purposes of
this part, be treated as the date on which the application or
amendment was submitted to the Secretary.
``(2) Supporting documentation.--Any application that is
submitted under this chapter shall be accompanied by a
document indicating the action taken by the tribal governing
body in authorizing such application.
``(e) Effective Date for Approved Applications.--Except as
provided by subsection (c)(2)(E), a grant provided under this
part, and any transfer of the operation of a Bureau school
made under subsection (b), shall become effective beginning
the academic year succeeding the fiscal year in which the
application for the grant or transfer is made, or at an
earlier date determined by the Secretary.
``(f) Denial of Applications.--
``(1) In general.--Whenever the Secretary refuses to
approve a grant under this chapter, to transfer operation of
a Bureau school under subsection (b), or determines that a
school is not eligible for assistance under this part, the
Secretary shall--
``(A) state the objections in writing to the tribe or
tribal organization within the allotted time;
``(B) provide assistance to the tribe or tribal
organization to overcome all stated objections.
``(C) at the request of the tribe or tribal organization,
provide the tribe or tribal organization a hearing on the
record under the same rules and regulations that apply under
the Indian Self-Determination and Education Assistance Act;
and
``(D) provide an opportunity to appeal the objection
raised.
``(2) Timeline for reconsideration of amended
applications.--The Secretary shall reconsider any amended
application submitted under this part within 60 days after
the amended application is submitted to the Secretary.
``(g) Report.--The Bureau shall submit an annual report to
the Congress on all applications received, and actions taken
(including the costs associated with such actions), under
this section at the same time that the President is required
to submit to Congress the budget under section 1105 of title
31, United States Code.
``SEC. 5207. DURATION OF ELIGIBILITY DETERMINATION.
``(a) In General.--If the Secretary determines that a
tribally controlled school is eligible for assistance under
this part, the eligibility determination shall remain in
effect until the determination is revoked by the Secretary,
and the requirements of subsection (b) or (c) of section
5206, if applicable, shall be considered to have been met
with respect to such school until the eligibility
determination is revoked by the Secretary.
``(b) Annual Reports.--
``(1) In general.--Each recipient of a grant provided under
this part shall complete an annual report which shall be
limited to--
``(A) an annual financial statement reporting revenue and
expenditures as defined by the cost accounting established by
the grantee;
``(B) an annual financial audit conducted pursuant to the
standards of the Single Audit Act of 1984;
``(C) an annual submission to the Secretary of the number
of students served and a brief description of programs
offered under the grant; and
``(D) a program evaluation conducted by an impartial
evaluation review team, to be based on the standards
established for purposes of subsection (c)(1)(A)(ii).
``(2) Evaluation review teams.--Where appropriate, other
tribally controlled schools and representatives of tribally
controlled community colleges shall make up members of the
evaluation review teams.
``(3) Evaluations.--In the case of a school which is
accredited, evaluations will be conducted at intervals under
the terms of accreditation.
``(4) Submission of report.--
``(A) To tribally governing body.--Upon completion of the
report required under paragraph (a), the recipient of the
grant shall send (via first class mail, return receipt
requested) a copy of such annual report to the tribal
governing body (as defined in section 1132(f) of the
Education Amendments of 1978) of the tribally controlled
school.
``(B) To secretary.--Not later than 30 days after receiving
written confirmation that the tribal governing body has
received the report send pursuant to subsection (A), the
recipient of the grant shall send a copy of the report to the
Secretary.
``(c) Revocation of Eligibility.--
``(1) In general.--(A) The Secretary shall not revoke a
determination that a school is eligible for assistance under
this part if--
``(i) the Indian tribe or tribal organization submits the
reports required under subsection (b) with respect to the
school; and
``(ii) at least one of the following subclauses applies
with respect to the school:
``(I) The school is certified or accredited by a State or
regional accrediting association or is a candidate in good
standing for such accreditation under the rules of the State
or regional accrediting association, showing that credits
achieved by the students within the education programs are,
or will be, accepted at grade level by a State certified or
regionally accredited institution.
``(II) A determination made by the Secretary that there is
a reasonable expectation that the accreditation described in
subclause (I), or the candidacy in good standing for such
accreditation, will be reached by the school within 3 years
and that the program offered by the school is beneficial to
the Indian students.
``(III) The school is accredited by a tribal department of
education if such accreditation is accepted by a generally
recognized regional or State accreditation agency.
``(IV) The schools accept the standards promulgated under
section 1121 of the Education Amendments of 1978 and an
evaluation of performance is conducted under this section in
conformance with the regulations pertaining to Bureau
operated schools by an impartial evaluator chosen by the
grantee, but no grantee shall be required to comply with
these standards to a higher degree than a comparable Bureau
operated school.
``(V) A positive evaluation of the school is conducted by
an impartial evaluator agreed upon by the Secretary and the
grantee every 2
[[Page H2483]]
years under standards adopted by the contractor under a
contract for a school entered into under the Indian Self-
Determination and Education Assistance Act (or revisions of
such standards agreed to by the Secretary and the grantee)
prior to the date of the enactment of this Act. If the
Secretary and the grantee other than the tribal governing
body fail to agree on such an evaluator, the tribal governing
body shall choose the evaluator or perform the evaluation. If
the Secretary and a grantee which is the tribal governing
body fail to agree on such an evaluator, this subclause shall
not apply.
``(B) The choice of standards employed for the purpose of
subparagraph (A)(ii) shall be consistent with section 1121(e)
of the Education Amendments of 1978.
``(2) Notice requirements for revocation.--The Secretary
shall not revoke a determination that a school is eligible
for assistance under this part, or reassume control of a
school that was a Bureau school prior to approval of an
application submitted under section 5206(b)(1)(A) until the
Secretary--
``(A) provides notice to the tribally controlled school and
the tribal governing body (within the meaning of section
1141(14) of the Education Amendments of 1978) of the tribally
controlled school which states--
``(i) the specific deficiencies that led to the revocation
or resumption determination; and
``(ii) the actions that are needed to remedy such
deficiencies; and
``(B) affords such authority an opportunity to effect the
remedial actions.
``(3) Technical assistance.--The Secretary shall provide
such technical assistance as is practicable to effect such
remedial actions. Such notice and technical assistance shall
be in addition to a hearing and appeal to be conducted
pursuant to the regulations described in section
5206(f)(1)(C).
``(d) Applicability of Section Pursuant to Election Under
Section 5209(b).--With respect to a tribally controlled
school which receives assistance under this part pursuant to
an election made under section 5209(b)--
``(1) subsection (b) of this section shall apply; and
``(2) the Secretary may not revoke eligibility for
assistance under this part except in conformance with
subsection (c) of this section.
``SEC. 5208. PAYMENT OF GRANTS; INVESTMENT OF FUNDS.
``(a) Payments.--
``(1) In general.--Except as otherwise provided in this
subsection, the Secretary shall make payments to grantees
under this part in two payments, of which--
``(A) the first payment shall be made not later than July
15 of each year in an amount equal to 85 percent of the
amount which the grantee was entitled to receive during the
preceding academic year; and
``(B) the second payment, consisting of the remainder to
which the grantee is entitled for the academic year, shall be
made not later than December 1 of each year.
``(2) Newly funded schools.--For any school for which no
payment under this part was made from Bureau funds in the
preceding academic year, full payment of the amount computed
for the first academic year of eligibility under this part
shall be made not later than December 1 of the academic year.
``(3) Late funding.--With regard to funds for grantees that
become available for obligation on October 1 of the fiscal
year for which such funds are appropriated, the Secretary
shall make payments to grantees not later than December 1 of
the fiscal year.
``(4) Applicability of certain title 31 provisions.--The
provisions of chapter 39 of Title 31, United States Code,
shall apply to the payments required to be made by paragraphs
(1), (2), and (3).
``(5) Restrictions.--Paragraphs (1), (2), and (3) shall be
subject to any restriction on amounts of payments under this
part that are imposed by a continuing resolution or other Act
appropriating the funds involved.
``(b) Investment of Funds.--
``(1) Treatment of interest and investment income.--
Notwithstanding any other provision of law, any interest or
investment income that accrues to any funds provided under
this part after such funds are paid to the Indian tribe or
tribal organization and before such funds are expended for
the purpose for which such funds were provided under this
part shall be the property of the Indian tribe or tribal
organization and shall not be taken into account by any
officer or employee of the Federal Government in determining
whether to provide assistance, or the amount of assistance,
under any provision of Federal law. Such interest income
shall be spent on behalf of the school.
``(2) Permissible investments.--Funds provided under this
part may be invested by the Indian tribe or tribal
organization before such funds are expended for the purposes
of this part so long as such funds are--
``(A) invested by the Indian tribe or tribal organization
only in obligations of the United States, or in obligations
or securities that are guaranteed or insured by the United
States, or mutual (or other) funds registered with the
Securities and Exchange Commission and which only invest in
obligations of the United States, or securities that are
guaranteed or insured by the United States; or
``(B) deposited only into accounts that are insure by and
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the funds, even in the
event of a bank failure.
``(c) Recoveries.--For the purposes of underrecovery and
overrecovery determinations by any Federal agency for any
other funds, from whatever source derived, funds received
under this part shall not be taken into consideration.
``SEC. 5209. APPLICATION WITH RESPECT TO INDIAN SELF-
DETERMINATION AND EDUCATION ASSISTANCE ACT.
``(a) Certain Provisions To Apply to Grants.--The following
provisions of the Indian Self-Determination and Education
Assistance Act (and any subsequent revisions thereto or
renumbering thereof), shall apply to grants provided under
this part:
``(1) Section 5(f) (relating to single agency audit).
``(2) Section 6 (relating to criminal activities;
penalties).
``(3) Section 7 (relating to wage and labor standards).
``(4) Section 104 (relating to retention of Federal
employee coverage).
``(5) Section 105(f) (relating to Federal property).
``(6) Section 105(k) (relating to access to Federal sources
of supply).
``(7) Section 105(l) (relating to lease of facility used
for administration and delivery of services).
``(8) Section 106(e) (relating to limitation on remedies
relating to cost allowances).
``(9) Section 106(i) (relating to use of funds for matching
or cost participation requirements).
``(10) Section 106(j) (relating to allowable uses of
funds).
``(11) Section 108(c) (Model Agreements provisions
(1)(a)(5) (relating to limitations of costs), (1)(a)(7)
(relating to records and monitoring), (1)(a)(8) (relating to
property), and (a)(1)(9) (relating to availability of funds).
``(12) Section 109 (relating to reassumption).
``(13) Section 111 (relating to sovereign immunity and
trusteeship rights unaffected).
``(b) Election for Grant in Lieu of Contract.--
``(1) In general.--Contractors for activities to which this
part applies who have entered into a contract under the
Indian Self-Determination and Education Assistance Act that
is in effect upon the date of the enactment of the No Child
Left Behind Act of 2001 may, by giving notice to the
Secretary, elect to have the provisions of this part apply to
such activity in lieu of such contract.
``(2) Effective date of election.--Any election made under
paragraph (1) shall take effect on the later of--
``(A) October 1 of the fiscal year succeeding the fiscal
year in which such election is made; or
``(B) 60 days after the date of such election.
``(3) Exception.--In any case in which the 60-day period
referred to in paragraph (2)(B) is less than 60 days before
the beginning of the succeeding fiscal year, such election
shall not take effect until the fiscal year after the fiscal
year succeeding the election.
``(c) No Duplication.--No funds may be provided under any
contract entered into under the Indian Self-Determination and
Education Assistance Act to pay any expenses incurred in
providing any program or services if a grant has been made
under this part to pay such expenses.
``(d) Transfers and Carryovers.--
``(1) Buildings, equipment, supplies, materials.--A tribe
or tribal organization assuming the operation of--
``(A) a Bureau school with assistance under this part shall
be entitled to the transfer or use of buildings, equipment,
supplies, and materials to the same extent as if it were
contracting under the Indian Self-Determination and Education
Assistance Act; or
``(B) a contract school with assistance under this part
shall be entitled to the transfer or use of buildings,
equipment, supplies and materials that were used in the
operation of the contract school to the same extent as if it
were contracting under the Indian Self-Determination and
Education Assistance Act.
``(2) Funds.--Any tribe or tribal organization which
assumes operation of a Bureau school with assistance under
this part and any tribe or tribal organization which elects
to operate a school with assistance under this part rather
that to continue as a contract school shall be entitled to
any funds which would carryover from the previous fiscal year
as if such school were operated as a contract school.
``(e) Exceptions, Problems, and Disputes.--Any exception or
problem cited in an audit conducted pursuant to section
5207(b)(2), any dispute regarding a grant authorized to be
made pursuant to this part or any amendment to such grant,
and any dispute involving an administrative cost grant under
section 1128 of the Education Amendments of 1978 shall be
administered under the provisions governing such exceptions,
problems, or disputes in the case of contracts under the
Indian Self-Determination and Education Assistance Act of
1975. The Equal Access to Justice Act shall apply to
administrative appeals filed after September 8, 1988, by
grantees regarding a grant under this part, including an
administrative cost grant.
``SEC. 5210. ROLE OF THE DIRECTOR.
``Applications for grants under this part, and all
application modifications, shall be reviewed and approved by
personnel under the direction and control of the Director of
the Office of Indian Education Programs. Required reports
shall be submitted to education personnel under the direction
and control of the Director of such Office.
``SEC. 5211. REGULATIONS.
``The Secretary is authorized to issue regulations relating
to the discharge of duties specifically assigned to the
Secretary by this part. In all other matters relating to the
details of planning, development, implementing, and
evaluating grants under this part, the Secretary shall not
issue regulations. Regulations issued pursuant to this part
shall not have the standing of a Federal statute for the
purposes of judicial review.
``SEC. 5212. THE TRIBALLY CONTROLLED GRANT SCHOOL ENDOWMENT
PROGRAM.
``(a) In General.--
[[Page H2484]]
``(1) Trust funds.--Each school receiving grants under this
part may establish, at a Federally insured banking and
savings institution, a trust fund for the purposes of this
section.
``(2) Authority of schools regarding trust funds.--The
school may provide--
``(A) for the deposit into the trust fund, only funds from
non-Federal sources, except that the interest on funds
received from grants under this part may be used for this
purpose;
``(B) for the deposit in the account of any earnings on
funds deposited in the account; and
``(C) for the sole use of the school any noncash, in-kind
contributions of real or personal property, such property may
at any time be converted to cash.
``(b) Interest.--Interest from the fund established under
subsection (a) may periodically be withdrawn and used, at the
discretion of the school, to defray any expenses associated
with the operation of the school.
``SEC. 5213. DEFINITIONS.
``For the purposes of this part:
``(1) Bureau.--The term `Bureau' means the Bureau of Indian
Affairs of the Department of the Interior.
``(2) Eligible indian student.--The term `eligible Indian
student' has the meaning of such term in section 1127(f) of
the Education Amendments of 1978.
``(3) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including Alaska Native Village or regional
corporations (as defined in or established pursuant to the
Alaskan Native Claims Settlement Act, which is recognized as
eligible for the special programs and services provided by
the United States to Indians because of their status as
Indians.
``(4) Local educational agency.--The term `local
educational agency' means a public board of education or
other public authority legally constituted within a State for
either administrative control or direction of, or to perform
a service function for, public elementary or secondary
schools in a city, county, township, school district, or
other political subdivision of a State or such combination of
school districts or counties as are recognized in a State as
an administrative agency for its public elementary or
secondary schools. Such term includes any other public
institution or agency having administrative control and
direction of a public elementary or secondary school.
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(6) Tribal organization.--(A) The term `tribal
organization' means--
``(i) the recognized governing body of any Indian tribe; or
``(ii) any legally established organization of Indians
which--
``(I) is controlled, sanctioned, or chartered by such
governing body or is democratically elected by the adult
members of the Indian community to be served by such
organization; and
``(II) includes the maximum participation of Indians in all
phases of its activities.
``(B) In any case in which a grant is provided under this
part to an organization to provide services benefiting more
than one Indian tribe, the approval of the governing bodies
of Indian tribes representing 80 percent of those students
attending the tribally controlled school shall be considered
a sufficient tribal authorization for such grant.
``(7) Tribally controlled school.--The term `tribally
controlled school' means a school operated by a tribe or a
tribal organization, enrolling students in kindergarten
through grade 12, including preschools, which is not a local
educational agency and which is not directly administered by
the Bureau of Indian Affairs.''.
TITLE IV--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS
PART A--INNOVATIVE PROGRAMS
SEC. 401. INNOVATIVE PROGRAMS.
Title IV is amended to read as follows:
``TITLE IV--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS
``PART A--INNOVATIVE PROGRAMS
``Subpart 1--State and Local Innovative Programs
``SEC. 4101. FINDINGS AND STATEMENT OF PURPOSE.
``(a) Findings.--Congress finds that this subpart--
``(1) provides flexibility to meet local needs;
``(2) promotes local and State education reforms;
``(3) contributes to the improvement of academic
achievement for all students;
``(4) provides funding for critical activities; and
``(5) provides services for private school students.
``(b) Statement of Purpose.--It is the purpose of programs
under this subpart--
``(1) to provide funding to enable States and local
educational agencies to implement promising educational
reform programs and school improvement initiatives based on
scientifically based research;
``(2) to provide a continuing source of innovation and
educational improvement, including support for library
services and instructional and media materials; and
``(3) to meet the educational needs of all students,
including at-risk youth.
``(c) State and Local Responsibility.--
``(1) In general.--The States shall have the basic
responsibility for the administration of funds made available
under this subpart, but such administration shall be carried
out with a minimum of paperwork.
``(2) Design and implementation.--Notwithstanding paragraph
(1), local educational agencies, school superintendents and
principals, and classroom teachers and supporting personnel
shall be mainly responsible for the design and implementation
of programs assisted under this subpart, 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.
``CHAPTER 1--STATE AND LOCAL PROGRAMS
``SEC. 4111. ALLOCATION TO STATES.
``(a) Reservations.--From the sums appropriated to carry
out this subpart for each fiscal year, the Secretary shall
reserve not more than 1 percent for payments to outlying
areas to be allotted in accordance with their respective
needs.
``(b) Allocation of remainder.--From the remainder of such
sums, the Secretary shall allocate, and make available in
accordance with this subpart, 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 \1/2\ of 1 percent of such
remainder.
``SEC. 4112. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
``(a) Distribution Rule.--
``(1) In general.--Subject to paragraph (2), from the sums
made available each year to carry out this subpart, the State
shall distribute not less than 85 percent to local
educational agencies within such State according to the
relative enrollments in public and private, nonprofit schools
within the jurisdictions of such agencies, adjusted, in
accordance with criteria approved by the Secretary, to
provide higher per-pupil allocations to local educational
agencies that have the greatest numbers or percentages of
children whose education imposes a higher than average cost
per child, such as--
``(A) children living in areas with high concentrations of
economically disadvantaged families;
``(B) children from economically disadvantaged families;
and
``(C) children living in sparsely populated areas.
``(2) Exception.--100 percent of any amount by which the
funds paid to a State under this subpart for a fiscal year
exceed the amount of such funds paid to the State for fiscal
year 2001 shall be distributed to local educational agencies
and used locally for innovative assistance described in
section 4131(b).
``(3) Limitation on use of funds for administration.--In
each fiscal year, a State may use not more than 25 percent of
the funds available for State programs under this subpart for
State administration under section 4121.
``(b) Calculation of Enrollments.--
``(1) In general.--The calculation of relative enrollments
under subsection (a)(1) 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 whose parents would like their children to
participate in programs or projects assisted under this
subpart, 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 each local educational agency
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 chapter.
``(3) Adjustments.--
``(A) In general.--Relative enrollments calculated under
subsection (a)(1) 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 that serve the greatest numbers or
percentages of--
``(i) children living in areas with high concentrations of
economically disadvantaged families;
``(ii) children from economically disadvantaged families;
or
``(iii) children living in sparsely populated areas.
``(B) Criteria.--The Secretary shall review criteria
submitted by a State for adjusting allocations under
paragraph (1) and shall approve such criteria only if the
Secretary determines that such criteria are reasonably
calculated to produce an adjusted allocation that reflects
the relative needs of 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 under
this subpart for a fiscal year, a State shall distribute to
each eligible local educational agency that has submitted an
application as required in section 4133 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)(1) may, in 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)(1) and enrolled in such
schools within the local educational agency.
``(B) Election.--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.--Subparagraphs (A) and (B) may not be
construed to require any school
[[Page H2485]]
to limit the use of the additional funds described in
subparagraph (A) to the provision of services to specific
students or categories of students.
``CHAPTER 2--STATE PROGRAMS
``SEC. 4121. STATE USE OF FUNDS.
``A State may use funds made available for State use under
this subpart only for--
``(1) State administration of programs under this subpart
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 subpart;
``(2) support for planning, designing, and initial
implementation of charter schools as described in part B;
``(3) statewide education reform and school improvement
activities and technical assistance and direct grants to
local educational agencies which assist such agencies under
section 4131; and
``(4) support for arrangements that provide for independent
analysis to measure and report on school district
achievement.
``SEC. 4122. STATE APPLICATIONS.
``(a) Application Requirements.--If a State seeks to
receive assistance under this subpart, the individual,
entity, or agency responsible for public elementary and
secondary education policy under the State constitution or
State law shall submit to the Secretary an application that--
``(1) provides for an annual statewide summary of how
assistance under this subpart is contributing toward
improving student achievement or improving the quality of
education for students;
``(2) provides information setting forth the allocation of
such funds required to implement section 4142;
``(3) provides that the State 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);
``(4) provides assurance that, apart from technical and
advisory assistance and monitoring compliance with this
subpart, the State 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 4133;
``(5) contains assurances that there is compliance with the
specific requirements of this subpart; and
``(6) provides for timely public notice and public
dissemination of the information provided under paragraph
(2).
``(b) Statewide Summary.--The statewide summary referred to
in subsection (a)(1) shall be submitted to the Secretary and
shall be derived from the evaluation information submitted by
local educational agencies to the State under section
4133(a)(2)(H). The format and content of such summary shall
be in the discretion of the State and may include statistical
measures such as the number of students served by each type
of innovative assistance described in section 4131(b),
including the number of teachers trained.
``(c) Period of Application.--An application filed by the
State under subsection (a) shall be for a period not to
exceed 3 years, and may be amended annually as may be
necessary to reflect changes without filing a new
application.
``(d) Audit Limitation.--Each local educational agency
receiving less than an average of $5,000 under this subpart
may not be audited more frequently than once every 5 years.
``CHAPTER 3--LOCAL INNOVATIVE EDUCATION PROGRAMS
``SEC. 4131. USE OF FUNDS.
``(a) In General.--Funds made available to local
educational agencies under section 4112 shall be used for
innovative assistance programs described in subsection (b).
``(b) Innovative Assistance.--The innovative assistance
programs referred to in subsection (a) may include--
``(1) professional development activities and the hiring of
teachers, including activities carried out in accordance with
title II, that give teachers, principals, and administrators
the knowledge and skills to provide students with the
opportunity to meet challenging State or local academic
content standards and student achievement standards;
``(2) technology related to the implementation of school-
based reform programs, including professional development to
assist teachers, and other school officials, regarding how to
use effectively such equipment and software;
``(3) programs for the development or acquisition and use
of instructional and educational materials, including library
services and materials (including media materials), academic
assessments, reference materials, computer software and
hardware for instructional use, and other curricular
materials that are tied to high academic standards, that will
be used to improve student achievement, and that are part of
an overall education reform program;
``(4) promising education reform projects, including
effective schools and magnet schools;
``(5) programs to improve the academic skills of
disadvantaged elementary and secondary school students and to
prevent students from dropping out of school;
``(6) programs to combat illiteracy;
``(7) programs to provide for the educational needs of
gifted and talented children;
``(8) planning, designing, and initial implementation of
charter schools as described in part B;
``(9) school improvement programs or activities under
sections 1116 and 1117;
``(10) community service programs that use qualified school
personnel to train and mobilize young people to measurably
strengthen their communities through nonviolence,
responsibility, compassion, respect, and moral courage;
``(11) activities to promote consumer, economic, and
personal finance education, such as disseminating and
encouraging the best practices for teaching the basic
principles of economics and promoting the concept of
achieving financial literacy through the teaching of personal
financial management skills (including the basic principles
involved with earning, spending, saving, and investing);
``(12) activities to promote, implement, or expand public
school choice;
``(13) programs to hire and support school nurses;
``(14) expanding and improving school-based mental health
services, including early identification of drug use and
violence, assessment, and direct individual or group
counseling services provided to students, parents, and school
personnel by qualified school based mental health services
personnel; and
``(15) alternative educational programs for those students
who have been expelled or suspended from their regular
educational setting, including programs to assist students to
reenter the regular educational setting upon return from
treatment or alternative educational programs.
``SEC. 4132. ADMINISTRATIVE AUTHORITY.
``In order to conduct the activities authorized by this
subpart, each State or local educational agency may use funds
made available under this subpart 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, including religious organizations.
``SEC. 4133. LOCAL APPLICATIONS.
``(a) Certification.--
``(1) In general.--A local educational agency or a
consortium of such agencies may receive an allocation of
funds under this subpart for any year for which the agency or
consortium submits an application under this section that is
certified by the State to meet the requirements of this
section.
``(2) Contents of Application.--The State shall certify
each application that--
``(A) describes locally identified needs relative to the
purposes of this subpart and to the innovative assistance
described in section 4131(b);
``(B) based on the needs identified in subparagraph (A),
sets forth the planned allocation of funds among innovative
assistance programs described in section 4131 and describes
the programs, projects, and activities designed to carry out
such innovative assistance programs that the local
educational agency intends to support;
``(C) contains information setting forth the allocation of
such funds required to implement section 4142;
``(D) describes how assistance under this subpart will
contribute to improving student academic achievement;
``(E) provides assurances of compliance with the provisions
of this subpart, including the participation of children
enrolled in private, nonprofit schools in accordance with
section 4142;
``(F) provides assurance that the local educational agency
will keep such records, and provide such information to the
State as may be reasonably required for fiscal audit and
program evaluation, consistent with the responsibilities of
the State under this subpart;
``(G) provides in the allocation of funds for the
assistance authorized by this subpart, and in the design,
planning, and implementation of such programs, for systematic
consultation with parents of children attending elementary
and secondary schools in the area served by the local
educational agency, with teachers and administrative
personnel in such schools, and with other groups involved in
the implementation of this subpart (such as librarians,
school counselors, and other pupil services personnel) as may
be considered appropriate by the local educational agency;
and
``(H) provides assurance that--
``(i) programs, services, and activities will be evaluated
annually;
``(ii) such evaluation will be used to determine and
implement appropriate changes in program services and
activities for the subsequent year;
``(iii) such evaluation will describe how assistance under
this subpart contributed toward improving student academic
achievement; and
``(iv) such evaluation will be submitted to the State in
the time and manner requested by the State.
``(b) Time Period to Which Application Relates.--An
application submitted by a local educational agency under
subsection (a) may seek allocations under this part for a
period of time not to exceed 3 fiscal years and may be
amended annually as may be necessary to reflect changes
without the filing of a new application.
``(c) Local Educational Agency Discretion.--
``(1) In general.--Subject to the limitations and
requirements of this subpart, a local educational agency
shall have complete discretion in determining how funds made
available under this chapter will be divided among programs
and activities described in section 4131.
``(2) Limitation.--In exercising the discretion described
in paragraph (1), a local educational agency shall ensure
that expenditures under this chapter carry out the purposes
of this subpart and are used to meet the educational needs
within the schools of such local educational agency.
``CHAPTER 4--GENERAL PROVISIONS
``SEC. 4141. 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
[[Page H2486]]
allocation of funds under this subpart for any fiscal year
only if the Secretary determines 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 fiscal year that is 2 fiscal years before 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 subpart 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) Waiver.--The Secretary may waive, for 1 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 subpart only to supplement and, to the extent practical,
to increase the level of funds that would, in the absence of
Federal funds made available under this subpart, 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. 4142. 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 subpart
or which serves the area in which a program or project
assisted under this subpart 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 from funds made available for State use,
such agency, after consultation with appropriate private
school officials--
``(A) 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
or minor remodeling of public facilities as may be necessary
for their provision (consistent with subsection (c) of this
section); or
``(B) if such services, materials, and equipment are not
feasible or necessary in 1 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 subpart.
``(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 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 subpart.
``(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 subpart
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.--
``(1) In general.--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 subpart for children enrolled in the public schools of
the local educational agency.
``(2) Concentrated programs.--Taking into account the needs
of the individual children and other factors which relate to
the expenditures referred to in paragraph (1), and when funds
available to a local educational agency under this subpart
are used to concentrate programs or projects on a particular
group, attendance area, or grade or age level, children
enrolled in private schools who are included within the
group, attendance area, or grade or age level selected for
such concentration shall, after consultation with the
appropriate private school officials, be assured equitable
participation in the purposes and benefits of such programs
or projects.
``(c) Administrative Rules.--
``(1) Funds and property.--The control of funds provided
under this subpart, 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 subpart, and a public agency shall
administer such funds and property.
``(2) Provision of services.--The provision of services
pursuant to this subpart 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 subpart shall not be commingled with State or
local funds.
``(d) Waiver.--
``(1) State prohibition waiver.--If by reason of any
provision of law a State or local educational agency is
prohibited from providing for the participation in programs
of children enrolled in private elementary and secondary
schools, as required by this section, the Secretary shall
waive such requirements and shall arrange for the provision
of services to such children through arrangements which shall
be subject to the requirements of this section.
``(2) Failure to comply.--If the Secretary determines that
a State or a local educational agency has substantially
failed or is unwilling to provide for the participation on an
equitable basis of children enrolled in private elementary
and secondary schools as required by this section, the
Secretary may waive such requirements and shall arrange for
the provision of services to such children through
arrangements which shall be subject to the requirements of
this section.
``(e) Withholding of Allocation.--Pending final resolution
of any investigation or complaint that could result in a
waiver under subsection (d)(1) or (d)(2), 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 services to be provided by
the Secretary under such subsection.
``(f) Term of Determinations.--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 subpart.
``(h) Review.--
``(1) Written objections.--The Secretary shall not take any
final action under this section until the State and the local
educational agency affected by such action have had an
opportunity, for not less than 45 days after receiving
written notice thereof, to submit written objections and to
appear before the Secretary or the Secretary's designee to
show cause why that action should not be taken.
``(2) Court action.--If a State or local educational agency
is dissatisfied with the Secretary's final action after a
proceeding under paragraph (1), such agency may, not later
than 60 days after notice of such action, file with the
United States court of appeals for the circuit in which such
State is located a petition for review of that action. A copy
of the petition shall be transmitted by the clerk of the
court to the Secretary. The Secretary thereupon shall file in
the court the record of the proceedings on which the
Secretary based this action, as provided in section 2112 of
title 28, United States Code.
``(3) Remand to secretary.--The findings of fact by the
Secretary, if supported by substantial evidence, shall be
conclusive; but the court, for good cause shown, may remand
the case to the Secretary to take further evidence and the
Secretary may make new or modified findings of fact and may
modify the Secretary's previous action, and shall file in the
court the record of the further proceedings. Such new or
modified findings of fact shall likewise be conclusive if
supported by substantial evidence.
``(4) Court review.--Upon the filing of such petition, the
court shall have jurisdiction to affirm the action of the
Secretary or to set such action aside, in whole or in part.
The judgment of the court shall be subject to review by the
Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28, United
States Code.
``(i) Prior Determination.--Any bypass determination by the
Secretary under chapter 2 of title I of this Act (as such
chapter was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994)
shall, to the extent consistent with the purposes of this
title, apply to programs under this title.
``SEC. 4143. FEDERAL ADMINISTRATION.
``(a) Technical Assistance.--The Secretary, upon request,
shall provide technical assistance to States and local
educational agencies under this subpart.
``(b) Rulemaking.--The Secretary shall issue regulations
under this subpart only to the extent that such regulations
are necessary to ensure that there is compliance with the
specific requirements and assurances required by this
subpart.
``(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 subpart 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.
``SEC. 4144. DEFINITIONS.
``In this subpart, the following definitions apply:
``(1) School-age population.--The term `school-age
population' means the population aged 5 through 17.
``(2) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
``SEC. 4145. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart $450,000,000 for fiscal year 2002 and such sums as
may be necessary for each of fiscal years 2003 through 2006.
[[Page H2487]]
``Subpart 2--Arts Education
``SEC. 4151. ASSISTANCE FOR ARTS EDUCATION.
``(a) Findings.--The Congress finds that--
``(1) every student can benefit from an education in the
arts;
``(2) a growing body of research indicates that education
in the arts may provide cognitive benefits and bolster
academic achievement, beginning at an early age and
continuing through secondary school;
``(3) qualified arts teachers and a sequential curriculum
are the basis and core for substantive arts education for
students;
``(4) the arts should be taught according to rigorous
academic standards under arts education programs that provide
mechanisms under which educators are accountable to parents,
school officials, and the community;
``(5) opportunities to participate in the arts have enabled
individuals with disabilities of all ages to participate more
fully in school and community activities; and
``(6) arts education is a valuable part of the elementary
and secondary school curriculum.
``(b) Purposes.--The purposes of this subpart are to--
``(1) support systemic education reform by strengthening
arts education as an integral part of the elementary and
secondary school curriculum; and
``(2) help ensure that all students meet challenging State
academic content standards and challenging State student
academic achievement standards in the arts.
``(c) Authority.--In accordance with this subpart, the
Secretary may make grants to, or enter into contracts or
cooperative agreements with, eligible entities described in
subsection (d).
``(d) Eligible Entities.--The Secretary may make assistance
available under subsection (c) to each of the following
entities:
``(1) States.
``(2) Local educational agencies.
``(3) Institutions of higher education.
``(4) Museums or other cultural institutions.
``(5) Any other public or private agencies, institutions,
and organizations.
``(e) Use of Funds.--Assistance made available under this
subpart may be used only for--
``(1) research on arts education;
``(2) planning, developing, acquiring, expanding,
improving, or disseminating model school-based arts education
programs;
``(3) the development of model State arts education
assessments based on State academic standards;
``(4) the development and implementation of curriculum
frameworks for arts education;
``(5) the development of model inservice professional
development programs for arts educators and other
instructional staff;
``(6) supporting collaborative activities with Federal
agencies or institutions, arts educators, and organizations
representing the arts, including State and local arts
agencies involved in arts education;
``(7) supporting model projects or programs in the
performing arts for children and youth or programs which
assure the participation in mainstream settings in arts and
education programs of individuals with disabilities through
arrangements made with organizations such as the John F.
Kennedy Center for the Performing Arts and VSA arts;
``(8) supporting model projects or programs to integrate
arts education into the regular elementary and secondary
school curriculum; or
``(9) other activities that further the purposes of this
subpart.
``(f) Conditions.--As conditions of receiving assistance
made available under this subpart, the Secretary shall
require each entity receiving such assistance--
``(1) to coordinate, to the extent practicable, each
project or program carried out with such assistance with
appropriate activities of public or private cultural
agencies, institutions, and organizations, including museums,
arts education associations, libraries, and theaters; and
``(2) to use such assistance only to supplement and not to
supplant any other assistance or funds made available from
non-Federal sources for the activities assisted under this
subpart.
``(g) Consultation.--In carrying out this part, the
Secretary shall consult with Federal agencies or
institutions, arts educators (including professional arts
education associations), and organizations representing the
arts including State and local arts agencies involved in arts
education.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this subpart such
sums as may be necessary for each of fiscal years 2002
through 2006.
``Subpart 3--Gifted and Talented Children
``SEC. 4161. SHORT TITLE.
``This subpart may be cited as the `Jacob K. Javits Gifted
and Talented Students Education Act of 2001'.
``SEC. 4162. FINDINGS AND PURPOSE.
``(a) Findings.--Congress finds the following:
``(1) While the families and communities of some gifted and
talented students can provide private educational programs
with appropriately trained staff to supplement public
educational offerings, most gifted and talented students,
especially those from inner cities, rural communities, or
low-income families, must rely on the services and personnel
available in public schools. In order to ensure that there
are equal educational opportunities for all gifted and
talented students in the United States, the public schools
should provide gifted and talented education programs carried
out by qualified professionals.
``(2) Due to the wide dispersal of students who are gifted
and talented and the national interest in a well-educated
populace, it is the Federal Government that can most
effectively and appropriately conduct scientifically based
research and development to ensure that there is a national
capacity to educate students who are gifted and talented in
the 21st century.
``(3) Many State and local educational agencies lack the
specialized resources and trained personnel necessary to
consistently plan and implement effective programs for the
identification of gifted and talented students and for the
provision of educational services and programs appropriate
for the needs of such students.
``(4) Because gifted and talented students are generally
more advanced academically, are generally able to learn more
quickly, and generally study in more depth and complexity
than others their age, they require educational opportunities
and experiences that are different from those usually
available to other students.
``(5) A typical elementary school student who is
academically gifted and talented has already mastered 35 to
50 percent of the content to be learned in several subjects
in any school year before that year begins. Without an
advanced and challenging curriculum, such a student may lose
motivation and develop poor study habits that are difficult
to break.
``(6) Classes in elementary and secondary schools in the
United States consist of students with a wide variety of
traits, characteristics, and needs. Although most teachers
receive some training to meet the needs of students with
limited English proficiency, students with disabilities, and
students from diverse cultural and racial backgrounds, few
receive training to meet the needs of students who are gifted
and talented.
``(b) Purpose.--The purpose of this subpart is to initiate
a coordinated program of scientifically based research,
demonstration projects, innovative strategies, and similar
activities designed to build and enhance the ability of
elementary and secondary schools nationwide to meet the
special educational needs of gifted and talented students.
``SEC. 4163. RULE OF CONSTRUCTION.
Nothing in this subpart shall be construed to prohibit a
recipient of funds under this subpart from serving gifted and
talented students simultaneously with students with similar
educational needs, in the same educational settings where
appropriate.
``SEC. 4164. AUTHORIZED PROGRAMS.
``(a) Establishment of Program.--
``(1) In general.--From the sums available to carry out
this subpart in any fiscal year, the Secretary (after
consultation with experts in the field of the education of
gifted and talented students) shall make grants to, or enter
into contracts with, State educational agencies, local
educational agencies, institutions of higher education, other
public agencies, and other private agencies and organizations
(including Indian tribes and Indian organizations (as such
terms are defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b))
and Native Hawaiian organizations) to assist such agencies,
institutions, and organizations in carrying out programs or
projects authorized by this subpart that are designed to meet
the educational needs of gifted and talented students,
including the training of personnel in the education of
gifted and talented students and in the use, where
appropriate, of gifted and talented services, materials, and
methods for all students.
``(2) Application.--
``(A) In general.--Each entity seeking assistance under
this subpart shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may reasonably require.
``(B) Contents.--Each application submitted under this
paragraph shall describe how--
``(i) the proposed gifted and talented services, materials,
and methods can be adapted, if appropriate, for use by all
students; and
``(ii) the proposed programs can be evaluated.
``(b) Use of Funds.--Programs and projects assisted under
this section may include each of the following:
``(1) Conducting--
``(A) scientifically based research on methods and
techniques for identifying and teaching gifted and talented
students, and for using gifted and talented programs and
methods to serve all students; and
``(B) program evaluations, surveys, and the collection,
analysis, and development of information needed to accomplish
the purpose of this subpart.
``(2) Professional development (including fellowships) for
personnel (including leadership personnel) involved in the
education of gifted and talented students.
``(3) Establishment and operation of model projects and
exemplary programs for serving gifted and talented students,
including innovative methods for identifying and educating
students who may not be served by traditional gifted and
talented programs, including summer programs, mentoring
programs, service learning programs, and cooperative programs
involving business, industry, and education.
``(4) Implementing innovative strategies, such as
cooperative learning, peer tutoring, and service learning.
``(5) Programs of technical assistance and information
dissemination, including assistance and information with
respect to how gifted and talented programs and methods,
where appropriate, may be adapted for use by all students.
``(c) Establishment of National Center.--
``(1) In general.--The Secretary (after consultation with
experts in the field of the education of gifted and talented
students) shall establish a National Center for Research and
Development in the Education of Gifted and Talented Children
and Youth through grants to or contracts with one or more
institutions of higher education or State educational
agencies, or a combination or consortium of such institutions
[[Page H2488]]
and agencies and other public or private agencies and
organizations, for the purpose of carrying out activities
described in paragraph (1) of subsection (b).
``(2) Director.--The National Center established under
paragraph (1) shall be headed by a Director. The Secretary
may authorize the Director to carry out such functions of the
National Center as may be agreed upon through arrangements
with institutions of higher education, State or local
educational agencies, or other public or private agencies and
organizations.
``(d) Limitation.--Not more than 30 percent of the funds
available in any fiscal year to carry out the programs and
projects authorized by this section may be used to conduct
activities pursuant to subsection (b)(1) or subsection (c).
``(e) Coordination.--Scientifically based research
activities supported under this subpart--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by such Office; and
``(2) may include collaborative scientifically based
research activities which are jointly funded and carried out
with such Office.
``SEC. 4165. PROGRAM PRIORITIES.
``(a) General Priority.--In carrying out this subpart, the
Secretary shall give highest priority to programs and
projects designed to develop new information that--
``(1) improves the capability of schools to plan, conduct,
and improve programs to identify and serve gifted and
talented students; and
``(2) assists schools in the identification of, and
provision of services to, gifted and talented students who
may not be identified and served through traditional
assessment methods (including economically disadvantaged
individuals, individuals of limited English proficiency, and
individuals with disabilities).
``(b) Service Priority.--In approving applications for
assistance under section 4164(a)(2), the Secretary shall
ensure that in each fiscal year not less than 50 percent of
the applications approved under such section address the
priority described in subsection (a)(2) of this section.
``SEC. 4166. GENERAL PROVISIONS.
``(a) Participation of Private School Children and
Teachers.--In making grants and entering into contracts under
this subpart, the Secretary shall ensure, where appropriate,
that provision is made for the equitable participation of
students and teachers in private nonprofit elementary and
secondary schools, including the participation of teachers
and other personnel in professional development programs
serving such children.
``(b) Review, Dissemination, and Evaluation.--The Secretary
shall--
``(1) use a peer review process in reviewing applications
under this subpart;
``(2) ensure that information on the activities and results
of programs and projects funded under this subpart is
disseminated to appropriate State and local educational
agencies and other appropriate organizations, including
nonprofit private organizations; and
``(3) evaluate the effectiveness of programs under this
subpart in accordance with section 8651, both in terms of the
impact on students traditionally served in separate gifted
and talented programs and on other students, and submit the
results of such evaluation to the Congress not later than 2
years after the date of the enactment of the No Child Left
Behind Act of 2001.
``(c) Program Operations.--The Secretary shall ensure that
the programs under this subpart are administered within the
Department by a person who has recognized professional
qualifications and experience in the field of the education
of gifted and talented students and who shall--
``(1) administer and coordinate the programs authorized
under this subpart;
``(2) serve as a focal point of national leadership and
information on the educational needs of gifted and talented
students and the availability of educational services and
programs designed to meet such needs; and
``(3) assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities which reflect the needs of gifted and talented
students.
``SEC. 4167. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart such sums as may be necessary for each of fiscal
years 2002 through 2006.''.
SEC. 402. CONTINUATION OF AWARDS.
Notwithstanding any other provision of this Act, any person
or agency that was awarded a grant under part B or D of title
X (20 U.S.C. 8031 et seq., 8091 et seq.) prior to the date of
the enactment of this Act shall continue to receive funds in
accordance with the terms of such award until the date on
which the award period terminates under such terms.
PART B--PUBLIC CHARTER SCHOOLS
SEC. 411. PUBLIC CHARTER SCHOOLS.
Title IV, as amended by section 401, is further amended by
adding at the end the following:
``PART B--PUBLIC CHARTER SCHOOLS
``SEC. 4201. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds that--
``(1) enhancement of parent and student choices among
public schools can assist in promoting comprehensive
educational reform and give more students the opportunity to
meet challenging State academic content standards and State
student academic achievement standards, if sufficiently
diverse and high-quality choices, and genuine opportunities
to take advantage of such choices, are available to all
students;
``(2) useful examples of such choices can come from States
and communities that experiment with methods of offering
teachers and other educators, parents, and other members of
the public the opportunity to design and implement new public
schools and to transform existing public schools;
``(3) charter schools are a mechanism for testing a variety
of educational approaches and should, therefore, be exempted
from restrictive rules and regulations if the leadership of
such schools commits to attaining specific and ambitious
educational results for educationally disadvantaged students
consistent with challenging State academic content standards
and State student academic achievement standards for all
students;
``(4) charter schools can embody the necessary mixture of
enhanced choice, exemption from restrictive regulations, and
a focus on learning gains;
``(5) charter schools, including charter schools that are
schools-within-schools, can help reduce school size, and this
reduction can have a significant effect on student
achievement;
``(6) the Federal Government should test, evaluate, and
disseminate information on a variety of charter school models
in order to help demonstrate the benefits of this promising
educational reform; and
``(7) there is a strong documented need for cash-flow
assistance to charter schools that are starting up, because
State and local operating revenue streams are not immediately
available.
``(b) Purpose.--It is the purpose of this part to increase
national understanding of the charter schools model by--
``(1) providing financial assistance for the planning,
program design and initial implementation of charter schools;
``(2) evaluating the effects of such schools, including the
effects on students, student achievement, staff, and parents;
and
``(3) expanding the number of high-quality charter schools
available to students across the Nation.
``SEC. 4202. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary may award grants to State
educational agencies having applications approved pursuant to
section 4203 to enable such agencies to conduct a charter
school grant program in accordance with this part.
``(b) Special Rule.--If a State educational agency elects
not to participate in the program authorized by this part or
does not have an application approved under section 4203, the
Secretary may award a grant to an eligible applicant that
serves such State and has an application approved pursuant to
section 4203(c).
``(c) Program Periods.--
``(1) Grants to states.--Grants awarded to State
educational agencies under this part shall be awarded for a
period of not more than 3 years.
``(2) Grants to eligible applicants.--Grants awarded by the
Secretary to eligible applicants or subgrants awarded by
State educational agencies to eligible applicants under this
part shall be awarded for a period of not more than 3 years,
of which the eligible applicant may use--
``(A) not more than 18 months for planning and program
design;
``(B) not more than 2 years for the initial implementation
of a charter school; and
``(C) not more than 2 years to carry out dissemination
activities described in section 4204(f)(6)(B).
``(d) Limitation.--A charter school may not receive--
``(1) more than one grant for activities described in
subparagraphs (A) and (B) of subsection (c)(2); or
``(2) more than one grant for activities under subparagraph
(C) of subsection (c)(2).
``(e) Priority Treatment..--
``(1) In general.--In awarding grants under this part from
any funds appropriated under section 4211, the Secretary
shall give priority to States to the extent that the States
meet the criteria described in paragraph (2) and one or more
of the criteria described in subparagraph (A), (B), or (C) of
paragraph (3).
``(2) Review and evaluation priority criteria.--The
criteria referred to in paragraph (1) is that the State
provides for periodic review and evaluation by the authorized
public chartering agency of each charter school, at least
once every 5 years unless required more frequently by State
law, to determine whether the charter school is meeting the
terms of the school's charter, and is meeting or exceeding
the academic performance requirements and goals for charter
schools as set forth under State law or the school's charter.
``(3) Priority criteria.--The criteria referred to in
paragraph (1) are the following:
``(A) The State has demonstrated progress, in increasing
the number of high quality charter schools that are held
accountable in the terms of the schools' charters for meeting
clear and measurable objectives for the educational progress
of the students attending the schools, in the period prior to
the period for which a State educational agency or eligible
applicant applies for a grant under this part.
``(B) The State--
``(i) provides for one authorized public chartering agency
that is not a local educational agency, such as a State
chartering board, for each individual or entity seeking to
operate a charter school pursuant to such State law; or
``(ii) in the case of a State in which local educational
agencies are the only authorized public chartering agencies,
allows for an appeals process for the denial of an
application for a charter school.
``(C) The State ensures that each charter school has a high
degree of autonomy over the charter school's budgets and
expenditures.
``(f) Amount Criteria.--In determining the amount of a
grant to be awarded under this part to a State educational
agency, the Secretary shall take into consideration the
number
[[Page H2489]]
of charter schools that are operating, or are approved to
open, in the State.
``SEC. 4203. APPLICATIONS.
``(a) Applications From State Agencies.--Each State
educational agency desiring a grant from the Secretary under
this part shall submit to the Secretary an application at
such time, in such manner, and containing or accompanied by
such information as the Secretary may require.
``(b) Contents of a State Educational Agency Application.--
Each application submitted pursuant to subsection (a) shall--
``(1) describe the objectives of the State educational
agency's charter school grant program and how such objectives
will be fulfilled, including steps taken by the State
educational agency to inform teachers, parents, and
communities of the State educational agency's charter school
grant program; and
``(2) describe how the State educational agency--
``(A) will inform each charter school in the State
regarding--
``(i) Federal funds that the charter school is eligible to
receive; and
``(ii) Federal programs in which the charter school may
participate;
``(B) will ensure that each charter school in the State
receives the charter school's commensurate share of Federal
education funds that are allocated by formula each year,
including during the first year of operation of the charter
school; and
``(C) will disseminate best or promising practices of
charter schools to each local educational agency in the
State; and
``(3) contain assurances that the State educational agency
will require each eligible applicant desiring to receive a
subgrant to submit an application to the State educational
agency containing--
``(A) a description of the educational program to be
implemented by the proposed charter school, including--
``(i) how the program will enable all students to meet
challenging State student academic achievement standards;
``(ii) the grade levels or ages of children to be served;
and
``(iii) the curriculum and instructional practices to be
used;
``(B) a description of how the charter school will be
managed;
``(C) a description of--
``(i) the objectives of the charter school; and
``(ii) the methods by which the charter school will
determine its progress toward achieving those objectives;
``(D) a description of the administrative relationship
between the charter school and the authorized public
chartering agency;
``(E) a description of how parents and other members of the
community will be involved in the planning, program design
and implementation of the charter school;
``(F) a description of how the authorized public chartering
agency will provide for continued operation of the school
once the Federal grant has expired, if such agency determines
that the school has met the objectives described in
subparagraph (C)(i);
``(G) a request and justification for waivers of any
Federal statutory or regulatory provisions that the applicant
believes are necessary for the successful operation of the
charter school, and a description of any State or local
rules, generally applicable to public schools, that will be
waived for, or otherwise not apply to, the school;
``(H) a description of how the subgrant funds or grant
funds, as appropriate, will be used, including a description
of how such funds will be used in conjunction with other
Federal programs administered by the Secretary;
``(I) a description of how students in the community will
be--
``(i) informed about the charter school; and
``(ii) given an equal opportunity to attend the charter
school;
``(J) an assurance that the eligible applicant will
annually provide the Secretary and the State educational
agency such information as may be required to determine if
the charter school is making satisfactory progress toward
achieving the objectives described in subparagraph (C)(i);
``(K) an assurance that the applicant will cooperate with
the Secretary and the State educational agency in evaluating
the program assisted under this part;
``(L) a description of how a charter school that is
considered a local educational agency under State law, or a
local educational agency in which a charter school is
located, will comply with sections 613(a)(5) and 613(e)(1)(B)
of the Individuals with Disabilities Education Act;
``(M) if the eligible applicant desires to use subgrant
funds for dissemination activities under section
4202(c)(2)(C), a description of those activities and how
those activities will involve charter schools and other
public schools, local educational agencies, developers, and
potential developers; and
``(N) such other information and assurances as the
Secretary and the State educational agency may require.
``(c) Contents of Eligible Applicant Application.--Each
eligible applicant desiring a grant pursuant to section
4202(b) shall submit an application to the State educational
agency or Secretary, respectively, at such time, in such
manner, and accompanied by such information as the State
educational agency or Secretary, respectively, may reasonably
require.
``(d) Contents of Application.--Each application submitted
pursuant to subsection (c) shall contain--
``(1) the information and assurances described in
subparagraphs (A) through (N) of subsection (b)(3), except
that for purposes of this subsection subparagraphs (J), (K),
and (N) of such subsection shall be applied by striking `and
the State educational agency' each place such term appears;
``(2) assurances that the State educational agency--
``(A) will grant, or will obtain, waivers of State
statutory or regulatory requirements; and
``(B) will assist each subgrantee in the State in receiving
a waiver under section 4204(e); and
``(3) assurances that the eligible applicant has provided
its authorized public chartering authority timely notice, and
a copy, of the application, except that the State educational
agency (or the Secretary, in the case of an application
submitted to the Secretary) may waive this requirement in the
case of an application for a precharter planning grant or
subgrant if the authorized public chartering authority to
which a charter school proposal will be submitted has not
been determined at the time the grant or subgrant application
is submitted.
``SEC. 4204. ADMINISTRATION.
``(a) Selection Criteria for State Educational Agencies.--
The Secretary shall award grants to State educational
agencies under this part on the basis of the quality of the
applications submitted under section 4203(b), after taking
into consideration such factors as--
``(1) the contribution that the charter schools grant
program will make to assisting educationally disadvantaged
and other students to achieving State academic content
standards and State student academic achievement standards
and, in general, a State's education improvement plan;
``(2) the degree of flexibility afforded by the State
educational agency to charter schools under the State's
charter schools law;
``(3) the ambitiousness of the objectives for the State
charter school grant program;
``(4) the quality of the strategy for assessing achievement
of those objectives;
``(5) the likelihood that the charter school grant program
will meet those objectives and improve educational results
for students;
``(6) the number of high quality charter schools created
under this part in the State; and
``(7) in the case of State educational agencies that
propose to use grant funds to support dissemination
activities under section 4202(c)(2)(C), the quality of those
activities and the likelihood that those activities will
improve student academic achievement.
``(b) Selection Criteria for Eligible Applicants.--The
Secretary shall award grants to eligible applicants under
this part on the basis of the quality of the applications
submitted under section 4203(c), after taking into
consideration such factors as--
``(1) the quality of the proposed curriculum and
instructional practices;
``(2) the degree of flexibility afforded by the State
educational agency and, if applicable, the local educational
agency to the charter school;
``(3) the extent of community support for the application;
``(4) the ambitiousness of the objectives for the charter
school;
``(5) the quality of the strategy for assessing achievement
of those objectives;
``(6) the likelihood that the charter school will meet
those objectives and improve educational results for
students; and
``(7) in the case of an eligible applicant that proposes to
use grant funds to support dissemination activities under
section 4202(c)(2)(C), the quality of those activities and
the likelihood that those activities will improve student
achievement.
``(c) Peer Review.--The Secretary, and each State
educational agency receiving a grant under this part, shall
use a peer review process to review applications for
assistance under this part.
``(d) Diversity of Projects.--The Secretary and each State
educational agency receiving a grant under this part, shall
award subgrants under this part in a manner that, to the
extent possible, ensures that such grants and subgrants--
``(1) are distributed throughout different areas of the
Nation and each State, including urban and rural areas; and
``(2) will assist charter schools representing a variety of
educational approaches, such as approaches designed to reduce
school size.
``(e) Waivers.--The Secretary may waive any statutory or
regulatory requirement over which the Secretary exercises
administrative authority except any such requirement relating
to the elements of a charter school described in section
4210(1), if--
``(1) the waiver is requested in an approved application
under this part; and
``(2) the Secretary determines that granting such a waiver
will promote the purpose of this part.
``(f) Use of Funds.--
``(1) State educational agencies.--Each State educational
agency receiving a grant under this part shall use such grant
funds to award subgrants to one or more eligible applicants
in the State to enable such applicant to plan and implement a
charter school in accordance with this part, except that the
State educational agency may reserve not more than 10 percent
of the grant funds to support dissemination activities
described in paragraph (6).
``(2) Eligible applicants.--Each eligible applicant
receiving funds from the Secretary or a State educational
agency shall use such funds to plan and implement a charter
school, or to disseminate information about the charter
school and successful practices in the charter school, in
accordance with this part.
``(3) Allowable activities.--An eligible applicant
receiving a grant or subgrant under this part may use the
grant or subgrant funds only for--
``(A) post-award planning and design of the educational
program, which may include--
``(i) refinement of the desired educational results and of
the methods for measuring progress toward achieving those
results; and
[[Page H2490]]
``(ii) professional development of teachers and other staff
who will work in the charter school; and
``(B) initial implementation of the charter school, which
may include--
``(i) informing the community about the school;
``(ii) acquiring necessary equipment and educational
materials and supplies;
``(iii) acquiring or developing curriculum materials; and
``(iv) other initial operational costs that cannot be met
from State or local sources.
``(4) Administrative expenses.--Each State educational
agency receiving a grant pursuant to this part may reserve
not more than 5 percent of such grant funds for
administrative expenses associated with the charter school
grant program assisted under this part. A local educational
agency may not deduct funds for administrative fees or
expenses from a subgrant awarded to an eligible applicant.
``(5) Revolving loan funds.--Each State educational agency
receiving a grant pursuant to this part may reserve not more
than 10 percent of the grant amount for the establishment of
a revolving loan fund. Such fund may be used to make loans to
eligible applicants that have received a subgrant under this
part, under such terms as may be determined by the State
educational agency, for the initial operation of the charter
school grant program of such recipient until such time as the
recipient begins receiving ongoing operational support from
State or local financing sources.
``(6) Dissemination.--
``(A) In general.--A charter school may apply for funds
under this part, whether or not the charter school has
applied for or received funds under this part for planning,
program design, or implementation, to carry out the
activities described in subparagraph (B) if the charter
school has been in operation for at least 3 consecutive years
and has demonstrated overall success, including--
``(i) substantial progress in improving student academic
achievement;
``(ii) high levels of parent satisfaction; and
``(iii) the management and leadership necessary to overcome
initial start-up problems and establish a thriving,
financially viable charter school.
``(B) Activities.--A charter school described in
subparagraph (A) may use funds reserved under paragraph (1)
to assist other schools in adapting the charter school's
program (or certain aspects of the charter school's program),
or to disseminate information about the charter school,
through such activities as--
``(i) assisting other individuals with the planning and
start-up of one or more new public schools, including charter
schools, that are independent of the assisting charter school
and the assisting charter school's developers, and that agree
to be held to at least as high a level of accountability as
the assisting charter school;
``(ii) developing partnerships with other public schools,
including charter schools, designed to improve student
academic achievement in each of the schools participating in
the partnership;
``(iii) developing curriculum materials, academic
assessments, and other materials that promote increased
student academic achievement and are based on successful
practices within the assisting charter school; and
``(iv) conducting evaluations and developing materials that
document the successful practices of the assisting charter
school and that are designed to improve student academic
achievement in other schools.
``(g) Tribally Controlled Schools.--Each State that
receives a grant under this part and designates a tribally
controlled school as a charter school shall not consider
payments to a school under the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2507) in determining--
``(1) the eligibility of the school to receive any other
Federal, State, or local aid; or
``(2) the amount of such aid.
``SEC. 4205. NATIONAL ACTIVITIES.
``(a) In General.--The Secretary shall reserve for each
fiscal year the greater of 5 percent or $5,000,000 of the
amount appropriated to carry out this part, except that in no
fiscal year shall the total amount so reserved exceed
$8,000,000, to carry out the following activities:
``(1) To provide charter schools, either directly or
through State educational agencies, with--
``(A) information regarding--
``(i) Federal funds that charter schools are eligible to
receive; and
``(ii) other Federal programs in which charter schools may
participate; and
``(B) assistance in applying for Federal education funds
that are allocated by formula, including assistance with
filing deadlines and submission of applications.
``(2) To provide for other evaluations or studies that
include the evaluation of the impact of charter schools on
student academic achievement, including information
regarding--
``(A) students attending charter schools reported on the
basis of race, age, disability, gender, limited English
proficiency, and previous enrollment in public school; and
``(B) the professional qualifications of teachers within a
charter school and the turnover of the teaching force.
``(3) To provide--
``(A) information to applicants for assistance under this
part;
``(B) assistance to applicants for assistance under this
part with the preparation of applications under section 4203;
``(C) assistance in the planning and startup of charter
schools;
``(D) training and technical assistance to existing charter
schools; and
``(E) for the dissemination to other public schools of best
or promising practices in charter schools.
``(4) To provide (including through the use of one or more
contracts that use a competitive bidding process) for the
collection of information regarding the financial resources
available to charter schools, including access to private
capital, and to widely disseminate to charter schools any
such relevant information and model descriptions of
successful programs.
``(b) Construction.--Nothing in this section shall be
construed to require charter schools to collect any data
described in subsection (a).
``SEC. 4206. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND
FOR SUCCESSIVE ENROLLMENT EXPANSIONS.
``(a) In General.--For purposes of the allocation to
schools by the States or their agencies of funds under part A
of title I, and any other Federal funds which the Secretary
allocates to States on a formula basis, the Secretary and
each State educational agency shall take such measures as are
necessary to ensure that every charter school receives the
Federal funding for which the charter school is eligible not
later than 5 months after the charter school first opens,
notwithstanding the fact that the identity and
characteristics of the students enrolling in that charter
school are not fully and completely determined until that
charter school actually opens. The measures similarly shall
ensure that every charter school expanding its enrollment in
any subsequent year of operation receives the Federal funding
for which the charter school is eligible not later than 5
months after such expansion.
``(b) Adjustment and Late Openings.--
``(1) In general.--The measures described in subsection (a)
shall include provision for appropriate adjustments, through
recovery of funds or reduction of payments for the succeeding
year, in cases where payments made to a charter school on the
basis of estimated or projected enrollment data exceed the
amounts that the school is eligible to receive on the basis
of actual or final enrollment data.
``(2) Rule.--For charter schools that first open after
November 1 of any academic year, the State, in accordance
with guidance provided by the Secretary and applicable
Federal statutes and regulations, shall ensure that such
charter schools that are eligible for the funds described in
subsection (a) for such academic year have a full and fair
opportunity to receive those funds during the charter
schools' first year of operation.
``SEC. 4207. SOLICITATION OF INPUT FROM CHARTER SCHOOL
OPERATORS.
``To the extent practicable, the Secretary shall ensure
that administrators, teachers, and other individuals directly
involved in the operation of charter schools are consulted in
the development of any rules or regulations required to
implement this part, as well as in the development of any
rules or regulations relevant to charter schools that are
required to implement part A of title I, the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.), or any
other program administered by the Secretary that provides
education funds to charter schools or regulates the
activities of charter schools.
``SEC. 4208. RECORDS TRANSFER.
``State educational agencies and local educational
agencies, to the extent practicable, shall ensure that a
student's records and, if applicable, a student's
individualized education program as defined in section
602(11) of the Individuals with Disabilities Education Act
(20 U.S.C. 1401(11)), are transferred to a charter school
upon the transfer of the student to the charter school, to
another public school upon the transfer of the student from a
charter school to another public school, and to a private
school upon the transfer of the student from a charter or
public school to the private school (with the written consent
of a parent of the student), in accordance with applicable
State law.
``SEC. 4209. PAPERWORK REDUCTION.
``To the extent practicable, the Secretary and each
authorized public chartering agency shall ensure that
implementation of this part results in a minimum of paperwork
for any eligible applicant or charter school.
``SEC. 4210. DEFINITIONS.
``As used in this part:
``(1) The term `charter school' means a public school
that--
``(A) in accordance with a specific State statute
authorizing the granting of charters to schools, is exempted
from significant State or local rules that inhibit the
flexible operation and management of public schools, but not
from any rules relating to the other requirements of this
paragraph;
``(B) is created by a developer as a public school, or is
adapted by a developer from an existing public school, and is
operated under public supervision and direction;
``(C) operates in pursuit of a specific set of educational
objectives determined by the school's developer and agreed to
by the authorized public chartering agency;
``(D) provides a program of elementary or secondary
education, or both;
``(E) is nonsectarian in its programs, admissions policies,
employment practices, and all other operations, and is not
affiliated with a sectarian school or religious institution;
``(F) does not charge tuition;
``(G) complies with the Age Discrimination Act of 1975,
title VI of the Civil Rights Act of 1964, title IX of the
Education Amendments of 1972, section 504 of the
Rehabilitation Act of 1973, and part B of the Individuals
with Disabilities Education Act;
``(H) is a school to which parents choose to send their
children, and that admits students on the basis of a lottery,
or in another nondiscriminatory manner consistent with State
law, if more students apply for admission than can be
accommodated;
[[Page H2491]]
``(I) agrees to comply with the same Federal and State
audit requirements as do other elementary and secondary
schools in the State, unless such requirements are
specifically waived for the purpose of this program;
``(J) meets all applicable Federal, State, and local health
and safety requirements;
``(K) operates in accordance with State law; and
``(L) has a written performance contract with the
authorized public chartering agency in the State that
includes a description of how student academic achievement
will be measured in charter schools pursuant to State
academic assessments that are required of other schools and
pursuant to any other assessments mutually agreeable to the
authorized public chartering agency and the charter school.
``(2) The term `developer' means an individual or group of
individuals (including a public or private nonprofit
organization), which may include teachers, administrators and
other school staff, parents, or other members of the local
community in which a charter school project will be carried
out.
``(3) The term `eligible applicant' means a developer that
has--
``(A) applied to an authorized public chartering authority;
and
``(B) provided adequate and timely notice to that authority
under section 4203(d)(3).
``(4) The term `authorized public chartering agency' means
a State educational agency, local educational agency, or
other public entity that has the authority pursuant to State
law and approved by the Secretary to authorize or approve a
charter school.
``SEC. 4211. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are
authorized to be appropriated $225,000,000 for fiscal year
2002 and such sums as may be necessary for each of the 4
succeeding fiscal years.''.
SEC. 412. CONTINUATION OF AWARDS.
Notwithstanding any other provision of this Act, any person
or agency that was awarded a grant or subgrant under subpart
1 of part C of title X (20 U.S.C. 8061 et seq.) prior to the
date of the enactment of this Act shall continue to receive
funds in accordance with the terms of such award until the
date on which the award period terminates under such terms.
PART C--MAGNET SCHOOLS ASSISTANCE; WOMEN'S EDUCATIONAL EQUITY
SEC. 421. MAGNET SCHOOLS ASSISTANCE.
Title IV, as amended by sections 401 and 411, is further
amended by adding at the end the following:
``PART C--MAGNET SCHOOLS ASSISTANCE; WOMEN'S EDUCATIONAL EQUITY
``Subpart 1--Magnet Schools Assistance
``SEC. 4301. FINDINGS.
``The Congress finds as follows:
``(1) Magnet schools are a significant part of the Nation's
efforts to achieve voluntary desegregation in our schools.
``(2) The use of magnet schools has increased dramatically
since the inception of the magnet schools assistance program
under this Act, with approximately 2,000,000 students
nationwide attending such schools, of whom more than 65
percent are non-white.
``(3) Magnet schools offer a wide range of distinctive
programs that have served as models for school improvement
efforts.
``(4) It is in the best interests of the United States--
``(A) to continue the Federal Government's support of local
educational agencies that are implementing court-ordered
desegregation plans and local educational agencies that are
voluntarily seeking to foster meaningful interaction among
students of different racial and ethnic backgrounds,
beginning at the earliest stage of such students' education;
``(B) to ensure that all students have equitable access to
a quality education that will prepare them to function well
in a highly competitive economy;
``(C) to maximize the ability of local educational agencies
to plan, develop, implement, and continue effective and
innovative magnet schools that contribute to State and local
systemic reform; and
``(D) to ensure that grant recipients provide adequate data
that demonstrate an ability to improve student academic
achievement.
``SEC. 4302. STATEMENT OF PURPOSE.
``The purpose of this part is to assist in the
desegregation of schools served by local educational agencies
by providing financial assistance to eligible local
educational agencies for--
``(1) the elimination, reduction, or prevention of minority
group isolation in elementary and secondary schools with
substantial proportions of minority students;
``(2) the development and implementation of magnet school
projects that will assist local educational agencies in
achieving systemic reforms and providing all students the
opportunity to meet challenging State academic content
standards and student academic achievement standards;
``(3) the development and design of innovative educational
methods and practices that promote diversity and increase
choices in public elementary and secondary schools and
educational programs; and
``(4) courses of instruction within magnet schools that
will substantially strengthen the knowledge of academic
subjects and the grasp of tangible and marketable vocational
and technical skills of students attending such schools.
``SEC. 4303. 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. 4304. DEFINITION.
``For the purpose of this part, the term `magnet school'
means a public elementary or secondary school or public
elementary or secondary education center that offers a
special curriculum capable of attracting substantial numbers
of students of different racial backgrounds.
``SEC. 4305. ELIGIBILITY.
``A local educational agency, or consortium of such
agencies where appropriate, is eligible to receive assistance
under this part to carry out the purpose of this part if such
agency or consortium--
``(1) is implementing a plan undertaken pursuant to a final
order issued by a court of the United States, or a court of
any State, or any other State agency or official of competent
jurisdiction, that requires the desegregation of minority-
group-segregated children or faculty in the elementary and
secondary schools of such agency; or
``(2) without having been required to do so, has adopted
and is implementing, or will, if assistance is made available
to such local educational agency or consortium of such
agencies under this part, adopt and implement a plan that has
been approved by the Secretary as adequate under title VI of
the Civil Rights Act of 1964 for the desegregation of
minority-group-segregated children or faculty in such
schools.
``SEC. 4306. 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 academic achievement in the
instructional area or areas offered by the school;
``(C) how an applicant will continue the magnet school
project after assistance under this part is no longer
available, including, if applicable, an explanation of why
magnet schools established or supported by the applicant with
funds under this part cannot be continued without the use of
funds under this part;
``(D) how funds under this part will be used to improve
student academic performance for all students attending the
magnet schools; and
``(E) the criteria to be used in selecting students to
attend the proposed magnet school projects; and
``(2) assurances that the applicant will--
``(A) use funds under this part for the purpose specified
in section 4302;
``(B) employ fully qualified teachers in the courses of
instruction assisted under this part;
``(C) not engage in discrimination based on race, religion,
color, national origin, sex, or disability in--
``(i) the hiring, promotion, or assignment of employees of
the agency or other personnel for whom the agency has any
administrative responsibility;
``(ii) the assignment of students to schools, or to courses
of instruction within the school, of such agency, except to
carry out the approved plan; and
``(iii) designing or operating extracurricular activities
for students;
``(D) carry out a high-quality education program that will
encourage greater parental decisionmaking and involvement;
and
``(E) give students residing in the local attendance area
of the proposed magnet school projects equitable
consideration for placement in those projects.
``SEC. 4307. PRIORITY.
``In approving applications under this part, the Secretary
shall give priority to applicants that--
``(1) demonstrate the greatest need for assistance, based
on the expense or difficulty of effectively carrying out an
approved desegregation plan and the projects for which
assistance is sought;
``(2) propose to carry out new magnet school projects, or
significantly revise existing magnet school projects; and
``(3) propose to select students to attend magnet school
projects by methods such as lottery, rather than through
academic examination.
``SEC. 4308. USE OF FUNDS.
``(a) In General.--Grant funds made available under this
part may be used by an eligible local educational agency or
consortium of such agencies--
``(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered at
magnet schools;
``(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance and
operation thereof, necessary for the conduct of programs in
magnet schools;
``(3) for the payment, or subsidization of the
compensation, of elementary and secondary school teachers who
are fully qualified, and instructional staff where
applicable, who are necessary for the conduct of programs in
magnet schools;
[[Page H2492]]
``(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 purpose of this part; and
``(5) for activities, which may include professional
development, that will build the recipient's capacity to
operate magnet school programs once the grant period has
ended.
``(b) Special Rule.--Grant funds under this part may be
used in accordance with paragraphs (2) and (3) of subsection
(a) only if the activities described in such paragraphs are
directly related to improving the students' academic
performance based on the State's challenging academic content
standards and student academic achievement standards or
directly related to improving the students' reading skills or
knowledge of mathematics, science, history, geography,
English, foreign languages, art, or music, or to improving
vocational and technical skills.
``SEC. 4309. PROHIBITIONS.
``(a) Transportation.--Grants under this part may not be
used for transportation or any activity that does not augment
academic improvement.
``(b) Planning.--A local educational agency shall not
expend funds under this part after the third year that such
agency receives funds under this part for such project.
``SEC. 4310. LIMITATIONS.
``(a) Duration of Awards.--A grant under this part shall be
awarded for a period that shall not exceed three fiscal
years.
``(b) Limitation on Planning Funds.--A local educational
agency may expend for planning not more than 50 percent of
the funds received under this part for the first year of the
project, 15 percent of such funds for the second such year,
and 10 percent of such funds for the third such year.
``(c) Amount.--No local educational agency or consortium
awarded a grant under this part shall receive more than
$4,000,000 under this part in any one fiscal year.
``(d) Timing.--To the extent practicable, the Secretary
shall award grants for any fiscal year under this part not
later than July 1 of the applicable fiscal year.
``SEC. 4311. EVALUATIONS.
``(a) Reservation.--The Secretary may reserve not more than
2 percent of the funds appropriated under section 4312(a) for
any fiscal year to carry out evaluations, technical
assistance, and dissemination projects with respect to magnet
school projects and programs assisted under this part.
``(b) Contents.--Each evaluation described in subsection
(a), at a minimum, shall address--
``(1) how and the extent to which magnet school programs
lead to educational quality and improvement;
``(2) the extent to which magnet school programs enhance
student access to quality education;
``(3) the extent to which magnet school programs lead to
the elimination, reduction, or prevention of minority group
isolation in elementary and secondary schools with
substantial proportions of minority students; and
``(4) the extent to which magnet school programs differ
from other school programs in terms of the organizational
characteristics and resource allocations of such magnet
school programs.
``SEC. 4312. 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 2002 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.''.
SEC. 422. WOMEN'S EDUCATIONAL EQUITY.
(a) Transfer and Redesignation.--Part B of title V (20
U.S.C. 7231 et seq.) is transferred and redesignated as
subpart 2 of part C of title IV. Sections 5201 through 5208
are redesignated as sections 4321 through 4328, respectively.
(b) Report.--Section 4326 (as so redesignated) is amended
by striking ``January 1, 1999,'' and inserting ``January 1,
2005,''.
(c) Evaluation and Dissemination.--Section 4327(a) (as so
redesignated) is amended--
(1) by striking ``14701,'' and inserting ``8651,''; and
(2) by striking ``January 1, 1998.'' and inserting
``January 1, 2004.''.
(d) Reauthorization.--Section 4328 (as so redesignated) is
amended by striking ``$5,000,000 for fiscal year 1995 and
such sums as may be necessary for each of the four succeeding
fiscal years,'' and inserting ``$3,000,000 for fiscal year
2002 and such sums as may be necessary for each of the four
succeeding fiscal years,''.
(e) Other Conforming Amendments.--
(1) Short title.--Section 4321(a) (as so redesignated) is
amended to read as follows:
``(a) Short Title.--This subpart may be cited as the
`Women's Educational Equity Act of 2001'.''.
(2) References.--Subpart 2 of part C of title IV (as so
redesignated) is amended--
(A) by striking ``this part'' each place such term appears
and inserting ``this subpart''; and
(B) by striking ``5203(b)'' each place such term appears
and inserting ``4423(b)''.
SEC. 423. CONTINUATION OF AWARDS.
Notwithstanding any other provision of this Act, any person
or agency that was awarded a grant under part A of title V
(20 U.S.C. 7201 et seq.), or a grant, contract, or
cooperative agreement under part B of such title (20 U.S.C.
7231 et seq.), prior to the date of the enactment of this Act
shall continue to receive funds in accordance with the terms
of such award until the date on which the award period
terminates under such terms.
TITLE V--21ST CENTURY SCHOOLS
SEC. 501. SAFE SCHOOLS.
Title V, except part B (which is transferred and
redesignated as subpart 2 of part C of title IV by section
422(a) of this Act) is amended to read as follows:
``TITLE V--21ST CENTURY SCHOOLS
``PART A--SUPPORTING VIOLENCE AND DRUG PREVENTION AND ACADEMIC
ENRICHMENT
``SEC. 5001. SHORT TITLE.
``This part may be cited as the `21st Century Schools Act
of 2001'.
``SEC. 5002. PURPOSE.
``The purpose of this part is to support programs that
prevent the use of illegal drugs, prevent violence, provide
quality before and after school activities and supervision
for school age youth, involve parents and communities, and
are coordinated with related Federal, State, and community
efforts and resources to foster a safe and drug-free learning
environment in which students increase their academic
achievement, through the provision of Federal assistance to--
``(1) States for grants to local educational agencies and
consortia of such agencies to establish, operate, and improve
local programs of drug and violence prevention in elementary
and secondary schools;
``(2) States for grants to local educational agencies,
community-based organizations, and other public entities and
private organizations, for before and after school programs
for youth; and
``(3) States and public and private nonprofit and for-
profit organizations to conduct training, demonstrations, and
evaluations.
``SEC. 5003. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated--
``(1) $475,000,000 for fiscal year 2002, and such sums as
may be necessary for each of the 4 succeeding fiscal years,
for State grants under subpart 1;
``(2) $900,000,000 for fiscal year 2002, and such sums as
may be necessary for each of the four succeeding fiscal
years, for State grants under subpart 2; and
``(3) $60,000,000 for fiscal year 2002, and for each of the
4 succeeding fiscal years, for national programs under
subpart 3.
``Subpart 1--Safe Schools
``SEC. 5111. RESERVATIONS AND ALLOTMENTS.
``(a) Reservations.--From the amount made available under
section 5003(1) to carry out this subpart for each fiscal
year, the Secretary--
``(1) shall reserve 1 percent or $4,750,000 (whichever is
greater) of such amount for grants to Guam, American Samoa,
the United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands, to be allotted in accordance with
the Secretary's determination of their respective needs and
to carry out programs described in this subpart;
``(2) shall reserve 1 percent or $4,750,000 (whichever is
greater) of such amount for the Secretary of the Interior to
carry out programs described in this subpart for Indian
youth;
``(3) shall reserve 0.2 percent of such amount for Native
Hawaiians to be used to carry out programs described in this
subpart;
``(4) notwithstanding section 3 of the Leave No Child
Behind Act of 2001, shall reserve an amount necessary to make
continuation grants to grantees under part I of title X of
this Act (under the terms of those grants), as such part
existed on the day before the effective date of the Leave No
Child Behind Act of 2001; and
``(5) notwithstanding section 3 of the Leave No Child
Behind Act of 2001, shall reserve an amount necessary to make
continuation grants to grantees under the Safe Schools/
Healthy Students initiative (under the terms of those
grants), as it existed on the day before the date of the
effective date of the Leave No Child Behind Act of 2001.
``(b) State Allotments.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary, for each fiscal year, shall allocate among the
States--
``(A) one-half of the remainder not reserved under
subsection (a) according to the ratio between the school-aged
population of each State and the school-aged population of
all the States; and
``(B) one-half of such remainder according to the ratio
between the amount each State received under part A of title
I for the preceding year 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.
``(c) Reallotment of Unused Funds.--If any State does not
apply for an allotment under this subpart for a fiscal year,
the Secretary shall reallot the amount of the State's
allotment to the remaining States in accordance with this
section.
``(d) Definition.--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.
``SEC. 5112. RESERVATION OF STATE FUNDS FOR SAFE SCHOOLS.
``(a) State Reservation for the Governor.--
[[Page H2493]]
``(1) In general.--The chief executive officer of a State
may reserve not more than 20 percent of the total amount
allocated to a State under section 5111(b) for each fiscal
year to award competitive grants and contracts to local
educational agencies, community-based organizations, and
other public entities and private organizations for programs
or activities to support community efforts that complement
activities of local educational agencies described in section
5115. Such officer shall award grants based on--
``(A) the quality of the activity or program proposed; and
``(B) how the program or activity is aligned with the
appropriate principles of effectiveness described in section
5114(a).
``(2) Special consideration.--In awarding funds under
subparagraph (A), a chief executive officer shall give
special consideration to grantees that pursue a comprehensive
approach to drug and violence prevention by providing and
incorporating mental health services in their programs.
``(3) Administrative costs.--The chief executive officer of
a State may use not more than 1 percent of the amount
described in subparagraph (A) for the administrative costs
incurred in carrying out the duties of such officer under
this section.
``(b) State Funds.--
``(1) Additional reservations.--Each State shall reserve an
amount equal to the total amount allotted to a State under
section 5111(b), less the amount reserved under subsection
(a) and paragraphs (2) and (3) of this subsection, for each
fiscal year for its local educational agencies.
``(2) State activities.--A State may use not more than 4
percent of the total amount available under subsection (a)
for State activities described in subsection (c).
``(3) State administration.--A State may use not more than
1 percent of the amount made available under subsection (a)
for the administrative costs of carrying out its
responsibilities under this subpart.
``(c) Activities.--
``(1) In general.--A State shall use a portion of the funds
described in subsection (b)(2), either directly, or through
grants and contracts, to plan, develop, and implement
capacity building, technical assistance, evaluation, program
improvement services, and coordination activities for local
educational agencies, community-based organizations, other
public entities, and private organizations that are designed
to support the implementation of programs and activities
under this subpart.
``(2) Data collection.--
``(A) Statistics.--A State may use a portion of the funds,
not to exceed 20 percent, described in subsection (b)(2),
either directly or through grants and contracts, to establish
and implement a statewide system of collecting data regarding
statistics on--
``(i) truancy rates; and
``(ii) the frequency, seriousness, and incidence of
violence and drug related offenses resulting in suspensions
and expulsion in elementary and secondary schools in States.
``(B) Compilation of statistics.--The statistics shall be
compiled in accordance with definitions as determined in the
State criminal code, but shall not identify victims of crimes
or persons accused of crimes. The collected data shall
include, incident reports by school officials, anonymous
student surveys, and anonymous teacher surveys.
``(C) Reporting.--Such data and statistics shall be
reported to the public and shall be reported on a school-by-
school basis.
``(D) Limitation.--Nothing in this subsection shall be
construed to authorize the Secretary to require particular
policies, procedures, or practices with respect to crimes on
school property or school security.
``(3) Safe schools.--The State shall establish and
implement a statewide policy requiring that students
attending persistently dangerous public elementary and
secondary schools, as determined by the State, or who become
a victim of a violent criminal offense, as defined by State
law, while in or on the grounds of a public elementary school
or secondary school that the student attends, be allowed to
attend a safe public elementary or secondary school, within
the local educational agency, including a public charter
school and allowing payment of reasonable transportation
costs and tuition costs for such students.
``SEC. 5113. STATE APPLICATION.
``(a) In General.--In order to receive an allotment under
section 5111 for any fiscal year, a State shall submit to the
Secretary, at such time as the Secretary may require, an
application that--
``(1) describes the activities to be funded under section
5112(c);
``(2) describes how activities funded under this subpart
will support State academic achievement standards in
accordance with section 1111;
``(3) describes how funds under this subpart will be
coordinated with programs under this Act, and other programs,
as appropriate, in accordance with the provisions of section
8306;
``(4) provides an assurance that the application was
developed in consultation and coordination with appropriate
State officials and others, including the chief executive
officer, the chief State school officer, the head of the
State alcohol and drug abuse agency, the heads of the State
health and mental health agencies, the head of the State
criminal justice planning agency, the head of the State child
welfare agency, the head of the State board of education, or
their designees, and representatives of parents, students,
and community-based organizations;
``(5) provides an assurance that the State will cooperate
with, and assist, the Secretary in conducting data collection
as required by section 5116(a);
``(6) provides an assurance that the local educational
agencies in the State will comply with the provisions of
section 8503 pertaining to the participation of private
school children and teachers in the programs and activities
under this subpart;
``(7) provides an assurance that funds under this subpart
will be used to increase the level of State, local, and other
non-Federal funds that would, in the absence of funds under
this subpart, be made available for programs and activities
authorized under this subpart, and in no case supplant such
State, local, and other non-Federal funds;
``(8) describes the results of the State's needs and
resources assessment for violence and illegal drug use
prevention which shall be based on the results of on-going
evaluation (which may include data on the incidence and
prevalence, age of onset, perception of health risk and
perception of social disapproval of violence and illegal drug
use by youth in schools and communities and the prevalence of
risk and protective factors or other scientifically based
research variables in the school and community);
``(9)(A) provides a statement of the State's performance
measures for drug and violence prevention programs and
activities to be funded under this part that shall be
developed in consultation between the State and local
officials and that consist of--
``(i) performance indicators for drug and violence
prevention programs and activities; and
``(ii) levels of performance for each performance
indicator;
``(B) a description of the procedures the State will use
for assessing and publicly reporting progress toward meeting
those performance measures; and
``(C) a plan for monitoring the implementation of, and
providing technical assistance regarding, the activities and
programs conducted by local educational agencies, community-
based organizations, other public entities, and private
organizations under this subpart;
``(10) provides an assurance that the State will consult
with a representative sample of local educational agencies in
the development of the definition of `persistently dangerous
school' for the purposes of section 5112(c)(3);
``(11) provides a description of how the State defines
`persistently dangerous school' for the purposes of section
5112(c)(3); and
``(12) provides an assurance that the State application
will be available for public review after submission of the
application.
``(b) General Approval.--A State application submitted
pursuant to subsection (a) shall be deemed to be approved by
the Secretary unless the Secretary makes a written
determination, prior to the expiration of the 90-day period
beginning on the date that the Secretary receives the
application, that the application is in violation of this
subpart.
``(c) Disapproval.--The Secretary shall not finally
disapprove a State application, except after giving the State
notice and opportunity for a hearing.
``SEC. 5114. FORMULA GRANT PROGRAM.
``(a) In General.--
``(1) Funds to local educational agencies.--A State shall
provide the amount made available to the State under this
subpart, less the amounts reserved under sections 5111 and
5112 to local educational agencies for drug and violence
prevention and education as follows:
``(A) 60 percent of such amount based on the relative
amount such agencies received under part A of title I for the
preceding fiscal year.
``(B) 40 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.
``(2) Administrative costs.--Of the amount received under
paragraph (1), a local educational agency may use not more
than 1 percent for the administrative costs of carrying out
its responsibilities under this subpart.
``(3) Return of funds to state; reallocation.--
``(A) Return.--Except as provided in subparagraph (B), upon
the expiration of the 1-year period beginning on the date
that a local educational agency receives its allocation--
``(i) such agency shall return to the State any funds from
such allocation that remain unobligated; and
``(ii) the State shall reallocate any such amount to local
educational agencies that have submitted plans for using such
amount for programs or activities on a timely basis.
``(B) Carryover.--In any fiscal year, a local educational
agency, may retain for obligation in the succeeding fiscal
year--
``(i) an amount equal to not more than 25 percent of the
allocation it received under this subpart for such fiscal
year; or
``(ii) upon a demonstration of good cause by such agency
and approval by the State, an amount that exceeds 25 percent
of such allocation.
``(b) Eligibility.--To be eligible to receive a subgrant
under this subpart, a local educational agency desiring a
subgrant shall submit an application to the State. Such an
application shall be amended, as necessary, to reflect
changes in the activities and programs of the local
educational agency.
``(c) Development.--
``(1) Consultation.--
``(A) In general.--A local educational agency shall develop
its application through timely and meaningful consultation
with State and local government representatives,
representatives of schools to be served, school personnel,
and community organizations with relevant and demonstrated
expertise in drug and violence prevention activities,
students and parents.
``(B) Continued consultation.--On an ongoing basis, the
local educational agency shall
[[Page H2494]]
consult with such representatives and organizations in order
to seek advice regarding how best to coordinate such agency's
activities under this subpart with other related strategies,
programs, and activities being conducted in the community.
``(2) Design and development.--To ensure timely and
meaningful consultation, a local educational agency at the
initial stages of design and development of a program or
activity shall consult, in accordance with this subsection,
with appropriate entities and persons on issues regarding the
design and development of the program or activity, including
efforts to meet the principles of effectiveness described in
section 5115(a).
``(d) Contents of Applications.--
``(1) In general.--An application submitted by a local
educational agency under this section shall contain--
``(A) an assurance that the activities or programs to be
funded support State academic achievement goals in accordance
with section 1111;
``(B) a detailed explanation of the local educational
agency's comprehensive plan for drug and violence prevention,
which shall include a description of--
``(i) how the plan will be coordinated with programs under
this Act, other Federal, State, and local programs for drug
and violence prevention, in accordance with the provisions of
section 8306;
``(ii) the local educational agency's performance measures
for drug and violence prevention programs and activities,
that shall consist of--
``(I) performance indicators for drug and violence
prevention programs and activities; and
``(II) levels of performance for each performance
indicator;
``(iii) how such agency will assess and publicly report
progress toward attaining its performance measures;
``(iv) the drug and violence prevention activity or program
to be funded, including how the activity or program will meet
the principles of effectiveness described in section 5115(a),
and the means of evaluating such activity or program; and
``(v) how the services will be targeted to schools and
students with the greatest need;
``(C) a certification that a meaningful assessment has been
conducted to determine community needs (including
consultation with community leaders, businesses, and school
officials), available resources and capacity in the public
and private sector (which may include an analysis based on
data reasonably available at the time 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, prevalence of risk and
protective factors, buffers or assets, or other
scientifically based research variables in the school and
community), the findings of such assessments;
``(D) an assurance that funds under this subpart will be
used to increase the level of State, local, and other non-
Federal funds that would, in the absence of funds under this
subpart, be made available for programs and activities
authorized under this subpart, and in no case supplant such
State, local, and other non-Federal funds;
``(E) a description of the mechanisms used to provide
effective notice to the community of an intention to submit
an application under this title;
``(F) an assurance that drug prevention programs supported
under this part convey a clear and consistent message that
the illegal use of drugs is wrong and harmful;
``(G) an assurance that the local educational agency has
established and implemented a student code of conduct policy
that clearly states responsibilities of students, teachers,
and administrators in maintaining a classroom environment
that allows a teacher to communicate effectively with all
students in the class, that allows all students in the class
to learn, has consequences that are fair and appropriate for
violations, and is enforced equitably;
``(H) an assurance that the application and any waiver
request will be available for public review after submission
of the application; and
``(I) such other information and assurances as the State
may reasonably require.
``(2) General approval.--A local educational agency's
application submitted to the State under this subpart shall
be deemed to be approved by the State unless the State makes
a written determination, prior to the expiration of the 90-
day period beginning on the date that the State receives the
application, that the application is in violation of this
subpart.
``(3) Disapproval.--The State shall not finally disapprove
a local educational agency application, except after giving
such agency notice and an opportunity for a hearing.
``SEC. 5115. AUTHORIZED ACTIVITIES.
``(a) Principles of Effectiveness.--
``(1) In general.--For a program or activity developed
pursuant to this subpart to meet the principles of
effectiveness, such program or activity shall--
``(A) be based upon an assessment of objective data
regarding the incidence of violence and illegal drug use in
the elementary and secondary schools and communities to be
served, including an objective analysis of the current
conditions and consequences regarding violence and illegal
drug use, including delinquency and serious discipline
problems, among students who attend such schools (including
private school students who participate in the drug and
violence prevention program) that is based on ongoing local
assessment or evaluation activities;
``(B) be based upon an established set of performance
measures aimed at ensuring that the elementary and secondary
schools and communities to be served by the program have a
drug-free, safe, and orderly learning environment; and
``(C) be based upon scientifically based research that
provides evidence that the program to be used will reduce
violence and illegal drug use.
``(2) Periodic evaluation.--The program or activity shall
undergo a periodic evaluation to assess its progress toward
reducing violence and illegal drug use in schools to be
served based on performance measures described in section
5114(d)(1)(B)(ii) The results shall be used to refine,
improve, and strengthen the program, and to refine the
performance measures. The results shall also be made
available to the public upon request, with public notice of
such availability provided.
``(3) Waiver.--A local educational agency may apply to the
State for a waiver of the requirement of paragraph (1)(C) to
allow innovative activities or programs that demonstrate
substantial likelihood of success.
``(b) Local Educational Agency Activities.--
``(1) Program requirements.--A local educational agency
shall use funds made available under section 5114 to develop,
implement, and evaluate comprehensive programs and
activities, which are coordinated with other school and
community-based services and programs, that shall--
``(A) support State academic achievement goals in
accordance with section 1111;
``(B) be consistent with the principles of effectiveness
described in subsection (a);
``(C) be designed to--
``(i) prevent or reduce violence and illegal drug use,
delinquency, serious discipline problems, and poor academic
achievement and illegal drug use; and
``(ii) create a well disciplined environment conducive to
learning, which includes consultation between teachers,
principals, and other school personnel to identify early
warning signs of drug use and violence and to provide
behavioral interventions as part of classroom management
efforts; and
``(D) include activities to promote the involvement of
parents in the activity or program, to promote coordination
with community groups and coalitions, and government
agencies, and to distribute information about the local
educational agency's needs, goals, and programs under this
subpart.
``(2) Authorized activities.--Each local educational agency
or consortium of such agencies, that receives a subgrant
under this subpart may use such funds to carry out
activities, such as--
``(A) developmentally appropriate drug and violence
prevention programs in both elementary and secondary schools
that incorporate a variety of prevention strategies and
activities, which may include--
``(i) teaching students that most people do not use illegal
drugs;
``(ii) teaching students to recognize social and peer
pressure to use illegal drugs and the skills for resisting
illegal drug use;
``(iii) teaching students about the dangers of emerging
drugs;
``(iv) engaging students in the learning process;
``(v) incorporating activities in secondary schools that
reinforce prevention activities implemented in elementary
schools; and
``(vi) involving families and communities in setting clear
expectations against violence and illegal drug use and
enforcing appropriate consequences for violence and illegal
drug use;
``(B) training of school personnel and parents in youth
drug and violence prevention, including training in early
identification, intervention, and prevention of threatening
behavior;
``(C) community-wide strategies for reducing violence and
illegal drug use, and illegal gang activity;
``(D) to the extent that expenditures do not exceed 20
percent of the amount made available to a local educational
agency under this subpart, law enforcement and security
activities, including--
``(i) acquisition and installation of metal detectors;
``(ii) hiring and training of security personnel, that are
related to youth drug and violence prevention;
``(iii) reporting of criminal offenses on school property;
and
``(iv) development of comprehensive school security
assessments;
``(E) expanding and improving school-based mental health
services, including early identification of violence and
illegal drug use, assessment, and direct individual or group
counseling services provided to students, parents, and school
personnel by qualified school based mental health services
personnel;
``(F) establishing and maintaining peer mediation programs
that include educating and training peer mediators and a
designated faculty supervisor and purchasing necessary
materials to facilitate training and the mediation process;
``(G) alternative education programs or services that
reduce the need for suspensions or expulsions or programs or
services for students who have been expelled or suspended
from the regular educational settings, including programs or
services to assist students to reenter the regular education
setting upon return from treatment or alternative education
programs;
``(H) counseling, mentoring, and referral services, and
other student assistance practices and programs, including
assistance provided by qualified school based mental health
services personnel and the training of teachers by school-
based mental health service providers in appropriate
identification and intervention techniques for students, at
risk of violent behavior and drug use;
``(I) activities that reduce truancy;
``(J) age appropriate, developmentally based violence
prevention and education programs
[[Page H2495]]
that address the legal, health, personal, and social
consequences of illegal drug use and violent and disruptive
behavior 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;
``(K) providing guidance to students that encourages
students to seek advice for anxiety, threats of violence, or
actual violence and to confide in a trusted adult regarding
an uncomfortable or threatening situation;
``(L) the development of educational programs that prevent
school based crime, including preventing crimes motivated by
hate that result in acts of physical violence at school and
any programs or published materials that address school based
crime shall not recommend or require any action that abridges
or infringes upon the constitutionally protected rights of
free speech, religion, and equal protection of students,
their parents, or legal guardians;
``(M) testing students for illegal drug use or conducting
student locker searches for illegal drugs or drug
paraphernalia consistent with the 4th amendment to the
Constitution;
``(N) emergency intervention services following traumatic
crisis events, such as a shooting, major accident, or a drug-
related incident, that has disrupted the learning
environment;
``(O) establishing and implementing a system for
transferring suspension and expulsion records by a local
educational agency to any public or private elementary or
secondary school;
``(P) allowing students attending a persistently dangerous
public elementary or secondary school, as determined by the
State, or who become a victim of a violent criminal offense,
as defined by State law, while in or on the grounds of a
public elementary school or secondary school that the student
attends, to attend a safe public elementary or secondary
school, within the local educational agency, including a
public charter school, and allowing payment of reasonable
transportation costs and tuition costs for such students;
``(Q) the development and implementation of character
education and training programs that reflect values, that
take into account the views of parents or guardians of the
student for whom the program is intended, which may include
honesty, citizenship, courage, justice, respect, personal
responsibility, and trustworthiness;
``(R) establishing and maintaining a school violence
hotline;
``(S) activities to ensure students' safe travel to and
from school, including pedestrian and bicycle safety
education; and
``(T) the evaluation of any of the activities authorized
under this subsection and the collection of any data required
by this part.
``SEC. 5116. EVALUATION AND REPORTING.
``(a) Data Collection.--
``(1) In general.--The National Center for Education
Statistics shall report, and when appropriate, collect data
to determine the frequency, seriousness, and incidence of
illegal drug use and violence by youth in schools and
communities in the States, using if appropriate, data
submitted by the States pursuant to subsection (b).
``(2) Report.--The Secretary shall submit to the Congress a
report on the data collected under this subsection.
``(b) State Report.--
``(1) In general.--Not later than October 1, 2004, and
every third year thereafter, the chief executive officer of a
State, in consultation with the State educational agency,
shall submit to the Secretary a report on the implementation
and effectiveness of State and local programs under this
subpart.
``(2) Special rule.--The report required by this subsection
shall be--
``(A) based on the State's ongoing evaluation activities,
and shall include data on the prevalence of violence and
illegal drug use by youth in schools and communities; and
``(B) made available to the public upon request, with
public notice of such availability provided.
``(c) Local Educational Agency Report.--Each local
educational agency receiving funds under this subpart shall
submit to the State such information, and at such intervals
as the State reasonably requires to complete the State report
required by subsection (b), information on the prevalence of
violence and illegal drug use by youth in the schools and the
community and the progress of the local educational agency
toward meeting its performance measures. The report shall be
made available to the public upon request, with public notice
of such availability provided.
``Subpart 2--21st Century Schools
``SEC. 5121. STATE ALLOTMENTS FOR 21ST CENTURY SCHOOLS.
``(a) State Allotments.--
``(1) In general.--Except as provided in paragraph (2),
from the amount made available under section 5003(2) to carry
out this subpart for each fiscal year, the Secretary shall
allocate among the States--
``(A) one-half of such amount 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 amount according to the ratio
between the amount each State received under part A of title
I 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.
``(b) Reallotment of Unused Funds.--If any State does not
apply for an allotment under this subpart for a fiscal year,
the Secretary shall reallot the amount of the State's
allotment to the remaining States in accordance with this
section.
``(c) State Funds.--
``(1) In general.--Each State that receives a grant under
this subpart shall reserve an amount equal to the amount
allotted to such State under subsection (a), less the amount
reserved under paragraphs (2) and (3) of this subsection, for
each fiscal year for its local educational agencies.
``(2) State administration.--A State may use not more than
1 percent of the amount made available under subsection (a)
for the administrative costs of carrying out its
responsibilities under this subpart.
``(3) State activities.--A State may use not more than 4
percent of the amount made available under subsection (a) for
the following activities:
``(A) Monitoring and evaluation of programs and activities
assisted under this subpart.
``(B) Providing capacity building, training, and technical
assistance under this subpart.
``SEC. 5122. STATE APPLICATION.
``(a) In General.--In order to receive an allotment under
section 5121(a) for any fiscal year, a State shall submit to
the Secretary, at such time as the Secretary may require, an
application that--
``(1) designates the State educational agency as the agency
responsible for the administration and supervision of
programs assisted under this subpart;
``(2) describes the competitive procedures and criteria the
State will use to ensure that grants under this subpart will
support quality extended learning opportunities;
``(3) an assurance that the program will primarily target
schools eligible for schoolwide programs under section 1114;
``(4) describes the steps the State will take to ensure
that programs implement effective strategies, including
providing ongoing technical assistance and training,
evaluation, and dissemination of promising practices;
``(5) describe how activities funded under this subpart
will support State academic achievement goals in accordance
with section 1111;
``(6) describe how funds under this subpart will be
coordinated with programs under this Act, and other programs;
as appropriate, in accordance with the provisions of section
8306;
``(7) provides an assurance that funds under this subpart
will be used to increase the level of State, local, and other
non-Federal funds that would, in the absence of funds under
this subpart, be made available for programs and activities
authorized under this subpart; and in no case supplant such
State, local, and other non-Federal funds:
``(8) provides an assurance that the application was
developed in consultation and coordination with appropriate
State officials, including the chief State school officer,
the heads of the State health and mental health agencies or
their designees, representatives of teachers, parents,
students, the business community, and community-based
organizations, including religious organizations;
``(9) describes the results of the State's needs and
resources assessment for before and after school activities,
which shall be based on the results of on-going State
evaluation activities;
``(10) describes how the State will evaluate the
effectiveness of programs and activities carried out under
this subpart which shall include at a minimum--
``(A) a description of the performance indicators and
performance measures that will be used to evaluate programs
and activities; and
``(B) public dissemination of the evaluations of programs
and activities carried out under this subpart; and
``(11) provides for timely public notice of intent to file
application and an assurance that the application will be
available for public review after submission of the
application.
``(b) General Approval.--A State application submitted
pursuant to subsection (a) shall be deemed to be approved by
the Secretary unless the Secretary makes a written
determination, prior to the expiration of the 90-day period
beginning on the date that the Secretary receives the
application, that the application is in violation of this
subpart.
``(c) Disapproval.--The Secretary shall not finally
disapprove a State application, except after giving the State
notice and opportunity for a hearing.
``SEC. 5123. COMPETITIVE GRANT PROGRAM.
``(a) In General.--A State that receives funds under this
subpart shall provide the amount made available under section
5121 to eligible entities for 21st century community learning
programs in accordance with this subpart.
``(b) Eligibility.--
``(1) In general.--To be eligible to receive a subgrant
under this subpart, an eligible entity desiring a subgrant
shall submit an application to the State that contains--
``(A) a description of the before and after school activity
to be funded including--
``(i) an assurance that the program will take place in a
safe and easily accessible facility;
``(ii) a description of how students participating in the
center will travel safely to and from the community learning
center and back home; and
``(iii) a description of how the eligible applicant will
disseminate information about the project (including its
location) to the community in a manner that is understandable
and accessible.
``(B) a description of how the activity is expected to
improve student academic performance;
``(C) a description of how the activity will meet the
principles of effectiveness described in section 5124;
[[Page H2496]]
``(D) an assurance that the program will primarily target
students who attend schools eligible for schoolwide programs
under section 1114;
``(E) provides an assurance that funds under this subpart
will be used to increase the level of State, local, and other
non-Federal funds that would, in the absence of funds under
this subpart, be made available for programs and activities
authorized under this subpart; and in no case supplant such
State, local, and other non-Federal funds;
``(F) a description of the partnership with local
educational agency, a community-based organization, and
another public entity or private organization, if
appropriate;
``(G) a certification that a meaningful assessment has been
conducted to determine community needs, available resources
and capacity in the findings of such assessments, and a
description of the mechanisms used to provide effective
notice to the community of an intention to submit an
application under this subpart;
``(H) a description of the applicants experience, or
promise of success, in providing educational or related
activities that will compliment and enhance the student's
academic achievement;
``(I) an assurance that the applicant will develop a plan
to continue the activity after funding under this subpart
ends;
``(J) an assurance that the application and any waiver
request will be available for public review after submission
of the application; and
``(K) such other information and assurances as the State
may reasonably require.
``(2) Eligible entity.--An eligible entity under this
subpart is a local educational agency, community-based
organization, and other public entity or private organization
or a consortium of two or more of such groups.
``(c) Peer Review.--In reviewing local applications under
this section, a State shall use a peer review process or
other methods of assuring the quality of such applications.
``(d) Geographic Diversity.--To the extent practicable, a
State shall distribute funds equitably among geographic areas
within the State.
``(e) Duration of Awards.--Grants under this subpart may be
awarded for a period of not less than 3 years and not more
than 5 years.
``(f) Amount of Awards.--A grant awarded under this subpart
may not be made in an amount of less than $50,000.
``(g) Priority.--In making awards under this subpart, the
State shall give priority to applications submitted by
applicants proposing to target services to students who
attend schools that have been identified as in need of
improvement under section 1116.
``(h) Permissive Local Match.--
``(1) In general.--A State may require an eligible entity
to match funds awarded under this subpart, except that such
match may not exceed the amount of the grant award.
``(2) Sliding scale.--The amount of a match under paragraph
(1) shall be established based on a sliding fee scale that
takes into account--
``(A) the relative poverty of the population to be targeted
by the eligible entity; and
``(B) the ability of the eligible entity to obtain such
matching funds.
``(3) Consideration.--Notwithstanding this subsection, a
State shall not consider an eligible entity's ability to
match funds when determining which eligible entities will
receive subgrants under this subpart.
``SEC. 5124. LOCAL ACTIVITIES.
``(a) Principles of Effectiveness.--
``(1) In general.--For a program or activity developed
pursuant to this subpart to meet the principles of
effectiveness, such program or activity shall--
``(A) be based upon an assessment of objective data
regarding the need for before and after school programs and
activities in such schools and communities;
``(B) be based upon an established set of performance
measures aimed at ensuring the availability of quality
extended learning opportunities; and
``(C) if appropriate, be based upon scientifically based
research that provides evidence that the program will help
students meet State and local performance standards to be
used.
``(2) Periodic evaluation.--The program or activity shall
undergo a periodic evaluation to assess its progress toward
achieving its goal of providing quality extended learning
opportunities. The results shall be used to refine, improve,
and strengthen the program, and to refine the performance
measures. The results shall also be made available to the
public upon request, with public notice of such availability
provided.
``(3) Waiver.--A local educational agency may apply to the
State for a waiver of the requirement of paragraph (1)(C) to
allow innovative activities or programs that demonstrate
substantial likelihood of success.
``(b) Services.--Each eligible entity that receives a
subgrant under this subpart shall use such funds to establish
or expand activities in community learning centers that--
``(1) provide quality extended learning opportunities to
help students, particularly students who attend low-
performing schools, to meet State and local student
performance standards in the core academic subjects, such as
reading and mathematics; and
``(2) provide students with additional activities, such as
drug and violence prevention programs, art and music
programs, technology education programs, recreational
activity, and character education programs that are linked
to, and reinforce, the regular academic program of schools
those students attend.
``(c) Authorized Activities.--Each eligible entity that
receives a subgrant under this subpart may use such funds to
carry out activities, such as--
``(1) before and after school activities that advance
student achievement, including--
``(A) remedial education activities and academic enrichment
learning programs, including providing additional assistance
to students in order to allow them to improve their academic
achievement;
``(B) math and science education activities;
``(C) arts and music education activities;
``(D) entrepreneurial education programs;
``(E) tutoring services (including those provided by senior
citizen volunteers) and mentoring programs;
``(F) recreational activities;
``(G) telecommunications and technology education programs;
``(H) expanded library service hours;
``(I) programs that promote parental involvement; and
``(J) programs that provide assistance to students who have
been truant, suspended, or expelled to allow them to improve
their academic achievement; and
``(2) establishing or enhancing programs or initiatives
that improve academic achievement.
``(d) Definition.--For the purpose of this section, a
`community learning center' is an entity that assists
students to meet State and local content and student
performance standards in core academic subjects, such as
reading and mathematics, by providing them with quality
extended learning opportunities and related activities (such
as drug and violence-prevention programs, art and music
programs, recreational programs, technology education
programs, and character education programs) that are linked
to, and reinforce, the regular academic program of schools
attended by the students served and is operated by a local
educational agency, community-based organization, other
public entity or private organization or a consortium of two
or more such groups. Community learning centers shall operate
outside school hours, such as before or after school or when
school is not in session.
``Subpart 3--National Programs
``SEC. 5131. FEDERAL ACTIVITIES.
``(a) Program Authorized.--
``(1) In general.--From funds made available to carry out
this part under section 5003(3), 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 evaluate the effectiveness of
programs and activities that prevent violence and the illegal
use of drugs by youth, that promote safety and discipline for
students in elementary and secondary schools, and that
provide before and after school supervision and academic
enrichment, based on the needs reported by States and local
educational agencies.
``(2) Coordination.--The Secretary shall carry out
activities described in paragraph (1) directly, or through
grants, contracts, or cooperative agreements with public and
private nonprofit and for-profit organizations, and
individuals, or through agreements with other Federal
agencies, and shall coordinate such activities with other
appropriate Federal activities.
``(3) Programs.--Activities described in paragraph (1) may
include--
``(A) demonstrations and rigorous scientifically based
evaluations of innovative approaches to drug and violence
prevention and before and after school activities based on
needs reported by State and local educational agencies;
``(B) 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;
``(C) the provision of information on violence prevention
and school safety to the Attorney General for dissemination;
and
``(D) continuing technical assistance to chief executive
officers, State agencies, and local educational agencies to
build capacity to develop and implement high-quality,
effective programs consistent with the principles of
effectiveness.
``(b) Peer Review.--The Secretary shall use a peer review
process in reviewing applications for funds under this
section.
``Subpart 4--Gun Possession
``SEC. 5141. GUN-FREE SCHOOL REQUIREMENTS.
``(a) Requirements.--
``(1) State law.--Each State receiving funds under this Act
shall--
``(A) have in effect a State law requiring each local
educational agency to expel from school for a period of not
less than one year a student who is determined to have
possessed a firearm in or at a school or on school grounds
under the jurisdiction of a local educational agency in that
State, except that such State law shall allow the chief
administering officer of such local educational agency to
modify such expulsion requirement for a student on a case-by-
case basis; and
``(B) require each local educational agency to adopt a
policy requiring each elementary and secondary school to
refer to the criminal justice or juvenile delinquency system
any student who possesses a firearm in school.
``(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
student's regular school setting from providing educational
services to such student in an alternative setting.
``(b) 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 requirements of subsection (a); and
``(2) a description of the circumstances surrounding
incidents of possessions and any expulsions imposed under the
State law required by subsection (a)(1), including--
``(A) the name of the school concerned;
[[Page H2497]]
``(B) the number of students expelled from such school for
firearm possession; and
``(C) the type of firearm concerned.
``(c) Special Rule.--The provisions of this section shall
be construed in a manner consistent with the Individuals with
Disabilities Education Act.
``(d) Definitions.--For the purpose of this subpart--
``(1) the term `firearm' has the same meaning given to such
term under section 921(a)(3) of title 18, United States Code;
and
``(2) the term `school' does not include a home school,
regardless of whether a home school is treated as a private
school under State law.
``Subpart 5--General Provisions
``SEC. 5151. DEFINITIONS.
``For the purposes of this part, the following terms have
the following meanings:
``(1) Before and after school activities.--The term `before
and after school activities' means academic, recreational,
and enrichment activities for school-age youth outside of the
regular school hours or school year.
``(2) Controlled substance.--The term `controlled
substance' means a drug or other substance identified under
Schedule I, II, III, IV, or V in section 202(c) of the
Controlled Substances Act (21 U.S.C. 812(c)).
``(3) Drug.--The term `drug' includes controlled
substances; the illegal use of alcohol and tobacco; and the
harmful, abusive, or addictive use of substances, including
inhalants and anabolic steroids.
``(4) 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 drugs; and
``(B) with respect to violence, the promotion of school
safety, such that students and school personnel are free from
violent and disruptive acts, 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.
``(5) 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.
``(6) School-aged population.--The term `school-aged
population' means the population aged 5 through 17, as
determined by the Secretary on the basis of the most recent
satisfactory data available from the Department of Commerce.
``(7) School based mental health services provider.--The
term `school based mental health services provider' includes
a State licensed or State certified school counselor, school
psychologist, school social worker, or other State licensed
or certified mental health professional qualified under State
law to provide such services to children and adolescents.
``(8) School personnel.--The term `school personnel'
includes teachers, principals, administrators, guidance
counselors, social workers, psychologists, nurses,
librarians, and other support staff who are employed by a
school or who perform services for the school on a
contractual basis.
``(9) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
``SEC. 5152. MESSAGE AND MATERIALS.
``(a) `Wrong and Harmful' Message.--Drug prevention
programs supported under this title shall convey a clear and
consistent message that the illegal use of drugs is wrong and
harmful.
``(b) Curriculum.--The Secretary shall not prescribe the
use of specific curricula for programs supported under this
part.
``SEC. 5153. PARENTAL CONSENT.
``Upon receipt of written notification from the parents or
legal guardians of a student, the local educational agency
shall withdraw such student from any program or activity
funded under this title. The local educational agency shall
make reasonable efforts to inform parents or legal guardians
of the content of such programs or activities funded under
this title, other than classroom instruction.
``SEC. 5154. 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); or
``(2) medical services, drug treatment or rehabilitation,
except for pupil services or referral to treatment for
students who are victims of, or witnesses to, use of drugs or
crime.
``PART B--ENHANCING EDUCATION THROUGH TECHNOLOGY
``SEC. 5201. SHORT TITLE.
``This part may be cited as the `Enhancing Education
Through Technology Act of 2001'.
``SEC. 5202. PURPOSES.
``The purposes of this part are as follows:
``(1) To provide assistance to States and localities for
implementing innovative technology initiatives that lead to
increased student academic achievement and that may be
evaluated for effectiveness and replicated if successful.
``(2) To encourage the establishment or expansion of
initiatives, including those involving public-private
partnerships, designed to increase access to technology,
particularly in high-need local educational agencies.
``(3) To assist States and localities in the acquisition,
development, interconnection, implementation, improvement,
and maintenance of an effective educational technology
infrastructure in a manner that expands access to technology
for students (particularly for disadvantaged students) and
teachers.
``(4) To promote initiatives that provide school teachers,
principals, and administrators with the capacity to
effectively integrate technology into curriculum that is
aligned with challenging State academic content and student
academic achievement standards, through such means as high
quality professional development programs.
``(5) To enhance the ongoing professional development of
teachers, principals, and administrators by providing
constant access to updated research in teaching and learning
via electronic means.
``(6) To support the development of electronic networks and
other innovative methods, such as distance learning, of
delivering challenging courses and curricula for students who
would otherwise not have access to such courses and
curricula, particularly in geographically remote regions.
``(7) To support the rigorous evaluation of programs funded
under this part, particularly the impact of such initiatives
on student academic performance, and ensure that timely
information on the results of such evaluations is widely
accessible through electronic means.
``(8) To support local efforts for the use of technology to
promote parent and family involvement in education and
communication among students, parents, teachers, principals,
and administrators.
``SEC. 5203. AUTHORIZATION OF APPROPRIATIONS; FUNDING RULE.
``(a) In General.--There are authorized to be
appropriated--
``(1) to carry out subparts 1 and 2 of this part--
``(A) $1,000,000,000 for fiscal year 2002; and
``(B) such sums as may be necessary for each of fiscal
years 2003 through 2006; and
``(2) to carry out subpart 3 of this part--
``(A) $24,500,000 for fiscal year 2002; and
``(B) such sums as may be necessary for each of fiscal
years 2003 through 2006.
``(b) Allocation of Funds Between National and State and
Local Initiatives.--The amount of funds made available under
subsection (a) shall be allocated as follows:
``(1) Not less than 95 percent shall be made available for
State and local technology initiatives under subpart 1.
``(2) Not more than 5 percent may be made available for
activities of the Secretary under subpart 2, of which not
more than $15,000,000 may be used for the study required by
section 5221(a)(1).
``SEC. 5204. DEFINITIONS.
``In this part:
``(1) The term `distance learning' means the transmission
of educational or instructional programming to geographically
dispersed individuals and groups via telecommunications.
``(2) The term `eligible local entity' means--
``(A) a high-need local educational agency; or
``(B) an eligible local partnership.
``(3) The term `eligible local partnership' means a
partnership that includes at least one high-need local
educational agency and at least one--
``(A) local educational agency that can demonstrate that
teachers in schools served by that agency are effectively
integrating technology and proven teaching practices into
instruction, based on scientifically based research, that
result in improvement in--
``(i) classroom instruction in the core academic subject
areas; and
``(ii) the preparation of students to meet challenging
State academic content and student academic achievement
standards;
``(B) institution of higher education that is in full
compliance with the reporting requirements of section 207(f)
of the Higher Education Act of 1965 (20 U.S.C. 1027(f)) and
that has not been identified by its State as low-performing
under section 208 of such Act (20 U.S.C. 1028);
``(C) for-profit business or organization that develops,
designs, manufactures, or produces technology products or
services, or has substantial expertise in the application of
technology; or
``(D) public or private nonprofit organization with
demonstrated experience in the application of educational
technology.
``(4) The term `high-need local educational agency' means a
local educational agency that--
``(A) is among the local educational agencies in the State
with the highest numbers or percentages of children from
families with incomes below the poverty line, as defined by
the Office of Management and Budget and revised annually in
accordance with section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2));
``(B) includes one or more schools identified under section
1116; and
``(C) has a substantial need for assistance in acquiring
and using technology.
``Subpart 1--State and Local Technology for Success Grants
``SEC. 5211. DETERMINATION OF AMOUNT OF STATE ALLOTMENT.
``(a) In General.--Except as otherwise provided in this
subpart, each State shall be eligible to receive a grant
under this subpart for a fiscal year in an allotment
determined as follows:
``(1) 50 percent shall bear the same relationship to the
amount made available under section 5203(b)(1) for such year
as the amount such State received under part A for title I
for such year bears to the amount received for such year
under such part by all States.
``(2) 50 percent shall be determined on the basis of the
State's relative population of individuals age 5 through 17,
as determined by the Secretary on the basis of the most
recent satisfactory data.
``(b) Reservation of Funds for Bureau of Indian Affairs and
Outlying Areas.--Of the amount made available to carry out
this subpart under section 5203(b)(1) for a fiscal year--
[[Page H2498]]
``(1) the Secretary shall reserve \1/2\ of 1 percent for
the Secretary of the Interior for programs under this subpart
for schools operated or funded by the Bureau of Indian
Affairs; and
``(2) the Secretary shall reserve \1/2\ of 1 percent to
provide assistance under this subpart to the outlying areas.
``(c) Minimum Allotment.--The amount of any State's
allotment under subsection (a) for any fiscal year may not be
less than \1/2\ of 1 percent of the amount made available
under section 5203(b)(1) for such year.
``(d) Reallotment of Unused Funds.--If any State does not
apply for an allotment under this subpart for a fiscal year,
or does not use its entire allotment for that fiscal year,
the Secretary shall reallot the amount of the State's
allotment, or the unused portion thereof, to the remaining
States in accordance with this section.
``SEC. 5212. USE OF ALLOTMENT BY STATE.
``(a) In General.--Of the amount provided to a State from
its allotment under section 5211--
``(1) the State may use not more than 5 percent to carry
out activities under section 5215; and
``(2) subject to subsection (b), not less than 95 percent
shall be distributed by the State as follows:
``(A) 60 percent of such amount shall--
``(i) be awarded to local educational agencies that have
submitted applications to the State under section 5214
(which, in the case of a local educational agency that is an
eligible local entity, may be combined with an application
for funds awarded under subparagraph (B)), in an amount that
bears the same relationship to the amount made available
under section 5211(a) for such year as the amount such local
educational agency received under part A of title I for such
year bears to the amount received for such year under such
part by all local educational agencies within the State; and
``(ii) be used for the activities described in section
5216.
``(B) 40 percent of such amount shall be awarded through a
State-determined competitive process to eligible local
entities that have submitted applications to the State under
section 5214 (which, in the case of an eligible local entity
that is a local educational agency, may be combined with an
application for funds provided under subparagraph (A)), to be
used to carry out activities consistent with activities
described in section 5216.
``(b) Continuation of Awards.--Notwithstanding section 3 of
the No Child Left Behind Act of 2001, a State shall make
continuation awards on multiyear grants awarded by the State
under section 3132(a)(2) (as in effect on the day preceding
the date of enactment of such Act) from the funds described
in subsection (a)(2) for the shorter of--
``(1) the duration of the original grant period; or
``(2) two years after the date of enactment of such Act.
``SEC. 5213. STATE APPLICATIONS.
``(a) In General.--To be eligible to receive a grant under
this subpart, a State shall submit an application to the
Secretary containing a new or updated statewide, long-range
strategic educational technology plan (which shall consider
the educational technology needs of local educational
agencies), and such other information as the Secretary may
reasonably require, at such time and in such manner as the
Secretary may specify.
``(b) Contents.--Each State application submitted under
this section shall include the following:
``(1) A description of how the State will use funds
provided under this subpart to improve the academic
achievement of all students and to improve the capacity of
all teachers to provide instruction in the State through the
use of education technology.
``(2) A description of the State's goals for using advanced
technology to improve student achievement aligned to
challenging State academic content and student academic
achievement standards.
``(3) A description of how the State will take steps
(including through public and private partnerships) to ensure
that all students and teachers in the State, particularly
those residing or teaching in districts served by high-need
local educational agencies, will have increased access to
educational technology.
``(4) A description of--
``(A) how the State will ensure that ongoing integration of
technology into instructional strategies and school curricula
in all schools in the State so that technology will be fully
integrated into those schools by December 31, 2006; and
``(B) the process and accountability measures the State
will use for the evaluation of such integration, including
whether such integration--
``(i) has increased the ability of teachers to teach
effectively; and
``(ii) has enabled students to meet challenging State
academic content and student academic achievement standards.
``(5) A description of how the State will encourage the
development and utilization of innovative strategies for the
delivery of specialized or rigorous academic courses and
curricula through the use of technology and distance
learning, particularly for those areas of the State that
would not otherwise have access to such courses and curricula
due to geographical isolation or insufficient resources.
``(6) An assurance that financial assistance provided under
this subpart shall supplement, not supplant, State and local
funds.
``(7) A description of how the State will ensure that every
teacher and principal within a school funded under this
subpart will be computer-literate and proficient (as
determined by the State) by December 31, 2006.
``(8) A description of how the State will ensure that each
grant under section 5212(a)(2)(B) to an eligible local
applicant is of sufficient duration, size, scope, and quality
to carry out the purposes of this part effectively.
``(9) A description of how the State educational agency
will provide technical assistance to eligible local
applicants, and its capacity for providing such assistance,
including developing public and private partnerships under
this part.
``(c) Deemed Approval.--A State application submitted to
the Secretary under this section shall be deemed to be
approved by the Secretary unless the Secretary makes a
written determination, prior to the expiration of the 90-day
period that begins on the date the Secretary receives the
complete application, that the application does not
reasonably meet the purposes of this subpart.
``(d) Disapproval.--The Secretary may issue a final
disapproval of a State's application under this subpart only
after giving the State notice and an opportunity for a
hearing.
``(e) Dissemination of Information on State Applications.--
The Secretary shall make information on State applications
under this subpart widely available to schools and the
general public, including through dissemination on the
Internet, in a timely and user-friendly manner.
``SEC. 5214. LOCAL APPLICATIONS.
``(a) In General.--An applicant seeking to receive funds
from a State under this subpart shall submit to the State an
application containing a new or updated long-range local
strategic educational technology plan consistent with the
objectives of the statewide education technology plan
described in section 5213(a), and such other information as
the State may reasonably require, at such time, and in such
manner as the State may specify.
``(b) Contents of Local Application.--Each local
application described in this section shall include the
following:
``(1) A description of how the applicant will use Federal
funds provided under this subpart to improve the academic
achievement of all students and to improve the capacity of
all teachers to provide instruction through the use of
education technology.
``(2) A description of the applicant's specific goals for
using advanced technology to improve student achievement
aligned to challenging State academic content and student
academic achievement standards.
``(3) A description of--
``(A) how the applicant will take steps to ensure that all
students and teachers in schools served by the local
educational agency (particularly those in high-poverty and
high-need schools) have increased access to educational
technology; and
``(B) how such technology will be used to improve the
academic achievement for such students.
``(4) A description of how the applicant will promote--
``(A) the utilization of teaching strategies and curricula,
based on scientifically based research, which effectively
integrate technology into instruction, leading to
improvements in student academic achievement as measured by
challenging State academic content and student academic
achievement standards; and
``(B) sustained and intensive, high-quality professional
development consistent with section 2033 (as applicable),
based on scientifically based research, which increases
teacher and principal capacity to create improved learning
environments through the integration of technology into
instruction through proven strategies and improved content as
described in subparagraph (A).
``(5) A description of how the applicant will integrate
technology across the curriculum and a time line for such
integration, including a description of how the applicant
will make effective use of new and emerging technologies and
teaching practices that are linked to such emerging
technologies to provide challenging content and improved
classroom instruction.
``(6) A description of how the applicant will coordinate
education technology activities funded under this subpart,
including professional development, with any such activities
provided under other Federal, State, and local programs,
including those authorized under title I, title II, title IV,
and the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) and the Carl D. Perkins Vocational and
Technical Education Act of 1998 (20 U.S.C. 2301 et seq.).
``(7) A description of the accountability measures and
process the applicant will use for the evaluation of the
extent to which funds provided under this subpart were
effective in integrating technology into school curriculum,
increasing the ability of teachers to teach, and enabling
students to meet challenging State academic content and
student academic achievement standards.
``(8) A description of how the applicant will encourage the
development and utilization of innovative strategies for the
delivery of specialized or rigorous academic courses and
curricula through the use of technology and distance
learning, particularly for those areas that would not
otherwise have access to such courses and curricula due to
geographical isolation or insufficient resources.
``(9) A description of what steps the applicant has taken,
or will take, to comply with section 5205(a)(1).
``(10) If requested by the State--
``(A) a description of how the applicant will use funds
provided under this subpart in a manner that is consistent
with any statewide education technology priorities that may
be established by the State consistent with this subpart; and
``(B) an assurance that any technology obtained with funds
provided under this subpart will have compatibility and
interconnectivity
[[Page H2499]]
with technology obtained with funds provided previously under
title III (as in effect on the day preceding the date of
enactment of the No Child Left Behind Act of 2001), as
appropriate.
``SEC. 5215. STATE ACTIVITIES.
``(a) In General.--From funds made available under section
5212(a)(1), a State shall carry out activities and assist
local efforts to carry out the purposes of this subpart,
which may include the following activities:
``(1) Developing, or assisting applicants in the
development and utilization of, innovative strategies to
deliver rigorous academic programs through the use of
technology and distance learning, and providing other
technical assistance to such applicants throughout the State,
with a priority to high-need local educational agencies.
``(2) Establishing or supporting public-private
initiatives, such as interest-free or reduced-cost loans for
the acquisition of educational technology for high-need local
educational agencies and students attending schools served by
such agencies.
``(3) Assisting applicants in providing sustained and
intensive, high-quality professional development based on
scientifically based research in the integration of advanced
technologies (including emerging technologies) into
curriculum and in using those technologies to create new
learning environments, including training in the use of
technology to--
``(A) access data and resources to develop curricula and
instructional materials;
``(B) enable teachers--
``(i) to use the Internet to communicate with parents,
other teachers, principals, and administrators; and
``(ii) to retrieve Internet-based learning resources; and
``(C) lead to improvements in classroom instruction in the
core academic subject areas, which effectively prepare
students to meet challenging State academic content and
student academic achievement standards.
``(4) Assisting applicants in providing all students
(including students with disabilities and students with
limited English proficiency) and teachers with access to
educational technology.
``(5) Establishing or expanding access to technology in
areas served by high-need local educational agencies, with
special emphasis on access provided through technology
centers in partnership with libraries and with the support of
the private sector.
``(6) Developing enhanced performance measurement systems
to determine the effectiveness of education technology
programs funded under this subpart, particularly in
determining the extent to which education technology funded
under this subpart has been successfully integrated into
teaching strategies and school curriculum, has increased the
ability of teachers to teach, and has enabled students to
meet challenging State academic content and student academic
achievement standards.
``(7) Collaborating with other States on distance learning,
including making advanced courses available to students who
would otherwise not have access to such courses.
``(b) Limitation on Administrative Costs.--Of the 5 percent
of the State's allotment under section 5211 which may be used
to carry out activities under this section, not more than 40
percent may be used by the State for administrative costs.
``SEC. 5216. LOCAL ACTIVITIES.
``(a) Professional Development.--A recipient of funds made
available under section 5212(a)(2)(A) shall use not less than
20 percent of such funds to provide sustained and intensive,
high-quality professional development, consistent with
section 2033 (as applicable), based on scientifically based
research in the integration of advanced technologies
(including emerging technologies) into curriculum and in
using those technologies to create new learning environments,
including professional development in the use of technology
to--
``(1) access data and resources to develop curricula and
instructional materials;
``(2) enable teachers--
``(i) to use the Internet to communicate with parents,
other teachers, principals, and administrators; and
``(ii) to retrieve Internet-based learning resources; and
``(3) lead to improvements in classroom instruction in the
core academic subject areas, which effectively prepare
students to meet challenging State academic content and
student academic achievement standards.
``(b) Waiver.--Subsection (a) does not apply to a recipient
of funds under section 5212(a)(2)(A) that demonstrates, to
the satisfaction of the State, that such recipient already
provides sustained and intensive, high-quality professional
development based on scientifically based research in the
integration of technology (including emerging technologies)
into the curriculum.
``(c) Other Activities.--In addition to the activities
described in subsection (a), a recipient of funds distributed
by a State under section 5212(a)(2)(A) shall use such funds
to carry out other activities consistent with this subpart,
which may include the following:
``(1) Adapting or expanding existing and new applications
of technology to enable teachers to increase student academic
achievement through the use of teaching practices and
advanced technologies that are based on scientifically based
research and are designed to prepare students to meet
challenging State academic content and student academic
achievement standards, and for developing and utilizing
innovative strategies to deliver rigorous academic programs.
``(2) Expanding, acquiring, implementing, applying, and
maintaining education technology as a means to improve the
academic achievement of all students.
``(3) The establishment or expansion of initiatives,
particularly those involving public-private partnerships,
designed to increase access to technology for students and
teachers, with special emphasis on the access of high-need
local educational agencies to technology.
``(4) Using technology to promote parent and family
involvement, and support communications between students,
parents, and teachers.
``(5) Acquiring proven and effective curricula that include
integrated technology and are designed to help students
achieve challenging State academic content and student
academic achievement standards.
``(6) Using technology to collect, manage, and analyze data
to inform school improvement efforts.
``(7) Implementing enhanced performance measurement systems
to determine the effectiveness of education technology
programs funded under this subpart, particularly in
determining the extent to which education technology funded
under this subpart has been successfully integrated into
teaching strategies and school curriculum, has increased the
ability of teachers to teach, and has enabled students to
meet challenging State academic content and student academic
achievement standards.
``(8) Preparing one or more teachers in elementary and
secondary schools as technology leaders who are provided with
the means to serve as experts and train other teachers in the
effective use of technology.
``(9) Establishing or expanding access to technology in
areas served by high-need local educational agencies, with
special emphasis for access provided through technology
centers in partnership with libraries and with the support of
the private sector.
``Subpart 2--National Technology Activities
``SEC. 5221. NATIONAL ACTIVITIES.
``(a) In General.--Using funds made available under section
5203(b)(2), the Secretary--
``(1) shall--
``(A) conduct an independent, long-term study, utilizing
scientifically based research methods and control groups, on
the effect of educational technology on improving student
academic achievement;
``(B) include in the study an identification of uses of
educational technology (including how teachers can integrate
technology into the curricula) that have a measurable
positive impact on student achievement;
``(C) establish an independent review panel to advise the
Secretary on methodological and other issues that arise in
conducting this long-term study; and
``(D) submit to the Congress interim reports, when
appropriate, and a final report, to be submitted not later
than 6 months before the end of fiscal year 2006, on the
findings of the study;
``(2) may fund national technology initiatives that are
supported by scientifically based research and utilize
technology in education, through the competitive award of
grants or contracts, pursuant to a peer review process, to
States, local educational agencies, eligible local entities,
institutions of higher education, public agencies, and
private nonprofit or for-profit agencies; and
``(3) may provide technical assistance (directly or through
the competitive award of grants or contracts) to States,
local educational agencies, and other recipients of funds
under this part in order to assist such States, local
educational agencies, and other recipients to achieve the
purposes of this part.
``(b) National Technology Initiatives.--
``(1) Use of funds.--In funding national technology
initiatives under subsection (a)(2), the Secretary--
``(A) shall place a priority on projects that--
``(i) develop innovative models using electronic networks
or other forms of distance learning to provide challenging
courses that are otherwise not readily available to students
in a particular school district, particularly in rural areas;
or
``(ii) increase access to technology to students served by
high-need local educational agencies; and
``(B) shall, in order to identify effective uses of
educational technology that have a measurable positive impact
on student achievement and as specified in paragraph (3)--
``(i) develop tools and provide resources and support,
including technical assistance, for recipients of funds under
subsection (a)(2) to effectively evaluate their activities;
and
``(ii) disseminate the evaluations made under paragraph
(2)(A)(ii).
``(2) Requirements for recipients of funds.--
``(A) Application.--In order to receive a grant or contract
under subsection (a)(2), an entity shall submit an
application to the Secretary (at such time and in such form
as the Secretary may require), and shall include in the
application--
``(i) a description of the project proposed to be carried
out with the grant or contract and how it would carry out the
purposes of subsection (a)(2); and
``(ii) a detailed plan for an independent evaluation,
supported by scientifically based research principles, of the
project to determine the impact on the academic achievement
of students served under such project, as measured by
challenging State academic content and student academic
achievement standards.
``(B) Non-federal share.--
``(i) In general.--Subject to clauses (ii) and (iii), the
Secretary may require any recipient of a grant or contract
under subsection (a)(2) to share in the cost of the
activities assisted under such grant or contract, which may
be in the form of cash or in-kind contributions, fairly
valued.
``(ii) Increase.--The Secretary may increase the non-
Federal share required of a recipient of
[[Page H2500]]
a grant or contract under subsection (a)(2) after the first
year such recipient receives funds under such grant or
contract.
``(iii) Maximum.--The non-Federal share required under this
subsection may not exceed 50 percent of the cost of the
activities assisted under a grant or contract under this
subpart.
``(iv) Notice.--The Secretary shall publish, in the Federal
Register, the non-Federal share required under this
subparagraph.
``(3) Evaluation and dissemination.--The Secretary shall
make information on each project funded with a grant or
contract under subsection (a)(2) widely available to schools
and the general public, including through dissemination on
the Internet, in a timely and user-friendly manner. This
information shall, at a minimum, include--
``(A) upon the awarding of such a grant or contract under
subsection (a)(2), the identification of the grant or
contract recipient, the amount of the grant or contract, the
stated goals of the grant or contract, the methods by which
the grant or contract will be evaluated in meeting such
stated goals, and the timeline for meeting such goals;
``(B) not later than 3 months after the completion of the
first year of the project period, information on the progress
of the grant or contract recipient in carrying out the grant
or contract, including a detailed description of the use of
the funds provided, the extent to which the stated goals have
been reached, and the results (or progress of) the evaluation
of the project; and
``(C) not later than 3 months after the completion of the
second year of the project period (and updated thereafter as
appropriate), a followup to the information described in
subparagraph (B).
``Subpart 3--Ready to Learn, Ready to Teach
``SEC. 5231. READY TO LEARN TELEVISION.
``(a) Program Authorized.--
``(1) In general.--The Secretary shall award grants to or
enter into contracts or cooperative agreements with eligible
entities described in paragraph (3) to--
``(A) develop, produce, and distribute educational and
instructional video programming for preschool and elementary
school children and their parents in order to facilitate
student academic achievement;
``(B) facilitate the development (directly or through
contracts with producers of children and family educational
television programming) of educational programming for
preschool and elementary school children and accompanying
support materials and services that directly promote the
effective use of such programming;
``(C) facilitate the development of programming and digital
content especially designed for nationwide distribution over
digital broadcasting channels and the Internet, containing
Ready to Learn-based children's programming and resources for
parents and caregivers;
``(D) enable such entities to contract with other entities
(such as public telecommunications entities) so that programs
under this section are disseminated and distributed by the
most appropriate distribution technologies to the widest
possible audience appropriate to be served by the
programming; and
``(E) develop and disseminate training and support
materials, including interactive programs and programs
adaptable to distance learning technologies which are
designed to--
``(i) promote school readiness; and
``(ii) promote the effective use of programming developed
under subparagraphs (B) and (C) among parents, Head Start
providers, Even Start and providers of family literacy
services, child care providers, early childhood development
personnel, and elementary school teachers, public libraries,
and after school program personnel caring for preschool and
elementary school children.
``(2) Availability.--In making grants, contracts, or
cooperative agreements under this subsection, the Secretary
shall ensure that recipients increase the effective use of
the programming under this section by making it widely
available with support materials, as appropriate, to young
children, their parents, child care workers, Head Start
providers, Even Start and providers of family literacy
services.
``(3) Eligible entities described.--In this section, an
`eligible entity' means a nonprofit entity (including a
public telecommunications entity) which is able--
``(A) to demonstrate a capacity for the development and
national distribution of educational and instructional
television programming of high quality which is accessible by
a large majority of disadvantaged preschool and elementary
school children; and
``(B) to demonstrate--
``(i) a capacity to contract with the producers of
children's television programming for the purpose of
developing educational television programming of high quality
which is accessible by a large majority of disadvantaged
preschool and elementary school children, and
``(ii) consistent with the entity's mission and nonprofit
nature, a capacity to negotiate such contracts in a manner
which returns to the entity an appropriate share of any
ancillary income from sales of any program-related products.
``(4) Cap on administrative costs.--An entity receiving a
grant, contract, or cooperative agreement from the Secretary
under this subsection may not use more than 5 percent of the
amounts received under the grant, contract, or cooperative
agreement for the expenses of administering the grant,
contract, or cooperative agreement.
``(5) Coordination of activities.--An entity receiving a
grant, contract, or cooperative agreement from the Secretary
under this subsection shall work with the Secretary and the
Secretary of Health and Human Services to--
``(A) maximize the utilization by preschool and elementary
school children of the programming under this section and to
make such programming widely available to federally funded
programs serving such populations; and
``(B) coordinate with Federal programs that have major
training components for early childhood development
(including Head Start, Even Start, family literacy services,
and State training activities funded under the Child Care
Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.))
regarding the availability and utilization of materials
developed with funds provided under this section to enhance
parent and child care provider skills in early childhood
development and education.
``(b) Applications.--Any entity desiring a grant, contract,
or cooperative agreement under subsection (a) shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require.
``(c) Report and Evaluation..--
``(1) Annual report by grant recipients to secretary.--Each
entity receiving funds under this section shall prepare and
submit to the Secretary an annual report which contains such
information as the Secretary may require. At a minimum, the
report shall describe the program activities undertaken with
funds received under this section, including information
regarding--
``(A) the programming that has been developed directly or
indirectly by the entity and the target population of the
programs developed;
``(B) the support and training 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;
``(C) the means by which the programming 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
``(D) the initiatives undertaken by the entity to develop
public-private partnerships to secure non-Federal support for
the development and distribution and broadcast of educational
and instructional programming.
``(2) Report to congress.--The Secretary shall prepare and
submit to the relevant committees of Congress a biannual
report on the activities funded and carried out under this
section, and shall include in the report--
``(A) a summary of the programming developed using funds
provided under this section; and
``(B) a description of the training materials developed
using funds provided under this section, the manner in which
outreach has been conducted to inform parents and child care
providers of the availability of such materials, and the
manner in which such materials have been distributed.
``(d) Funding Rule.--Not less than 60 percent of the
amounts authorized to be appropriated under section 5233 for
any fiscal year shall be used to carry out subparagraphs (B)
and (C) of subsection (a)(1).
``SEC. 5232. TELECOMMUNICATIONS PROGRAM.
``(a) In General.--The Secretary may carry out any of the
following activities:
``(1) Awarding grants to a nonprofit telecommunications
entity (or a partnership of such entities) for the purpose of
carrying out a national telecommunications-based program to
improve the teaching of core academic subjects and to assist
elementary and secondary school teachers in preparing all
students to achieve State academic content standards.
``(2) Awarding grants to or entering into contracts or
cooperative agreements with a local public telecommunications
entity to develop, produce, and distribute educational and
instructional video programming which is designed for use by
elementary and secondary school students, created for or
adaptable to State academic content standards, and capable of
distribution through digital broadcasting and school digital
networks.
``(b) Applications.--
``(1) In general.--Any telecommunications entity or
partnership of such entities desiring a grant under this
section shall submit an application to the Secretary.
``(2) Specific requirements for national
telecommunications-based program.--Each application for a
grant under subsection (a)(1) shall--
``(A) demonstrate that the applicant will use the existing
publicly funded telecommunications infrastructure, the
Internet, and school digital networks (where available) to
deliver video, voice, and data in an integrated service to
train teachers in the use of materials and learning
technologies for achieving State academic content standards;
``(B) assure that the program for which assistance is
sought will be conducted in cooperation with States as
appropriate, local educational agencies, and State or local
nonprofit public telecommunications entities;
``(C) assure that a significant portion of the benefits
available for elementary and secondary schools from the
program for which assistance is sought will be available to
schools of local educational agencies which have a high
percentage of children counted for the purpose of part A of
title I; and
``(D) contain such additional assurances as the Secretary
may reasonably require.
``(c) Approval of Applications; Number of Demonstration
Sites.--In approving applications under this section, the
Secretary shall assure that--
``(1) the national telecommunications-based program under
subsection (a)(1) is conducted at elementary and secondary
school sites in at least 15 States; and
``(2) grants under subsection (a)(2) are awarded on a
competitive basis and for a period of 3 years to entities
which--
``(A) enter into multiyear collaborative arrangements for
content development with State
[[Page H2501]]
educational agencies, local educational agencies,
institutions of higher education, businesses, or other
agencies and organizations, and
``(B) contribute non-Federal matching funds (including
funds provided for transitions to digital broadcasting as
well as in-kind contributions) to the activities assisted
with the grant in an amount not less than 100 percent of the
amount of the grant.
``PART C--CHARACTER EDUCATION
``SEC. 5301. CHARACTER EDUCATION PROGRAM.
``(a) Program Authorized.--
``(1) In general.--The Secretary may make grants to State
educational agencies, local educational agencies, or
consortia of such agencies for the design and implementation
of character education programs that--
``(A) can be integrated into State academic content
standards for the core academic subjects; and
``(B) can be carried out in conjunction with other
educational reform efforts.
``(2) Duration.--Each grant under this section shall be
made for a period not to exceed 5 years, of which the grant
recipient may not use more than 1 year for planning and
program design.
``(b) Contracts Under Program.--
``(1) Evaluation.--Each agency or consortium receiving
assistance under this section may contract with outside
sources, including institutions of higher education and
private and nonprofit organizations (including religious
organizations), for the purposes of--
``(A) evaluating the program for which the assistance is
made available;
``(B) measuring the integration of such program into the
curriculum and teaching methods of schools where the program
is carried out; and
``(C) measuring the success of such program in fostering
the elements of character selected by the recipient under
subsection (c)(1).
``(2) Materials and program development.--Each agency or
consortium receiving assistance under this section may
contract with outside sources, including institutions of
higher education and private and nonprofit organizations
(including religious organizations), for assistance in--
``(A) developing secular curricula, materials, teacher
training, and other activities related to character
education; and
``(B) integrating secular character education into the
curriculum and teaching methods of schools where the program
is carried out.
``(c) Elements of Character.--
``(1) Selection.--
``(A) In general.--Each agency or consortium receiving
assistance under this section may select the elements of
character that will be taught under the program for which the
assistance is made available.
``(B) Consideration of views.--In selecting elements of
character under paragraph (1), the agency or consortium shall
consider the views of the parents or guardians of the
students to be taught under the program.
``(2) Example elements.--Elements of character selected
under this subsection may include any of the following:
``(A) Trustworthiness.
``(B) Respect.
``(C) Responsibility.
``(D) Fairness.
``(E) Caring.
``(F) Citizenship.
``(G) Giving.
``(d) Application.--
``(1) In general.--Each agency or consortium seeking
assistance under this section shall submit an application to
the Secretary at such time and in such manner as the
Secretary may require.
``(2) Required information.--Each application for
assistance under this section shall include information
that--
``(A) demonstrates that the program for which the
assistance is sought has clear goals and objectives that are
based on scientifically based research;
``(B) describes the activities that will be carried out
with the assistance and how such activities will meet the
goals and objectives described in paragraph (1); and
``(C) describes how the program for which the assistance is
sought will be linked to other efforts to improve educational
achievement, including--
``(i) broader educational reforms that are being instituted
by the applicant or its partners; and
``(ii) applicable State academic content standards for
student achievement.
``(e) Selection of Recipients.--
``(1) Peer review.--
``(A) In general.--In selecting agencies or consortia to
receive assistance under this section from among the
applicants for such assistance, the Secretary shall use a
peer review process that includes the participation of
experts in the field of character education.
``(B) Use of funds.--The Secretary may use funds
appropriated under this section for the cost of carrying out
peer reviews under this paragraph.
``(2) Selection criteria.--Each selection under paragraph
(1) shall be made on the basis of the quality of the
application submitted, taking into consideration such factors
as--
``(A) the extent of parental, student, and community
involvement in the program; and
``(B) the likelihood that the goals of the program will be
realistically achieved.
``(3) Equitable distribution.--In making selections under
this subsection, the Secretary shall ensure, to the extent
practicable under paragraph (2), that the programs assisted
under this section are equitably distributed among the
geographic regions of the United States, and among urban,
suburban, and rural areas.
``(f) Evaluations.--
``(1) In general.--As a condition of receiving assistance
under this section, the Secretary shall require each agency
or consortium receiving such assistance to transmit to the
Secretary, not later than 5 years after such receipt, a
report containing an evaluation of each program assisted.
``(2) Attainment of goals and objectives.--In conducting an
evaluation referred to in paragraph (1), each agency or
consortium shall evaluate the degree to which each program
for which assistance was made available attained the goals
and objectives for the program as described in the
application for assistance submitted under subsection (d).
``(3) Dissemination.--The Secretary shall--
``(A) make each evaluation received under this subsection
publicly available; and
``(B) provide public notice (through such means as the
Internet, the media, and public agencies) of the availability
of each such evaluation after it is received by the
Secretary.
``(g) Matching Funds.--As a condition of receiving
assistance under this section, the Secretary may require that
each agency or consortium receiving such assistance provide
matching funds from non-Federal sources.
``SEC. 5302. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $25,000,000 for fiscal year 2002 and such sums as may be
necessary for each of fiscal years 2003 through 2006.''.
``PART D--ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS
``SEC. 5401. ELEMENTARY AND SECONDARY SCHOOL COUNSELING
PROGRAMS.
``(a) Findings.--Congress finds as follows:
``(1) The Surgeon General reported in January 2001 that 1
in 10 children suffer from mental illnesses severe enough to
impair development and fewer than 1 in 5 children get
treatment for mental illnesses.
``(2) The Surgeon General reported that the burden of
suffering by children with mental health needs and their
families has created a health crisis in this country. Growing
numbers of children are suffering needlessly because their
emotional, behavioral, and developmental needs are not being
met by the very institutions and systems that were created to
take care of them.
``(3) As a result of the concern about the failure of the
healthcare system to reach children and adolescents with
mental illnesses, there is currently great interest in
developing new models for the delivery of mental health and
counseling services that can reach underserved groups
efficiently.
``(4) Schools are a sensible point of intervention because
of their central position in many children's lives and
development, especially when families are unable to assume a
leading role.
``(5) School-based mental health and counseling services
allow for the identification of children in need of treatment
much earlier in their development.
``(6) Establishing mental health and counseling services in
schools provides access to underserved youth with or at risk
of emotional or behavioral problems.
``(7) The Surgeon General's 2000 report on youth violence
concludes that effective treatment can divert a significant
proportion of delinquent and violent youths from future
violence and crime.
``(8) Mental health and counseling services can play an
important role in violence prevention on all levels,
including preventing problem behaviors from developing;
identifying and serving specific, at-risk populations; and
reducing the deleterious effects of violence on victims and
witnesses.
``(9) An evaluation of the model program for the elementary
school counseling demonstration program established pursuant
to this section prior to the date of enactment of the
Elementary and Secondary Counseling Improvement Act of 2001
found that the number of referrals to the principal's office
decreased by nearly half, the use of force, weapons, and
threatening of others also decreased, school suspensions were
reduced, and students felt safer.
``(10) The report produced by the Institute of Medicine,
`Schools and Health: Our Nation's Investment', recommended a
student-to-school counselor ratio of 250:1, student-to-school
psychologist ratio of 1000:1, and a student-to-school social
worker ratio of 800:1. The United States average student-to-
counselor ratio is 551:1. Ratios for school psychologists and
school social workers also exceed the recommended levels.
``(b) Grants Authorized.--
``(1) In general.--The Secretary may use funds provided
under this section to award grants to local educational
agencies to enable such agencies to establish or expand
elementary and secondary school counseling programs which
meet the requirements of subsection (c).
``(2) Priority.--In awarding grants under this section, the
Secretary shall give special consideration to applications
describing programs which--
``(A) demonstrate the greatest need for new or additional
counseling services among children in the schools served by
the applicant, in part, by providing information on current
ratios of students to school counselors, students to school
social workers, and students to school psychologists;
``(B) propose the most promising and innovative approaches
for initiating or expanding 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 local educational
agencies.
[[Page H2502]]
``(4) Duration.--A grant under this section shall be
awarded for a period not to exceed 3 years.
``(5) Maximum grant.--A grant awarded under this program
shall not exceed $400,000 for any fiscal year.
``(6) Supplement.--Assistance made available under this
section shall be used to supplement, and may not supplant,
other Federal, State, or local funds used for providing
school-based counseling and mental health services to
students.
``(c) Requirements for Counseling Programs.--Each program
funded under this section shall--
``(1) be comprehensive in addressing the counseling and
educational needs of all students;
``(2) use a developmental, preventive approach to
counseling;
``(3) increase the range, availability, quantity, and
quality of counseling services in the elementary and
secondary schools of the local educational agency;
``(4) expand counseling services through qualified school
counselors, school psychologists, school social workers, and
child and adolescent psychiatrists;
``(5) use innovative approaches to increase children's
understanding of peer and family relationships, work and
self, decisionmaking, or academic and career planning, or to
improve peer interaction;
``(6) provide counseling services in settings that meet the
range of needs of students;
``(7) include inservice training, including training for
teachers in appropriate identification and intervention
techniques for disciplining and teaching students at risk of
violent behavior, by school counselors, school psychologists,
school social workers, and child and adolescent
psychiatrists;
``(8) involve parents of participating students in the
design, implementation, and evaluation of a counseling
program;
``(9) involve community groups, social service agencies, or
other public or private entities in collaborative efforts to
enhance the program;
``(10) evaluate annually the effectiveness and outcomes of
the counseling services and activities assisted under this
section;
``(11) ensure a team approach to school counseling in the
elementary and secondary schools of the local educational
agency by working toward ratios recommended by the American
School Health Association of one school counselor to 250
students, one school social worker to 800 students, and one
school psychologist to 1,000 students; and
``(12) ensure that school counselors, school psychologists,
school social workers, or child and adolescent psychiatrists
paid from funds made available under this section spend a
majority of their time at the school in activities directly
related to the counseling process.
``(d) Limitation on Administrative Costs.--Not more than 3
percent of the amounts made available under this section in
any fiscal year may be used for administrative costs to carry
out this section.
``(e) Definitions.--For purposes of this section--
``(1) the term `school counselor' means an individual who
has documented competence in counseling children and
adolescents in a school setting and who--
``(A) possesses State licensure or certification granted by
an independent professional regulatory authority;
``(B) in the absence of such State licensure or
certification, possesses national certification in school
counseling or a specialty of counseling granted by an
independent professional organization; or
``(C) holds a minimum of a master's degree in school
counseling from a program accredited by the Council for
Accreditation of Counseling and Related Educational Programs
or the equivalent;
``(2) the term `school psychologist' means an individual
who--
``(A) possesses a minimum of 60 graduate semester hours in
school psychology from an institution of higher education and
has completed 1,200 clock hours in a supervised school
psychology internship, of which 600 hours shall be in the
school setting;
``(B) possesses State licensure or certification 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) the term `school social worker' means an individual
who--
``(A) holds a master's degree in social work from a program
accredited by the Council on Social Work Education; and
``(B) is licensed or certified by the State in which
services are provided; or
``(C) in the absence of such State licensure or
certification, possesses a national credential or
certification as a `school social work specialist' granted by
an independent professional organization; and
``(4) the term `child and adolescent psychiatrist' means an
individual who--
``(A) possesses State medical licensure; and
``(B) has completed residency training programs in general
and child and adolescent psychiatry.
``(f) Report.--Not later than 1 year after assistance is
made available under this section, the Secretary shall make
publicly available the information from applicants regarding
the ratios of students to school counselors, students to
school social workers, and students to school psychologists.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for each of fiscal years 2002
through 2006.
``PART E--MENTORING PROGRAMS
``SEC. 5501. DEFINITIONS.
``In this part, the following definitions apply:
``(1) Child with greatest need.--The term `child with
greatest need' means a child at risk of educational failure,
dropping out of school, or involvement in criminal or
delinquent activities, or that has lack of strong positive
adult role models.
``(2) Mentor.--The term `mentor' means an individual who
works with a child to provide a positive role model for the
child, to establish a supportive relationship with the child,
and to provide the child with academic assistance and
exposure to new experiences and examples of opportunity that
enhance the ability of the child to become a responsible
adult.
``(3) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``SEC. 5502. PURPOSES.
``The purposes of this part are to make assistance
available to promote mentoring programs for children with
greatest need--
``(1) to assist such children in receiving support and
guidance from a caring adult;
``(2) to improve the academic performance of such children;
``(3) to improve interpersonal relationships between such
children and their peers, teachers, other adults, and family
members;
``(4) to reduce the dropout rate of such children; and
``(5) to reduce juvenile delinquency and involvement in
gangs by such children.
``SEC. 5503. GRANT PROGRAM.
``(a) In General.--In accordance with this section, the
Secretary may make grants to eligible entities to assist such
entities in establishing and supporting mentoring programs
and activities that--
``(1) are designed to link children with greatest need
(particularly such children living in rural areas, high crime
areas, or troubled home environments, or such children
experiencing educational failure) with responsible adults,
who--
``(A) have received training and support in mentoring;
``(B) have been screened using appropriate reference
checks, child and domestic abuse record checks, and criminal
background checks; and
``(C) are interested in working with youth; and
``(2) are intended to achieve 1 or more of the following
goals:
``(A) Provide general guidance to children with greatest
need.
``(B) Promote personal and social responsibility among
children with greatest need.
``(C) Increase participation by children with greatest need
in, and enhance their ability to benefit from, elementary and
secondary education.
``(D) Discourage illegal use of drugs and alcohol,
violence, use of dangerous weapons, promiscuous behavior, and
other criminal, harmful, or potentially harmful activity by
children with greatest need.
``(E) Encourage children with greatest need to participate
in community service and community activities.
``(F) Encourage children with greatest need to set goals
for themselves or to plan for their futures, including
encouraging such children to make graduation from secondary
school a goal and to make plans for postsecondary education
or training.
``(G) Discourage involvement of children with greatest need
in gangs.
``(b) Eligible Entities.--Each of the following is an
entity eligible to receive a grant under subsection (a):
``(1) A local educational agency.
``(2) A nonprofit, community-based organization.
``(3) A partnership between an agency referred to in
paragraph (1) and an organization referred to in paragraph
(2).
``(c) Use of Funds.--
``(1) In general.--Each entity receiving a grant under this
section shall use the grant funds for activities that
establish or implement a mentoring program, including--
``(A) hiring of mentoring coordinators and support staff;
``(B) providing for the professional development of
mentoring coordinators and support staff;
``(C) recruitment, screening, and training of adult
mentors;
``(D) reimbursement of schools, if appropriate, for the use
of school materials or supplies in carrying out the program;
``(E) dissemination of outreach materials;
``(F) evaluation of the program using scientifically based
methods; and
``(G) such other activities as the Secretary may reasonably
prescribe by rule.
``(2) Prohibited uses.--Notwithstanding paragraph (1), an
entity receiving a grant under this section may not use the
grant funds--
``(A) to directly compensate mentors;
``(B) to obtain educational or other materials or equipment
that would otherwise be used in the ordinary course of the
entity's operations;
``(C) to support litigation of any kind; or
``(D) for any other purpose reasonably prohibited by the
Secretary by rule.
``(d) Term of Grant.--Each grant made under this section
shall be available for expenditure for a period of 3 years.
``(e) Application.--Each eligible entity seeking a grant
under this section shall submit to the Secretary an
application that includes--
``(1) a description of the mentoring plan the applicant
proposes to carry out with such grant;
``(2) information on the children expected to be served by
the mentoring program for which such grant is sought;
[[Page H2503]]
``(3) a description of the mechanism that applicant will
use to match children with mentors based on the needs of the
children;
``(4) an assurance that no mentor will be assigned to
mentor so many children that the assignment would undermine
either the mentor's ability to be an effective mentor or the
mentor's ability to establish a close relationship (a one-on-
one relationship, where practicable) with each mentored
child;
``(5) an assurance that mentoring programs will provide
children with a variety of experiences and support,
including--
``(A) emotional support;
``(B) academic assistance; and
``(C) exposure to experiences that children might not
otherwise encounter on their own;
``(6) an assurance that mentoring programs will be
monitored to ensure that each child assigned a mentor
benefits from that assignment and that there will be a
provision for the assignment of a new mentor if the
relationship between the original mentor is not beneficial to
the child;
``(7) information on the method by which mentors and
children will be recruited to the mentor program;
``(8) information on the method by which prospective
mentors will be screened;
``(9) information on the training that will be provided to
mentors; and
``(10) information on the system that the applicant will
use to manage and monitor information relating to the
program's reference checks, child and domestic abuse record
checks, and criminal background checks and to its procedure
for matching children with mentors.
``(f) Selection.--
``(1) Competitive basis.--In accordance with this
subsection, the Secretary shall select grant recipients from
among qualified applicants on a competitive basis.
``(2) Priority.--In selecting grant recipients under
paragraph (1), the Secretary shall give priority to each
applicant that--
``(A) serves children with greatest need living in rural
areas, high crime areas, or troubled home environments, or
who attend schools with violence problems;
``(B) provides background screening of mentors, training of
mentors, and technical assistance in carrying out mentoring
programs;
``(C) proposes a mentoring program under which each mentor
will be assigned to not more children than the mentor can
serve effectively; or
``(D) proposes a school-based mentoring program.
``(3) Other considerations.--In selecting grant recipients
under paragraph (1), the Secretary shall also consider--
``(A) the degree to which the location of the programs
proposed by each applicant contributes to a fair distribution
of programs with respect to urban and rural locations;
``(B) the quality of the mentoring programs proposed by
each applicant, including--
``(i) the resources, if any, the applicant will dedicate to
providing children with opportunities for job training or
postsecondary education;
``(ii) the degree to which parents, teachers, community-
based organizations, and the local community have
participated, or will participate, in the design and
implementation of the applicant's mentoring program;
``(iii) the degree to which the applicant can ensure that
mentors will develop longstanding relationships with the
children they mentor;
``(iv) the degree to which the applicant will serve
children with greatest need in the 4th, 5th, 6th, 7th, and
8th grades; and
``(v) the degree to which the program will continue to
serve children from the 4th grade through graduation from
secondary school; and
``(C) the capability of each applicant to effectively
implement its mentoring program.
``(4) Grant to each state.--Notwithstanding any other
provision of this subsection, in selecting grant recipients
under paragraph (1), the Secretary shall select not less than
1 grant recipient from each State for which there is a
qualified applicant.
``(g) Model Screening Guidelines.--
``(1) In general.--Based on model screening guidelines
developed by the Office of Juvenile Programs of the
Department of Justice, the Secretary shall develop and
distribute to program participants specific model guidelines
for the screening of mentors who seek to participate in
programs to be assisted under this part.
``(2) Background checks.--The guidelines developed under
this subsection shall include, at a minimum, a requirement
that potential mentors be subject to reference checks, child
and domestic abuse record checks, and criminal background
checks.
``SEC. 5504. STUDY BY GENERAL ACCOUNTING OFFICE.
``(a) In General.--The Comptroller General of the United
States shall conduct a study to identify successful school-
based mentoring programs, and the elements, policies, or
procedures of such programs that can be replicated.
``(b) Report.--Not later than 3 years after the date of
enactment of the Mentoring for Success Act, the Comptroller
General shall submit a report to the Secretary and Congress
containing the results of the study conducted under this
section.
``(c) Use of Information.--The Secretary shall use
information contained in the report referred to in subsection
(b)--
``(1) to improve the quality of existing mentoring programs
assisted under this part and other mentoring programs
assisted under this Act; and
``(2) to develop models for new programs to be assisted or
carried out under this Act.
``SEC. 5505. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out
section 5503 $50,000,000 for fiscal year 2002 and such sums
as may be necessary for each of fiscal years 2003 through
2006.''.
TITLE VI--IMPACT AID PROGRAM
SEC. 601. PAYMENTS UNDER SECTION 8002 WITH RESPECT TO FISCAL
YEARS IN WHICH INSUFFICIENT FUNDS ARE
APPROPRIATED.
(a) Foundation Payments for Pre-1995 Recipients.--Section
8002(h)(1) (20 U.S.C. 7702(h)(1)) is amended--
(1) in subparagraph (A), by striking ``and was eligible to
receive a payment under section 2 of the Act of September 30,
1950'' and inserting ``and that filed, or has been determined
pursuant to statute to have filed a timely application, and
met, or has been determined pursuant to statute to meet, the
eligibility requirements of section 2(a)(1)(C) of the Act of
September 30, 1950''; and
(2) in subparagraph (B), by striking ``(or if the local
educational agency was not eligible to receive a payment
under such section 2 for fiscal year 1994'' and inserting
``(or if the local educational agency did not meet, or has
not been determined pursuant to statute to meet, the
eligibility requirements of section 2(a)(1)(C) of the Act of
September 30, 1950 for fiscal year 1994''.
(b) Payments for 1995 Recipients.--Section 8002(h)(2) (20
U.S.C. 7702(h)(2)) is amended--
(1) in subparagraph (A), by adding at the end before the
period ``, or whose application for fiscal year 1995 was
determined pursuant to statute to be timely filed for
purposes of payments for subsequent fiscal years''; and
(2) in subparagraph (B)(ii), by striking ``for each local
educational agency that received a payment under this section
for fiscal year 1995'' and inserting ``for each local
educational agency described in subparagraph (A)''.
(c) Remaining Funds.--Section 8002(h)(4)(B) (20 U.S.C.
7702(h)(4)(B)) is amended--
(1) by striking ``(in the same manner as percentage shares
are determined for local educational agencies under paragraph
(2)(B)(ii))'' and inserting ``(by dividing the maximum amount
that the agency is eligible to receive under subsection (b)
by the total of the maximum amounts for all such agencies)'';
and
(2) by striking ``, except that for the purpose of
calculating a local educational agency's assessed value of
the Federal property'' and inserting ``, except that, for
purposes of calculating a local educational agency's maximum
amount under subsection (b)''.
(d) Application for Payment.--Notwithstanding any other
provision of law, the Secretary shall treat as timely filed
an application under section 8002 (20 U.S.C. 7702) from
Academy School District 20, Colorado, for a payment for
fiscal year 1999, and shall process that application from
funds appropriated for that section for fiscal year 2001.
SEC. 602. CALCULATION OF PAYMENT UNDER SECTION 8003 FOR SMALL
LOCAL EDUCATIONAL AGENCIES.
Section 8003(b)(3)(B)(iv) (20 U.S.C. 7703(b)(3)(B)(iv)) is
amended by inserting after ``of the State in which the agency
is located'' the following: ``or less than the average per
pupil expenditure of all the States''.
SEC. 603. CONSTRUCTION.
(a) School Facility Emergency and Modernization Grants.--
Section 8007(b) (20 U.S.C. 7707(b)) is amended to read as
follows:
``(b) School Facility Emergency and Modernization Grants
Authorized.--
``(1) In general.--From 60 percent of the amount
appropriated for each fiscal year under section 8014(e), the
Secretary--
``(A) shall award emergency grants in accordance with this
subsection to eligible local educational agencies to enable
the agencies to carry out emergency repairs of school
facilities; and
``(B) shall award modernization grants in accordance with
this subsection to eligible local educational agencies to
enable the agencies to carry out the modernization of school
facilities.
``(2) Priority.--In approving applications from local
educational agencies for emergency grants and modernization
grants under this subsection, the Secretary shall give
priority to applications for emergency grants and, among such
applications for emergency grants, shall give priority to
those applications of local educational agencies based on the
severity of the emergency.
``(3) Eligibility requirements.--
``(A) Emergency grants.--A local educational agency is
eligible to receive an emergency grant under this subsection
only if--
``(i) the agency (or in the case of a local educational
agency that does not have the authority to tax or issue
bonds, the agency's fiscal agent)--
``(I) has no practical capacity to issue bonds;
``(II) has minimal capacity to issue bonds and is at 75
percent of the agency's limit of bonded indebtedness; or
``(III) does not meet the requirements of subclauses (I)
and (II) but is eligible to receive funds under section
8003(b)(2) for the fiscal year; and
``(ii) the agency is eligible to receive assistance under
subsection (a) for the fiscal year 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.
``(B) Modernization grants.--A local educational agency is
eligible to receive a modernization grant under this
subsection only if--
``(i) the agency (or in the case of a local educational
agency that does not have the authority to tax or issue
bonds, the agency's fiscal agent) meets the requirements of
subclause (I), (II), or (III) of subparagraph (A)(i);
``(ii) the agency is eligible to receive assistance under
section 8002 for the fiscal year and has an assessed value of
real property per student that may be taxed for school
purposes that is less
[[Page H2504]]
than the average of the assessed value of real property per
student that may be taxed for school purposes in the State in
which the local educational agency is located; and
``(iii) the agency has facility needs resulting from
actions of the Federal Government, such as enrollment
increases due to the expansion of Federal activities, housing
privatization, or the acquisition of Federal property.
``(C) Rule of construction.--For purposes of subparagraph
(A)(i), a local educational agency--
``(i) has no practical capacity to issue bonds if the total
assessed value of real property that may be taxed for school
purposes is less than $25,000,000; and
``(ii) has minimal capacity to issue bonds if the total
assessed value of real property that may be taxed for school
purposes is not less than $25,000,000 but not more than
$50,000,000.
``(4) Award criteria.--In awarding emergency grants and
modernization grants under this subsection, the Secretary
shall consider the following factors:
``(A) The ability of the local educational agency to
respond to the emergency, or to pay for the modernization
project, as the case may be, as measured by--
``(i) the agency's level of bonded indebtedness;
``(ii) the assessed value of real property per student that
may be taxed for school purposes compared to the average of
the assessed value of real property per student that may be
taxed for school purposes in the State in which the agency is
located;
``(iii) the agency's total tax rate for school purposes
(or, if applicable, for capital expenditures) compared to the
average total tax rate for school purposes (or the average
capital expenditure tax rate, if applicable) in the State in
which the agency is located; and
``(iv) funds that are available to the agency, from any
other source, including section 8007(a), that may be used for
capital expenditures.
``(B) The percentage of property in the agency that is
nontaxable due to the presence of the Federal Government.
``(C) The number and percentages of children described in
subparagraphs (A), (B), (C), and (D) of section 8003(a)(1)
served in the school facility with the emergency or served in
the school facility proposed for modernization, as the case
may be.
``(D) In the case of an emergency grant, the severity of
the emergency, as measured by the threat that the condition
of the school facility poses to the health, safety, and well-
being of students.
``(E) In the case of a modernization grant--
``(i) the severity of the need for modernization, as
measured by such factors as--
``(I) overcrowding, as evidenced by the use of portable
classrooms; or
``(II) the agency's inability to maximize the use of
technology or offer a curriculum in accordance with
contemporary State standards due to the physical limitations
of the current school facility; and
``(ii) the age of the school facility proposed for
modernization.
``(5) Other award provisions.--
``(A) General provisions.--
``(i) Limitations on amount of funds.--
``(I) In general.--The amount of funds provided under an
emergency grant or a modernization grant awarded under this
subsection to a local educational agency that meets the
requirements of subclause (II) or (III) of paragraph
(3)(A)(i)--
``(aa) shall not exceed 50 percent of the total cost of the
project to be assisted under this subsection; and
``(bb) shall not exceed $3,000,000 during any 5-year
period.
``(II) In-kind contributions.--A local educational agency
may use in-kind contributions to meet the matching
requirement of subclause (I)(aa).
``(ii) Prohibitions on use of funds.--A local educational
agency may not use funds provided under an emergency grant or
modernization grant awarded under this subsection for--
``(I) a project for a school facility for which the agency
does not have full title or other interest; or
``(II) stadiums or other facilities primarily used for
athletic contests, exhibitions, or other events for which
admission is charged to the general public.
``(iii) Supplement not supplant.--A local educational
agency shall use funds provided under an emergency grant or
modernization grant awarded under this subsection only to
supplement the amount of funds that would, in the absence of
the Federal funds provided under the grant, be made available
from non-Federal sources to carry out emergency repairs of
school facilities or to carry out the modernization of school
facilities, as the case may be, and not to supplant such
funds.
``(B) Emergency grants.--
``(i) Prohibition on use of funds.--A local educational
agency that is awarded an emergency grant under this
subsection may not use amounts under the grant for the
complete or partial replacement of an existing school
facility unless such replacement is less expensive or more
cost-effective to correct the identified emergency.
``(ii) Carry-over of certain applications.--In the case of
a local educational agency that applies for an emergency
grant under this subsection for a fiscal year and does not
receive the grant for the fiscal year, the Secretary--
``(I) shall, upon the request of the agency, treat the
application as an application for an emergency grant under
this subsection for the subsequent fiscal year in accordance
with the priority requirements of paragraph (2); and
``(II) shall allow the agency to amend or otherwise update
the application, as appropriate.
``(6) Application.--A local educational agency that desires
to receive an emergency grant or a modernization grant under
this subsection 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 the following:
``(A) The information described in clauses (i) through (iv)
of paragraph (4)(A) and subparagraphs (B) and (C) of
paragraph (4).
``(B) In the case of an application for an emergency
grant--
``(i) a description of the school facility deficiency that
poses a health or safety hazard to the occupants of the
facility and a description of how the deficiency will be
repaired; and
``(ii) a signed statement from an appropriate local
official certifying that a deficiency in the school facility
threatens the health or safety of the occupants of the
facility or that prevents the use of all or a portion of the
building.
``(C) In the case of an application for a modernization
grant--
``(i) an explanation of the need for the school facility
modernization project; and
``(ii) the date on which original construction of the
facility to be modernized was completed.
``(D) A description of the project for which a grant under
this subsection would be used, including a cost estimate for
the project.
``(E) A description of the interest in, or authority over,
the school facility involved, such as an ownership interest
or a lease arrangement.
``(F) Such other information and assurances as the
Secretary may reasonably require.
``(7) Report.--
``(A) In general.--Not later than January 1 of each year,
the Secretary shall prepare and submit to the appropriate
congressional committees a report that contains a
justification for each grant awarded under this subsection
for the prior fiscal year.
``(B) Definition.--In this paragraph, the term `appropriate
congressional committees' means--
``(i) the Committee on Appropriations and the Committee on
Education and the Workforce of the House of Representatives;
and
``(ii) the Committee on Appropriations and the Committee on
Health, Education, Labor and Pensions of the Senate.''.
(b) Authorization of Appropriations.--Section 8014(e) (20
U.S.C. 7714(e)) is amended by striking ``for each of the
three succeeding fiscal years'' and inserting ``for fiscal
year 2001, $150,000,000 for fiscal year 2002, and such sums
as may be necessary for each of the four succeeding fiscal
years''.
SEC. 604. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE
AID.
Section 8009(b)(1) (20 U.S.C. 7709(b)(1)) is amended by
inserting after ``section 8003(a)(2)(B)'' the following:
``and, with respect to a local educational agency that
receives a payment under section 8003(b)(2), the amount in
excess of the amount that the agency would receive if the
agency were deemed to be an agency eligible to receive a
payment under section 8003(b)(1) and not section
8003(b)(2)''.
SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
Section 8014 (20 U.S.C. 7714) is amended by striking
``three succeeding fiscal years'' each place it appears and
inserting ``six succeeding fiscal years''.
SEC. 606. REPEAL OF EXISTING TITLE VI; TRANSFER AND
REDESIGNATION OF PROGRAM.
(a) Repeal of Existing Title VI.--Title VI (20 U.S.C. 7301
et seq.) is repealed.
(b) Transfer and Redesignation of Program.--(1) Title VIII
(20 U.S.C. 7701 et seq.)--
(A) is transferred from the current placement of the title
and inserted after title V; and
(B) is redesignated as title VI.
(2) Title VI (as redesignated by paragraph (1)(B)) is
amended--
(A) by redesignating sections 8001 through 8005 (20 U.S.C.
7701-7705) as sections 6001 through 6005, respectively; and
(B) by redesignating sections 8007 through 8014 (20 U.S.C.
7707-7714) as sections 6006 through 6013, respectively.
(c) Conforming Amendments.--(1) Title VI (as redesignated
by subsection (b)) is amended by striking ``8002'', ``8003'',
``8004'', ``8005'', ``8008'', ``8009'', ``8011'', ``8013'',
and ``8014'' each place such terms appear and inserting
``6002'', ``6003'', ``6004'', ``6005'', ``6007'', ``6008'',
``6010'', ``6012'', and ``6013'', respectively.
(2) Section 6005 (as redesignated by subsection (b)) is
amended in the heading by striking ``8002 and 8003'' and
inserting ``6002 and 6003''.
(3) Section 6009(c)(1) (as redesignated by subsection (b))
is amended in the heading by striking ``8003'' and inserting
``6003''.
(d) Savings Provision.--Funds appropriated for title VIII
of the Elementary and Secondary Education Act of 1965 (as in
effect on the day before the date of the enactment of this
Act) shall be available for use under title VI of such Act,
as added by this section.
TITLE VII--ACCOUNTABILITY
SEC. 701. FLEXIBILITY AND ACCOUNTABILITY.
Title VII is amended to read as follows:
``TITLE VII--FLEXIBILITY AND ACCOUNTABILITY
``PART A--STATE ACCOUNTABILITY FOR IMPROVING ACADEMIC ACHIEVEMENT
``SEC. 7101. STATE FINANCIAL AWARDS.
``(a) In General.--Beginning in the 2002-2003 school year,
the Secretary shall make in accordance with this section
financial awards, to be known as `Achievement in Education
Awards', to States that have made significant progress in
improving educational achievement.
``(b) Criteria of Progress.--For the purposes of subsection
(a), the Secretary shall judge progress using each of the
following criteria, giving the greatest weight to the
criterion described in paragraph (1):
``(1) The progress of the State's students from
economically disadvantaged families and students from racial
and ethnic minority groups--
[[Page H2505]]
``(A) on the assessments administered by the State under
section 1111; and
``(B) beginning in the 2003-2004 school year, on
assessments of 4th and 8th grade reading and mathematics
under--
``(i) the State assessments carried out as part of the
National Assessment of Educational Progress under section 411
of the National Education Statistics Act of 1994 (20 U.S.C.
9010); or
``(ii) an assessment selected by the State that--
``(I) is administered annually;
``(II) yields high quality data that are valid and
reliable;
``(III) meets widely recognized professional and technical
standards, including specific and rigorous test security
procedures;
``(IV) is developed by an entity independent from each
State and local government agency in the State in a manner
that protects against any conflict of interest ;
``(V) has no test questions that are identical to the test
questions used by the assessment used to meet the State
assessment requirements under section 1111;
``(VI) provides results in such a form that they may be
expressed in terms of achievement levels that are consistent
with the achievement levels (basic, proficient, and advanced)
set forth in section 1111;
``(VII) provides results in such a form that they may be
disaggregated, at a minimum, according to income level and
major racial and ethnic group; and
``(VIII) is administered to all students or to a
representative sample of students in the 4th and 8th grades
statewide, with a sample size that is sufficiently large to
produce statistically significant estimates of statewide
student achievement.
``(2) The overall improvement in the achievement of all of
the State's students, as measured by--
``(A) the assessments administered by the State under
section 1111; and
``(B) beginning in the 2003-2004 school year, the
assessments described in paragraph (1)(B).
``(3) The progress of the State in improving the English
proficiency of students who enter school with limited English
proficiency.
``(c) Other Considerations.--In judging a State's progress
under subsection (a), the Secretary may also consider--
``(1) the progress of the State in increasing the
percentage of students who graduate from secondary schools;
and
``(2) the progress of the State in increasing the
percentage of students who take advanced coursework (such as
Advanced Placement or International Baccalaureate courses)
and who pass the exams associated with such coursework.
``(d) Amount.--The Secretary shall determine the amount of
an award under subsection (a) based on--
``(1) the school-age population of the State; and
``(2) the degree of progress shown by a State with respect
to the criteria set forth in subsections (b) and (c).
``(e) Use of Funds.--
``(1) In general.--A State receiving a financial award
under this section shall use the proceeds of such award only
to make financial awards to public elementary and secondary
schools in the State that have made the most significant
progress with respect to the criteria described in subsection
(b).
``(2) Use by schools.--In consultation with the school's
teachers, the principal of each elementary or secondary
school that receives a financial award from a State under
this section shall use the proceeds of such award at the
school for any educational purpose permitted under State law.
``(3) Responsible state agency.--The State educational
agency for each State shall be the agency responsible for
making awards under this subsection.
``(f) Peer Review.--In selecting States for awards under
subsection (a), the Secretary shall use a peer-review
process.
``(g) Costs of Independent Assessments.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall make grants to States to offset the costs of
administering assessments administered by the States to meet
the requirements of (b)(1)(B)(ii).
``(2) Limitations.--Grants made by the Secretary in any
year to a State under paragraph (1)--
``(A) may be awarded only to offset the costs of a single
administration of an assessment described in such paragraph
in the State for that year; and
``(B) may not exceed the costs of administering in the
State for that year the State assessments that would be
carried out under the National Assessment of Educational
Progress described in subsection (b)(1)(B).
``(3) Allocation.--The Secretary may determine the
appropriate methodology of allocating grants to States under
this subsection.
``SEC. 7102. STATE SANCTIONS.
``(a) Failure to Make Progress.--
``(1) Loss of administrative funds.--The Secretary shall
reduce, by 30 percent, the amount of funding that a State may
reserve for State administration under the State formula
grant programs authorized by this Act if the Secretary
determines that, for 2 consecutive years--
``(A) the State's students from economically disadvantaged
families and students from racial and ethnic minority groups
failed to make adequate yearly progress on the assessments
administered by the State under section 1111; and
``(B) the State's students from economically disadvantaged
families and students from racial and ethnic minority groups
failed to make measurable progress in reading and
mathematics, as measured by the 4th and 8th grade assessments
described in subsection (b)(1)(B).
``(2) Further reductions.--In each of the first 2 years
after the years described in paragraph (1), the Secretary may
increase the reduction described in such paragraph by any
amount not more than a total of an additional 45 percent.
``(b) Other Failures.--In addition to any action taken
under subsection (a)(1) or (a)(2), the Secretary shall
reduce, by 20 percent, the amount of funding that a State may
reserve for State administration under the State formula
grant programs authorized by this Act if the Secretary
determines that, for 2 consecutive years, the State failed to
make adequate yearly progress--
``(1) with respect to the achievement of children with
limited English proficiency under section
1111(b)(2)(C)(iii)(II)(dd); or
``(2) with respect to the acquisition of English language
proficiency by children with limited English proficiency
under section 1111(b)(2)(C)(iii)(III).
``(c) Use of Funds for Improvement.--
``(1) In general.--The Secretary shall require that any
funds reduced under this section be allocated by the State to
local educational agencies in the State for school
improvement purposes described in section 1116.
``(2) Treatment of funds.--Funds described in paragraph (1)
shall not count toward the amounts that are required to be
reserved by a State for school improvement under section
1003.
``SEC. 7103. DEVELOPMENT OF STATE STANDARDS AND ASSESSMENTS.
``(a) In General.--The Secretary shall make financial
awards to States to enable the States--
``(1) to pay the costs of the development of the additional
State assessments and standards required by section 1111(b),
including the costs of working in voluntary partnerships with
other States, at the sole discretion of each such State, in
developing such assessments and standards if a State chooses
to do so; and
``(2) if a State has developed the assessments and
standards referred to in paragraph (1), to administer such
assessments or to carry out other activities described in
this title and other activities related to ensuring
accountability for results in the State's schools and local
educational agencies, such as--
``(A) developing academic content and achievement standards
and aligned assessments in other subjects not required by
Section 1111;
``(B) developing assessments of English language
proficiency necessary to comply with section 1111(b)(7);
``(C) assuring the continued validity and reliability of
State assessments;
``(D) refining State assessments to ensure their continued
alignment with the State's academic content standards and to
improve the alignment of curricula and instruction materials;
``(E) providing for multiple measures to increase the
reliability and validity of student and school
classifications;
``(F) strengthening the capacity of local educational
agencies and schools to provide all students the opportunity
to increase educational achievement;
``(G) expanding the range of accommodations available to
students with limited English proficiency and students with
disabilities to improve the rates of inclusion of such
students; and
``(H) improving the dissemination of information on student
achievement and school performance to parents and the
community.
``(b) Bonuses.--The Secretary shall make a one-time bonus
payment to each State that completes the development of the
assessments described in subsection (a) ahead of the deadline
set forth in section 1111.
``SEC. 7104. FUNDING.
``(a) Authorization of appropriations.--
``(1) Awards and bonus payments.--For the purposes of
making awards under section 7101 and bonus payments under
section 7103(b), there are authorized to be appropriated
$40,000,000 for fiscal year 2002 and such sums as may be
necessary for each of fiscal years 2003 through 2006.
``(2) Grants for independent assessments; administration of
state assessments under naep.--For the purposes of making
grants to offset the costs of independent assessments under
section 7101(g) and for the purposes of administering the
State assessments carried out under the National Assessment
of Educational Progress referred to in section
7101(b)(1)(B)(i), there are authorized to be appropriated to
the Secretary $69,000,000 for fiscal year 2002 and such sums
as may be necessary for each of fiscal years 2003 through
2006.
``(3) Development and administration of state standards and
assessments.--For the purposes of carrying out subsection
7103(a), there are authorized to be appropriated $400,000,000
for fiscal year 2002 and such sums as may be necessary for
each of the fiscal years 2003 through 2005.
``(b) Allocation of Appropriated Funds.--From each of the
amounts appropriated under subsection (a), the Secretary
shall allocate to the States--
``(1) 50 percent based on the relative number of children
aged 5 to 17 in each State; and
``(2) 50 percent allocated equally among the States.
``PART B--FUNDING FLEXIBILITY FOR STATE AND LOCAL EDUCATIONAL AGENCIES
``SEC. 7201. SHORT TITLE.
``This part may be cited as the `State and Local
Transferability Act'.
``SEC. 7202. PURPOSE.
``The purpose of this part is to allow States and local
educational agencies the flexibility--
``(1) to target Federal funds to Federal programs that most
effectively address the unique needs of States and
localities; and
``(2) to transfer Federal funds allocated to other
activities to allocations for activities authorized under
title I programs.
[[Page H2506]]
``SEC. 7203. TRANSFERABILITY OF FUNDS.
``(a) Transfers by States.--
``(1) In general.--In accordance with this part, a State
may transfer up 50 percent of the nonadministrative State
funds allocated to the State for use for State-level
activities under each of the following provisions to 1 or
more of the State's allocations under any other of such
provisions:
``(A) Part A of Title II.
``(B) Subpart 1 of part A of title IV.
``(C) Part A or B of title V.
``(2) Supplemental funds for title I.--In accordance with
this part, a State may transfer any funds allocated to the
State under a provision listed in paragraph (1) to its
allocation under title I.
``(b) Transfers by Local Educational Agencies.--
``(1) Authority to transfer funds.--
``(A) In general.--In accordance with this part, a local
educational agency (except a local educational agency
identified for improvement under section 1116(c)(2) or
subject to corrective action under section 1116(c)(9)) may
transfer not more than 50 percent of the funds allocated to
it under each of the provisions listed in paragraph (2) for a
fiscal year to 1 or more of its allocations for such fiscal
year under any other provision listed in paragraph (2).
``(B) Agencies identified for improvement.--A local
educational agency identified for improvement under section
1116(c)(2) may transfer in accordance with this part not more
than 30 percent of the funds allocated to it under each of
the provisions listed in paragraph (2)--
``(i) to its allocation for school improvement under
section 1003;
``(ii) to any other allocation if such transferred funds
are used only for local educational agency improvement
activities consistent with section 1116(d).
``(C) Supplemental funds for title I.--In accordance with
this part, a local educational agency may transfer funds
allocated to such agency under a provision listed in
paragraph (2) to its allocation under title I.
``(2) Applicable provisions.--A local educational agency
may transfer funds under subparagraph (A) or (B) from
allocations made under each of the following provisions:
``(A) Title II.
``(B) Subpart 1 of Part A of title IV.
``(C) Part A of title V or section 5212(2)(A).
``(c) No Transfer of Title I Funds.--A State or a local
educational agency may not transfer under this part to any
other program any funds allocated to it under title I.
``(d) Modification of plans and applications;
notification.--
``(1) State transfers.--Each State that makes a transfer of
funds under this section shall--
``(A) modify to account for such transfer each State plan,
or application submitted by the State, to which such funds
relate;
``(B) not later than 30 days after the date of such
transfer, submit a copy of such modified plan or application
to the Secretary; and
``(C) not later than 30 days before the effective date of
such transfer, notify the Secretary of such transfer.
``(2) Local transfers.--Each local educational agency that
makes a transfer under this section shall--
``(A) modify to account for such transfer each local plan,
or application submitted by the agency, to which such funds
relate;
``(B) not later than 30 days after the date of such
transfer, submit a copy of such modified plan or application
to the State; and
``(C) not later than 30 days before the effective date of
such transfer, notify the State of such transfer.
``(e) Applicable rules.--
``(1) In general.--Except as otherwise provided in this
part, funds transferred under this section are subject to
each of the rules and requirements applicable to the funds
allocated by the Secretary under the provision to which the
transferred funds are transferred.
``(2) Consultation.--Each State educational agency or local
educational agency that transfers funds under this section
shall conduct consultations in accordance with section
8503(c), if such transfer transfers funds from a program that
provides for the participation of students, teachers, or
other educational personnel, from private schools.''.
TITLE VIII--GENERAL PROVISIONS
SEC. 801. GENERAL PROVISIONS.
The Elementary and Secondary Education Act of 1965, as
amended by this Act, is further amended by adding at the end
of title VII the following:
``TITLE VIII--GENERAL PROVISIONS
``PART A--DEFINITIONS
``SEC. 8101. DEFINITIONS.
``Except as otherwise provided, for the purposes of this
Act, the following terms have the following meanings:
``(1) Average daily attendance--
``(A) Except as provided otherwise by State law or this
paragraph, the term `average daily attendance' means--
``(i) the aggregate number of days of attendance of all
students during a school year; divided by
``(ii) the number of days school is in session during such
school year.
``(B) The Secretary shall permit the conversion of average
daily membership (or other similar data) to average daily
attendance for local educational agencies in States that
provide State aid to local educational agencies on the basis
of average daily membership or such other data.
``(C) If the local educational agency in which a child
resides makes a tuition or other payment for the free public
education of the child in a school located in another school
district, the Secretary shall, for purposes of this Act--
``(i) consider the child to be in attendance at a school of
the agency making such payment; and
``(ii) not consider the child to be in attendance at a
school of the agency receiving such payment.
``(D) If a local educational agency makes a tuition payment
to a private school or to a public school of another local
educational agency for a child with disabilities, as defined
in paragraph (5), 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) Beginning teacher.--The term `beginning teacher'
means an educator in a public school who has been teaching
less than a total of 3 complete school years.
``(4) Child.--The term `child' means any person within the
age limits for which the State provides free public
education.
``(5) Child with disability.--The term `child with a
disability' means a child--
``(A) with mental retardation, hearing impairments
(including deafness), speech or language impairments, visual
impairments (including blindness), serious emotional
disturbance (hereinafter referred to as `emotional
disturbance'), orthopedic impairments, autism, traumatic
brain injury, other health impairments, or specific learning
disabilities; and
``(B) who, by reason thereof, needs special education and
related services.
``(6) 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.
``(7) Consolidated local application.--The term
`consolidated local application' means an application
submitted by a local educational agency pursuant to section
14305.
``(8) Consolidated local plan.--The term `consolidated
local plan' means a plan submitted by a local educational
agency pursuant to section 14305.
``(9) Consolidated state application.--The term
`consolidated State application' means an application
submitted by a State educational agency pursuant to section
14302.
``(10) Consolidated state plan.--The term `consolidated
State plan' means a plan submitted by a State educational
agency pursuant to section 14302.
``(11) 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.
``(12) Covered program.--The term `covered program' means
each of the programs authorized by--
``(A) part A of title I;
``(B) part B of title I;
``(C) part C of title I;
``(D) part D of title I;
``(E) part F of title I;
``(F) part G of title I;
``(G) part A of title II;
``(H) part A of title III;
``(I) part A of title V;
``(J) part B of title V; and
``(K) part A of title IV:
``(13) Current expenditures.--The term `current
expenditures' means expenditures for free public education--
``(A) including expenditures for administration,
instruction, attendance, 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 part A of title IV.
``(14) Department.--The term `Department' means the
Department of Education.
``(15) 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.
``(16) Effective schools program.--The term `effective
schools program' means a school-based program that may
encompass preschool through secondary school levels and that
has the objectives of--
``(A) promoting school-level planning, instructional
improvement, and staff development;
``(B) increasing the academic achievement levels of all
children and particularly educationally disadvantaged
children; and
``(C) achieving as ongoing conditions in the school the
following factors identified through scientifically based
research as distinguishing effective from ineffective
schools:
[[Page H2507]]
``(i) Strong and effective administrative and instructional
leadership that creates consensus on instructional goals and
organizational capacity for instructional problem solving.
``(ii) Emphasis on the acquisition of basic and advanced
academic skills.
``(iii) A safe and orderly school environment that allows
teachers and pupils to focus their energies on academic
achievement.
``(iv) Continuous review of students and programs to
evaluate the effects of instruction.
``(17) 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.
``(18) Essential components of reading instruction.--The
term `essential components of reading instruction' means
explicit and systematic instruction in--
``(A) phonemic awareness;
``(B) phonics;
``(C) vocabulary development;
``(D) reading fluency; and
``(E) reading comprehension strategies.
``(19) Family literacy services.--The term `family literacy
services' means services provided to participants on a
voluntary basis that are of sufficient intensity in terms of
hours, and of sufficient duration, to make sustainable
changes in a family, and that integrate all of the following
activities:
``(A) Interactive literacy activities between parents and
their children.
``(B) Training for parents regarding how to be the primary
teacher for their children and full partners in the education
of their children.
``(C) Parent literacy training that leads to economic self-
sufficiency.
``(D) An age-appropriate education to prepare children for
success in school and life experiences.
``(20) Free public education.--The term `free public
education' means education that is provided--
``(A) at public expense, under public supervision and
direction, and without tuition charge; and
``(B) as elementary or secondary school education as
determined under applicable State law, except that such term
does not include any education provided beyond grade 12.
``(21) Fully qualified.--The term `fully qualified'--
``(A) when used with respect to a public elementary or
secondary school teacher means that the teacher has obtained
State certification as a teacher (including certification
obtained through alternative routes to certification) or
passed the State teacher licensing exam and holds a license
to teach in such State, except that when used with respect to
any teacher teaching in a public charter school, means that
the teacher meets the requirements set forth in the State's
public charter school law; and
``(B) when used with respect to--
``(i) an elementary school teacher, means that the teacher
holds a bachelor's degree and demonstrates knowledge and
teaching skills in reading, writing, mathematics, science,
and other areas of the elementary school curriculum; and
``(ii) a middle or secondary school teacher, means that the
teacher holds a bachelor's degree and demonstrates a high
level of competency in all subject areas in which he or she
teaches through--
``(I) a passing level of performance on a rigorous State or
local academic subject areas test; or
``(II) completion of an academic major in each of the
subject areas in which he or she provides instruction.
``(22) 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.
``(23) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101 of the Higher Education Act of 1965.
``(24) Limited english proficient student.--The term
`limited English proficient student' means an individual aged
5 through 17 enrolled in an elementary school or secondary
school--
``(A) who--
``(i) was not born in the United States or whose native
language is a language other than English;
``(ii)(I) is a Native American or Alaska Native, or a
native resident of the outlying areas; and
``(II) comes from an environment where a language other
than English has had a significant impact on such
individual's level of English language proficiency; or
``(iii) is migratory, whose native language is a language
other than English, and who comes from an environment where a
language other than English is dominant; and
``(B) who has sufficient difficulty speaking, reading,
writing, or understanding the English language, and whose
difficulties may deny the individual--
``(i) the ability to meet the State's proficient level of
performance on State assessments described in section
1111(b)(4) in core academic subjects; or
``(ii) the opportunity to participate fully in society.
``(25) Local educational agency.--(A) The term `local
educational agency' means a public board of education or
other public authority legally constituted within a State for
either administrative control or direction of, or to perform
a service function for, public elementary or secondary
schools in a city, county, township, school district, or
other political subdivision of a State, or for such
combination of school districts or counties as are recognized
in a State as an administrative agency for its public
elementary or secondary schools.
``(B) The term includes any other public institution or
agency having administrative control and direction of a
public elementary or secondary school.
``(C) The term includes an elementary or secondary school
funded by the Bureau of Indian Affairs but only to the extent
that such inclusion makes such school eligible for programs
for which specific eligibility is not provided to such school
in another provision of law and such school does not have a
student population that is smaller than the student
population of the local educational agency receiving
assistance under this Act with the smallest student
population, except that such school shall not be subject to
the jurisdiction of any State educational agency other than
the Bureau of Indian Affairs.
``(D) The term includes educational service agencies and
consortia of such agencies.
``(26) 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.
``(27) Native american and native american language.--The
terms `Native American' and `Native American language' shall
have the same meaning given such terms in section 103 of the
Native American Languages Act of 1990.
``(28) Other staff.--The term `other staff' means pupil
services personnel, librarians, career guidance and
counseling personnel, education aides, and other
instructional and administrative personnel.
``(29) Outlying area.--The term `outlying area' means the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, and through
fiscal year 2003 and for the purpose of any discretionary
grant program, includes the freely associated states of the
Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau.
``(30) Parent.--The term `parent' includes a legal
guardian, or other person standing in loco parentis (such as
a grandparent or stepparent with whom the child lives, or a
person who is legally responsible for the child's welfare).
``(31) Pupil services personnel; pupil services.--(A) The
term `pupil services personnel' means school counselors,
school social workers, school psychologists, and other
qualified professional personnel involved in providing
assessment, diagnosis, counseling, educational, therapeutic,
and other necessary services (including related services as
such term is defined in section 602(22) of the Individuals
with Disabilities Education Act) as part of a comprehensive
program to meet student needs.
``(B) The term `pupil services' means the services provided
by pupil services personnel.
``(32) Reading.--The term `reading' means a complex system
of deriving meaning from print that requires all of the
following:
``(A) Skills and knowledge to understand how phonemes, or
speech sounds are connected in print.
``(B) Ability to decode unfamiliar words.
``(C) Ability to read fluently.
``(D) Sufficient background information and vocabulary to
foster reading comprehensions.
``(E) Development of appropriate active strategies to
construct meaning from print.
``(F) Development and maintenance of a motivation to read.
``(33) Rigorous diagnostic reading and screening assessment
tools.--The term `rigorous diagnostic reading and screening
assessment tools' means a diagnostic reading assessment
that--
``(A) is valid, reliable, and grounded on scientifically
based reading research;
``(B) measures progress in developing phonemic awareness
and phonics skills, vocabulary, reading fluency, and reading
comprehension;
``(C) identifies students who may be at risk for reading
failure or who are having difficulty reading; and
``(D) are used to improve instruction.
``(34) Scientifically based research.--The term
`scientifically based research'--
``(A) means the application of rigorous, systematic, and
objective procedures to obtain valid knowledge relevant to
education activities and programs; and
``(B) shall include research that--
``(i) employs systematic, empirical methods that draw on
observation or experiment;
``(ii) involves rigorous data analyses that are adequate to
test the stated hypotheses and justify the general
conclusions drawn;
``(iii) relies on measurements or observational methods
that provide valid data across evaluators and observers and
across multiple measurements and observations;
``(iv) is evaluated using randomized experiments in which
individuals, entities, programs, or activities are randomly
assigned to different variations (including a control
condition) to compare the relative effects of the variations;
and
``(v) has been accepted by a peer-reviewed journal or
approved by a panel of independent experts through a
comparably rigorous, objective, and scientific review.
``(35) 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.
``(36) Secretary.--The term `Secretary' means the Secretary
of Education.
[[Page H2508]]
``(37) 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.
``(38) State educational agency.--The term `State
educational agency' means the agency primarily responsible
for the State supervision of public elementary and secondary
schools.
``(39) Technology.--The term `technology' means the latest
state-of-the-art technology products and services.
``SEC. 8102. APPLICABILITY OF TITLE.
``Parts B, C, D, and E of this title do not apply to title
VI of this Act.
``SEC. 8103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS
OPERATED SCHOOLS.
``For purposes of any competitive program under this Act, a
consortia of schools operated by the Bureau of Indian
Affairs, a school operated under a contract or grant with the
Bureau of Indian Affairs in consortia with another contract
or grant school or tribal or community organization, or a
Bureau of Indian Affairs school in consortia with an
institution of higher education, a contract or grant school
and tribal or community organization shall be given the same
consideration as a local educational agency.
``PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
``SEC. 8201. 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 under paragraph (2) if such State educational agency
can demonstrate that the majority of such agency's resources
are derived from non-Federal sources.
``(2) Applicability.--This section applies to any program
under this Act under which funds are authorized to be used
for administration, and such other programs as the Secretary
may designate.
``(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 programs included in the consolidation
under subsection (a), such as--
``(A) the coordination of such programs with other Federal
and non-Federal programs;
``(B) the establishment and operation of peer-review
mechanisms under this Act;
``(C) the administration of this title;
``(D) the dissemination of information regarding model
programs and practices;
``(E) technical assistance under any program under this
Act;
``(F) State level activities designed to carry out this
title;
``(G) training personnel engaged in audit and other
monitoring activities; and
``(H) implementation of the Cooperative Audit Resolution
and Oversight Initiative of the Department of Education.
``(c) Records.--A State educational agency that
consolidates administrative funds under this section shall
not be required to keep separate records, by individual
program, to account for costs relating to the administration
of programs included in the consolidation under subsection
(a).
``(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under
this section and take such steps as the Secretary finds
appropriate to ensure the effectiveness of such
administration.
``(e) Unused administrative funds.--If a State educational
agency does not use all of the funds available to such agency
under this section for administration, such agency may use
such funds during the applicable period of availability as
funds available under one or more programs included in the
consolidation under subsection (a).
``SEC. 8202. 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. 8203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
``(a) General Authority.--In accordance with regulations of
the Secretary and for any fiscal year, a local educational
agency, with the approval of its State educational agency,
may consolidate and use for the administration of one or more
programs under this Act (or such other programs as the
Secretary shall designate) not more than the percentage,
established in each such program, of the total available for
the local educational agency under such programs.
``(b) State Procedures.--Within one-year from the date of
enactment of the No Child Left Behind Act of 2001, 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 such
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 such programs and for uses, at the school
district and school levels, comparable to those described in
section 8201(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
program, to account for costs relating to the administration
of such programs included in the consolidation.
``SEC. 8204. 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 subpart
1 of part B of title III, and the education for homeless
children and youth program under subtitle B of title VII of
the Stewart B. McKinney Homeless Assistance Act, the amounts
allotted to the Department of the Interior under those
programs.
``(2) Agreement.--(A) The Secretary and the Secretary of
the Interior shall enter into an agreement, consistent with
the requirements of the programs specified in paragraph (1),
for the distribution and use of those program funds under
terms that the Secretary determines best meet the purposes of
those programs.
``(B) The agreement shall--
``(i) set forth the plans of the Secretary of the Interior
for the use of the amount transferred and the 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.
``PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
``SEC. 8301. PURPOSE.
``The purposes of this part are to improve teaching and
learning through greater coordination between programs and to
provide greater flexibility to State and local authorities by
allowing the consolidation of State and local plans,
applications, and reporting.
``SEC. 8302. OPTIONAL CONSOLIDATED STATE PLANS OR
APPLICATIONS.
``(a) General Authority.--
``(1) Simplification.--In order to simplify application
requirements and reduce the burden for States under this Act,
the Secretary, in accordance with subsection (b), shall
establish procedures and criteria under which a State
educational agency, in consultation with the State's
Governor, may submit a consolidated State plan or a
consolidated State application meeting the requirements of
this section for--
``(A) any programs under this Act in which the State
participates; and
``(B) such other programs as the Secretary may designate.
``(2) Consolidated applications and plans.--A State
educational agency, in consultation with the State's
Governor, that submits a consolidated State plan or a
consolidated State application under this section shall not
be required to submit a separate State plan or application
for a program included in the consolidated State plan or
application.
``(b) Collaboration.--
``(1) In general.--In establishing criteria and procedures
under this section, the Secretary shall collaborate with
Governors, 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 paragraph (1), the Secretary shall establish,
for each program under the Act to which this section applies,
the descriptions, information, assurances, and other material
required to be included in a consolidated State plan or
consolidated State application.
``(3) Necessary materials.--The Secretary shall require
only descriptions, information, assurances, and other
materials that are absolutely necessary for the consideration
of the consolidated State plan or consolidated State
application.
``SEC. 8303. CONSOLIDATED REPORTING.
``In order to simplify reporting requirements and reduce
reporting burdens, the Secretary shall establish procedures
and criteria under which a State educational agency, in
consultation with the State's Governor, may submit a
consolidated State annual report. Such report shall contain
information about the programs included in the report,
including the State's performance under those programs, and
other matters as the Secretary determines, such as monitoring
activities. Such a report shall take the place of separate
individual annual reports for the programs subject to it.
``SEC. 8304. GENERAL APPLICABILITY OF STATE EDUCATIONAL
AGENCY ASSURANCES.
``(a) Assurances.--A State educational agency, in
consultation with the State's Governor, that submits a
consolidated State plan or consolidated State application
under this Act, whether separately or under section 8302,
shall
[[Page H2509]]
have on file with the Secretary a single set of assurances,
applicable to each program for which such plan or application
is submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds
will be in a public agency, in a nonprofit private agency,
institution, or organization, or in an Indian tribe if the
law authorizing the program provides for assistance to such
entities; and
``(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will administer
such funds and property to the extent required by the
authorizing law;
``(3) the State will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by law on
agencies, institutions, organizations, and other recipients
responsible for carrying out each program;
``(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or
evaluation; and
``(C) the adoption of written procedures for the receipt
and resolution of complaints alleging violations of law in
the administration of such programs;
``(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
``(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to the State under
each such program;
``(6) the State will--
``(A) make reports to the Secretary as may be necessary to
enable the Secretary to perform the Secretary's duties under
each such program; and
``(B) maintain such records, provide such information to
the Secretary, and afford access to the records as the
Secretary may find necessary to carry out the Secretary's
duties; and
``(7) before the plan or application was submitted to the
Secretary, the State has afforded a reasonable opportunity
for public comment on the plan or application and has
considered such comment.
``(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
``SEC. 8305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
``(a) General Authority.--A local educational agency
receiving funds under more than one program under this Act
may submit plans or applications to the Governor and State
educational agency under such programs on a consolidated
basis.
``(b) Required Consolidated Plans or Applications.--A State
that has an approved consolidated State plan or application
under section 8302 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, but may not require such
agencies to submit separate plans.
``(c) Collaboration.--A Governor and 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 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. 8306. OTHER GENERAL ASSURANCES.
``(a) Assurances.--Any applicant other than a State that
submits a plan or application under this Act, shall have on
file with the State 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 Governor and 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 Governor and State
educational agency or the Secretary may find necessary to
carry out the State'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 programs under this Act.
``PART D--WAIVERS
``SEC. 8401. 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 or the Carl D. Perkins Vocational and
Technical Education Act of 1998 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 application to the Secretary that--
``(A) indicates each Federal program affected and each
statutory or regulatory requirement requested to be waived;
``(B) describes the purpose and overall expected results of
waiving each such requirement;
``(C) describes, for each school year, specific,
measurable, educational goals for the State educational
agency and for each local educational agency, Indian tribe,
or school that would be affected by the waiver; and
``(D) explains why the waiver will assist the State
educational agency and each affected local educational
agency, Indian tribe, or school in reaching such goals.
``(2) Additional information.--Such requests--
``(A) may provide for waivers of requirements applicable to
State educational agencies, local educational agencies,
Indian tribes, and schools; and
``(B) shall be developed and submitted--
``(i)(I) by local educational agencies (on behalf of such
agencies and schools) to State educational agencies; and
``(II) by State educational agencies (on behalf of, and
based upon the requests of, local educational agencies) to
the Secretary; or
``(ii) by Indian tribes (on behalf of schools operated by
such tribes) to the Secretary.
``(3) General requirements.--
``(A) In the case of a waiver request submitted by a State
educational agency acting in its own behalf, the State
educational agency shall--
``(i) provide all interested local educational agencies in
the State with notice and 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.
``(B) In the case of a waiver request submitted by a local
educational agency that receives funds under this Act--
``(i) such request shall be reviewed by the State
educational agency and be accompanied by the comments, if
any, of such State educational agency; and
``(ii) notice and information regarding the waiver request
shall be provided to the public by the agency requesting the
waiver in the manner that such agency customarily provides
similar notices and information to the public.
``(c) Restrictions.--The Secretary shall not waive under
this section any statutory or regulatory requirements
relating to--
``(1) the allocation or distribution of funds to States,
local educational agencies, or other recipients of funds
under this Act;
``(2) maintenance of effort;
``(3) comparability of services;
``(4) use of Federal funds to supplement, not supplant,
non-Federal funds;
``(5) equitable participation of private school students
and teachers;
``(6) parental participation and involvement;
``(7) applicable civil rights requirements;
``(8) the requirement for a charter school under part B of
title IV; or
``(9) the prohibitions regarding--
``(A) State aid in section 8502;
``(B) use of funds for religious worship or instruction in
section 8507; and
``(C) activities in section 8513.
``(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 5 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
[[Page H2510]]
``(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 2002
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, after notice and an opportunity for a hearing,
that the performance of the State or other recipient affected
by the waiver has been inadequate to justify a continuation
of the waiver or if the waiver is no longer necessary to
achieve its original purposes.
``(g) Publication.--A notice of the Secretary's decision to
grant each waiver under subsection (a) shall be published in
the Federal Register and the Secretary shall provide for the
dissemination of such notice to State educational agencies,
interested parties, including educators, parents, students,
advocacy and civil rights organizations, and the public.
``PART E--UNIFORM PROVISIONS
``SEC. 8501. MAINTENANCE OF EFFORT.
``(a) In General.--A local educational agency may receive
funds under a covered program for any fiscal year only if the
State educational agency finds that either the combined
fiscal effort per student or the aggregate expenditures of
such agency and the State with respect to the provision of
free public education by such agency for the preceding fiscal
year was not less than 90 percent of such combined fiscal
effort or aggregate expenditures for the second preceding
fiscal year.
``(b) Reduction in Case of Failure To Meet.--
``(1) In general.--The State educational agency shall
reduce the amount of the allocation of funds under a covered
program in any fiscal year in the exact proportion to which a
local educational agency fails to meet the requirement of
subsection (a) of this section by falling below 90 percent of
both the combined fiscal effort per student and aggregate
expenditures (using the measure most favorable to such local
agency).
``(2) Special rule.--No such lesser amount shall be used
for computing the effort required under subsection (a) of
this section for subsequent years.
``(c) Waiver.--The Secretary may waive the requirements of
this section if the Secretary determines that such a waiver
would be equitable due to--
``(1) exceptional or uncontrollable circumstances such as a
natural disaster; or
``(2) a precipitous decline in the financial resources of
the local educational agency.
``SEC. 8502. PROHIBITION REGARDING STATE AID.
``A State shall not take into consideration payments under
this Act (other than under title VI) in determining the
eligibility of any local educational agency in such State for
State aid, or the amount of State aid, with respect to free
public education of children.
``SEC. 8503. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND
TEACHERS.
``(a) Private School Participation.--
``(1) In general.--Except as otherwise provided in this
Act, to the extent consistent with the number of eligible
children in areas served by a State educational agency, local
educational agency, educational service agency, consortium of
such agencies, or another entity receiving financial
assistance under a program specified in subsection (b), who
are enrolled in private elementary and secondary schools in
areas served by such agency, consortium or entity, such
agency, consortium or entity shall, after timely and
meaningful consultation with appropriate private school
officials, provide such children and their teachers or other
educational personnel, on an equitable basis, special
educational services or other benefits that address their
needs under such program.
``(2) Secular, neutral, and nonideological services or
benefits.--Educational services or other benefits, including
materials and equipment, provided under this section, shall
be secular, neutral, and nonideological.
``(3) Special rule.--Educational services and other
benefits provided under this section for such private school
children, teachers, and other educational personnel shall be
equitable in comparison to services and other benefits for
public school children, teachers, and other educational
personnel participating in such program and shall be provided
in a timely manner.
``(4) Expenditures.--Expenditures for educational services
and other benefits provided under this section to eligible
private school children, their teachers, and other
educational personnel serving such children shall be equal,
taking into account the number and educational needs of the
children to be served, to the expenditures for participating
public school children.
``(5) Provision of services.--Such agency, consortium or
entity described in subsection (a)(1) of this section may
provide such services directly or through contracts with
public and private agencies, organizations, and institutions.
``(b) Applicability.--
``(1) In general.--This section applies to programs under--
``(A) part B, subpart 1 of title I;
``(B) part C of title I;
``(C) part A of title II;
``(D) part A of title III.
``(E) part A of title V; and
``(F) part B of title V;
``(2) Definition.--For the purposes of this section, the
term `eligible children' means children eligible for services
under a program described in paragraph (1).
``(c) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local educational
agency, educational service agency, consortium of such
agencies or entity shall consult with appropriate private
school officials during the design and development of the
programs under this Act, on issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how, where, and by whom the services will be
provided;
``(D) how the services will be assessed and how the results
of the assessment will be used to improve such services;
``(E) the size and scope of the equitable services to be
provided to the eligible private school children, teachers,
and other educational personnel and the amount of funds
available for such services; and
``(F) how and when the agency, consortium, or entity will
make decisions about the delivery of services, including a
thorough consideration and analysis of the views of the
private school officials on the provision of contract
services through potential third party providers.
``(2) Disagreement.--If the agency, consortium or entity
disagrees with the views of the private school officials on
the provision of services through a contract, the agency,
consortium, or entity shall provide in writing to such
private school officials an analysis of the reasons why the
local educational agency has chosen not to use a contractor.
``(3) Timing.--Such consultation shall occur before the
agency, consortium, or entity makes any decision that affects
the opportunities of eligible private school children,
teachers, and other educational personnel to participate in
programs under this Act, and shall continue throughout the
implementation and assessment of activities under this
section.
``(4) Discussion required.--Such consultation shall include
a discussion of service delivery mechanisms that the agency,
consortium, or entity could use to provide equitable services
to eligible private school children, teachers,
administrators, and other staff.
``(d) Public Control of Funds.--
``(1) In general.--The control of funds used to provide
services under this section, and title to materials,
equipment, and property purchased with such funds, shall be
in a public agency for the uses and purposes provided in this
Act, and a public agency shall administer such funds and
property.
``(2) Provision of services.--
``(A) The provision of services under this section shall be
provided--
``(i) by employees of a public agency; or
``(ii) through contract by such public agency with an
individual, association, agency, organization, or other
entity.
``(B) In the provision of such services, such employee,
person, association, agency, organization or other entity
shall be independent of such private school and of any
religious organization, and such employment or contract shall
be under the control and supervision of such public agency.
``(C) Funds used to provide services under this section
shall not be commingled with non-Federal funds.
``SEC. 8504. STANDARDS FOR BY-PASS.
``If, by reason of any provision of law, a State
educational agency, local educational agency, educational
service agency, consortium, or other entity of such agencies,
is prohibited from providing for the participation in
programs of children enrolled in, or teachers or other
educational personnel from, private elementary and secondary
schools, on an equitable basis, or if the Secretary
determines that such agency consortium or entity has
substantially failed or is unwilling to provide for such
participation, as required by section 8503, the Secretary
shall--
``(1) waive the requirements of that section for such
agency, consortium, or entity;
``(2) arrange for the provision of equitable services to
such children, teachers, or other educational personnel
through arrangements that shall be subject to the
requirements of this section and of sections 8503, 8505, and
8506; and
``(3) in making the determination, consider one or more
factors, including the quality, size, scope, location of the
program and the opportunity of private school children,
teachers, and other educational personnel to participate.
``SEC. 8505. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE
SCHOOL CHILDREN.
``(a) Procedures for Complaints.--The Secretary shall
develop and implement written procedures for receiving,
investigating, and resolving complaints from parents,
teachers, or other
[[Page H2511]]
individuals and organizations concerning violations of
section 8503 by a State educational agency, local educational
agency, educational service agency, consortium of such
agencies or entity. Such individual or organization shall
submit such complaint to the State educational agency for a
written resolution by the State educational agency within a
reasonable period of time.
``(b) Appeals to Secretary.--Such resolution may be
appealed by an interested party to the Secretary not later
than 30 days after the State educational agency resolves the
complaint or fails to resolve the complaint within a
reasonable period of time. Such appeal shall be accompanied
by a copy of the State educational agency's resolution, and a
complete statement of the reasons supporting the appeal. The
Secretary shall investigate and resolve each such appeal not
later than 120 days after receipt of the appeal.
``SEC. 8506. BY-PASS DETERMINATION PROCESS.
``(a) Review.--
``(1) In general.--
``(A) The Secretary shall not take any final action under
section 8504 until the State educational agency, local
educational agency, educational service agency, consortium of
such agencies or entity affected by such action has had an
opportunity, for not less than 45 days after receiving
written notice thereof, to submit written objections and to
appear before the Secretary to show cause why that action
should not be taken.
``(B) Pending final resolution of any investigation or
complaint that could result in a determination under this
section, the Secretary may withhold from the allocation of
the affected State or local educational agency the amount
estimated by the Secretary to be necessary to pay the cost of
those services.
``(2) Petition for review.--
``(A) If such affected agency consortium or entity is
dissatisfied with the Secretary's final action after a
proceeding under paragraph (1), such agency consortium or
entity may, within 60 days after notice of such action, file
with the United States court of appeals for the circuit in
which such State is located a petition for review of that
action.
``(B) A copy of the petition shall be forthwith transmitted
by the clerk of the court to the Secretary.
``(C) The Secretary upon receipt of the copy of the
petition shall file in the court the record of the
proceedings on which the Secretary based this action, as
provided in section 2112 of title 28, United States Code.
``(3) Findings of fact.--
``(A) The findings of fact by the Secretary, if supported
by substantial evidence, shall be conclusive, but the court,
for good cause shown, may remand the case to the Secretary to
take further evidence and the Secretary may then make new or
modified findings of fact and may modify the Secretary's
previous action, and shall file in the court the record of
the further proceedings.
``(B) Such new or modified findings of fact shall likewise
be conclusive if supported by substantial evidence.
``(4) Jurisdiction.--
``(A) Upon the filing of such petition, the court shall
have jurisdiction to affirm the action of the Secretary or to
set such action aside, in whole or in part.
``(B) The judgment of the court shall be subject to review
by the Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28, United
States Code.
``(b) Determination.--Any determination by the Secretary
under this section shall continue in effect until the
Secretary determines, in consultation with such agency,
consortium or entity and representatives of the affected
private school children, teachers, or other educational
personnel that there will no longer be any failure or
inability on the part of such agency or consortium to meet
the applicable requirements of section 8503 or any other
provision of this Act.
``(c) Payment From State allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allocation or allocations
under this Act.
``(d) Prior Determination.--Any by-pass determination by
the Secretary under this Act as in effect on the day
preceding the date of enactment of the No Child Left Behind
Act of 2001 shall remain in effect to the extent the
Secretary determines that such determination is consistent
with the purpose of this section.
``SEC. 8507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP
OR INSTRUCTION.
``Nothing contained in this Act shall be construed to
authorize the making of any payment under this Act for
religious worship or instruction.
``SEC. 8508. APPLICABILITY.
``Nothing in this Act shall be construed to affect home
schools, whether or not a home school is treated as a home
school or a private school under State law (consistent with
section 8509), nor shall any home schooled student be
required to participate in any assessment referenced in this
Act.
``SEC. 8509. PRIVATE SCHOOLS.
``Nothing in this Act shall be construed to affect any
private school that does not receive funds or services under
this Act nor shall any student who attends a private school
that does not receive funds or services under this Act be
required to participate in any assessment referenced in this
Act.
``SEC. 8510. PRIVACY OF ASSESSMENT RESULTS.
``Any results from individual assessments referenced in
this Act which become part of the education records of the
student shall have the protections as provided in section 444
of the General Education Provisions Act.
``SEC. 8511. GENERAL PROVISION REGARDING NONRECIPIENT
NONPUBLIC SCHOOLS.
``Nothing in this Act, or any other Act administered by the
Department, shall be construed to permit, allow, encourage,
or authorize any Federal control over any aspect of any
private, religious, or home school, whether or not a home
school is treated as a private school or home school under
State law. This section shall not be construed to bar
private, religious, or home schools from participation in
programs or services under this Act.
``SEC. 8512. SCHOOL PRAYER.
``As a condition for receipt of funds under this Act, a
local educational agency shall certify in writing to the
Secretary that no policy of the agency prevents or otherwise
denies participation in constitutionally protected prayer in
public schools.
``SEC. 8513. GENERAL PROHIBITIONS.
``(a) Prohibition.--None of the funds authorized under this
Act shall be used--
``(1) to develop or distribute materials, or operate
programs or courses of instruction directed at youth that are
designed to promote or encourage, sexual activity, whether
homosexual or heterosexual;
``(2) to distribute or to aid in the distribution by any
organization of legally obscene materials to minors on school
grounds;
``(3) to provide sex education or HIV prevention education
in schools unless such instruction is age appropriate and
emphasizes the health benefits of abstinence; or
``(4) to operate a program of contraceptive distribution in
schools.
``(b) Local control.--Nothing in this section shall be
construed to--
``(1) authorize an officer or employee of the Federal
Government to direct, review, or control a State, local
educational agency, or schools' instructional content,
curriculum, and related activities;
``(2) limit the application of the General Education
Provisions Act (20 U.S.C.A. 1221 et seq.);
``(3) require the distribution of scientifically or
medically false or inaccurate materials or to prohibit the
distribution of scientifically or medically true or accurate
materials; or
``(4) create any legally enforceable right.
``SEC. 8514. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND
CONTROL.
``(a) General Prohibition.--Officers and employees of the
Federal Government are prohibited from mandating, directing,
or controlling a State, local educational agency, or school's
curriculum, program of instruction, or allocation of State or
local resources, or mandating a State or any subdivision
thereof to spend any funds or incur any costs not paid for
under this Act.
``(b) Prohibition of Federal Mandates, Direction, or
Control.--Nothing in this Act shall be construed to authorize
an officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's specific instructional content or academic
achievement standards and assessments, curriculum, or program
of instruction as a condition of eligibility to receive funds
under this Act.
``(c) Equalized Spending.--Nothing in this Act shall be
construed to mandate equalized spending per pupil for a
State, local educational agency, or school.
``(d) Building Standards.--Nothing in this Act shall be
construed to mandate national school building standards for a
State, local agency, or school.
``SEC. 8515. RULEMAKING.
``The Secretary shall issue regulations under this Act only
to the extent that such regulations are necessary to ensure
that there is compliance with the specific requirements and
assurances required by this Act.
``SEC. 8516. REPORT.
``The Secretary shall report to the Congress not later than
180 days after the date of enactment of the No Child Left
Behind Act of 2001 regarding how the Secretary shall ensure
that audits conducted by Department employees of activities
assisted under this Act comply with changes to this Act made
by the No Child Left Behind Act of 2001, particularly with
respect to permitting children with similar educational needs
to be served in the same educational settings, where
appropriate.
``SEC. 8517. REQUIRED APPROVAL OR CERTIFICATION PROHIBITED.
``(a) In General.--Notwithstanding any other provision of
Federal law, no State shall be required to have academic
content standards or student academic achievement standards
approved or certified by the Federal Government, in order to
receive assistance under this Act.
``(b) Construction.--Nothing in this section shall be
construed to affect requirements under title I of this Act.
``SEC. 8518. PROHIBITION ON ENDORSEMENT OF CURRICULUM.
``Notwithstanding any other prohibition of Federal law, no
funds provided to the Department of Education or to any
applicable program may be used by the Department to endorse,
approve, or sanction any curriculum designed to be used in an
elementary or secondary school.
``SEC. 8519. RULE OF CONSTRUCTION ON PERSONALLY IDENTIFIABLE
INFORMATION.
``Nothing in this Act shall be construed to permit the
development of a national database of personally identifiable
information on individuals involved in studies or in data
collection efforts under this Act.
[[Page H2512]]
``SEC. 8520. SEVERABILITY.
``If any provision of this Act is held invalid, the
remainder of this Act shall be unaffected thereby.
``PART F--SENSE OF CONGRESS
``SEC. 8601. PAPERWORK REDUCTION.
``(a) Findings.--The Congress finds that--
``(1) instruction and other classroom activities provide
the greatest opportunity for students, especially at-risk and
disadvantaged students, to attain high standards and achieve
academic success;
``(2) one of the greatest obstacles to establishing an
effective, classroom-centered education system is the cost of
paperwork compliance;
``(3) paperwork places a burden on teachers and
administrators who must complete Federal and State forms to
apply for Federal funds and absorbs time and money which
otherwise would be spent on students;
``(4) the Education at a Crossroads Report released in 1998
by the Education Subcommittee on Oversight and Investigations
states that requirements by the Department of Education
result in more than 48,600,000 hours of paperwork per year;
and
``(5) paperwork distracts from the mission of schools,
encumbers teachers, and administrators with nonacademic
responsibilities, and competes with teaching and classroom
activities which promote learning and achievement.
``(b) Sense of Congress.--It is the sense of Congress that
Federal and State educational agencies should reduce the
paperwork requirements placed on schools, teachers,
principles, and other administrators.
``SEC. 8602. PROHIBITION ON MANDATORY NATIONAL CERTIFICATION
OF TEACHERS AND PARAPROFESSIONALS.
``(a) Prohibition on Mandatory Testing or Certification.--
Notwithstanding any other provision of law, the Secretary is
prohibited from using Federal funds to plan, develop,
implement, or administer any mandatory national teacher or
paraprofessional test or certification.
``(b) Prohibition on Withholding Funds.--The Secretary is
prohibited from withholding funds from any State or local
educational agency if such State or local educational agency
fails to adopt a specific method of teacher or
paraprofessional certification.
``SEC. 8603. PROHIBITION ON FEDERALLY SPONSORED TESTING.
``Notwithstanding any other provision of Federal law, no
funds provided under this Act to the Secretary or to the
recipient of any award may be used to develop, pilot test,
field test, implement, administer, or distribute any
federally sponsored national test in reading, mathematics, or
any other subject, unless specifically and explicitly
authorized by law.
``SEC. 8604. SENSE OF CONGRESS REGARDING MEMORIALS.
``It is the sense of Congress that--
``(1) 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 elementary or
secondary school in order to honor the memory of any person
slain on that campus is not objectionable under this Act; and
``(2) the design and construction of any memorial which
includes religious symbols, motifs, or sayings that is placed
on the campus of a public elementary or secondary school in
order to honor the memory of any person slain on that campus
is not objectionable under this Act.
``PART G--EVALUATIONS
``SEC. 8651. EVALUATIONS.
``(a) Reservation of Funds.--Except as provided in
subsections (b) and (c), the Secretary may reserve not more
than 0.5 percent of the amount appropriated to carry out each
categorical program and demonstration project authorized
under this Act--
``(1) to conduct--
``(A) comprehensive evaluations of the program or project;
and
``(B) studies of the effectiveness of the programs or
project and its administrative impact on schools and local
educational agencies;
``(2) to evaluate the aggregate short- and long-term
effects and cost efficiencies across Federal programs
assisted or authorized under this Act and related Federal
preschool, elementary and secondary programs under any other
Federal law; and
``(3) to increase the usefulness of evaluations of grant
recipients in order to ensure the continuous progress of the
program or project by improving the quality, timeliness,
efficiency, and utilization of information relating to
performance under the program or project.
``(b) Title I Excluded.--The Secretary may not reserve
under subsection (a) funds appropriated to carry out any
program authorized under title I.
``(c) Evaluation Activities Authorized Elsewhere.--If,
under any other provision of this Act (other than title I),
funds are authorized to be reserved or used for evaluation
activities with respect to a program or project, the
Secretary may not reserve additional funds under this section
for the evaluation of such program or project.''.
SEC. 802. COMPREHENSIVE REGIONAL ASSISTANCE CENTERS.
(a) In General.--Part A of title XIII (20 U.S.C. 8621 et
seq.)--
(1) is transferred to the end of title VIII, as amended by
section 801; and
(2) is redesignated as part H.
(b) Redesignation of Sections.--Sections 13101 through
13105 are redesignated as sections 8701 through 8705,
respectively.
(c) Conforming Amendments.--
(1) Requirements.--Section 8702(a) (as redesignated by
subsection (b)) is amended--
(A) by striking ``section 13101(a)'' and inserting
``section 8701(a)''; and
(B) in paragraph (7), by striking ``section 13201'' and
inserting ``section 8751''.
(2) Maintenance of service.--Section 8703(b) (as
redesignated by subsection (b)) is amended--
(A) in paragraph (1), by striking ``section 13102'' and
inserting ``section 8702''; and
(B) in paragraph (2)--
(i) by striking ``section 13201'' and inserting ``section
8751''; and
(ii) by striking ``section 13401'' and inserting ``section
8851''.
(3) Transition.--Section 8704(b)(1) (as redesignated by
subsection (b)) is amended by striking ``section 13105'' and
inserting ``section 8705''.
SEC. 803. NATIONAL DIFFUSION NETWORK.
(a) In General.--Part B of title XIII (20 U.S.C. 8651 et
seq.)--
(1) is transferred to the end of title VIII, as amended by
section 802; and
(2) is redesignated as part I.
(b) Redesignation of Sections.--Sections 13201 and 13202
are redesignated as sections 8751 and 8752, respectively.
(c) Conforming Amendment.--Section 8751 (as redesignated by
subsection (b)) is amended--
(1) in subsection (e)(3), by striking ``under part C''
through the end thereof and inserting ``under part F; and'';
and
(2) in subsection (f)(4), by striking ``section 13401'' and
inserting ``section 8851''.
SEC. 804. EISENHOWER REGIONAL MATHEMATICS AND SCIENCE
EDUCATION CONSORTIA.
(a) In General.--Part C of title XIII (20 U.S.C. 8671 et
seq.)--
(1) is transferred to the end of title VIII, as amended by
section 803; and
(2) is redesignated as part J.
(b) Redesignation of Sections.--Sections 13301 through
13308 are redesignated as sections 8801 through 8808,
respectively.
(c) Conforming Amendments.--
(1) Grant authorization.--Section 8801(a)(3) (as
redesignated by subsection (b)) is amended by striking
``section 13308'' and inserting ``section 8808''.
(2) Use of funds.--Section 8802 (as redesignated by
subsection (b)) is amended--
(A) by striking ``section 13304'' and inserting ``section
8804'';
(B) in paragraph (2), by striking ``13301(a)(1)'' and
inserting ``8801(a)(1)''; and
(C) in paragraph (3), by striking ``13301(a)(1)'' and
inserting ``8801(a)(1)''.
(3) Payments.--Section 8805 (as redesignated by subsection
(b)) is amended in each of subsections (a) and (c) by
striking ``section 13303'' and inserting ``section 8803''.
(4) Evaluation.--Section 8806(a) (as redesignated by
subsection (b)) is amended by striking ``section 14701'' and
inserting ``section 8651''.
(5) Definitions.--Section 8807(4) (as redesignated by
subsection (b)) is amended by striking ``section 13301'' and
inserting ``section 8801''.
SEC. 805. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.
(a) In General.--Part D of title XIII (20 U.S.C. 8701)--
(1) is transferred to the end of title VIII, as amended by
section 804; and
(2) is redesignated as part K.
(b) Redesignation of Section.--Section 13401 is
redesignated as section 8851.
SEC. 806. REGIONAL TECHNICAL SUPPORT AND PROFESSIONAL
DEVELOPMENT.
(a) In General.--Subpart 3 of part A of title III (20
U.S.C. 6861 et seq.)--
(1) is transferred to the end of title VIII, as amended by
section 805; and
(2) is redesignated as part L.
(b) Redesignation of Section.--Section 3141 is redesignated
as section 8901.
(c) Conforming Amendment.--Section 8901 (as redesignated by
subsection (b)) is amended by striking ``part C of title
XIII'' and inserting ``part J''.
TITLE IX--MISCELLANEOUS PROVISIONS
PART A--AMENDMENTS TO OTHER ACTS
Subpart 1--National Education Statistics Act
SEC. 901. AMENDMENT TO NESA.
Section 411 of the National Education Statistics Act of
1994 (20 U.S.C. 9010) is amended--
(1) by amending subsection (b)(2) to read as follows:
``(2) State assessments.--(A) The Commissioner, in carrying
out the National Assessment--
``(i) may conduct State assessments of student achievement
in grades 4, 8, and 12; and
``(ii) shall conduct annual State assessments of student
achievement in reading and mathematics in grades 4 and 8 in
order for States to carry out section 1111(c)(2) of the
Elementary and Secondary Education Act of 1965.
``(B)(i) Except as provided in clause (ii), a participating
State shall review and give permission for the release of
results from any test of its students administered as a part
of a State assessment prior to the release of the data.
Refusal by a State to release its data shall not restrict the
release of data from other States that have approved the
release of that data.
``(ii) A State participating in the annual State
assessments of its students in reading and mathematics in
grades 4 and 8 shall be deemed to have given its permission
to release its data if it has an approved plan under section
1111 of the Elementary and Secondary Education Act of
1965.''; and
(2) by amending subsection (d) to read as follows:
``(d) Participation.--
``(1) National and regional participation.--Participation
in the national and regional assessments by State and local
educational agencies shall be voluntary.
``(2) State participation.--Participation in assessments
made on a State basis shall be voluntary.''.
[[Page H2513]]
Subpart 2--Homeless Education
SEC. 911. SHORT TITLE.
This subpart may be cited as the ``McKinney-Vento Homeless
Education Assistance Improvements Act of 2001''.
SEC. 912. FINDINGS.
Congress makes the following findings:
(1) An estimated 1,000,000 children in the United States
will experience homelessness in 2001.
(2) Homelessness has a devastating impact on the
educational opportunities of children and youth. Homeless
children go hungry at more than twice the rate of other
children, have four times the rate of delayed development,
and are twice as likely to repeat a grade.
(3) Despite steady progress in school enrollment and
attendance resulting from the passage in 1987 of the Stewart
B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et
seq.), homeless students still face numerous barriers to
education, including residency, guardianship and registration
requirements, delays in the transfer of school records, and
inadequate transportation service.
(4) School is one of the few secure factors in the lives of
homeless children and youth, providing stability, structure,
and accomplishment during a time of great upheaval.
(5) Homeless children and youth require educational
stability and the opportunity to maintain regular and
consistent attendance in school, so that they acquire the
skills necessary to escape poverty and lead productive,
healthy lives as adults.
(6) In the 14 years since the passage of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.),
educators and service providers have learned much about
policies and practices which help remove the barriers
described.
SEC. 913. PURPOSE.
The purpose of this subpart is to strengthen subtitle B of
title VII of Public Law 100-77 (42 U.S.C. 11431 et seq.) by
amending it--
(1) to include innovative practices, proven to be effective
in helping homeless children and youth enroll, attend, and
succeed in school; and
(2) to help ensure that all children and youth impacted by
the loss of fixed, regular, and adequate housing receive a
quality education and secure their chance for a brighter
future.
SEC. 914. EDUCATION FOR HOMELESS CHILDREN AND YOUTH.
Subtitle B of title VII of Public Law 100-77 (42 U.S.C.
11431 et seq.) is amended to read as follows:
``Subtitle B--Education for Homeless Children and Youth
``SEC. 721. STATEMENT OF POLICY.
``It is the policy of the Congress that--
``(1) each State educational agency ensure that each child
of a homeless individual and each homeless youth has equal
access to the same free, public education, including a public
preschool education, as provided to other children and youth;
``(2) in any State that has a compulsory residency
requirement as a component of the State's compulsory school
attendance laws or other laws, regulations, practices, or
policies that may act as a barrier to the enrollment,
attendance, or success in school of homeless children and
youth, the State review and undertake steps to revise such
laws, regulations, practices, or policies to ensure that
homeless children and youth are afforded the same free,
public education as provided to other children and youth;
``(3) homelessness alone is not sufficient reason to
separate students from the mainstream school environment; and
``(4) homeless children and youth must have access to the
education and other services that such children and youth
need to ensure that such children and youth have an
opportunity to meet the same challenging State student
academic achievement standards to which all students are
held.
``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE
EDUCATION OF HOMELESS CHILDREN AND YOUTH.
``(a) General Authority.--The Secretary is authorized to
make grants to States in accordance with the provisions of
this section to enable such States to carry out the
activities described in subsections (d), (e), (f), and (g).
``(b) Application.--No State may receive a grant under this
section unless the State educational agency submits an
application to the Secretary at such time, in such manner,
and containing or accompanied by such information as the
Secretary may reasonably require.
``(c) Allocation and Reservations.--
``(1) In general.--Subject to paragraph (2) and section
724(d), from the amounts appropriated for each fiscal year
under section 726, the Secretary is authorized to allot to
each State an amount that bears the same ratio to the amount
appropriated for such year under section 726 as the amount
allocated under section 1122 of the Elementary and Secondary
Education Act of 1965 to the State for that year bears to the
total amount allocated under section 1122 of such Act to all
States for that year, except that no State shall receive less
than $125,000 or \1/2\ of 1 percent of the amount
appropriated under section 726, whichever is greater.
``(2) Reservation.--(A) The Secretary is authorized to
reserve 0.1 percent of the amount appropriated for each
fiscal year under section 726 to be allocated by the
Secretary among the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands, according to their respective need for assistance
under this subtitle, as determined by the Secretary.
``(B)(i) The Secretary shall transfer one percent of the
amount appropriated for each fiscal year under section 726 to
the Department of the Interior for programs for Indian
students served by schools funded by the Secretary of the
Interior, as determined under the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.), that
are consistent with the purposes of this Act.
``(ii) The Secretary and the Secretary of the Interior
shall enter into an agreement, consistent with the
requirements of this part, for the distribution and use of
the funds described in clause (i) under terms that the
Secretary determines best meet the purposes of the programs
described in such clause. Such agreement shall set forth the
plans of the Secretary of the Interior for the use of the
amounts transferred, including appropriate goals, objectives,
and milestones.
``(3) State Defined.--As used in this subsection, the term
`State' shall not include the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
``(d) Activities.--Grants under this section shall be
used--
``(1) to carry out the policies set forth in section 721 in
the State;
``(2) to provide activities for, and services to, homeless
children, including preschool-aged homeless children, and
youth that enable such children and youth to enroll in,
attend, and succeed in school, or, if appropriate, in
preschool programs;
``(3) to establish or designate an Office of Coordinator of
Education of Homeless Children and Youth in the State
educational agency in accordance with subsection (f);
``(4) to prepare and carry out the State plan described in
subsection (g); and
``(5) to develop and implement professional development
programs for school personnel to heighten their awareness of,
and capacity to respond to, specific problems in the
education of homeless children and youth.
``(e) State and Local Grants.--
``(1) Minimum disbursements by states.--From the sums made
available each year to carry out this subtitle, the State
educational agency shall distribute not less than 75 percent
in grants to local educational agencies for the purposes of
carrying out section 723, except that States funded at the
minimum level set forth in subsection (c)(1) shall distribute
not less than 50 percent in grants to local educational
agencies for the purposes of carrying out section 723.
``(2) Use by state educational agency.--A State educational
agency may use funds made available for State use under this
subtitle to conduct activities under subsection (f) directly
or through grants.
``(3) Prohibition on segregating homeless students.--
``(A) In general.--Except as provided in subparagraph (B)
and section 723(a)(2)(B)(ii), in providing a free public
education to a homeless child or youth, no State receiving
funds under this subtitle shall segregate such child or
youth, either in a separate school or in a separate program
within a school, based solely on such child's or youth's
status as homeless.
``(B) Exception.--A State that operates a separate school
for homeless children as of the day preceding the date of
enactment of the McKinney-Vento Homeless Education Assistance
Improvements Act of 2001--
``(i) shall remain eligible to receive, and to distribute
to local educational agencies, funds under this subtitle for
such school; and
``(ii) shall not distribute to local educational agencies
in the State any funds received under this subtitle for use
by any such schools not in operation as of such date of
enactment.
``(f) Functions of the Office of Coordinator.--The
Coordinator of Education of Homeless Children and Youth
established in each State shall--
``(1) gather, to the extent possible, reliable, valid, and
comprehensive information on the nature and extent of the
problems homeless children and youth have in gaining access
to public preschool programs and to public elementary and
secondary schools, the difficulties in identifying the
special needs of such children and youth, any progress made
by the State educational agency and local educational
agencies in the State in addressing such problems and
difficulties, and the success of the program under this
subtitle in assisting homeless children and youth to enroll
in, attend, and succeed in, school;
``(2) develop and carry out the State plan described in
subsection (g);
``(3) collect and transmit to the Secretary information
gathered pursuant to paragraphs (1) and (2) at such time and
in such manner as the Secretary may require;
``(4) facilitate coordination between the State educational
agency, the State social services agency, and other agencies
providing services to homeless children and youth, including
homeless children, including preschool-aged homeless
children, and youth, and families of such children and youth;
``(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) State and local 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) State and local community organizations and groups
representing homeless children and youth and their families;
and
``(6) provide technical assistance to local educational
agencies, in coordination with local liaisons designated
under subsection (g)(1)(J)(ii), to ensure that local
educational agencies comply
[[Page H2514]]
with the requirements of paragraphs (3) through (7) of
subsection (g).
``(g) State Plan.--
``(1) In general.--Each State shall submit to the Secretary
a plan to provide for the education of homeless children and
youth within the State, which plan shall--
``(A) describe how such children and youth are or will be
given the opportunity to meet the same challenging State
student academic achievement standards all students are
expected to meet;
``(B) describe the procedures the State educational agency
will use to identify such children and youth in the State and
to assess their special needs;
``(C) describe procedures for the prompt resolution of
disputes regarding the educational placement of homeless
children and youth;
``(D) describe programs for school personnel (including
principals, attendance officers, teachers, enrollment
personnel, and pupil services personnel) to heighten the
awareness of such personnel of the specific needs of runaway
and homeless youth;
``(E) describe procedures that ensure that homeless
children and youth who meet the relevant eligibility criteria
are able to participate in Federal, State, or local food
programs;
``(F) describe procedures that ensure that--
``(i) homeless children have equal access to the same
public preschool programs, administered by the State agency,
as provided to other children;
``(ii) homeless youth and youth separated from the public
schools are identified and accorded equal access to
appropriate secondary education and support services; and
``(iii) homeless children and youth who meet the relevant
eligibility criteria are able to participate in Federal,
State, or local before- and after-school care programs;
``(G) address problems set forth in the report provided to
the Secretary under subsection (f)(3);
``(H) address other problems with respect to the education
of homeless children and youth, including problems caused by
enrollment delays that are caused by--
``(i) immunization and medical records requirements;
``(ii) residency requirements;
``(iii) lack of birth certificates, school records, or
other documentation;
``(iv) guardianship issues; or
``(v) uniform or dress code requirements;
``(I) demonstrate that the State educational agency and
local educational agencies in the State have developed, and
shall review and revise, policies to remove barriers to the
enrollment and retention of homeless children and youth in
schools in the State; and
``(J) contain assurances that--
``(i) except as provided in subsection (e)(3)(B), State and
local educational agencies will adopt policies and practices
to ensure that homeless children and youth are not segregated
solely on the basis of their status as homeless;
``(ii) local educational agencies will designate an
appropriate staff person, who may also be a coordinator for
other Federal programs, as a liaison for homeless children
and youth, to carry out the duties described in paragraph
(6)(A); and
``(iii) the State and its local educational agencies will
adopt policies and practices to ensure that transportation is
provided, at the request of the parent or guardian (or in the
case of an unaccompanied youth, the liaison) to and from the
school of origin, as determined in paragraph (3)(A), in
accordance with the following, as applicable:
``(I) If the homeless child or youth continues to live in
the area served by the local educational agency in which the
school of origin is located, the child's or youth's
transportation to and from the school of origin shall be
provided or arranged by the local educational agency in which
the school of origin is located.
``(II) If the homeless child's or youth's living
arrangements in the area served by the local educational
agency of origin terminate and the child or youth, though
continuing his or her education in the school of origin,
begins living in the area served by another local educational
agency, the local educational agency of origin and the local
educational agency in which the homeless child or youth is
living shall agree upon a method to apportion the
responsibility and costs for providing the child with
transportation to and from the school or origin. If the local
educational agencies are unable to agree upon such method,
the responsibility and costs for transportation shall be
shared equally.
``(2) Compliance.--
``(A) In general.--Each plan adopted under this subsection
shall also describe how the State will ensure that local
educational agencies in the State will comply with the
requirements of paragraphs (3) through (7).
``(B) Coordination.--Such plan shall indicate what
technical assistance the State will furnish to local
educational agencies and how compliance efforts will be
coordinated with the local liaisons established under this
subchapter.
``(3) Local educational agency requirements.--
``(A) In general.--The local educational agency serving
each child or youth to be assisted under this subtitle shall,
according to the child's or youth's best interest, either--
``(i) continue the child's or youth's education in the
school of origin for the duration of homelessness--
``(I) in any case in which a family becomes homeless
between academic years or during the academic year; or
``(II) for the remainder of the academic year, if the child
becomes permanently housed during the academic year; or
``(ii) enroll the child or youth in any public school that
nonhomeless students who live in the attendance area in which
the child or youth is actually living are eligible to attend.
``(B) Best interest.--In determining the best interest of
the child or youth under subparagraph (A), the local
educational agency shall--
``(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;
``(ii) provide a written explanation, including a statement
regarding the right to appeal under subparagraph (E), to the
homeless child's or youth's parent or guardian if 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; and
``(iii) in the case of an unaccompanied youth, ensure that
the homeless liaison designated under paragraph (1)(J)(2)
assists in placement or enrollment decisions under this
subparagraph and provides notice to such youth of the right
to appeal under subparagraph (E).
``(C) Enrollment.--(i) The school selected in accordance
with this paragraph shall immediately enroll pursuant to
section 725(3) 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) The enrolling school shall immediately contact the
school last attended by the child or youth to obtain relevant
academic and other records.
``(iii) If the child or youth needs to obtain immunizations
or immunization or medical records, the enrolling school
shall immediately refer the parent or guardian of the child
or youth to the liaison who shall assist in obtaining
necessary immunizations or immunization or medical records in
accordance with subparagraph (E).
``(D) Records.--Any record ordinarily kept by the school,
including immunization or medical records, academic records,
birth certificates, guardianship records, and evaluations for
special services or programs, of each homeless child or youth
shall be maintained--
``(i) so that the records are available, in a timely
fashion, when a child or youth enters a new school or school
district; and
``(ii) in a manner consistent with section 444 of the
General Education Provisions Act (20 U.S.C. 1232g).
``(E) Enrollment disputes.--If a dispute arises over school
selection or enrollment in a school--
``(i) the child or youth shall be immediately admitted to
the school in which enrollment is sought, pending resolution
of the dispute;
``(ii) the parent or guardian of the child or youth shall
be provided with a written explanation of the school's
decision regarding school selection or enrollment, including
the rights of the parent, guardian, or youth to appeal the
decision;
``(iii) the child, youth, parent, or guardian shall be
referred to the local liaison designated under paragraph
(1)(J)(ii), who shall carry out the dispute resolution
process as described in paragraph (1)(A) as expeditiously as
possible after receiving notice of the dispute; and
``(iv) in the case of an unaccompanied youth, the homeless
liaison shall ensure that the youth is immediately enrolled
in school pending resolution of the dispute.
``(F) Placement choice.--The choice regarding placement
shall be made regardless of whether the child or youth lives
with the homeless parents or has been temporarily placed
elsewhere.
``(G) School of origin defined.--In this paragraph, the
term `school of origin' means the school that the child or
youth attended when permanently housed or the school in which
the child or youth was last enrolled.
``(H) Contact information.--Nothing in this subtitle shall
prohibit a local educational agency from requiring a parent
or guardian of a homeless child to submit contact information
required by the local educational agency of a parent or
guardian of a nonhomeless child.
``(4) Comparable services.--Each homeless child or youth to
be assisted under this subtitle shall be provided services
comparable to services offered to other students in the
school selected under paragraph (3), including--
``(A) transportation services;
``(B) educational services for which the child or youth
meets the eligibility criteria, such as services provided
under title I of the Elementary and Secondary Education Act
of 1965 or similar State or local programs, educational
programs for children with disabilities, and educational
programs for students with limited-English proficiency;
``(C) programs in vocational and technical education;
``(D) programs for gifted and talented students; and
``(E) school nutrition programs.
``(5) Coordination.--
``(A) In general.--Each local educational agency serving
homeless children and youth that receives assistance under
this subtitle shall coordinate--
``(i) the provision of services under this subtitle with
local social services agencies and other agencies or programs
providing services to homeless children and youth and their
families, including services and programs funded under the
Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); and
``(ii) with other local educational agencies on
interdistrict issues, such as transportation or transfer of
school records.
``(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
[[Page H2515]]
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
and reasonable proximity to available education and related
support services; and
``(ii) raise the awareness of school personnel and service
providers of the effects of short-term stays in a shelter and
other challenges associated with homelessness.
``(6) Liaison.--
``(A) Duties.--Each local liaison for homeless children and
youth, designated under paragraph (1)(J)(ii), shall ensure
that--
``(i) homeless children and youth are identified by school
personnel and through coordination activities with other
entities and agencies;
``(ii) homeless children and youth enroll in, and have an
equal opportunity to succeed in, schools of that agency;
``(iii) 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;
``(iv) 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;
``(v) public notice of the educational rights of homeless
children and youth is disseminated where such children and
youth receive services under this Act, such as schools,
family shelters, and soup kitchens;
``(vi) enrollment disputes are mediated in accordance with
subsection (g)(3)(E); and
``(vii) the parent or guardian of a homeless child or
youth, and any unaccompanied youth, is fully informed of all
transportation services, including transportation to the
school of origin, as described in paragraph (1)(J)(ii), and
is assisted in accessing transportation to the school
selected in accordance with paragraph (3)(A).
``(B) Notice.--State coordinators whose duties are
described under subsection (d) and local educational agencies
shall inform school personnel, service providers, and
advocates working with homeless families of the duties of the
liaisons.
``(C) Local and state coordination.--Local educational
agency liaisons for homeless children and youth shall, as a
part of their duties, coordinate and collaborate with State
coordinators and community and school personnel responsible
for the provision of education and related services to
homeless children and youth.
``(7) Review and revisions.--
``(A) In general.--Each State educational agency and local
educational agency that receives assistance under this
subtitle, shall review and revise any policies that may act
as barriers to the enrollment of homeless children and youth
in schools selected in accordance with paragraph (3).
``(B) Consideration.--In reviewing and revising such
policies, consideration shall be given to issues concerning
transportation, immunization, residency, birth certificates,
school records and other documentation, and guardianship.
``(C) Special attention.--Special attention shall be given
to ensuring the enrollment and attendance of homeless
children and youth who are not currently attending school.
``SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION
OF HOMELESS CHILDREN AND YOUTH.
``(a) General Authority.--
``(1) In general.--The State educational agency shall, in
accordance with section 722(e) and from amounts made
available to such agency under section 726, make grants to
local educational agencies for the purpose of facilitating
the enrollment, attendance, and success in school of homeless
children and youth.
``(2) Services.--
``(A) In general.--Services under paragraph (1)--
``(i) may be provided through programs on school grounds or
at other facilities;
``(ii) shall, to the maximum extent practicable, be
provided through existing programs and mechanisms that
integrate homeless children and youth with nonhomeless
children and youth; and
``(iii) shall be designed to expand or improve services
provided as part of a school's regular academic program, but
not to replace such services provided under such program.
``(B) Services on school grounds.--If services under
paragraph (1) are provided on school grounds, schools--
``(i) may use funds under this subtitle to provide the same
services to other children and youth who are determined by
the local educational agency to be at risk of failing in, or
dropping out of, schools, subject to the requirements of
clause (ii); and
``(ii) except as otherwise provided in section
722(e)(3)(B), shall not provide services in settings within a
school that segregates homeless children and youth from other
children and youth, except as is necessary for short periods
of time--
``(I) for health and safety emergencies; or
``(II) to provide temporary, special, and supplementary
services to meet the unique needs of homeless children and
youth.
``(3) Requirement.--Services provided under this section
shall not replace the regular academic program and shall be
designed to expand upon or improve services provided as part
of the school's regular academic program.
``(b) Application.--A local educational agency that desires
to receive a grant under this section shall submit an
application to the State educational agency at such time, in
such manner, and containing or accompanied by such
information as the State educational agency may reasonably
require. Each such application shall include--
``(1) an assessment of the educational and related needs of
homeless children and youth, as defined in section 725(1) and
(2), in the area served by such agency (which may be
undertaken as part of needs assessments for other
disadvantaged groups);
``(2) a description of the services and programs for which
assistance is sought to address the needs identified in
paragraph (1);
``(3) an assurance that the local educational agency's
combined fiscal effort per student, or the aggregate
expenditures of that agency and the State with respect to the
provision of free public education by such agency for the
fiscal year preceding the fiscal year for which the
determination is made, was not less than 90 percent of such
combined fiscal effort or aggregate expenditures for the
second fiscal year preceding the fiscal year for which the
determination is made;
``(4) an assurance that the applicant complies with, or
will use requested funds to comply with, paragraphs (3)
through (7) of section 722(g); and
``(5) a description of policies and procedures, consistent
with section 722(e)(3)(B), that the agency will implement to
ensure that activities carried out by the agency will not
isolate or stigmatize homeless children and youth.
``(c) Awards.--
``(1) In general.--The State educational agency shall, in
accordance with the requirements of this subtitle and from
amounts made available to it under section 726, make
competitive subgrants to local educational agencies that
submit applications under subsection (b). Such subgrants
shall be awarded on the basis of the need of such agencies
for assistance under this subtitle and the quality of the
applications submitted.
``(2) Need.--In determining need under paragraph (1), the
State educational agency may consider the number of homeless
children and youth enrolled in preschool, elementary, and
secondary schools within the area served by the agency, and
shall consider the needs of such children and youth and the
ability of the agency to meet such needs. Such agency may
also consider--
``(A) the extent to which the proposed use of funds would
facilitate the enrollment, retention, and educational success
of homeless children and youth;
``(B) the extent to which the application--
``(i) reflects coordination with other local and State
agencies that serve homeless children and youth; and
``(ii) meets the requirements of section 722(g)(3);
``(C) the extent to which the applicant exhibits in the
application and in current practice a commitment to education
for all homeless children and youth; and
``(D) such other criteria as the State agency determines
appropriate.
``(3) Quality.--In determining the quality of applications
under paragraph (1), the State educational agency shall
consider--
``(A) the applicant's needs assessment under subsection
(b)(1) and the likelihood that the program presented in the
application will meet such needs;
``(B) the types, intensity, and coordination of the
services to be provided under the program;
``(C) the involvement of parents or guardians;
``(D) the extent to which homeless children and youth will
be integrated within the regular education program;
``(E) the quality of the applicant's evaluation plan for
the program;
``(F) the extent to which services provided under this
subtitle will be coordinated with other available services;
and
``(G) such other measures as the State educational agency
considers indicative of a high-quality program.
``(4) Duration of grants.--Grants awarded under this
section shall be for terms not to exceed 3 years.
``(d) Authorized Activities.--A local educational agency
may use funds awarded under this section for activities to
carry out the purpose of this subtitle, including--
``(1) the provision of tutoring, supplemental instruction,
and enriched educational services that are linked to the
achievement of the same challenging State academic content
standards and challenging State student academic achievement
standards the State establishes for other children and youth;
``(2) the provision of expedited evaluations of the
strengths and needs of homeless children and youth, including
needs and eligibility for programs and services (such as
educational programs for gifted and talented students,
children with disabilities, and students with limited-English
proficiency, services provided under title I of the
Elementary and Secondary Education Act of 1965 or similar
State or local programs, programs in vocational and technical
education, and school nutrition programs);
``(3) professional development and other activities for
educators and pupil services personnel that are designed to
heighten the understanding and sensitivity of such personnel
to the needs of homeless children and youth, the rights of
such children and youth under this Act, and the specific
educational needs of runaway and homeless youth;
``(4) the provision of referral services to homeless
children and youth for medical, dental, mental, and other
health services;
``(5) the provision of assistance to defray the excess cost
of transportation for students pursuant to section
722(g)(4)(A), not otherwise provided through Federal, State,
or local funding,
[[Page H2516]]
where necessary to enable students to attend the school
selected under section 722(g)(3);
``(6) the provision of developmentally appropriate early
childhood education programs, not otherwise provided through
Federal, State, or local funding, for preschool-aged
children;
``(7) the provision of services and assistance to attract,
engage, and retain homeless youth (as described in paragraphs
(1) and (2) of section 725) in public school programs and
services provided to nonhomeless youth;
``(8) the provision for homeless children and youth of
before- and after-school, mentoring, and summer programs in
which a teacher or other qualified individual provides
tutoring, homework assistance, and supervision of educational
activities;
``(9) if necessary, the payment of fees and other costs
associated with tracking, obtaining, and transferring records
necessary to enroll homeless children and youth in school,
including birth certificates, immunization or medical
records, academic records, guardianship records, and
evaluations for special programs or services;
``(10) the provision of education and training to the
parents of homeless children and youth about the rights of,
and resources available to, such children and youth;
``(11) the development of coordination between schools and
agencies providing services to homeless children and youth,
as described in section 722(g)(5);
``(12) the provision of pupil services (including violence
prevention counseling) and referrals for such services;
``(13) activities to address the particular needs of
homeless children and youth that may arise from domestic
violence;
``(14) the adaptation of space and purchase of supplies for
nonschool facilities made available under subsection (a)(2)
to provide services under this subsection;
``(15) the provision of school supplies, including those
supplies to be distributed at shelters or temporary housing
facilities, or other appropriate locations; and
``(16) the provision of other extraordinary or emergency
assistance needed to enable homeless children and youth to
attend school.
``SEC. 724. SECRETARIAL RESPONSIBILITIES.
``(a) Review of Plans.--In reviewing the State plan
submitted by a State educational agency under section 722(g),
the Secretary shall use a peer review process and shall
evaluate whether State laws, policies, and practices
described in such plans adequately address the problems of
homeless children and youth relating to access to education
and placement as described in such plans.
``(b) Technical Assistance.--The Secretary shall provide
support and technical assistance to the State educational
agencies to assist such agencies to carry out their
responsibilities under this subtitle, if requested by the
State educational agency.
``(c) Notice.--The Secretary shall, before the next school
year that begins after the date of the enactment of the
McKinney-Vento Homeless Education Assistance Improvements Act
of 2001, create and disseminate nationwide a public notice of
the educational rights of homeless children and youth and
disseminate such notice to other Federal agencies, programs,
and grantees, including Head Start grantees, Health Care for
the Homeless grantees, Emergency Food and Shelter grantees,
and homeless assistance programs administered by the
Department of Housing and Urban Development.
``(d) Evaluation and Dissemination.--The Secretary shall
conduct evaluation and dissemination activities of programs
designed to meet the educational needs of homeless elementary
and secondary school students, and may use funds appropriated
under section 726 to conduct such activities.
``(e) Submission and Distribution.--The Secretary shall
require applications for grants under this subtitle to be
submitted to the Secretary not later than the expiration of
the 60-day period beginning on the date that funds are
available for purposes of making such grants and shall make
such grants not later than the expiration of the 120-day
period beginning on such date.
``(f) Determination by Secretary.--The Secretary, based on
the information received from the States and information
gathered by the Secretary under subsection (e), shall
determine the extent to which State educational agencies are
ensuring that each homeless child and homeless youth has
access to a free appropriate public education as described in
section 721(1).
``(g) Information.--
``(1) In general.--From funds appropriated under section
726, the Secretary shall, either directly or through grants,
contracts, or cooperative agreements, periodically collect
and disseminate data and information regarding--
``(A) the number and location of homeless children and
youth;
``(B) the education and related services such children and
youth receive;
``(C) the extent to which such needs are being met; and
``(D) such other data and information as the Secretary
deems necessary and relevant to carry out this subtitle.
``(2) Coordination.--The Secretary shall coordinate such
collection and dissemination with other agencies and entities
that receive assistance and administer programs under this
subtitle.
``(h) Report.--Not later than 4 years after the date of the
enactment of the McKinney-Vento Homeless Education Assistance
Improvements Act of 2001, the Secretary shall prepare and
submit to the President and the Committee on Education and
the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report on the status of education of homeless
children and youth, which shall include information on--
``(1) the education of homeless children and youth; and
``(2) the actions of the Department and the effectiveness
of the programs supported under this subtitle.
``SEC. 725. DEFINITIONS.
``In this subtitle:
``(1) The term `homeless children and youth'--
``(A) means individuals who lack a fixed, regular, and
adequate nighttime residence (within the meaning of section
103(a)(1));
``(B) includes--
``(i) children and youth who are living in doubled-up
accommodations sharing the housing of another due to loss of
housing, economic hardship or a similar reason, are living in
motels, hotels, trailer parks, or camping grounds due to the
lack of alternative adequate accommodations, are living in
emergency or transitional shelters, are abandoned in
hospitals, or are awaiting foster care placement;
``(ii) individuals who have a primary nighttime residence
that is a public or private place not designed for or
ordinarily used as a regular sleeping accommodation for human
beings (within the meaning of section 103(a)(2)(C)); and
``(iii) children and youth who are living in cars, parks,
public spaces, abandoned buildings or substandard housing,
bus or train stations, or similar settings; and
``(C) does not include migratory children (as such term is
defined in section 1309(2) of the Elementary and Secondary
Education Act of 1965), unless such children are staying in
accommodations not fit for habitation.
``(2) The term `unaccompanied youth' includes youth not in
the physical custody of a parent or guardian.
``(3) The terms `enroll' and `enrollment' include within
their meaning the right to attend classes and to participate
fully in school activities.
``(4) The terms `local educational agency' and `State
educational agency' have the meanings given such terms in
section 8101 of the Elementary and Secondary Education Act of
1965.
``(5) The term `Secretary' means the Secretary of
Education.
``(6) The term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subtitle, there are
authorized to be appropriated $60,000,000 for fiscal year
2002 and such sums as may be necessary for each of the fiscal
years 2003 through 2006.''.
SEC. 915. TECHNICAL AMENDMENT.
(a) In General.--Section 1 of Public Law 106-400 (42 U.S.C.
11301) is amended by striking ``Section 1 of'' and inserting
``Section 101 of''.
(b) Effective Date.--The amendment made by subsection (a)
shall be deemed to be effective on the date of enactment of
Public Law 106-400.
PART B--REPEALS
SEC. 921. REPEALS.
The following provisions are repealed:
(1) Goals.--Parts A and C of title II and title VI of Goals
2000: Educate America Act.
(2) Troops-to-teachers program act of 1999.--The Troops-to-
Teachers Program Act of 1999 (title XVII of Public Law 106-
65; 20 U.S.C. 9301 et seq.).
(3) ESEA.--
(A) Title IX, relating to Indian, Native Hawaiian, and
Alaska Native education.
(B) Parts A, B, C, D, F, G, I, J, L, of title X, relating
to programs of national significance.
(C) Title XI, relating to coordinated services.
(D) Title XII, relating to education infrastructure.
(E) The title heading of title XIII and sections 13001 and
13002.
(F) Title XIV, relating to general provisions.
The CHAIRMAN. No amendment to that amendment is in order except those
printed in House Report 107-69. Each amendment may be offered only in
the order printed in the report, by a Member designated in the report,
shall be considered read, shall be debatable for the time specified in
the report, equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be subject
to a demand for division of the question.
Amendment No. 1 Offered by Mr. Boehner
Mr. BOEHNER. Mr. Chairman, pursuant to the rule, I offer an
amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. Boehner:
In section 1003(b) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
103 of the bill, strike ``1116(c)'' and insert ``1116(b)''.
In section 1003(e) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
103 of the bill, strike ``amount of State funds'' and all
that follows through ``the preceding fiscal year'' and
inserting the following: ``amount of funds each local
educational agency receives under subpart 2 below the amount
received by such agency under such subpart in the preceding
fiscal year''.
In section 1111 of the Elementary and Secondary Education
Act of 1965, as proposed to be amended by section 104 of the
bill, add at the end the following:
[[Page H2517]]
``(j) Special Rule with Respect to Bureau Funded Schools.--
In determining the assessments to be used by each Bureau
funded school receiving funds under this part, the following
shall apply:
``(1) Each Bureau funded school which obtains accreditation
by the State in which it is operating shall utilize the
assessments the State has developed and implemented to meet
the requirements of this section, or such other appropriate
assessment as approved by the Secretary of the Interior.
``(2) Each Bureau funded school which obtains accreditation
by a regional accreditation organization shall adopt an
appropriate assessment, in consultation and with the approval
of the Secretary of Interior and consistent with assessments
adopted by other schools in the same State or region, that
meets the requirements of this section.
``(3) Each Bureau funded school which obtains accreditation
by a tribal accrediting agency or tribal division of
education shall use an assessment developed by such agency or
division, except that the Secretary of Interior shall ensure
that such assessment meets the requirements of this section.
In section 1111(h)(1)(D)(i) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
104 of the bill, strike ``subsection (b)(4)(F)'' and insert
``subsection (b)(4)''.
In section 1116 of the Elementary and Secondary Education
Act of 1965, as proposed to be amended by section 106 of the
bill, add at the end the following:
``(f) Treatment of Bureau Funded Schools.--For the purposes
of applying the requirements of subsection (b) to schools
funded by the Bureau of Indian Affairs, the Secretary of
Interior shall implement such subsection in a manner that
treats the appropriate tribe or tribal organization as a
local educational agency for the purpose of implementing
school improvement, corrective action and restructuring
actions. If such tribe or tribal organization does not take
the appropriate action required under subsection (b), the
Secretary shall take such appropriate action as required
under subsection (b) after final notice to such tribe or
tribal organization.''
In section 1116(b) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
106 of the bill--
(1) in paragraph (7)(D), strike ``to participate in
developing any plan under subparagraph (A)(iii)'' and insert
``, to the extent practicable, to participate in developing
any plan under subparagraph (A)(ii)(III)'';
(2) in the matter preceding subparagraph (A) of paragraph
(8)--
(A) insert ``(1)(E) for schools described in paragraphs
(1)(A)(i),'' after ``paragraph''; and
(B) insert a comma after ``(6)(D)(i)''; and
(3) in paragraph (9)--
(A) insert ``(1)(E),'' after ``paragraph''; and
(B) insert a comma after ``(6)(D)(i)''.
In section 1116(d)(11) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
106 of the bill--
(1) strike ``paragraph shall'' and insert ``subsection
shall''; and
(2) strike ``under this paragraph''.
In section 1118 of the Elementary and Secondary Education
Act of 1965, as proposed to be amended by section 108 of the
bill--
(1) in paragraph (12), insert ``and'' after the semicolon;
(2) in paragraph (13), strike ``; and'' and insert a
period; and
(3) strike paragraph (14).
In section 1221(2)(A) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
111 of the bill, strike ``alphabet;'' and insert ``alphabet
and letter sounds;''.
In section 1221(5) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
111 of the bill, strike ``care agencies,'' and insert ``care
agencies and programs,''.
In section 1222 of the Elementary and Secondary Education
Act of 1965, as proposed to be amended by section 111 of the
bill--
(1) in subsection (b)--
(A) in paragraph (2) insert ``or agencies'' after
``organizations'' each place such term appears and insert
``or program'' after ``child care agency''; and
(B) in paragraph (3), insert ``or agencies'' after
``organizations''; and
(2) in subsection (e)--
(A) in paragraph (1)(B)(i), strike ``alphabet;'' and insert
``alphabet and letter sounds;''; and
(B) in paragraph (2)(B), strike ``care agencies,'' and
insert ``care agencies or programs,''.
In subpart 2 of part B of title I of the Elementary and
Secondary Education Act of 1965, as proposed to be amended by
section 111 of the bill, amend section 1224 to read as
follows:
``SEC. 1224. REPORTING REQUIREMENTS.
``Each eligible applicant receiving a grant under this
subpart shall report annually to the Secretary regarding the
eligible applicant's progress in addressing the purposes of
this subpart, including information on--
``(1) the research-based instruction, materials, and
activities being used in the programs funded under the grant;
``(2) the types of programs funded under the grant and the
ages of children served by such programs;
``(3) the qualifications of the program staff who provide
early literacy instruction under such programs and the type
of ongoing professional development provided to such staff;
and
``(4) the curricula, materials, and activities used by the
programs funded under the grant to support children's reading
development.
In section 1711(c) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
171 of the bill--
(1) insert ``subpart 1 of'' before ``part A of title V'';
and
(2) strike ``5212(2)(A)'' and insert ``5212(a)(2)(A)''.
In section 2012(e) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
201 of the bill, strike paragraph (12) and insert the
following:
``(12) Developing, or assisting local educational agencies
in developing, teacher advancement initiatives that promote
professional growth and emphasize multiple career paths (such
as career teacher, mentor teacher, and master teacher) and
pay differentiation.
In section 2031(a) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
201 of the bill, amend paragraph (7) to read as follows:
``(7) Teacher advancement initiatives that promote
professional growth and emphasize multiple career paths (such
as career teacher, mentor teacher, and master teacher) and
pay differentiation.
In title III of the bill, add at the end the following:
SEC. 315. ACCOUNTABILITY FOR BUREAU FUNDED SCHOOLS
Notwithstanding the provisions of section 7102 of the
Elementary and Secondary Education Act of 1965, the Secretary
shall limit any reduction of administrative funding for the
Bureau of Indian Affairs under such section to no more than
50 percent of the amount that may be reserved for
administration under such Act.
In section 4131(b) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
401 of the bill--
(1) in paragraph (14), strike ``and'' at the end;
(2) in paragraph (15), strike the period at the end and
insert a semicolon; and
(3) add at the end the following:
``(16) programs to establish or enhance prekindergarten
programs for children ages 3 through 5; and
``(17) academic intervention programs that are operated
jointly with community-based organizations and that support
academic enrichment and counseling programs conducted during
the school day (including during extended school day or
extended school year programs) for students most-at-risk of
not meeting challenging State academic standards or not
completing secondary school.
In section 4201(b)(2) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
411 of the bill, insert ``academic'' before ``achievement''.
In section 5122(a)(3) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
501 of the bill, insert ``students who attend'' after
``target''.
In section 5124 of the Elementary and Secondary Education
Act of 1965, as proposed to be amended by section 501 of the
bill--
(1) in subsection (a), strike paragraph (3);
(2) in subsection (c)(1), insert ``(including summer school
programs)'' after ``school activities''; and
(3) in subsection (d), insert ``, during the summer,''
after ``after school''.
In section 5151(4)(B) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
501 of the bill, insert ``and harassment'' after ``weapons''.
In section 5202(5) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
501 of the bill, insert ``to training'' after ``constant
access''.
In section 5213(b)(4)(A) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
501 of the bill, strike ``that'' before ``ongoing'' and
insert a comma before ``so that''.
In section 5214(b) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
501 of the bill--
(1) in paragraph (5), insert ``(including software and
other electronically delivered learning materials)'' after
``will integrate technology''; and
(2) in paragraph (10)(B)--
(A) strike ``an assurance that'' and insert ``a description
of how''; and
(B) strike ``have compatibility and interconnectivity with
technology obtained'' and insert ``be integrated''.
In section 5215(a)(2) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
501 of the bill, insert a comma after ``reduced-cost loans''.
In section 5232 of the Elementary and Secondary Education
Act of 1965, as proposed to be amended by section 501 of the
bill, strike ``TELECOMMUNICATIONS PROGRAM'' in the section
heading and insert ``READY TO TEACH''.
In title VI of the bill, insert after section 602 the
following:
SEC. 603. ELIGIBILITY UNDER SECTION 8003 FOR CERTAIN HEAVILY
IMPACTED LOCAL EDUCATIONAL AGENCIES.
(a) Eligibility.--Section 8003(b)(2)(C) (20 U.S.C.
7703(b)(2)(C)) is amended--
(1) in clauses (i) and (ii) by inserting after ``Federal
military installation'' each place it appears the following:
``(or if the agency is a qualified local educational agency
as described in clause (iv))''; and
(2) by adding at the end the following:
``(iv) Qualified local educational agency.--A qualified
local educational agency described in this clause is an
agency that meets the following requirements:
[[Page H2518]]
``(I) The boundaries of the agency are the same as island
property designated by the Secretary of the Interior to be
property that is held in trust by the Federal Government.
``(II) The agency has no taxing authority.
``(III) The agency received a payment under paragraph (1)
for fiscal year 2001.''.
(b) Effective Date.--The Secretary shall consider an
application for a payment under section 8003(b)(2) for fiscal
year 2002 from a qualified local educational agency described
in section 8003(b)(2)(C)(iv), as added by subsection (a), as
meeting the requirements of section 8003(b)(2)(C)(iii), and
shall provide a payment under section 8003(b)(2) for fiscal
year 2002, if the agency submits to the Secretary an
application for payment under such section not later than 60
days after the date of the enactment of this Act.
In section 7203(b)(2)(C) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by such
section 701 of the bill, strike ``Part A of title V or
section 5212(2)(A)'' and insert ``Subpart 1 of part A of
title V or section 5212(a)(2)(A)''.
In section 8305(a) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
801 of the bill, strike ``Governor and'' and add at the end
the following: ``The State educational agency shall make any
consolidated local plans and applications available to the
Governor.''.
In section 8305(c) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
801 of the bill, strike ``A Governor and State educational
agency'' and insert ``A State educational agency, in
consultation with the Governor,''.
In part E of title VIII of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
801 of the bill--
(1) in section 8516, insert ``ON DEPARTMENT AUDITS'' after
``REPORT'' in the section heading; and
(2) after section 8516, insert the following (and
redesignate succeeding provisions, and cross-references
thereto, accordingly):
``SEC. 8517. STUDY OF TESTING.
``(a) In General.--The Secretary shall provide for a study
of the effects of testing on students in elementary and
secondary schools. Such study may include--
``(1) overall improvement or decline in what students are
learning based on independent measures;
``(2) changes in course offerings, teaching practices,
course content, and instructional material;
``(3) changes in rates of teacher and administrator
turnover;
``(4) changes in dropout, grade retention and graduation
rates for students;
``(5) costs of preparing for, conducting and grading the
assessments in terms of dollars expended by the school
district and time expended by students and teachers; and
``(6) such other effects as the Secretary may deem
appropriate.
``(b) Report.--Not later than 2 years after the date of
enactment of the No Child Left Behind Act of 2001, the
Secretary shall transmit to the Committee on Education and
the Workforce of the House of Representatives and the
Committee on Health, Education, Labor and Pensions of the
Senate a report on the study conducted under subsection (a).
``(c) Subsequent Congressional Consideration.--After
receipt of the report described in subsection (b), Congress
may consider whether it is appropriate to enact legislation
to mitigate any negative effects on students in elementary or
secondary schools caused by testing.
The CHAIRMAN. Pursuant to House Resolution 143, the gentleman from
Ohio (Mr. Boehner) and a Member opposed will each control 5 minutes.
Mr. GEORGE MILLER of California. Mr. Chairman, I ask unanimous
consent to claim the time otherwise reserved for the opposition.
The CHAIRMAN. Is there objection to the request of the gentleman from
California?
There was no objection.
The CHAIRMAN. The Chair recognizes the gentleman from Ohio (Mr.
Boehner)
Mr. BOEHNER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, from the time the committee marked up H.R. 1 until
today, I have been working with the ranking member, the gentleman from
California (Mr. George Miller) and many other Members from both sides
of the aisle to resolve a number of issues. Those issues that we have
resolved have been included in this manager's amendment, and I wish to
thank all of the Members for their cooperation.
In addition, there are several technical and conforming changes that
have been included in this amendment as well. In title I, we have made
several changes. First, we have made it clear that transportation is to
be provided for public school choice when a school is designated as low
performing.
Second, we have clarified the role of parents in developing a
school's restructuring plan.
Third, we have made clarifications on the assessments used by Bureau
of Indian Affairs schools and made clear that tribal organizations
operating Bureau of Indian Affairs schools are to be treated as local
educational agencies for purposes of implementing school improvement
and corrective action programs.
{time} 1300
In title II, we have made technical changes regarding State
activities and local uses of funds with respect to teacher advancement
initiatives and pay differentiation.
In title III, part B, we have made changes concerning the
accountability of the Secretary of the Interior for the improvement of
schools funded or operated by the Bureau of Indian Affairs.
Under the innovative education block grant in title IV, we have added
two items to the local uses of funds at the school district level.
First, we have included activities to enhance or establish
prekindergarten programs for 3-,
4-, and 5-year-old children. Second, we have included academic
intervention programs for students most at risk of not meeting State
academic achievement standards as a use of funds, as well as programs
for students not completing secondary school.
In title V, part B, we have clarified that one of the purposes of the
technology grants is to provide training in the use of technology as a
part of ongoing professional development.
With respect to title VI and Impact Aid, we have added a provision
that clarifies that school districts which have no tax base and whose
boundaries are held in trust by the Federal Government are considered
heavily impacted and therefore eligible for payments under the program.
In the 21st Century Schools program, we have made a technical
correction regarding the transferability of funds at the local level.
In title VIII, we have made technical changes regarding local
consolidation plans. Finally, in title VIII, we have added a study on
the effects of testing on children.
Mr. Chairman, I wish to thank my ranking member, the gentleman from
California (Mr. George Miller) and other Members from both sides of the
aisle for their cooperation in working out the matters.
Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself such
time as I may consume.
Mr. Chairman, the gentleman from Ohio (Mr. Boehner), the chairman,
has quite properly explained his amendment, and we have no opposition
to it.
Mr. Chairman, I yield 3 minutes to the gentleman from Washington (Mr.
Baird).
Mr. BAIRD. Mr. Chairman, I would invite the gentleman from Ohio (Mr.
Boehner), the chairman of the Committee on Education and the Workforce,
to engage in a brief colloquy.
Mr. Chairman, as the gentleman from Ohio knows, part D, section 5401
of this legislation deals with elementary and secondary school
counseling programs and authorizes grants for local school boards to
establish or expand counseling programs in the school.
Before coming to Congress, I spent 23 years as a practicing clinical
psychologist; and I want to thank the gentleman from Ohio (Mr. Boehner)
and members of the Committee on Education and the Workforce for
including this element of the bill. Our kids deserve to get high
quality counseling, and this bill provides the means for more schools
to reach these children more easily.
However, I am concerned that this important and well-meaning
provision could be misunderstood by States and local school boards with
respect to clinical psychologists. While the distinction between a
school psychologist and a clinical psychologist is subtle, it is an
important difference.
Clearly there are cases that would be better handled by a school
psychologist, and there are others in which a clinical psychologist may
be better suited to counsel a particular child. But as I read the bill
now, it may not be apparent that a school could utilize the services of
a clinical psychologist. I would hate to see a child who needed a
certain level of care was unable to receive that level of care.
Would the gentleman agree to seek to include the words ``clinical
psychologist,'' to insert those words in this section once the bill
goes to conference?
[[Page H2519]]
Mr. BOEHNER. Mr. Chairman, will the gentleman yield?
Mr. BAIRD. I yield to the gentleman from Ohio.
Mr. BOEHNER. Mr. Chairman, I think the gentleman raises an important
point, and I agree with him that all of our children deserve the most
appropriate level of care that can be offered. Therefore, I will commit
to work with the gentleman from Washington (Mr. Baird) when we get to
conference on trying to ensure that his concern is addressed in the
final version of the bill.
Mrs. ROUKEMA. Mr. Chairman, will the gentleman yield?
Mr. BAIRD. I yield to the gentlewoman from New Jersey.
Mrs. ROUKEMA. Mr. Chairman, as the gentleman knows, I have worked
hard to include school-based mental health services in this bill. I
presented it, and I am happy to know of the gentleman's professional
concerns here. I certainly agree with the gentleman's desire to ensure
that our students receive the mental health services appropriate and
from qualified providers. I do not know if the gentleman realizes it,
but a member of my family, namely my husband, is a psychiatrist, so we
know what we are talking about here.
Mr. Chairman, I look forward to working with the gentleman from
Washington. There is nothing in this bill, or certainly in my amendment
that I put in the bill, that would prohibit his proposal here. In fact,
I think it would underscore the importance of what the gentleman has
stated. And so I look forward to working together to address these
concerns in the conference. I am happy to hear from the gentleman from
Ohio (Mr. Boehner), the chairman's support for that as well.
Mr. BAIRD. Mr. Chairman, I thank the gentlewoman from New Jersey and
the gentleman from Ohio, and I commend them for their leadership on
this issue and thank them for their consideration for children in need.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield back the
balance of my time.
Mr. BOEHNER. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Ohio (Mr. Boehner).
The amendment was agreed to.
Amendment No. 2 Offered by Mrs. Capps
Mrs. CAPPS. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Mrs. Capps:
In subsection (b) of section 4131 of the Elementary and
Secondary Education Act of 1965, as proposed to be amended by
section 401 of the bill--
(1) strike ``and'' at the end of paragraph (14);
(2) strike the period at the end of paragraph (15) and
insert ``; and''; and
(3) add at the end the following:
``(16) programs for cardiopulmonary resuscitation (CPR)
training in schools.
The CHAIRMAN. Pursuant to House Resolution 143, the gentlewoman from
California (Mrs. Capps) and the gentleman from Indiana (Mr. Souder)
each will control 5 minutes.
The Chair recognizes the gentlewoman from California (Mrs. Capps).
Mrs. CAPPS. Mr. Chairman, I yield myself such time as I may consume.
I am pleased to offer this amendment to provide funding for CPR
training in schools on behalf of myself, the gentlewoman from Maryland
(Mrs. Morella), and the gentleman from Florida (Mr. Foley). This is a
simple amendment. It would allow funds in title IV, the block grant
provision of the bill, to be used to teach our kids CPR in schools.
This amendment is based on legislation which I introduced earlier this
year with the gentleman from Florida (Mr. Foley) and the gentlewoman
from Maryland (Mrs. Morella) and others to encourage CPR instruction in
public schools. It has been endorsed by the American Heart Association,
the National Education Association, and the American Red Cross, among
others.
Mr. Chairman, heart disease is the leading cause of death in the
United States with 220,000 Americans dying each year of sudden cardiac
arrest. But according to the Heart Association, 50,000 cardiac victims
could be saved each year by initiating a chain of survival. This
includes an immediate call to 911, early CPR and defibrillation, and
early advanced life support. The Congress has recently taken action to
enhance our 911 system and encourage automated external defibrillators
to be placed in public buildings. Encouraging more of our citizens to
know CPR is clearly the next step as we continue strengthening this
chain of survival. Teaching our kids this skill gives them the ability
to assist cardiac victims, and will impress upon them how important it
is to be prepared to help their fellow citizens in time of need. It
also encourages the development of heart-healthy habits, diet,
exercise, avoiding smoking. These are good things to learn at an early
age.
Mr. Chairman, this bill grew out of my experience as a school nurse
in California where I began a CPR curriculum. I saw a need to teach
students these life-saving skills. The strength of this amendment is
that it encourages collaboration between public schools and community
organizations such as the Red Cross and the Heart Association.
Mr. Chairman, I urge my colleagues to support this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. SOUDER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, let me first point out that I am not against CPR. My
father died at age 55, as did his two brothers, of a heart attack. So
did my grandfather on both sides die of heart attacks. I agree CPR is
needed. I agree that education on what you can eat, and exercise
exercise is needed.
Mr. Chairman, I rise in opposition to this amendment because quite
frankly, any reform bill that is a thousand pages long has a
fundamental problem with it in the beginning. In trying to find out
where this amendment is, title IV has between 90 and 100 pages in it.
It has allowable uses, so to speak, coming out of one's ears. It is not
clear that they cannot already use these funds for CPR. It is kind of a
pattern that we have in Washington that we think if we do not put in
the bill that they can use dollars for CPR to work among the schools
and school districts, that somehow the local educators might not
realize that CPR is important, or that State educators might not
realize CPR is important.
Mr. Chairman, throughout the whole bill we have this assumption that
unless we specifically write it in and tell these poor, kind of
backwards people in Indiana and California and other parts of the
country what they can and cannot do, that we have failed as
congressmen.
I know very few schools that do not do CPR training, but I do not
believe that it is essential to put that in this bill. In Title IV,
Federal funds are used rather than local health departments, or local
fire departments and ambulance departments which frequently do CPR
training, these funds would come directly out of teacher training and
the programs that we are doing to help the schools at risk. Federal
programs should be tightly targeted to those in need, not necessarily
towards a broad, sweeping program where there are plenty of avenues to
fund them at the local level.
Mr. Chairman, I reserve the balance of my time.
Mrs. CAPPS. Mr. Chairman, I yield 1 minute to the gentleman from Ohio
(Mr. Boehner), the chairman of the committee.
Mr. BOEHNER. Mr. Chairman, I thank the gentlewoman from California
for yielding me this time.
I think that title IV is a block grant that allows school districts
to do all types of activities. Certainly I think CPR training is an
appropriate activity for the use of Federal funds. And I absolutely see
no reason why we should not include this to the laundry list, as the
gentleman from Indiana who is opposing the amendment pointed out.
There is a laundry list, because without some definition of what you
can and cannot use Federal funds for, school districts will come up
with all kinds of ideas how to use that money. That is why I think
allowing this to be included, along with the three items that the
gentleman from Indiana requested to be part of allowable uses of funds
under title IV, I see no reason why this should not join those and be
part of the bill.
Mrs. CAPPS. Mr. Chairman, I yield back the balance of my time.
Mr. SOUDER. Mr. Chairman, I yield myself the balance of my time.
[[Page H2520]]
I want to clarify because I, like many others, have a number of
things in this bill and I have been pleased to work with both the
gentleman from Ohio (Mr. Boehner) and the gentleman from California
(Mr. George Miller) as we have worked through this bill.
Mr. Chairman, at some point we passed the point of no return. This
bill grows and grows. In fact, I wonder why we do not have a national
test for CPR. I took CPR in high school; and quite frankly, I do not
know if anyone would want me to perform CPR on them. Perhaps because we
do not trust the local and State governments to come up with their
tests in other areas, we should have a fall back test on CPR to make
sure that they are actually teaching CPR in the way that CPR should be
taught.
On the other hand, I want to commend the gentlewoman for her concern,
and her career concern, with combating heart disease. I know that I am
likely to be a lone vote on this but I wanted to make a couple of
points. To me this is a symptom of what is wrong with this bill.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from California (Mrs. Capps).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Mr. SOUDER. Mr. Chairman, I demand a recorded vote, and pending that,
I make the point of order that a quorum is not present.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentlewoman from California (Mrs.
Capps) will be postponed.
The point of no quorum is considered withdrawn.
The CHAIRMAN. It is now in order to consider amendment No. 4 printed
in House Report 107-69.
Amendment No. 4 Offered by Mr. Graves
Mr. GRAVES. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 4 offered by Mr. Graves:
In part F of title VIII of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
801 of the bill, add at the end the following:
``SEC. 8605. EFFECTIVE USE OF FEDERAL ELEMENTARY AND
SECONDARY EDUCATION FUNDS.
``It is the sense of the Congress that the Secretary, State
educational agencies, and local educational agencies should
work together to ensure that not less than 95 percent of all
funds appropriated to carry out elementary and secondary
education programs under this Act is spent directly to
improve the academic achievement of the Nation's children in
their classrooms.
The CHAIRMAN. Pursuant to House Resolution 143, the gentleman from
Missouri (Mr. Graves) and a Member opposed will each control 5 minutes.
Mr. GEORGE MILLER of California. Mr. Chairman, I ask unanimous
consent to claim the time otherwise reserved for the opposition.
The CHAIRMAN. Is there objection to the request of the gentleman from
California?
There was no objection.
The CHAIRMAN. The Chair recognizes the gentleman from Missouri (Mr.
Graves).
Mr. GRAVES. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, we are at a crossroads in Federal education policy.
There are those that still believe that all wisdom lies in Washington,
and solutions to our education woes will be found in the bowels of
Washington bureaucracy. Yet H.R. 1 is a road down a new path. This
legislation recognizes the power, the possibility, and the promise of
our public schools.
{time} 1315
Today, I urge my colleagues to support our local teachers,
administrators, and school board members who in the majority of our
schools are finding common-sense solutions to this generation's
problems.
By directing 95 cents of every education dollar directly to the
classroom, we will empower teachers, not bureaucrats, and we will
support education, not regulation. I offer for my colleagues' approval
today, a very simple amendment. It directs the Department of Education
to join our States and local school districts in an all-out effort to
direct 95 percent of all our Federal education dollars to the place in
which it belongs the most, the classroom.
Mr. Chairman, too many education dollars are spent on bureaucracies
at all levels of government. Federal education dollars should not
benefit a bloated bureaucracy. Rather, those precious dollars should
provide maximum educational opportunities for all of our students.
As we reauthorize the Elementary and Secondary Education Act, we must
do our part to ensure that increased spending is coupled with increased
flexibility.
By sending more education dollars directly to the classroom, we will
shift the focus of our education system back to the students, the
families, the classrooms, the schools, and the communities of our
Nation.
Mr. Chairman, while there may be some disagreement on how we do it,
we all agree that today's youth deserve an education system that is
second to none.
As I travel the Sixth Congressional District of Missouri and listen
to the hopes and dreams of youth today from Maryville to Blue Springs
and Park Hill to Brookfield, I am reminded that what we do here in
Congress really does matter. Our decisions will have a significant
impact on our children's future and the future of our country.
Mr. Chairman, the people of this country and the President of this
Nation have made education the top priority. Let us join them today in
embracing a new vision for American education that strengthens schools,
streamlines bureaucracy, and supports our classrooms.
Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself such
time as I may consume.
Mr. Chairman, we have no problem with sense of the Congress amendment
on this matter offered by the gentleman from Missouri (Mr. Graves).
This has obviously been a matter that has been of growing concern in
the Congress to make sure that we, in fact, have the ability to drive
every dollar possible to the classroom, to the local level, where the
decision-making that is on a day-to-day basis for the well being of our
children is made and that they have the opportunity to use those
resources that we have dedicated for that purpose.
I would say, however, that I find this somewhat in conflict with
those who will support the Straight A's proposal because, in fact, the
Straight A's proposal allows 8 percent of the title I money to be held
at the State level and 10 percent of the money on everything else to be
held at the State level. This is money that a State would hold onto
itself, and in many instances we know that that is really about the
bureaucracy funding itself, a State bureaucracy funding itself, with
Federal dollars. Whether that in some cases is legal or not, the fact
of the matter is that is what happens.
So we support this resolution because we strongly believe that we
should be driving these dollars to the classroom. We also strongly
believe that we should increase the flexibility at the local level, and
we have done that in this legislation. That is why later on we will be
opposing the proposal on the Straight A's.
Mr. BOEHNER. Mr. Chairman, will the gentleman yield?
Mr. GEORGE MILLER of California. I yield to the gentleman from Ohio.
Mr. BOEHNER. Mr. Chairman, I thank the gentleman from California (Mr.
George Miller) for yielding.
Mr. Chairman, I, too, support the resolution offered by the gentleman
from Missouri (Mr. Graves). If we look at the bill that we have before
us, we will see that local districts have far more flexibility over how
they use Federal funds than at any time in any Federal education
program.
We also believe that to the extent possible, we ought to continue to
work at reducing the paperwork requirements on States and local
districts, so, in fact, more of these funds actually get to the
classroom and can get to the children who most need it.
Mr. GEORGE MILLER of California. Mr. Chairman, I thank the chairman
for his comments. I think clearly this amendment is consistent with
what we said we want to do in this legislation, and we have no
opposition.
[[Page H2521]]
Mr. Chairman, I yield back the balance of my time.
Mr. GRAVES. Mr. Chairman, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Pitts), who has been a tireless advocate on behalf of
sending Federal education dollars back to the classroom.
Mr. PITTS. Mr. Chairman, I rise in support of the Graves amendment.
Since I came to Congress, I have been working to promote this idea of
getting 95 cents out of every Federal education tax dollar to the
classrooms of America. I applaud my friend from Missouri (Mr. Graves)
for offering this amendment today, an amendment that puts children
first in education.
Several States have reported that, although they receive less than 10
percent of their education funding from the Federal Government, more
than 50 percent of their paperwork is associated with those Federal
dollars.
In 1998, the Department of Education paperwork and data reporting
requirements totaled 40 million ``burden hours,'' the equivalent of
19,300 people working 40 hours a week for 1 year just to comply with
Federal programs.
Instead of spending money on bureaucracy, I believe that Federal
dollars are better spent directly in our Nation's classrooms, on things
like textbooks, computers, maps, teacher aids, microscopes, other
classroom aids, things that help teachers teach and children learn.
Local schools are best suited to make decisions about allocating
resources. They understand their students' background, the needs. They
can respond to them most directly with proven methods of instruction.
This amendment sets a standard to reduce bureaucracy and ineffective
spending, gets more money into the hands of a person who knows a
child's name.
We must prioritize the way we spend our education tax dollars and put
children first. I urge support for this amendment.
Mr. BOEHNER. Mr. Chairman, will the gentleman yield?
Mr. PITTS. I yield to the gentleman from Ohio.
Mr. BOEHNER. Mr. Chairman, I thank the gentleman from Pennsylvania
(Mr. Pitts) for yielding, and I also thank him for his tireless efforts
on this project.
Over the last 4 years, 5 years, he has worked at trying to ensure
that more of these Federal education dollars get back to the classroom.
I can say we would not be talking about this issue today still if it
had not been for the tenacity of the gentleman from Pennsylvania (Mr.
Pitts). Congratulations.
Mr. GRAVES. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this is a simple amendment, and it does empower local
schools.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Missouri (Mr. Graves).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Mr. GRAVES. Mr. Chairman, I demand a recorded vote, and pending that,
I make a point of order that a quorum is not present.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from Missouri (Mr. Graves)
will be postponed.
The point of no quorum is considered withdrawn.
Sequential Votes Postponed in Committee of the Whole
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will
now resume on those amendments on which further proceedings were
postponed in the following order: amendment No. 2 offered by the
gentlewoman from California (Mrs. Capps), and amendment No. 4 offered
by the gentleman from Missouri (Mr. Graves).
The Chair will reduce to 5 minutes the time for the second electronic
vote.
Amendment No. 2 Offered by Mrs. Capps
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentlewoman from California (Mrs.
Capps) on which further proceedings were postponed and on which the
ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 421,
noes 2, not voting 9, as follows:
[Roll No. 128]
AYES--421
Ackerman
Aderholt
Akin
Allen
Andrews
Armey
Baca
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett
Bartlett
Barton
Bass
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop
Blagojevich
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Carson (IN)
Carson (OK)
Castle
Chabot
Chambliss
Clay
Clayton
Clement
Clyburn
Coble
Collins
Combest
Condit
Conyers
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crenshaw
Crowley
Culberson
Cummings
Cunningham
Davis (CA)
Davis (FL)
Davis (IL)
Davis, Jo Ann
Davis, Tom
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dicks
Dingell
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Ferguson
Filner
Flake
Fletcher
Foley
Ford
Fossella
Frank
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Gordon
Goss
Graham
Granger
Graves
Green (TX)
Green (WI)
Grucci
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Harman
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill
Hilleary
Hilliard
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Honda
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inslee
Isakson
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kerns
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kingston
Kirk
Kleczka
Knollenberg
Kolbe
Kucinich
LaFalce
LaHood
Lampson
Langevin
Lantos
Largent
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDermott
McGovern
McHugh
McInnis
McIntyre
McKeon
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Millender-McDonald
Miller (FL)
Miller, Gary
Miller, George
Mink
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Ose
Otter
Oxley
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Platts
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Putnam
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reyes
Reynolds
Riley
Rivers
Rodriguez
Roemer
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roukema
Roybal-Allard
Royce
Rush
Ryan (WI)
Ryun (KS)
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Saxton
Scarborough
Schaffer
Schakowsky
Schiff
Schrock
Scott
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Spence
Spratt
Stark
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Tiberi
Tierney
Toomey
Towns
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Visclosky
Vitter
Walden
Wamp
Waters
[[Page H2522]]
Watkins
Watt (NC)
Watts (OK)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)
NOES--2
Johnson, Sam
Souder
NOT VOTING--9
Abercrombie
Cubin
Greenwood
Hansen
McKinney
Moakley
Owens
Rogers (KY)
Walsh
{time} 1343
Ms. SOLIS changed her vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Announcement by the Chairman
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, the Chair announces
that he will reduce to a minimum of 5 minutes the period of time during
which a vote by electronic device will be taken on the second amendment
on which the Chair has postponed further proceedings.
Amendment No. 4 Offered by Mr. Graves
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from Missouri (Mr. Graves) on
which further proceedings were postponed and on which the ayes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 422,
noes 0, not voting 10, as follows:
[Roll No. 129]
AYES--422
Ackerman
Aderholt
Akin
Allen
Andrews
Armey
Baca
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett
Bartlett
Barton
Bass
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop
Blagojevich
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Carson (IN)
Carson (OK)
Castle
Chabot
Chambliss
Clay
Clayton
Clement
Clyburn
Coble
Collins
Combest
Condit
Conyers
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crenshaw
Crowley
Culberson
Cummings
Cunningham
Davis (CA)
Davis (FL)
Davis (IL)
Davis, Jo Ann
Davis, Tom
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dicks
Dingell
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Ferguson
Filner
Flake
Fletcher
Foley
Ford
Fossella
Frank
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Gordon
Goss
Graham
Granger
Graves
Green (TX)
Green (WI)
Grucci
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Harman
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill
Hilleary
Hilliard
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Honda
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inslee
Isakson
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E.B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kerns
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kingston
Kirk
Kleczka
Knollenberg
Kolbe
Kucinich
LaFalce
LaHood
Lampson
Langevin
Lantos
Largent
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Mascara
Matheson
Matsui
McCarthy (MO)
McCollum
McCrery
McDermott
McGovern
McHugh
McInnis
McIntyre
McKeon
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Millender-McDonald
Miller (FL)
Miller, Gary
Miller, George
Mink
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Ose
Otter
Oxley
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pitts
Platts
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Putnam
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reyes
Reynolds
Riley
Rivers
Rodriguez
Roemer
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roukema
Roybal-Allard
Royce
Rush
Ryan (WI)
Ryun (KS)
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Saxton
Schaffer
Schakowsky
Schiff
Schrock
Scott
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Tiberi
Tierney
Toomey
Towns
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Visclosky
Vitter
Walden
Walsh
Wamp
Waters
Watkins
Watt (NC)
Watts (OK)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)
NOT VOTING--10
Abercrombie
Cubin
Greenwood
Hansen
McCarthy (NY)
Moakley
Owens
Pickering
Rogers (KY)
Scarborough
{time} 1352
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated for:
Mr. PICKERING. Mr. Chairman, I was inadvertently detained and unable
to vote on rollcall No. 129, expressing the sense of Congress that the
Education Department, states, and school districts should work together
to ensure that at least 95% of all federal education funds be spent
directly to improve the academic achievement of children in the
classroom.
Had I been present, I would have voted ``yea'' on rollcall No. 129.
The CHAIRMAN. It is now in order to consider amendment No. 5 printed
in House Report 107-69.
Amendment No. 5 Offered by Mr. Hill
Mr. HILL. Mr. Chairman, I offer an amendment made in order under the
rule.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 5 offered by Mr. Hill:
In section 401 of the bill, at the end of section 4131(b)
of the Elementary and Secondary Education Act of 1965 (as
proposed to be amended by such section 401) add the
following:
``(16) programs to establish smaller learning communities.
The CHAIRMAN. Pursuant to House Resolution 143, the gentleman from
Indiana (Mr. Hill) and a Member opposed will each control 5 minutes.
Mr. DUNCAN. Mr. Chairman, I ask unanimous consent to be given the
time normally reserved for those in opposition.
The CHAIRMAN. Is there objection to the request of the gentleman from
Tennessee?
There was no objection.
The CHAIRMAN. The Chair recognizes the gentleman from Indiana (Mr.
Hill).
Mr. HILL. Mr. Chairman, I yield myself 1\1/2\ minutes.
Mr. Chairman, when I was growing up in Jackson County, Indiana, there
were more high schools than there are today. In towns like Tampico and
Clear Spring and Cortland, there were high schools that local kids
attended and local families supported. These schools brought people
together and helped keep their towns strong and vital places to lives.
They were the heartbeats of their communities.
When school consolidation forced high schools to close, it tore the
hearts
[[Page H2523]]
right out of these communities. These high schools, along with
thousands of other small schools around America, were closed because
for many years educators followed a rule that bigger schools are
better. For a long time, we all assumed that bigger schools were better
because they could offer students more courses, more extracurricular
activities, and could save schools money.
We need to rethink our assumptions about larger schools. New research
shows that achievement levels in smaller schools are higher, especially
among children from disadvantaged backgrounds who need extra help to
succeed.
Mr. Chairman, my amendment would not authorize a separate program.
Title IV of the bill includes a list of innovative options that local
schools can explore. My amendment would simply add smaller learning
communities to that list. My amendment would simply allow local
education agencies to judge for themselves whether a smaller learning
community program is the best strategy for helping students and
teachers.
Mr. Chairman, I reserve the balance of my time.
Mr. DUNCAN. Mr. Chairman, I yield myself such time as I may consume.
(Mr. DUNCAN asked and was given permission to revise and extend his
remarks.)
Mr. DUNCAN. Mr. Chairman, I first would like to thank the gentleman
from Indiana (Mr. Hill) for his leadership in the movement to reverse
the size of the growth in our schools.
He and I and our staffs have worked together for the last 2 years to
obtain funding within the Department of Education for the smaller
schools initiative program, a very, very important program within our
Department of Education.
At a smaller school, a young person has a better chance to make a
sports team, serve on the student council, lead a club, be a
cheerleader, or excel or stand out in some other way. Also, a student
at a smaller school can get more individual attention and not feel just
like a number in some education factory.
Actually, very large schools, large high schools, sometimes breed
very dangerous types of situations because, while most students can
handle very big schools, a few always feel alienated and feel like they
have to resort to strange or dangerous behavior to get noticed.
I was very shocked, for instance, when I read that the principal at
the Columbine High School had never even heard of the Trench Coat
Mafia, even though the group's picture had been published in the school
yearbook.
Agusta Kappner, a former U.S. assistant secretary of education, wrote
recently in USA Today that ``good things happen'' when large schools
are remade into smaller ones. She said, ``Incidents of violence are
reduced; students' performance, attendance, and graduation rates
improve; disadvantaged students significantly outperform those in large
schools on standardized tests; students of all social classes and races
are treated more equitably; teachers, students, and the local community
prefer them.
Students are better off going to smaller schools, Mr. Chairman, even
in older buildings, as long as they are clean and safe and well-lit,
than they are going to large, very centralized high schools, even in
brand new buildings.
We have done a good job of reducing class sizes in most places, but
too often we are making a very bad mistake in making students go to
very large high schools. Just yesterday I had one of my constituents
tell me that at her small community high school she knew everyone
there, even in the lower grades, but at the large, centralized high
school which her daughter attended, she did not even know two-thirds of
the people in her own class.
I remember several years ago reading that the largest high school in
New York City had 3,500 students, and when they broke it up into five
separate high schools, their drug and discipline problems went way
down.
I feel very strongly about this issue, and I could go on at length.
But I want to emphasize briefly four main points why we need to pass
the Hill amendment.
{time} 1400
One, educational experts are increasingly rejecting the ``bigger is
better'' approach to schools. In the smaller schools, obviously
students can get more individualized attention.
Secondly, research is finding that smaller schools especially help
minority and disadvantaged students.
The third point, more and more high school principals have criticized
``bigness.'' The National Association of Secondary School Principals
recommended in 1999 that high schools change their structure to limit
enrollments to schools of no more than 600 students in size.
Fourth, smaller schools reduce violence and criminality.
In summary, the Hill amendment is very simple. It lets local school
districts use the local innovative programs to reduce the size of their
schools as they feel that that action would improve school quality.
This is a very good amendment.
Mr. Chairman, I am proud to join the gentleman from Indiana (Mr.
Hill) in supporting this amendment.
Mr. Chairman, I yield 1 minute to the gentleman from Ohio (Mr.
Boehner), the chairman of the Committee on Education and the Workforce.
Mr. BOEHNER. Mr. Chairman, I want to thank the gentleman from
Tennessee (Mr. Duncan), my colleague, for yielding the time to me.
Mr. Chairman, I want to congratulate both the gentleman from
Tennessee (Mr. Duncan) and the gentleman from Indiana (Mr. Hill) for
their amendment that we have before us.
I know firsthand what happens in large high schools. The community in
which I live had a high school with over 3,000 students, and the
community eventually voted to build two new high schools, and it
provided many more opportunities for many of the students that formerly
had attended just one high school.
I think under the amendment offered by the gentleman from Indiana
(Mr. Hill), this is an allowable use of funds under title IV, which is
the Innovative Block Grant Program, and this is the type of program
that I think is good for some school districts that would make this an
allowable use of funds.
It is appropriate, and I support the Hill amendment.
Mr. HILL. Mr. Chairman, I want to thank the gentleman from Tennessee
(Mr. Duncan) and the gentleman from Ohio (Mr. Boehner) for their words
and their strong support on this.
Mr. Chairman, I yield 2 minutes to the gentleman from the State of
Washington (Mr. Baird), my good friend.
Mr. BAIRD. Mr. Chairman, I thank the gentleman from Indiana (Mr.
Hill) for yielding the time to me.
Mr. Chairman, I want to also thank the gentleman from Tennessee (Mr.
Duncan) and the gentleman from Ohio (Mr. Boehner), the chairman of the
Committee on Education and the Workforce, for their support of this
initiative, and I rise in strong support of the amendment.
This amendment allows local school districts to use innovative funds
authorized to create smaller learning communities in their schools.
When I was growing up, as with other Members of this body, our
schools were a manageable size where you knew the teachers, the
teachers knew who the kids were, and we all knew each other.
Communities were proud of their schools. The schools brought people
together and helped keep their towns strong and vital places to live.
But the Nationwide trends towards consolidation in larger schools has
brought ever-increasing problems. Since 1930, the number of high
schools in the U.S. has declined 70 percent from 262,000 schools to
88,000 in 1996. In 1930, the average school had 100 students. In 1996,
the average school had 510 students.
It is unbelievable that America's grown by 100 million people, yet
the number of schools has declined by almost two-thirds.
I will say it again, too many schools are simply too big today. Yet,
research tells us from many studies that smaller schools are more
personalized, less bureaucratic, show fewer inequities in student
achievement, have higher attendance rates, higher participation in
school activities, and violence and criminality are significantly
reduced.
In addition, students in smaller schools perform better in the core
subjects of reading, math, history, and science.
[[Page H2524]]
Think about it for just a second. No matter how big or small your
school is, there are only nine folks who play on the baseball team.
Kids in smaller schools have more opportunities to participate and more
opportunities to be involved, and that makes better schools and better
education.
Shortly after the Columbine tragedy, the gentleman from Indiana (Mr.
Hill) and I talked about that and what could be done. We discussed
bullying and we discussed this problem of school size.
We talked about what could be done, and I commend with all of my
heart the gentleman from Indiana (Mr. Hill) for his initiative and the
gentleman from Ohio (Chairman Boehner) and the gentleman from Tennessee
(Mr. Duncan) in proposing this amendment.
It is the right thing to do to move from these massive schools to
smaller schools where faculty know the kids and families know the
faculty.
This amendment will improve our schools.
Mr. DUNCAN. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I will simply say this, the school superintendent in my
home county of Knox County, Tennessee, told me that the school system
he moved from in South Carolina a couple of years ago was the largest
high school, it had 3500 students but it was going to 3800 students.
That is a trend that we see all over this Nation.
It is a bad trend for the youth of America. We need to do whatever we
can to reverse that trend, and that is why I strongly support the
Smaller Schools Initiative that the gentleman from Indiana (Mr. Hill)
and I have worked on within the Department of Education and why this
amendment, I think, should be supported by all Members.
Mr. Chairman, I appreciate very much the good words spoken by the
gentleman from Ohio (Mr. Boehner), chairman of the Committee on
Education and the Workforce, and for his support of this amendment.
Once again, I commend the gentleman from Indiana (Mr. Hill) for his
leadership on this issue.
Mr. Chairman, I yield back the balance of my time.
Mr. HILL. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman
from California (Ms. Sanchez).
Ms. SANCHEZ. Mr. Chairman, I am pleased to speak in support of this
amendment, because it is a school safety measure. School safety is not
just about metal detectors or locker checks.
Safe schools mean that the faculty and administrators can know their
students and they can watch for the warning signs of any impending
violence.
This is a very difficult time when most of our high schools,
especially in the area I represent, have enrollments of 2,000 to 3,000
students. This is also a matter of common sense.
Students feel less alienated and more connected to caring adults when
they are in a smaller school. Smaller schools mean that there is
improved morale. There is higher participation by the students, higher
attendance, lower dropout rates, less crime, violence, alcohol, tobacco
problems, fewer behavior and discipline problems.
There is higher achievement in smaller schools and closer teacher-
student relations. Overall, smaller schools mean safer schools.
Including real support for smaller schools in the ESEA will show a
commitment to providing safer and better learning communities for all
of our students.
Mr. Chairman, I urge my colleagues to support smaller learning
communities and prove this commitment.
Mr. Chairman, I thank the gentleman from Indiana (Mr. Hill) for
yielding me the time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Indiana (Mr. Hill).
The amendment was agreed to.
The CHAIRMAN. Pursuant to the order of the House of today, it is now
in order to consider amendment No. 3 printed in the House Report 107-
69.
Amendment No. 3 Offered by Ms. Dunn
Ms. DUNN. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 3 offered by Ms. Dunn:
In section 5115(b)(2) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
501 of the bill, strike subparagraph (D) and insert the
following:
``(D) to the extent that expenditures do not exceed 20
percent of the amount made available to a local educational
agency under this subpart (except that this subparagraph
shall not apply to the hiring and training of school resource
officers pursuant to clause (ii)), law enforcement and
security activities, including--
``(i) acquisition and installation of metal detectors;
``(ii) hiring and training of security personnel (including
school resource officers), that are related to youth drug and
violence prevention;
``(iii) reporting of criminal offenses on school property;
and
``(iv) development of comprehensive school security
assessments;
The CHAIRMAN. Pursuant to House Resolution 143, the gentlewoman from
Washington (Ms. Dunn) and a Member opposed will each control 5 minutes.
Mr. FROST. Mr. Chairman, although I do not oppose the amendment, I
ask unanimous consent to claim the time in opposition.
The CHAIRMAN. Is there objection to the request of the gentleman from
Texas (Mr. Frost)?
There was no objection.
The CHAIRMAN. The Chair recognizes the gentlewoman from Washington
(Ms. Dunn).
Ms. DUNN. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, first, I would like to commend the gentleman from Ohio
(Chairman Boehner) and the gentleman from California (Mr. George
Miller), the ranking member, for guiding us along this road towards
reforming America's education system and truly making sure that no
child is left behind.
I rise today, along with the gentleman from Texas (Mr. Frost), to
offer an amendment designed to give communities greater flexibility to
use their Federal education dollars to hire school resource officers.
School resource officers are specially trained, uniformed policemen and
women who are sent into the public schools to identify at-risk youth
and serve as positive role models and mentors to students.
During the 106th Congress, the gentleman from Texas and I served as
cochairs of the Speaker's Bipartisan Working Group on Youth Violence.
Included in the Working Group's final report was a recommendation
that Congress provide adequate funds for school resource officers and
other programs that bring law enforcement into the schools as mentors
and instructors.
Earlier this year, we witnessed the importance of having these safety
officers in schools. During a recent school shooting at Granite Hills
High School in Southern California, the campus school resource officer
was able to stop the youth offender, and he was instrumental in
preventing further violence.
The school principal called the officer his personal hero and
credited him for saving the lives of other students.
H.R. 1 places a 20 percent cap on the amount of Federal funds local
education agencies can use for authorized law enforcement and security
activities, including the hiring of school resource officers.
Our amendment lifts this cap and it gives local educational agencies
the option to spend any portion of their Federal funds on hiring school
resource officers.
Mr. Chairman, our Nation's schools should be safe places. We must
provide an atmosphere where teachers feel safe to teach and students
feel safe enough to learn.
School resource officers are an important part of any school safety
plan, and every effort should be made at the Federal level to give
schools greater flexibility to hire these officers as a violence
prevention measure.
Mr. Chairman, I urge my colleagues to support this important
amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. FROST. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I am pleased to offer this important school safety
amendment with the gentlewoman from Washington (Ms. Dunn), my friend
and fellow cochair of the Bipartisan Task Force on Youth Violence.
After the Columbine school shootings, our Youth Violence Task Force
heard from parents, teachers, police, counselors, and other experts
about
[[Page H2525]]
what Congress could do to combat growing youth violence.
We all agreed that school safety officers are a crucial piece of any
real approach to youth violence. So the Dunn-Frost amendment empowers
schools by lifting the 20 percent cap on Federal funds under title V
that local educational agencies may use for security activities,
including the hiring of school safety officers.
I have heard directly from school officials throughout my district
about the sense of comfort and security these officers have given
students traumatized by reports of school shootings.
By placing school resource officers in schools, we enable officers to
teach crime and violence prevention, to facilitate substance abuse
education, to monitor troubled students, and to build respect for law
enforcement.
This amendment directly reflects requests that have been brought to
our attention by school administrators, teachers, parents, and
students.
It is our obligation to listen to our communities. It is time to stop
only discussing the problem of our troubled youth and to start to be a
part of the solution to this national crisis.
Passing the Dunn-Frost amendment will give schools the freedom to
hire the officers they need to make the students safe, an important
step towards helping troubled youth and stemming the tragic tide of
youth violence.
Mr. Chairman, I reserve the balance of my time.
Ms. DUNN. Mr. Chairman, I yield 30 seconds to the gentleman from Ohio
(Mr. Boehner), the chairman of the Committee on Education and the
Workforce.
Mr. BOEHNER. Mr. Chairman, I want to thank the gentlewoman from the
State of Washington (Ms. Dunn) for her amendment, along with the
gentleman from Texas (Mr. Frost).
Under the Safe and Drug Free Schools Program, part of the intent is
to make sure there are resources there for safety in school and to
allow school districts to have the funds available to do drug
prevention programs of many sorts.
I think that the amendment that is being offered, making it clear
that school resources officers can, in fact, be paid out of this fund,
is a good amendment. It helps the bill. It should be supported.
Mr. FROST. Mr. Chairman, I reserve the balance of my time.
Ms. DUNN. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, let me just make one remark before we close debate on
this amendment. It is very important to remember that schools are among
the safest place for children to be. We discovered that as I served as
cochair of the working group here in Congress on Youth Violence.
The perception that schools are unsafe, however, creates a huge
uneasiness and anxiety among our children that they need not feel, but
it is up to us and a responsibility of ours and an opportunity of ours
here in the Congress to do those things that are positive steps towards
reducing youth violence in schools around the country and towards
reassuring youngsters that schools are safe places to be.
{time} 1415
Schools provide a tremendous opportunity to interact with our youth
and positively contribute to their personal development. It is an
opportunity that we must not miss. I urge my colleagues to support this
important youth violence prevention amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. FROST. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this amendment demonstrates that Democrats and
Republicans can work together. We had an excellent youth violence task
force, made a number of recommendations.
I can tell my colleagues that I consulted students, teachers,
administrators throughout my congressional district in Texas. We have a
program that has been in place in a number of our school districts, in
Grand Prairie, Arlington, and other parts of the areas that I
represent. This program works. This is a program that must be
adequately funded.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Washington (Ms. Dunn).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Ms. DUNN. Mr. Chairman, I demand a recorded vote, and pending that, I
make the point of order that a quorum is not present.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentlewoman from Washington (Ms. Dunn)
will be postponed.
The point of no quorum is considered withdrawn.
It is now in order to consider amendment No. 6 printed in House
Report 107-89.
Amendment No. 6 Offered by Mr. Hoekstra
Mr. HOEKSTRA. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 6 offered by Mr. Hoekstra:
In section 1111(b)(4) of the Elementary and Secondary
Education Act of 1965 as amended by section 104 of the bill--
(1) strike subparagraph (E) and insert the following:
``(E) measure the proficiency of students in the academic
subjects in which a State has adopted challenging academic
content and student performance standards and be administered
at some time during--
``(i) grades 3 through 5;
``(ii) grades 6 through 9; and
``(iii) grades 10 through 12;''; and
(2) strike subparagraph (G).
The CHAIRMAN. Pursuant to House Resolution 143, the gentleman from
Michigan (Mr. Hoekstra) and a Member opposed will each control 15
minutes.
Mr. BOEHNER. Mr. Chairman, I rise in opposition to the amendment, and
I ask unanimous consent that my time be split between the gentleman
from California (Mr. George Miller) and myself, that we will each
control 7\1/2\ minutes.
The CHAIRMAN. Is there objection to the request of the gentleman from
Ohio?
There was no objection.
The CHAIRMAN. The Chair recognizes the gentleman from Michigan (Mr.
Hoekstra).
Mr. HOEKSTRA. Mr. Chairman, I yield myself 1\1/2\ minutes.
Mr. Chairman, accountability is one of the keys to improving our
Nation's education system. There is no doubt about that. Accountability
is so important that the President has made it one of the three
cornerstones of his education reform package along with flexibility and
parental empowerment.
This is not a new issue. In 1994, Congress passed the Improving
America's School Act. In that bill, testing was required to be
implemented by the year 2001. Our students would be tested once in
grades 3 through 5, once in grades 6 through 9, and once again in
grades 10 through 12. The deadline was 2001. But so far, only 25 of the
50 States have met that mandate.
Here we are before we have any results from that mandate, we are
going back to our local schools, and we are going back to the States
and saying, oh, by the way, we were not serious about the mandate that
is going into effect for this school year. We are going to give a new
mandate that significantly changes the Federal accountability standards
that one must meet. Forget about the work that one has completed over
the last 7 years. Forget about the money that one has invested. Here is
a new process and a new system and a new set of requirements that one
needs to meet.
What my amendment does is let us give the mandate for 2001, let us
give it a little bit of an opportunity to see exactly what the results
and what the impact is.
Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentleman from New Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Mr. Chairman, I rise in opposition to the amendment. It
is very important to understand what the bill does not provide in the
area of testing. First of all, it does not provide for a national test.
It provides for States to have the standards and the flexibility to
determine in their judgment
[[Page H2526]]
the best way to evaluate their students.
Second of all, the bill does not provide for punitive results of poor
performance on the test. Instead, the test is diagnostic in nature as
designed by the States. It is designed to identify those schools and
those children that have significant learning needs and difficulties
and to empower educators with the tools and strategies necessary to
address those deficiencies.
I think the greatest risk of passing this amendment is it means it
will never get to the day that so many people rhetorically agree that
we need to get to. Federal investment in education must produce
results. People agree with that. One cannot measure results unless one
tests and evaluates, and most people agree with that. But they say not
this test, not this time, and not this way.
I fear that we will never get to the test, we will never get to the
time, we will never get to the standard that people can agree is
necessary to meet the rhetorical principle that we have set forth.
This bill provides for state-guided testing. It provides for
remediation, not punishment, for those who do not measure up. The bill
deserves the support of both parties here in the House. I urge my
colleagues to reject and defeat this amendment.
Mr. HOEKSTRA. Mr. Chairman, I yield 1 minute to the gentleman from
Massachusetts (Mr. Frank) in recognition of the bipartisan nature of
this amendment.
Mr. FRANK. Mr. Chairman, the gentleman from New Jersey (Mr. Andrews),
the preceding speaker, kept stressing the virtue of letting the States
make a decision. He stressed that this leaves it up to the States.
Well, why not follow the logic of this? I agree, the States are the
ones who should be making these decisions. Why then mandate as a part
of a Federal bill as a condition of getting the Federal money that the
States have to test the students in five grades every year?
I want to be clear this is not an argument about testing. This is an
argument about the Federal Government deciding today that every school
has to test students. Now, yes, the States get some flexibility, but
within a very rigid mandate.
There was a problem about whether or not we are ready to do this
testing. I read in the New York Times that some of the testing entities
pay $9 an hour for people to grade essay tests. I want to say to my
colleagues, pass a law now whereby the Federal Government mandates that
every State get into the testing business, ready or not, and the
results will be so unpleasant that pretty soon my colleagues will be
answering a lot of letters on it. They better pay the people on their
staff who answer those angry letters more than $9 an hour, because they
are going to be difficult letters to answer.
Mr. BOEHNER. Mr. Chairman, I yield 1 minute to the gentleman from San
Diego, California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Chairman, I rise in opposition to the amendment.
The gentleman from Michigan (Mr. Hoekstra) has done some marvelous
things, I think, in education. He has identified multiple programs, and
he has got my utmost respect. But I think the gentleman is wrong on
this particular issue.
I have talked to the superintendents in San Diego. They are opposed
to the amendment. They want the flexibility to test. I spoke to a group
in New York that were against it; and basically, they were from an
affluent school, and they wanted their students to be able to go on to
Harvard and Yale and those things; and they thought that a higher level
of testing would limit them from doing that.
We want to be able to judge. We put billions of dollars, which my
colleague has fought against, in education without accountability. This
is one way that we feel that, if we put the money in, we hold the
schools and raise the bar, because if one lowers the bar, that is going
to lower the standards. The only real way to assess that is with this
quality standards.
I laud the gentleman from Michigan (Mr. Hoekstra) for his effort in
education, but I do oppose the amendment.
Mr. HOEKSTRA. Mr. Chairman, just in response, my superintendents back
home like controlling their own schools. They are not looking for
another Federal mandate.
Mr. Chairman, I yield 2 minutes to the gentleman from Colorado (Mr.
Schaffer).
Mr. SCHAFFER. Mr. Chairman, I thank the gentleman from Michigan for
yielding me this time.
Mr. Chairman, I, too, am one who finds myself in rare disagreement
with the previous speaker; and his argument speaks actually in favor of
the amendment, I would think.
Flexibility is the desire here. The amendment certainly achieves more
of it rather than less of it in relation to the rest of the bill.
Flexibility, Mr. Chairman, should be something upon which we all insist
here in this Chamber. Flexibility was the cornerstone of the
President's plan when he first introduced it, the Leave No Child Behind
proposal that we have all seen, that we have all worked off of. The
document looks just like this. It is a brilliant agenda for America's
schools. But this plan has been left behind by the Committee on
Education and the Workforce and in the bill that is before us.
What I mean by that is the flexibility component, what is called
Straight A's, or as the President referred to it, Charter States, was
taken out of this bill. The flexibility provisions are essentially
gone. There was another provision dealing with choice, the portability
of title I funds, that the President mentions in his plan and that
Secretary Paige forcefully advocated before the committee. But that
provision was taken out in the first amendment that the committee
considered.
So at this point, the question becomes, how can we as a legislative
body here on the floor reinstitute as much flexibility for States as we
possibly can? This amendment is one answer in that regard.
If one holds up all 1,000 pages of the bill that we are considering
today, one will find that the word ``must'' appears 11 times; the word
``ensure'' appears 150 times; the word ``require'' appears 477 times;
the word ``shall'' appears a whopping 1,537 times; and ``shall not'' is
in this bill 123 times.
Now, I would submit that, by the time the day is over, we should be
able to come together on a flexibility amendment of some sort. The
gentleman from Michigan (Mr. Hoekstra) has proposed one when it comes
to the testing provisions.
I would ask my colleagues to consider this new testing requirement
that is in the bill within the following context. For the first time,
this Congress, through this legislation, will attach Federal cash to
test results.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2\1/4\ minutes
to the gentleman from Indiana (Mr. Roemer), a member of the committee.
Mr. ROEMER. Mr. Chairman, I thank the gentleman from California for
yielding me this time.
Mr. Chairman, it seems to me that so many Members here arguing to rip
out the testing proposal in this bill are for the status quo. They are
happy with the fact that 60 percent of kids in the inner city cannot
read at a fourth grade level, six out of 10. So we are going to
continue the same policies that we have had up to this date. That is
unacceptable. We have got to change the status quo.
I was in some schools up in New York visiting. Eighty percent of some
of those children are having trouble passing tests. Is that acceptable?
We must change the status quo with new ideas and with resources to
remediate and help these children.
Now, all of us have problems and reservations with tests. A test done
right is not a high-stake test. It is a diagnostic tool combined with a
host of other things to determine whether or not that child goes to the
next grade or graduates. It is not the sole indicator.
The other point I want to clear up, in this legislation, Indiana will
continue to say and pick and determine what kind of tests they develop.
Whether we have the ISTEP+, or the Iowa, or the Stanford, or the
TerraNova, or a combination, that is our decision under this bill. We
decide that.
But the deal in this bill is there is accountability and there is
resources. We are going to help those children. We are going to help
those children that cannot read at fourth grade reading level before
they fail. We are going to get tutoring for them, and we are going to
get after-school programs for them and summer school programs.
[[Page H2527]]
This committee is going to work directly with the appropriators to
see that these authorization levels are put into law.
I would end on this note: we have many Republicans standing up saying
that this bill is not the President's bill. If this amendment passes,
this amendment guts the heart and the soul from the President's bill,
and I understand he will veto this bill if this amendment passes. So
defeat this amendment. Keep this bipartisan proposal going forward to
conference.
Mr. BOEHNER. Mr. Chairman, I yield such time as she may consume to
the gentlewoman from New Jersey (Mrs. Roukema).
(Mrs. ROUKEMA asked and was given permission to revise and extend her
remarks.)
Mrs. ROUKEMA. Mr. Chairman, I want to associate my remarks with the
remarks from the gentleman from Indiana (Mr. Roemer), my colleague on
the committee, and rise in strong opposition to this amendment.
Testing is the centerpiece of the President's education plan! Why in
the world would we want to eliminate testing?
Let me say this again--testing is the essential component of holding
schools accountable. In its current form this bill provides
unprecedented flexibility to our school districts. But as we provide
that flexibility, it is important that federal education programs
produce real, accountable results. And the best way to hold schools
accountable is through testing. Testing helps us gauge whether children
are truly learning and whether our federal education programs are
effective.
For far too long, many federal education programs have failed to
produce increases in student achievement. It is imperative that the
programs we reauthorize in this bill contain mechanisms that make it
possible for the American people to evaluate whether they work.
The testing provisions in this bill provides accountability and
demands results through high standards and assessments. And it provides
appropriate responses to address failure. States will be required to
test students in grades 3-8.
The states will develop their own standards and assessments under
this bill. We are not dictating a national test. But we are saying that
if you are going to accept federal education funding, then you are
going to be held accountable for results.
State test results are confirmed through the National Assessment of
Educational Progress (NAEP) or similar test, which would be required
annually for grades 4 and 8 in reading and math. If a state improves on
NAEP and their state assessments each year they will be eligible for
rewards, and if it does not, there will be sanctions.
We reward states and schools that improve. Those that do not improve
will undergo corrective actions. Striking a balance between state and
federal responsibility is the right approach to accountability.
This bill takes a meaningful step towards leaving no child behind.
And this amendment guts the major accountability provision in the bill.
As such, I urge all of my colleagues to oppose the amendment.
Mr. BOEHNER. Mr. Chairman, I yield 2 minutes to the gentleman from
Delaware (Mr. Castle), the subcommittee chairman that is responsible
for this bill.
Mr. CASTLE. Mr. Chairman, I thank the gentleman for yielding me this
time. I thank the gentleman from Ohio (Mr. Boehner), I thank the
gentleman from California (Mr. George Miller), and I thank the
President of the United States because they have come up with a plan
which might finally change education and improve education
opportunities for kids in our country.
One of the sponsors of this bill, the gentleman from Michigan (Mr.
Hoekstra), has said earlier the rule will allow us to vote on
amendments which will restore the President's plan.
{time} 1430
This will gut the President's plan. This amendment would absolutely
gut, go to the very heart of what the President is trying to do.
For 35 years, we in the Federal Government have tried, with a lot of
money, to help kids, particularly lower-income kids, because that is
the obligation which we have assumed, to be able to be educated better.
It is fairly flat-lined, as far as that improvement is concerned, and
we have to do something different in order to do this. To do that, we
do need to have the standards and the assessments, and part of the
assessments is the testing. And that is something we absolutely need to
go forward with.
Annual testing will produce more accurate and timely disaggregated
data to determine not just overall progress, but progress in narrowing
the stubbornly persistent achievement gap between all students. Tests
do put pressure on children to perform. We all understand that. We went
through it. But I also believe it is important to identify academic
weaknesses early. This allows teachers and parents to intervene in a
timely manner. That has not happened before. After all, we are not
focusing on input, such as books or paperwork, but the result, real
student learning, and that is what education is all about.
Without annual tests, student achievement data will not be comparable
from year to year, the value added by a school or teacher will be hard
to calculate, and the State-wide reporting of results, including
results by race and income, will be unworkable. The entire system of
accountability will be undermined. If we are serious about education
reform, we need to know the unvarnished facts about where our children
stand against standards, and we need to help diagnose problems and
design remedies to improve student achievement.
While nothing will give us an ironclad guarantee for success, one
thing is certain, more of the same will guarantee more of the same
failure. And that is exactly what the Hoekstra-Frank amendment gives
us. We all should oppose this amendment.
Mr. HOEKSTRA. Mr. Chairman, I yield 1\1/2\ minutes to my colleague,
the gentleman from Virginia (Mr. Scott).
Mr. SCOTT. Mr. Chairman, I rise in support of the amendment. When we
discuss the issue of testing, I think we have to remember the farmer's
adage, ``You do not fatten the pig by weighing the pig,'' meaning you
do not improve education merely by giving tests. So I support this
amendment for the following reasons:
First, there is already, in current law, provision for adequate
testing. Only 11 States are in compliance with this requirement, and
States spent over $400 million last year alone trying to come into
compliance with the current law involving testing.
Second, the new test requirements in H.R. 1 will cost substantially
more than what we are providing for in the bill. A recent USA Today
article reported, and I quote, ``fulfilling President Bush's proposal
to test every student in grades 3 through 8 could cost States as much
as $7 billion over the next 7 years, the National Association of School
Boards of Education says.''
Mr. Chairman, finally, we need to address the potential inappropriate
use of the tests: By using them to make high-stake decisions to punish
students. Two recent New York Times articles documented that States and
localities are increasingly using tests for purposes for which they are
not designed and making high-stake decisions to punish students based
on one single test. Tests will be given, but there is nothing in H.R. 1
to prohibit inappropriate use of those tests.
For those reasons, Mr. Chairman, I urge my colleagues to support the
amendment.
Mr. HOEKSTRA. Mr. Chairman, I yield 1 minute to the gentleman from
Arizona (Mr. Shadegg).
Mr. SHADEGG. Mr. Chairman, I rise in strong support of the Hoekstra-
Frank amendment. I rise in support of it for at least three major
reasons:
Number one, we already test too much. Federal law mandates three
tests already, and this bill doubles that requirement. I hope my
colleagues understand that. The Hoekstra-Frank amendment simply says we
will continue with the tests that are currently mandated but do not
double the number of tests that are required.
Now, how do I come to that conclusion? Well, my wife is a teacher,
both of my sisters are teachers, and my niece is a teacher, and I have
talked to them about this bill extensively, over and over again, and
not a single one of them says that either they or their peers believe
that teaching will be benefitted by more testing.
As the gentleman from Virginia just pointed out, you do not fatten
the pig by weighing it; you do not improve education by mandating more
tests. Federal law mandates three tests already, and yet only 11 out of
50 States comply with this current demand.
The reality is more mandated Federal tests will take up more time.
The
[[Page H2528]]
courts have already reported on this. There is too much testing at this
point. The President is right, we should have accountability; he was
wrong, we should mandate a doubling of the number of tests.
Mr. BOEHNER. Mr. Chairman, I yield 2 minutes to the gentleman from
California (Mr. McKeon), a subcommittee chairman on the Committee on
Education and the Workforce.
Mr. McKEON. Mr. Chairman, I thank the gentleman for yielding me this
time, and I rise in strong opposition to this amendment offered by the
gentleman from Michigan (Mr. Hoekstra) and the gentleman from
Massachusetts (Mr. Frank) to remove the annual testing provisions in
H.R. 1.
The gentleman who spoke just before me is right, we do test. We test
in the third grade and we test in the eighth grade. But what happens in
those years in between is why the President's proposal for annual
testing is truly the centerpiece of his education reform plan. His
reasoning is very simple. If you do not test, you cannot measure.
I was an animal husbandry student in college, and I learned that they
did weigh hogs before they took them to market. You have to test to
find out how things are doing, and you had to weigh the hogs to find
out if what you were feeding them was appropriate.
With annual testing and appropriate reports to parents and teachers,
problems can be found before it is too late to fix them. In other
words, without assessments, schools cannot be held accountable for
improving student performance. And without assessment information,
parents are powerless to choose a better performing school. With
assessments, there will be improvements in instruction and in learning
by focusing on outputs; year-to-year progress, and student achievement,
instead of inputs, such as dollars, teachers or textbooks.
In closing, I urge all of my colleagues to oppose this amendment, and
instead support our President, and more importantly, the children of
this country.
Mr. HOEKSTRA. Mr. Chairman, I yield 1 minute to the gentlewoman from
Minnesota (Ms. McCollum).
Ms. McCOLLUM. Mr. Chairman, I thank the gentleman for yielding me
this time.
As a mother, I held my children's schools accountable; as a former
teacher, I was held accountable; as a Member of Congress, Minnesotans
hold me accountable. I do support fair, accurate, and reasonable
testing, but I oppose the testing in H.R. 1.
This provision is an unfunded mandate. The funding authorized will
not even begin to cover the cost of current testing. Last year, we had
problems with testing in Minnesota. 336 high school seniors were denied
diplomas on graduation day because of a vendor error. Minnesota expects
a testing program that is accountable and is funded, with control at
the local level.
I oppose any new unfunded mandated testing, and I urge my colleagues
to support this amendment. We can do better for our schools and for our
children.
Mr. HOEKSTRA. Mr. Chairman, how much time is left?
The CHAIRMAN. The gentleman from Michigan (Mr. Hoekstra) has 7
minutes remaining, the gentleman from Ohio (Mr. Boehner) has 2\1/2\
minutes remaining, and the gentleman from California (Mr. George
Miller) has 3\1/4\ minutes remaining.
Mr. HOEKSTRA. Mr. Chairman, I yield 2 minutes to the gentleman from
Maryland (Mr. Gilchrest).
Mr. GILCHREST. Mr. Chairman, I thank the gentleman for yielding me
this time, and I urge my colleagues to vote for the Hoekstra-Frank
amendment.
The portion of the bill that we are debating now represents, in my
judgment, the quintessential example of the principle of unintended
consequences. Teaching to the test has become the norm in many States.
It definitely has become the norm in the State of Maryland.
In a system where high stakes and dollars are involved, this is
almost always the inevitable consequence. We do not want to build on
the current system because the current system of testing our children
is failing. H.R. 1 would buttress a system that is failing, further
erode creativity and diversity in the classroom, it would literally
tenure incompetence, especially in school administrators, eliminate a
professional ethic in the educational field, and enhance vindictive
behavior with people who are working to make their schools look good at
any cost.
We all know tests and assessments are necessary to find out what the
progress is. But for the Federal Government to get into creating a
testing criteria for tests, and then obliquely refer to it as
accountability, is wrong. Teachers receive degrees. They are licensed
to teach in a State. They are professionals. They represent the broad
diversity of the country. Now we summarily assume that the aristocracy
of Washington and the State capitals are smarter and wiser.
The Federal Government endorsing more tests will not make schools
better. They will make them less knowledge-based and turn teachers into
technicians. By encroaching on the ability of individual teachers to be
unique, we show aversion for the independent thinker, and self-reliance
drifts away. Nothing is at last sacred but the integrity of our own
mind.
I encourage my colleagues to vote for the amendment that simply takes
us back to current law.
Mr. BOEHNER. Mr. Chairman, I yield 1 minute to the gentleman from
Georgia (Mr. Isakson), a member of the committee.
Mr. ISAKSON. Mr. Chairman, I thank the gentleman from Ohio for
yielding me this time, and I rise for three reasons:
As a former board chairman for the State of Georgia, who implemented
mandatory testing for diagnosis purposes, and saw the ability to raise
expectations of all children, I oppose this amendment and support the
President's plan.
As one who believes that if we do the same thing over and over and
over again, it is unrealistic to expect any other result, I show my
colleagues this graph. This is $120 billion in 35 years doing the same
thing in title I over and over again. And average reading scores of
title I students remain today where they were years ago, at the lowest
35th percentile.
Do not be fooled by those who oppose this amendment. The heart of the
President's proposal is to hold us accountable for the investment of
our taxpayers' dollars and the achievement of our children. If this
amendment fails, the President's proposal will have failed and we will
continue to do what we have always done and have less than satisfactory
results. I encourage my colleagues to oppose the amendment.
Mr. HOEKSTRA. Mr. Chairman, I yield 2 minutes to the gentleman from
Florida (Mr. Davis).
Mr. DAVIS of Florida. Mr. Chairman, for the last several months I
have gotten an earful from parents, students, and teachers in Florida
who are concerned that standardized educational testing has run amuck
there. Today, on behalf of hundreds of thousands of school children in
Florida, I rise in support of this amendment.
I am not opposed to testing students every year, but I believe the
principal purpose of testing should be diagnostic. Testing should
determine where my third grader is at the beginning of the year and
what he needs to do to get to where he needs to be at the end of the
school year. Testing should tell my child, my wife and I, and the
teacher, what my child's needs are and how to help meet those needs.
I also support accountability. I want to know how my child's schools
are doing in relation to other schools. In the Florida legislature, I
chaired a subcommittee that wrote our accountability law. But
unfortunately, through the FCAT standardized test in Florida, the
governor and the legislature have turned that law on its head and are
using testing as a public relations tool.
Florida already tests reading and math in the third through the tenth
grades. However, teachers, principals, and students receive no
information that helps them identify the needs of children and what
they need to help those children learn. Teachers and students in
Florida are not stupid. They have figured out this testing system does
nothing to help teachers teach and children learn. They have figured
out this is testing designed by the politicians for the politicians.
Teachers set aside their lesson plans and teach the test to help their
schools earn the financial reward and to avoid the stigma of being
graded as a failing school.
[[Page H2529]]
Last week, Florida reached a new inevitable low in testing run amuck.
Two Hernando County middle schools bribed their students by offering up
to $150 each for a high standardized test score. As one of the
principals pointed out, the State is using this same form of bribery
with the schools that the schools are now using with the children. One
of the student recipients of this financial reward said, it may be a
small bribe, but at least it is something for going through the test.
{time} 1445
I disagree completely with Florida's Commissioner of Education who
says that he does not have a problem with this form of bribery. I think
it is wrong, and needs to be stopped now. The standardized testing
situation in Florida is a growing disgrace.
Mr. Chairman, let me close by saying I have repeated these concerns
to the Secretary of Education. This bill should be written to clearly
state the principal purpose of testing should be diagnostic. Until it
does, I urge adoption of the amendment.
Mr. HOEKSTRA. Mr. Chairman, I yield 30 seconds to the gentlewoman
from Florida (Mrs. Thurman).
Mrs. THURMAN. Mr. Chairman, I stand in support of this amendment. I
am a former middle-school math teacher. I started teaching back in the
early 1970s. In 1978, the State of Florida put in an assessment, a
diagnostic test that said we are going to test children at 3rd, 5th,
8th and 10th grade. We are not doing it to test how we are doing
nationally, we are not doing it to test how we are doing from school to
school. We are trying to find out what the individual student knows or
does not know. We started it in October. We did it so that we could
look at the student and find out where his or her weaknesses were, and
to allow those to be taken care of through remediation. Nothing in this
bill does that.
Mr. HOEKSTRA. Mr. Chairman, I yield 30 seconds to the gentleman from
Massachusetts (Mr. Tierney).
Mr. TIERNEY. Mr. Chairman, I thank the gentleman for yielding me this
time.
Mr. Chairman, I stand in favor of this particular amendment. In
Massachusetts we have plenty of testing going on already. This idea by
the President simply raises the quantity of testing, while doing
nothing about the quality. Beyond that, we have the issue of bringing
the testing procedure up to scale. The New York Times articles on
Sunday and Monday indicate that this industry is not ready to produce
the kind of quality tests and have them designed and administered and
corrected in an appropriate way. We need to go back to the drawing
board and make sure that this is done not as a mandate that will not be
funded, but as a way to be actually used as a diagnostic tool for our
children.
Mr. HOEKSTRA. Mr. Chairman, I yield 1 minute to the gentleman from
Indiana (Mr. Souder).
Mr. SOUDER. Mr. Chairman, for six years this Congress has insisted
and held firm that there should be no national test. We have heard it
said that the heart of the President's proposal was to find a national
test. I do not believe this is true. The heart of the President's
proposal is this: Find out what schools were performing, then provide
assistance for two to three years to help them improve. Then if they
did not improve, give the parents and the children the flexibility to
find a school that does improve.
Mr. Chairman, we have taken out the final thing, which was the heart
of the proposal, to give the parents flexibility. Now we say if your
school is failing, you are trapped. Furthermore, there is nothing to
say that the State tests and the local tests are not sufficient to know
whether the schools are accountable.
This amendment says we trust the local teachers, principals, and
school boards. We trust our governors. We do not need a national test
coming out of Washington, which is one national standard that
potentially will reach into every school, into private schools and home
schools.
Mr. Chairman, we heard it is only reading and math. But the truth is
it can go anywhere. It can be anything because once Washington gets
control of this test, we do not know where it is going to go. We will
no longer have the local control that we currently have.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself such
time as I may consume.
Mr. Chairman, what this legislation says is that we shall annually
measure the proficiency of students in the academic subjects in which
States have adopted challenging academic content and student
performance and standards.
We shall try and make a determination of how the students are doing
in meeting that academic standard and content. We are kind of down to
the point where we can make a choice. We can do business as usual, hold
onto the status quo and we can just continue to see a system that has
passed children from grade to grade, not knowing whether or not those
children can read, not knowing whether they can compute, not knowing
whether those children can reason or whether they have mastered the
language arts. Social promotion.
Mr. Chairman, the gentleman from Nebraska (Mr. Osborne), a former
coach, talked about it in his remarks. He found as he looked at his new
recruits, even though they had a diploma and grades, they could not
master the work in college.
We know it from our own school districts. We know it from parents
that have talked to us. I teach in a continuation high school, and I
see children which have been passed through from grade to grade. We
want to stop that. We owe it to those children and parents to stop
that. We owe it to the taxpayers of this Nation to stop that.
As the gentleman from Georgia (Mr. Isakson) said, $120 billion later,
we have not gotten the results that we believe that these children and
their families are entitled to, and we have not gotten the results that
the taxpayers are entitled to, so we have asked for a system of
accountability. We have asked for a system of accountability to
determine how our children are doing so then local districts will have
the ability to target the resources, target the resources of summer
school, target the resources of after-school tutoring and mentoring, to
target the resources of Saturday school so that these children will be
able to get the help that they need.
Mr. Chairman, one of my colleagues said we do not fatten a pig by
weighing them. Yes, one does. One wants to make a determination whether
the pig is being fed the right thing, because pigs are sold by the
pound. If the pig is sick, one wants to know that. That is why that
assessment is made.
People say we test in 8th and 10th grade. In our poor school
districts, if a student falls behind in second or third grade, in all
likelihood they will drown before they can be helped because the
resources are not there.
Mr. Chairman, we want to make an assessment of how these children are
doing. Are they performing at age-appropriate levels and grade-
appropriate levels, are they mastering the subject matter; and we want
to provide the resources to those schools to improve those schools, to
keep them from failing, to turn them around. But we need to have that
assessment.
This is the heart of accountability. One cannot just say they are for
accountability. Someday my colleagues have to step up to the plate and
make that determination.
Let me say in closing, Motorola requires a high school education
before an individual can make application to their corporation. And I
think they turn away about 50 percent of their applicants because they
cannot read or perform at 12th grade levels. We owe better to our
students; and we certainly owe better to the poorest of our students.
Mr. HOEKSTRA. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, I want to clarify some of the perceptions of what has
been said today. But before I do that, I want to thank my colleagues on
the other side of the aisle, in particular the gentleman from
Massachusetts (Mr. Frank), for joining me in bringing this amendment
forward.
Mr. Chairman, the Federal Government put in place a mandate to local
schools and States to implement testing, to be implemented for 2001.
That is this year. We have that mandate in place, and now as local
school districts are implementing that mandate, we are saying we are
not really serious, the $400 million that has been spent, we have moved
the bar and changed the playing field.
[[Page H2530]]
The role of the Federal Government should be to audit the results. We
should not mandate on a yearly basis what will be going on in our local
school districts.
Our local school districts have had enough of unfunded Federal
mandates: IDEA, unfunded. Testing, underfunded. Testing is not yet
ready for prime time.
Mr. Chairman, I encourage my colleagues to support this amendment and
stick with the agreement in the mandate that we put in place for 2001.
Let us not pull the rug out from under that mandate and create a new
mandate.
Mr. BOEHNER. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, Members know we have worked hand in glove across the
aisle since January to produce the bill that we have on the floor
before us today. This is a very good bill. But we have all known at the
essence of it, the core of this bill is to require real accountability
from every school in America that gets Federal dollars.
We have spent $120 billion over the last 35 years, and we have not
gotten results. We have spent $80 billion over the last 10 years in the
heart of the school reform movement and have gotten no results. How
many more hundreds of billions of dollars are we going to spend here in
Washington without asking our schools to give us real results.
What do we say to the lost generation of Americans that we have over
the last 25 years because we passed them through grade after grade,
year after year, and never asked whether they could read or write? Is
that fair? No.
And to my African American colleagues in this Chamber and to my
Hispanic colleagues in this Chamber, and to my colleagues in this
Chamber who represent low-income communities, they should be demanding
more than any of us that we have testing year by year because it is the
students in those schools who get short-changed year after year because
no one knows what is really happening.
Mr. Chairman, I would say to all of my colleagues, it is time to have
accountability. It is time to stand up and show the courage that it
takes to bring real results to our schools and to take our heads out of
the sand and quit ignoring incompetence and quit ignoring the fact that
some of our kids, and too many of them, are not learning.
Mr. DAVIS of Florida. Mr. Chairman, for the last several months, I
have been getting an earful from parents, teachers and students who are
concerned that standardized educational testing in Florida has run
amuck. Today, on behalf of hundreds of thousands of Florida public
school students subjected to these tests, I rise in support of the
Hoekstra/Frank amendment.
I am not opposed to testing our students every year, but I believe
the principle purpose of testing should be diagnostic. Testing should
determine where my child is at the beginning of the school year and
what he needs to work on to get where he should be at the end of that
school year. Testing should tell my child, his teacher, my wife and me
what we need to know to help him improve as a student.
I also support accountability. I want to know how my child's school
is doing in comparison to other schools. In fact, while I served in the
Florida House of Representatives, I chaired the Subcommittee that wrote
Florida's Accountability law. Unfortunately, the Governor has turned
that initial law on its head and is now using testing as a public
relations tool rather than a true measure of students' academic
abilities.
As many of you know, Florida is already testing students in grades
three through eight in reading and math. The Florida Comprehensive
Assessment Test, FCAT, also tests writing in grades four, eight and
ten. Unfortunately, as I stated above, the purpose of the FCAT is to
grade our schools and implement high stakes penalties or rewards based
on their scores, NOT to see where our students need help to boost their
performance.
That's right. Under the FCAT, teachers, principals, parents and
students get no information from the test identifying the needs of
individual students and how to help them improve.
Teachers and students in Florida aren't stupid. They have figured out
this testing system does not help teachers teach or students learn. It
is, instead, testing by the politicians, for the politicians with an
end result of pitting school against school.
In response, teachers set aside their lesson plans and teach to the
test to help their school earn a high test score in hopes of earning
financial rewards and avoiding the stigma of being labeled a failing
school.
As a result, last week in Florida, we reached the inevitable new low
in testing run amuck. In Hernando County, Florida, two middle schools
are paying kids for good scores on the FCAT. That's right. These
schools are bribing their students with up to $150 for high scores on
the reading, math or writing portions of the FCAT. Again, the FCAT is
not designed to help students. Because the test does not motivate
students to learn, these schools feel they have no alternative but to
use financial rewards to encourage students to do well on the FCATs.
The Principal of one of these middle schools pointed out that the State
is using this same type of bribe to help the schools perform better on
the tests, and the school has merely passed that bribe on to its
students. As this Principal asked the Governor, ``What's the
difference?''
One of the student recipients of a monetary reward said the
following, ``I thought it was pretty good. It's a little bribe. That
way, it's not just a pain-in-the-butt test, you actually have
something.''
The reaction of Florida's Commissioner of Education to the bribe was,
``. . . I don't have a problem with it. . . . It's legal, it's not
unethical. . . .''
Well, I disagree completely with the Commissioner. The last time I
checked, bribery was illegal. This is wrong, and it should be halted
now.
The standardized testing situation in Florida is a growing disgrace.
If we allow it to continue and spread to other states, it will be a
national disgrace for which this Congress will be responsible. Worse
yet, by allowing standardized testing to run amuck, we will only
aggravate the increasing teacher shortage that is currently plaguing
our schools. Over the next decade our nation's schools will lose more
than 65 percent of their teaching faculty. This percentage can only
increase if we do not address these testing problems.
I have repeatedly expressed my concerns that the principal purpose of
testing should be diagnostic to the Secretary of Education and the
President's Chief Advisor on his education proposal. Both of them told
me that they agreed with me.
This bill must be rewritten to clearly state that the principal
purpose of standardized testing should be diagnostic--to help teachers
teach and children learn. Because this bill is silent on this point, I
urge my colleagues to support the Hoekstra/Frank Amendment.
Mr. BAIRD. Mr. Chairman, I rise today to express a number of serious
reservations about the testing provisions of HR 1.
I commend the committee chair, the ranking member, and all those who
have worked in a truly bipartisan basis to bring this legislation to
the floor today, but I am afraid that some provisions of the bill as
written have the potential to harm, rather than improve, our
educational system.
The problem to which I am referring is the mandate for annual
testing. I know that many of those who support annual testing do so
because they believe we must set high standards in order to motivate
our students, faculty, and administrators to achieve. I strongly agree
with that goal, but I also disagree with how this legislation seeks to
accomplish it.
As a licensed clinical psychologist before coming to Congress, I may
bring a unique perspective to this debate. In addition to
administering, scoring and interpreting hundreds of tests in my own
professional career, I also taught graduate level courses dealing with
the design, uses, and potential abuses of tests and test results. So I
know something about the matter of testing.
Based on that experience, and a careful reading of this legislation,
let me raise the following concerns:
First, this legislation represents an enormous unfunded mandate with
absolutely no information provided regarding the cost of implementation
or the benefits as compared to other options. I find it surprising that
those who so often complain about unfunded federal mandates and
bureaucracy elsewhere in our government so enthusiastically support
legislation that even by a conservative estimate will require hundreds
of millions of dollars of expenditures every year. It is true that this
legislation authorizes money to help states design their testing, but
the legislation before us includes nothing to fund the actual annual
testing that it requires.
Since there is no money in this bill or in the budget to fund the
testing process itself, we must ask ourselves how those costs will be
borne by our states and local school districts. How many teachers or
teachers aides could be paid for with the money to be spent on testing?
What level of school repair or numbers of textbooks will go unrenewed
because of the money spent on testing? How might those alternative
expenditures benefit students more than the money to be spent on
testing? And, finally, what is the opportunity cost to our system as
teachers and students spend time and resources preparing for the tests
rather than engaging in other valuable educational activities?
[[Page H2531]]
Secondly, while the legislation purports to require standards, it is
clear that there really is no consistent or common standard required.
In fact, by leaving the proposed achievement standards up to the
states, albeit with some level of federal review, it is quite possible
that schools in some states will meet their internal standards while
others will fail, but the standards that are met may be entirely
different from state to state. This leaves open the possibility that
federal dollars will be restricted from some schools where there is
actually higher achievement but given to others where achievement is
lower but the state standards are also lower. As I read this
legislation, there will be every incentive for schools to set low
standards on their tests in order to meet the federal requirements and
not lose funding. Isn't this precisely what the authors of the
legislation hoped to avoid? And isn't the alternative--the micro-
management of state testing by the federal government--equally
undesirable?
Third, an additional problem with the standards referred to in the
bill is that it seems to be legislating the so-called Lake Wobegon
effect, in which all the students are above average. The legislation
requires all students to meet or exceed the ``State's proficient level
of academic performance.'' But the legislation apparently fails to
recognize that proficiency standards can be set in several ways. For
example, a standard could be a bare minimum level of competency, or it
could be a level set by the average student of a given grade. If the
average level of proficiency is taken as the standard, by definition of
average, not all students can meet that level. Conversely, if
proficiency is to be set at a relatively high level, which it should be
if the term ``proficient'' is to mean anything important, then we can
expect that the natural variations in student skills and development
will leave many students coming close to, but not reaching full
proficiency.
Like it or not, Congress cannot legislate the repeal of the laws of
statistics, and the normal distribution of abilities will be with us
regardless of how appealing a law may sound on the surface. This
fundamental ambiguity alone should be reason enough to withhold the
testing requirement until we have clear answers to the question of what
exactly is meant by the requirement of the legislation.
Fourth, even if the questions addressed above could be answered, the
logic of using annual testing to evaluate school performance and
compare districts is severely flawed. In my Congressional district some
districts have turnover rates higher than 40% per year. In many
districts there are literally dozens of different non-English languages
spoken in the homes. Still other districts have not passed funding
levys in years. How can any comparison between these schools and
schools with more homogenous or stable populations of students or with
greater funding resources be meaningful? And how can the yearly
progress or lack of progress of a school be meaningful if 40% of the
students turnover every year?
One of the most important lessons I used to teach my graduate
students was this--tests, per se, cannot be said to be valid or invalid
in and of themselves. Rather, validity is a relative term whose meaning
depends on the usage to be made of the test. The point made here is
that there will be inherent limitations on the meaning of the scores
across schools or across years. In other words, tests of individual
student achievement may be designed to fairly and accurately assess the
achievements of those individual students and to monitor individual
student progress, but use of aggregate data to determine overall
educational efficacy of a school, in the face of the other variables
that influence aggregate scores, is not a valid use. It would not be
unlike mixing together the blood samples from many different patients
to measure average health. The mixing of samples defeats the purpose
and vitiates the meaning of the findings.
As many of the students I have taught will attest, I believe with all
my heart in setting high standards for students and faculty and then
providing the resources and opportunities to help them succeed. I also
believe that when standards are not met, there should be consequences.
But the testing provision in the legislation before us today, however
positive its intent, proposes the wrong solution to the right problem.
It will be tremendously costly to local schools to implement, it
provides no funding for the annual testing itself, it offers a false
premise as a basis for comparing schools and allocating funding, it
includes inherent ambiguities in meaning that will produce unintended
and paradoxical consequences, and it may well impede rather than
enhance the ability of teachers and schools to help students achieve
our overall educational goals.
Mrs. THURMAN. Mr. Chairman, as a math teacher in Dunnellon, Florida
when the State of Florida mandated the state assessment tests, I
started the first remediation classes for math at the High School. The
diagnostic testing that was performed allowed educators to address the
weaknesses of students before they progress to a higher grade.
Recently, I was at a wedding where one of the students who was in my
program came up to me and said that he would not have passed math
without the remedial work I did with him.
Mr. Chairman I share this story with the House because it is critical
that testing be used as a diagnostic process to help students in areas
where they are underperforming and not just to collect statistics.
Mr. Chairman, we hear constantly about the federal government getting
too heavily involved in state matters. I believe this is a priority we
should leave to the states. I also wonder why we are using federal
money to duplicate programs already being performed by the states when
we should be using the Federal dollars to reduce the class size for our
children.
Mr. MORAN of Kansas. Mr. Chairman, I support Representative
Hoekstra's amendment. The federal government's role in education should
be to support proven state and local reform efforts rather than create
additional requirements for our local schools. By mandating new testing
requirements on every child, every year from grades 3 through 8, this
plan will take teachers and students out of class; take dollars out of
state and local education budgets; and undermine successful reform
efforts already under way in states like my own.
In Kansas, state assessments already take students away from the
classroom 6 to 7 days per year. If the assessment provisions pass as
proposed, Kansas would have to add 10 new assessments. As a result,
Kansas would be administering 21 assessments on an annual basis. H.R. 1
means even more time testing and less time learning.
These new federal mandates are too expensive at a time when education
budgets are already stretched paper-thin. In Kansas, the cost of
administering state tests would rise from approximately $1.7 million to
$9 million. Before the federal government starts tacking on expensive
new requirements, it should work to fully fund existing mandates such
as special education.
Requiring more tests, will interfere with a 10-year educational
improvement effort already under way in Kansas. Kansans have
established a system that accurately measures yearly progress of our
state, our schools, and our students. Our system holds schools
accountable and provides reports to parents. Under H.R. 1's testing
requirements, not only will states be required to develop new
assessments, but local school districts will have to redesign their
curriculums to meet the new assessments. The bottom line: Kansas is
making progress, and we should not be forced to abandon a program that
is working.
Reform initiatives should come from the parents, teachers and local
boards of education, and not be imposed by the federal government in a
one-size-fits-all manner. I remain committed in my belief that the
educational needs of a community are best known by that community. I
urge my colleagues to support this amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Michigan (Mr. Hoekstra).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Recorded Vote
Mr. HOEKSTRA. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The CHAIRMAN. The Chair announces that, pursuant to clause 6 of rule
XVIII, proceedings will resume on amendment No. 3 offered by the
gentlewoman from Washington (Ms. Dunn) immediately after this vote and
that a vote on amendment No. 3, if ordered, will be reduced to 5
minutes.
The vote was taken by electronic device, and there were--ayes 173,
noes 255, not voting 5, as follows:
[Roll No. 130]
AYES--173
Ackerman
Akin
Baca
Baird
Baldwin
Barcia
Barrett
Bartlett
Barton
Becerra
Bereuter
Berkley
Berry
Bilirakis
Blagojevich
Blumenauer
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Cantor
Capuano
Chabot
Clay
Clayton
Clyburn
Coble
Conyers
Costello
Coyne
Cummings
Davis (FL)
Davis (IL)
Davis, Jo Ann
DeFazio
Delahunt
DeLauro
Doolittle
Doyle
Duncan
Evans
Farr
Fattah
Filner
Flake
Frank
Frost
Ganske
Gephardt
Gilchrest
Gilman
Gonzalez
Goode
Graham
Green (TX)
Gutierrez
Gutknecht
Hastings (FL)
Hefley
Hill
Hilliard
Hinojosa
Hoekstra
Holden
Honda
Hostettler
Hyde
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kaptur
Kennedy (MN)
Kerns
Kilpatrick
Kleczka
LaFalce
Langevin
[[Page H2532]]
Larson (CT)
Lee
Lewis (GA)
Lowey
Lucas (OK)
Luther
Manzullo
Markey
Matsui
McCarthy (MO)
McCollum
McDermott
McGovern
McKinney
Meek (FL)
Meeks (NY)
Menendez
Mink
Mollohan
Moran (KS)
Murtha
Myrick
Napolitano
Neal
Ney
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pence
Peterson (MN)
Phelps
Pickering
Pitts
Pombo
Ramstad
Rangel
Reyes
Riley
Rivers
Rodriguez
Ross
Rothman
Roybal-Allard
Ryan (WI)
Ryun (KS)
Sabo
Sanchez
Sanders
Sawyer
Scarborough
Schaffer
Schakowsky
Scott
Sensenbrenner
Shadegg
Sherman
Smith (MI)
Solis
Souder
Stearns
Strickland
Stupak
Tancredo
Terry
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Toomey
Towns
Velazquez
Vitter
Waters
Watt (NC)
Waxman
Weiner
Weldon (FL)
Wexler
Woolsey
Wu
NOES--255
Aderholt
Allen
Andrews
Armey
Bachus
Baker
Baldacci
Ballenger
Barr
Bass
Bentsen
Berman
Biggert
Bishop
Blunt
Boehlert
Boehner
Bonilla
Bono
Brady (TX)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Capito
Capps
Cardin
Carson (IN)
Carson (OK)
Castle
Chambliss
Clement
Collins
Combest
Condit
Cooksey
Cox
Cramer
Crane
Crenshaw
Crowley
Culberson
Cunningham
Davis (CA)
Davis, Tom
Deal
DeGette
DeLay
DeMint
Deutsch
Diaz-Balart
Dicks
Dingell
Doggett
Dooley
Dreier
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Everett
Ferguson
Fletcher
Foley
Ford
Fossella
Frelinghuysen
Gallegly
Gekas
Gibbons
Gillmor
Goodlatte
Gordon
Goss
Granger
Graves
Green (WI)
Greenwood
Grucci
Hall (OH)
Hall (TX)
Harman
Hart
Hastert
Hastings (WA)
Hayes
Hayworth
Herger
Hilleary
Hinchey
Hobson
Hoeffel
Holt
Hooley
Horn
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Inslee
Isakson
Israel
Issa
Jenkins
John
Johnson (CT)
Johnson (IL)
Kanjorski
Keller
Kelly
Kennedy (RI)
Kildee
Kind (WI)
King (NY)
Kingston
Kirk
Knollenberg
Kolbe
Kucinich
LaHood
Lampson
Lantos
Largent
Larsen (WA)
Latham
LaTourette
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lucas (KY)
Maloney (CT)
Maloney (NY)
Mascara
Matheson
McCarthy (NY)
McCrery
McHugh
McInnis
McIntyre
McKeon
McNulty
Meehan
Mica
Millender-McDonald
Miller (FL)
Miller, Gary
Miller, George
Moore
Moran (VA)
Morella
Nadler
Nethercutt
Northup
Norwood
Nussle
Osborne
Ose
Otter
Oxley
Pelosi
Peterson (PA)
Petri
Platts
Pomeroy
Portman
Price (NC)
Pryce (OH)
Putnam
Quinn
Radanovich
Rahall
Regula
Rehberg
Reynolds
Roemer
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Rush
Sandlin
Saxton
Schiff
Schrock
Serrano
Sessions
Shaw
Shays
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Spence
Spratt
Stark
Stenholm
Stump
Sununu
Sweeney
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thune
Tiahrt
Tiberi
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Visclosky
Walden
Walsh
Wamp
Watkins
Watts (OK)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wolf
Wynn
Young (AK)
Young (FL)
NOT VOTING--5
Abercrombie
Cubin
Hansen
Moakley
Rogers (KY)
{time} 1518
Messrs. KIRK, HUNTER and MALONEY of Connecticut changed their vote
from ``aye'' to ``no.''
Messrs. HILLIARD, KERNS, BLAGOJEVICH, CONYERS, PICKERING, BARTLETT of
Maryland and BARCIA, and Ms. McKINNEY changed their vote from ``no'' to
``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment No. 3 Offered by Ms. Dunn
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentlewoman from Washington (Ms. Dunn)
on which further proceedings were postponed and on which the ayes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 420,
noes 3, not voting 9, as follows:
[Roll No. 131]
AYES--420
Ackerman
Aderholt
Akin
Allen
Andrews
Armey
Baca
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett
Bartlett
Barton
Bass
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop
Blagojevich
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Carson (IN)
Carson (OK)
Castle
Chabot
Chambliss
Clay
Clayton
Clement
Clyburn
Coble
Collins
Combest
Condit
Conyers
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crenshaw
Crowley
Culberson
Cummings
Cunningham
Davis (CA)
Davis (FL)
Davis (IL)
Davis, Jo Ann
Davis, Tom
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dicks
Dingell
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Ferguson
Filner
Flake
Fletcher
Foley
Fossella
Frank
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Gordon
Goss
Graham
Graves
Green (TX)
Green (WI)
Greenwood
Grucci
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Harman
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill
Hillary
Hilliard
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Honda
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inslee
Isakson
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kerns
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kingston
Kirk
Kleczka
Knollenberg
Kolbe
Kucinich
LaFalce
LaHood
Lampson
Langevin
Lantos
Largent
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDermott
McGovern
McHugh
McInnis
McIntyre
McKeon
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Millender-McDonald
Miller (FL)
Miller, Gary
Miller, George
Mink
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Ose
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Pence
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Platts
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Putnam
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reyes
Reynolds
Riley
Rivers
Roemer
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roukema
Roybal-Allard
Royce
Rush
Ryan (WI)
Ryun (KS)
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Saxton
Scarborough
Schakowsky
Schiff
Schrock
Scott
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Spence
Spratt
Stark
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
[[Page H2533]]
Tiahrt
Tiberi
Tierney
Toomey
Towns
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Visclosky
Vitter
Walden
Walsh
Wamp
Waters
Watkins
Watt (NC)
Watts (OK)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)
NOES--3
Johnson, Sam
Schaffer
Souder
NOT VOTING--9
Abercrombie
Cubin
Ford
Granger
Hansen
Moakley
Peterson (MN)
Rodriguez
Rogers (KY)
{time} 1527
So the amendment was agreed to.
The result of the vote was announced as above recorded.
The CHAIRMAN. It is now in order to consider amendment No. 7 printed
in House Report 107-69.
{time} 1530
Amendment No. 7 Offered by Mr. Dooley of California
Mr. DOOLEY of California. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 7 offered by Mr. Dooley of California:
In section 1111(h)(1)(D) of the Elementary and Secondary
Education Act of 1965, as amended by section 104 of the bill,
after clause (i), insert the following (and redesignate
subsequent provisions accordingly):
``(ii) information that provides a comparison between the
actual achievement levels of each group of students described
in subclauses (I) and (II) of subsection (b)(2)(C) to the
State's annual numerical objectives for each such group of
students on each of the assessments required under this part;
In section 1111(h)(1)(D) of the Elementary and Secondary
Act of 1965, as amended by section 104 of the bill--
(1) after clause (v), strike ``and'';
(2) at the end of clause (vi), strike the period and insert
``; and''; and
(3) add at the end the following:
``(viii) a clear and concise description of the State's
accountability system, including: a description of the
criteria by which the State evaluates school performance, and
the criteria that the State has established, consistent with
(b)(2)(B), to determine the status of schools regarding
school improvement, corrective action, and reconstitution.''.
The CHAIRMAN. Pursuant to House Resolution 143, the gentleman from
California (Mr. Dooley) and a Member opposed will each control 5
minutes.
Mr. BOEHNER. Mr. Chairman, I ask unanimous consent, although I do not
oppose the amendment, to claim the time in opposition.
The CHAIRMAN. Is there objection to the request of the gentleman from
Ohio?
There was no objection.
The CHAIRMAN. The Chair recognizes the gentleman from California (Mr.
Dooley).
Mr. DOOLEY of California. Mr. Chairman, I yield myself such time as I
may consume.
First off, I want to compliment the gentleman from Ohio (Chairman
Boehner), the gentleman from California (Mr. George Miller), the
gentleman from Michigan (Mr. Kildee), and the gentleman from Indiana
(Mr. Roemer) for the terrific work they have done in putting together
what is truly a bipartisan education reform bill.
I represent a region of California, the Central Valley, which is one
of the most low-income areas of the Nation, an area populated by a lot
of farmworker families. It is these children that this bill has the
greatest promise of helping, because it is important for us to have our
schools ensuring that they are providing the academic programs that are
ensuring that these students are going to have the skills that allow
them to compete and win in our economy and our society today.
Mr. Chairman, this legislation holds a promise, by providing for
greater accountability, to really empower communities, families,
students, as well as schools, to really be able to understand what they
need to be doing in order to improve the programs they are providing to
enrich the academic performance of their schools.
What is also important for us, and that is the crux of this
amendment, is that we ensure that that information that we are
gathering, through this accountability process, will be easily
understood by parents, teachers, as well as the community.
The thrust of this legislation is really truth in accountability. We
need to be able to assure that we can provide this data and this
information in a manner which really can be utilized and understood by
the families so that they can understand what they have to do to see
how they can improve the schools, how they can ensure that they are
working together as partners with our teachers and schools.
In many ways, this amendment can also be viewed as a sunshine
amendment by ensuring once again that when we ask schools to adopt
these accountability standards, that they are providing this
information in a manner which is easily understood.
This amendment I think will go a long way to ensure that the thrust
and the focus of this legislation, which is to provide greater academic
performance in our schools through this greater accountability, that
will make sure we can translate this information in a way that will
empower parents to have a better understanding of what needs to be done
and how their school is actually performing.
Mr. Chairman, I ask all my colleagues to support this.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Indiana (Mr. Roemer).
Mr. ROEMER. Mr. Chairman, I thank the gentleman for yielding time to
me.
First of all, I want to thank my dear friend, the gentleman from
California (Mr. Dooley), for all his hard work on the education bill,
but also in helping the New Democrats up to 2 years ago formulate
policy and position and substance on accountability and flexibility and
resources to help these children.
I know the gentleman, with his district and State, is greatly
concerned about this for all his students and for his Hispanic
population. I just want to thank the gentleman for all his hard work on
the education issue. The New Democrats, as he knows, came out with a
bill with Senator Lieberman and Senator Bayh a couple of years ago. I
think the President saw that bill, saw a good bill, and decided to
campaign on it. That is basically the heart and soul of much of the
bipartisanship that we form today.
I want to thank the gentleman for his work from the New Democratic
position, and as we work through this bill on the floor and into
conference, that we continue to work on many of the things that the New
Democrats have seen as vital to reforming education with new ideas
since almost 2\1/2\ years ago.
I thank the gentleman for his hard work and for his amendment here
today. I encourage support for the amendment.
Mr. DOOLEY of California. Mr. Chairman, I reserve the balance of my
time.
Mr. BOEHNER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, let me congratulate my good friend, the gentleman from
California (Mr. Dooley). He and I have sat on the Committee on
Agriculture for the last 10 years and worked very closely on
agricultural policy and trade policy, as well.
The amendment that he brings forward I think is helpful to the bill,
because I think the amendment empowers parents. It gives them
information that explains in concise terms the academic accountability
system used by the State and the progress in reaching the numeric goals
for each of our students.
In order to be effective and credible, accountability systems must be
easily understood by parents and educators, and I think this amendment
will help ensure that that happens.
Mr. POMEROY. Mr. Chairman, will the gentleman yield?
Mr. BOEHNER. I yield to the gentleman from North Dakota.
Mr. POMEROY. Mr. Chairman, I thank the gentleman for yielding, and
for working with us on this matter.
The matter I would like to address in this colloquy involves section
117 of the Carl D. Perkins Act. This section authorizes funding for
tribally controlled postsecondary, vocational, and technical
institutions.
Under prior law and regulation, the funds under this program were
awarded to institutions not authorized to receive assistance under the
Tribally Controlled College or University Assistance Act, or the Navajo
Community College Act.
[[Page H2534]]
As such, these funds are critical to the support of two institutions
that have for many years provided training consistent with the act and
are urgently needed by the students of these schools.
However, the Department of Education has indicated changes in the
1998 Perkins Act amendments modified the eligibility criteria for these
funds. This poses a direct threat to the ongoing viability of these two
schools.
It was not the intent of Congress to alter the eligibility for
section 117 funding. It was not the intent of Congress to cause an end
to these schools. Therefore, a legislative clarification is necessary.
Mr. Chairman, if, as we expect, this issue arises in conference, I
ask for Members' support to restore the intended eligibility
requirement for this program.
Mr. BOEHNER. Mr. Chairman, I thank my colleague for bringing this
crucial issue to my attention. I recognize the importance of this
program for those institutions that have received funds under section
117.
During conference negotiations with the Senate, I will work with my
colleagues to restore eligibility for funding under section 117 of the
Perkins Act to its original purpose.
Mr. McKEON. Mr. Chairman, will the gentleman yield?
Mr. BOEHNER. I yield to the gentleman from California.
Mr. McKEON. Mr. Chairman, as the chairman of the Subcommittee on 21st
Century Competitiveness, which has authority over the Perkins Act, I,
too, want to express my support for restoring section 117 of the act to
its original purpose. I understand the importance of these funds to
these schools and appreciate the gentleman bringing it to our
attention.
Mr. UDALL of New Mexico. Mr. Chairman, will the gentleman yield?
Mr. BOEHNER. I am happy to yield to the gentleman from New Mexico.
Mr. UDALL of New Mexico. Mr. Chairman, I thank the gentleman from
Ohio (Chairman Boehner) and the subcommittee chairman, the gentleman
from California (Mr. McKeon), for their comments and commitment to work
to address this issue.
Additionally, I would like to point out that the American Indian
Higher Education Consortium, which represents 32 tribal colleges and
universities, worked closely with Congress to create the program under
section 117 to ensure a source of core operational funding for
vocational educational opportunities.
Dr. Jim Shanley, President of the American Indian Higher Education
Consortium, has sent a letter in support of this effort. I appreciate
the Chairman's cooperation during negotiations with the Senate.
Mr. KILDEE. Mr. Chairman, will the gentleman yield?
Mr. BOEHNER. I yield to the gentleman from Michigan.
Mr. KILDEE. Mr. Chairman, I thank the gentleman for yielding to me.
I would like to echo the comments of the gentleman from Ohio
(Chairman Boehner) regarding this program. Congress did not intend to
make eligibility changes in section 117 of the Carl Perkins Act. I will
work with my colleagues to address this issue in conference.
Mr. BOEHNER. Mr. Chairman, I yield the balance of my time to my
colleague, the gentleman from Delaware (Mr. Castle).
Mr. CASTLE. Mr. Chairman, I thank the gentleman for yielding time to
me.
Mr. Chairman, I think this is an excellent amendment. I think it is
important that we understand that this whole legislation and what we do
at the Federal Government is basically aimed at helping children who
are having problems, who are disadvantaged in some way or another.
By disaggregating this information, as this amendment does, we really
do that. By making it simpler, as this amendment does, we make sure the
parents, schools, and students themselves understand exactly what is
expected, what they have achieved, and where we are going in the
direction of education. That is what it is all about.
Having a rising tide will help all children. I think this amendment
does it. I compliment the sponsor of it.
Mr. DOOLEY of California. Mr. Chairman, I yield such time as he may
consume to the gentleman from Rhode Island (Mr. Kennedy).
Mr. KENNEDY of Rhode Island. Mr. Chairman, I thank the gentleman from
California for his amendment and applaud him for his efforts. It is an
important addition to this bill.
I would also like to commend the chairman and ranking member of the
Committee on Education and the Workforce on this landmark legislation.
I had intended to offer an amendment that would have helped ensure
that children arrive at school with all the tools that they need for
success. I will instead engage the gentleman from Ohio (Chairman
Boehner) and the ranking member, the gentleman from Michigan (Mr.
Kildee), in a colloquy.
On the basis of a growing body of scientific study, there is an
increasing recognition that the foundations for learning are laid in a
child's earliest years. Both the President's proposal and the
bipartisan bill crafted by the committee took notice of this knowledge
in providing for the Early Reading First Initiative to help the
development of literacy skills in pre-school age children.
My amendment would compliment the Early Reading First Initiative by
promoting young children's emotional and social development, as well as
their literacy skills, so they will be prepared for success when they
begin school.
This approach was recommended by the National Academy of Sciences,
and also urged by kindergarten teachers. It is a proven method to
reduce special education placements, grade retention, juvenile arrests,
and school dropouts.
The CHAIRMAN. The time of the gentleman from California (Mr. Dooley)
has expired.
Mr. KENNEDY of Rhode Island. Mr. Chairman, I ask unanimous consent
for 1 additional minute.
The CHAIRMAN. That request must be for equal time on both sides.
Mr. BOEHNER. Mr. Chairman, I ask unanimous consent that we have 10
additional minutes on this amendment, equally split between both sides.
The CHAIRMAN. Is there objection to the request of the gentleman from
Ohio?
There was no objection.
Mr. KENNEDY of Rhode Island. Mr. Chairman, will the gentleman yield?
Mr. DOOLEY of California. I yield to the gentleman from Rhode Island.
Mr. KENNEDY of Rhode Island. Mr. Chairman, I thank the gentleman for
yielding to me.
Mr. Chairman, this is part of a strategy to improve test scores and
academic achievement. It has been proven to work. I know the chairman
and ranking member of the Committee share my commitment to ensuring
that children enter school with all the tools they need. Their
dedication to the educational needs of our youth is evidenced by their
hard work on this bill.
I would ask if the gentleman from Ohio (Chairman Boehner) would be
willing to work with me in conference to address the goals of this
amendment in the final legislation.
Mr. BOEHNER. Mr. Chairman, will the gentleman yield?
Mr. DOOLEY of California. I yield to the gentleman from Ohio.
Mr. BOEHNER. Mr. Chairman, I thank the gentleman from Rhode Island
for his kind words.
Congress has a history of supporting programs that promote school
readiness for young children. In the 105th Congress, we reformed the
Head Start program to ensure better school readiness programs for pre-
schoolers.
We have the Individuals with Disabilities Education Act part C
program that provides early intervention services for infants and
toddlers with disabilities. Just last year we created a new program for
children ages 0 through 6, or I guess one day through 6, called Early
Learning that addresses these same issues.
I support the goal of this amendment, helping children to be fully
ready to enter elementary school and ready to learn. I believe we can
best achieve this goal by working within existing programs and systems.
We should encourage providers in the existing programs to address all
aspects of school readiness.
I want to thank the gentleman from Rhode Island (Mr. Kennedy) for his
thoughtful addition to this debate. I would be happy to work with him
to help achieve this goal.
[[Page H2535]]
Mr. KILDEE. Mr. Chairman, will the gentleman yield?
Mr. DOOLEY of California. I yield to the gentleman from Michigan.
Mr. KILDEE. Mr. Chairman, I have spoken with the gentleman from Rhode
Island about this amendment. I think we should work to address this
issue in conference, Mr. Chairman. It is sound policy to help put at-
risk children on a healthy trajectory earlier in their lives. Helping
families and communities build children's emotional skills in the early
years will lead to increased academic achievement.
This amendment is a strong proposal to do just that, and I will
support the efforts of the gentleman from Rhode Island (Mr. Kennedy) to
address this issue in conference.
Mr. KENNEDY of Rhode Island. Mr. Chairman, If the gentleman from
California will continue to yield, I thank the gentleman from Michigan.
Mr. DOOLEY of California. Mr. Chairman, I yield myself such time as I
may consume.
In closing, I urge all my colleagues to support this amendment. Once
again, I want to compliment the gentleman from Ohio (Chairman Boehner)
and the gentleman from California (Mr. George Miller) for their
terrific work on this legislation.
Mr. Chairman, I yield back the balance of my time.
Mr. BOEHNER. I urge my colleagues to support the amendment, and I
yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. Dooley).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 8 printed
in House Report 107-69.
{time} 1545
Amendment No. 8 Offered by Mr. Vitter
Mr. VITTER. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 8 offered by Mr. Vitter:
In part E of title VIII of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section
801 of the bill, after section 8519, insert the following
(and redesignate succeeding paragraphs, and any cross-
references thereto, accordingly):
``SEC. 8520. ARMED SERVICES RECRUITING.
``Any secondary school that receives Federal funds under
this Act shall permit regular United States Armed Services
recruitment activities on school grounds, in a manner
reasonably accessible to all students of such school.
The CHAIRMAN. Pursuant to House Resolution 143, the gentleman from
Louisiana (Mr. Vitter) and a Member opposed each will control 5
minutes.
Mr. GEORGE MILLER of California. Mr. Chairman, I ask unanimous
consent to claim the time in opposition.
The CHAIRMAN. Is there objection to the request of the gentleman from
California (Mr. George Miller)?
There was no objection.
The CHAIRMAN. The Chair recognizes the gentleman from Louisiana (Mr.
Vitter).
Mr. VITTER. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, I rise today to speak in favor of the Vitter-Sessions
amendment to H.R. 1. This amendment will prevent discrimination against
armed services recruiters and will simply offer them fair access to
secondary schools that accept Federal funding.
Mr. Chairman, top Department of Defense manpower officials, as well
as the actual military recruiters on the ground, in the trenches, if
you will, face daunting challenges in beefing up our military with
good, new, young recruits. That is particularly true in a flourishing
economy.
What I find truly dismaying and alarming, however, is that the
Pentagon estimates there are some 2,000 schools nationally that
actually have policies banning recruiters from their campuses.
Should we discriminate against our national interests of a strong
armed services by restricting which youth have access to choose a
career in the U.S. military?
Recruiters have stated that in many cases they have been denied
access simply and solely because of school administrators' own personal
antimilitary bias or lack of familiarity with the positive aspects of
military service.
What is going on clearly, Mr. Chairman, is pure, old-fashioned bad
political correctness and antimilitary ideology being shoved down the
throats of our young people.
This amendment simply states that secondary educational institutions
that receive Federal funding must allow the same Armed Forces that are
sworn to protect and defend the lives of students and teachers access
to students in those educational institutions, just like college
recruiters, university recruiters, and employment recruiters are given
access on those campuses.
Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself such
time as I may consume.
Mr. Chairman, I know of no real opposition to this amendment. There
are some who obviously think that this is a decision school boards
ought to be making. They are elected by the people in the community; if
that is the view of the people in the communities, then maybe they
ought to reflect that. But I know of no real opposition here.
Mr. Chairman, I yield back the balance of my time.
Mr. VITTER. Mr. Chairman, I yield 2 minutes to the gentleman from
Texas (Mr. Sessions).
Mr. SESSIONS. Mr. Chairman, I thank the gentleman from Louisiana (Mr.
Vitter) for yielding me the time.
This Vitter-Sessions amendment is very important for the Armed Forces
of this country. We have heard today how school boards all across this
country and up to 2,000 schools nationally have banned military
recruiters from coming on their campus.
It is of the utmost importance that the American military have the
opportunity to not only come and tell their story about the military,
but also to attract some of the brightest and best of our young people.
Mr. Chairman, see, many times there are people who have no other
opportunities, whether it be college or other directions, and the
military stands as a fabulous, not only career, but an opportunity for
public service that young men and young women all across our country,
and they might not have that opportunity simply because a school board
or a school superintendent or principal might have a bias against the
military.
I was on the U.S.S. John C. Stennis, which is one of our largest
aircraft carriers, just a few weeks ago and spoke with person after
person, young persons from all across this country, and many of them
expressed to me that the vision and idea that they had not only about
serving our Nation came from a member of the military who visited their
campus, but also from a loved one who perhaps served in the military.
Mr. Chairman, I will tell my colleagues this amendment to H.R. 1 of
allowing the military the opportunity to recruit on school campuses all
across America is not only in the best interests of America, but it is
in the best interests of every one of our students.
Mr. Chairman, I thank the gentleman from Louisiana (Mr. Vitter) for
his leadership.
Mr. VITTER. Mr. Chairman, I yield 30 seconds to the gentleman from
Illinois (Mr. Shimkus).
Mr. SHIMKUS. Mr. Chairman, I want to thank the gentleman from
California (Mr. George Miller) for his kind words.
Earlier today we debated the World War II memorial and remembered
those who served. For schools to accurately depict history, they have
to talk about those who served.
Serving in the military is honorable. Military service increases
self-esteem, discipline, devotion to duty, selfless service, and love
of country. That is not too bad. No recruiters; no money.
Let us open the door to those who serve our young men and women and
allow them to serve this great Nation. We, as a Nation, will not be
disappointed.
Mr. VITTER. Mr. Chairman, I yield 30 seconds to the gentleman from
North Carolina (Mr. Hayes).
Mr. HAYES. Mr. Chairman, I enthusiastically support the Vitter-
Sessions amendment. It is hard to believe that recruiters do not have
access to our young men and women, but this is an opportunity for
character education.
It is an opportunity for national security. This brings to our
schools, through ROTC, character, honesty, integrity, core values of
the military. I
[[Page H2536]]
appreciate the gentleman bringing this to our attention, and I strongly
support the Vitter-Sessions amendment and recommend my colleagues do
the same.
Mr. DeFAZIO. Mr. Chairman, I intend to vote against the Vitter
amendment not because I personally believe military recruiters should
be excluded from school grounds but because I strongly support the
ability of local communities to determine what is best for their
schools and their children.
The CHAIRMAN. All time for debate has expired.
The question is on the amendment offered by the gentleman from
Louisiana (Mr. Vitter).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Mr. VITTER. Mr. Chairman, I demand a recorded vote, and pending that,
I make the point of order that a quorum is not present.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from Louisiana (Mr. Vitter)
will be postponed.
The point of no quorum is considered withdrawn.
The CHAIRMAN. It is now in order to consider Amendment Number 9
printed in House Report 107-69.
Amendment No. 9 Offered by Mr. Tiberi
Mr. TIBERI. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 9 offered by Mr. Tiberi:
At the end of the provision proposed to be added by section
701 of the bill, add the following:
``PART C--LOCAL FLEXIBILITY DEMONSTRATION
``SEC. 7301. SHORT TITLE.
This part may be cited as the ``Local Flexibility
Demonstration Act''.
``SEC. 7302. PURPOSE.
``The purpose of this part is to create options for local
educational agencies--
``(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 local educational agencies maximum freedom in
determining how to boost academic achievement and implement
education reforms;
``(5) to eliminate Federal barriers to implementing
effective local education programs;
``(6) to hold local educational agencies 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. 7303. AGREEMENTS TO PROVIDE LOCAL FLEXIBILITY.
``(a) Authority.--Except as otherwise provided in this
part, the Secretary shall enter into performance agreements--
``(1) with local educational agencies that meet their
State's definition of adequate yearly progress, that submit
approvable performance agreement proposals, and that are
selected under paragraph (2); and
``(2) under which the agencies may consolidate and use
funds as described in section 7304.
``(b) Selection of Local Educational Agencies.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall enter into performance agreements under this part with
not more than 100 local educational agencies. Each such local
educational agency shall be selected from among those local
educational agencies that--
``(A) submit a proposed performance agreement to the
Secretary and demonstrate, to the satisfaction of the
Secretary, that the agreement)
``(i) has substantial promise of meeting the requirements
of this part; and
``(ii) describes a plan to combine and use funds (as
authorized under section 7304) under the agreement to meet
the State's definition of adequate yearly progress);
``(B) provide information in the proposed performance
agreement regarding how the local educational agency has
notified the State of the local educational agency's intent
to submit a proposed performance agreement; and
``(C) have consulted and involved parents and educators in
the development of the proposed performance agreement.
``(2) Geographic distribution.--
``(A) In general.--
``(i) Initial agreements.--During the period of time that
expires 3 years after the date of enactment of the No Child
Left Behind Act of 2001, the Secretary may enter into not
more than 2 performance agreements under this part with local
educational agencies in each State.
``(ii) Subsequent agreements.--After the expiration of the
3-year period beginning on the date of enactment of the No
Child Left Behind Act of 2001, the Secretary may enter into
performance agreements under this part with any number of
local educational agencies in each State until the total
number of such agreements equals 100.
``(B) Urban and rural areas.--If more than 2 local
educational agencies in a State submit approvable performance
agreements under this part, the Secretary shall select local
educational agencies for performance agreements under this
part in a manner that ensures an equitable distribution among
such agencies serving urban and rural areas.
``(c) Required Terms of Performance Agreement.--Each
performance agreement entered into with the Secretary under
this part shall have each of the following terms:
``(1) Term.--The performance agreement shall be for a term
of 5 years.
``(2) Application of program requirements.--The performance
agreement shall provide that no requirements of any program
described in section 7304(b) and included by the local
educational agency in the scope of the agreement shall apply
to the agency, except as otherwise provided in this part.
``(3) List of programs.--The performance agreement shall
list which of the programs described in section 7304(b) are
included in the scope of the performance agreement.
``(4) Use of funds to improve student achievement.--The
performance agreement shall contain a 5-year plan describing
how the local educational agency intends to combine and use
the funds from programs included in the scope of the
performance agreement to advance the education priorities of
the State and the local educational agency, meet the general
purposes of the included programs, improve student
achievement, and narrow achievement gaps.
``(5) Local input.--The performance agreement shall contain
an assurance that the local educational agency will provide
parents, teachers, and schools with notice and an opportunity
to comment on the proposed terms of the performance agreement
in accordance with State law.
``(6) Fiscal responsibilities.--The performance agreement
shall contain an assurance that the local educational agency
will use fiscal control and fund accounting procedures that
will ensure proper disbursement of, and accounting for,
Federal funds consolidated and used under the performance
agreement.
``(7) Civil rights.--The performance agreement shall
contain an assurance that the local educational agency will
meet the requirements of applicable Federal civil rights laws
in carrying out the agreement and in consolidating and using
the funds under the agreement.
``(8) Private school participation.--The performance
agreement shall contain an assurance that the local
educational agency agrees that in consolidating and using
funds under the performance agreement--
``(A) the local educational agency will provide for the
equitable participation of students and professional staff in
private schools; and
``(B) that sections 8504, 8505, and 8506 shall apply to all
services and assistance provided with such funds in the same
manner as such sections apply to services and assistance
provided in accordance with section 8503.
``(9) Annual reports.--The performance agreement shall
contain an assurance that the local educational agency agrees
that not later than 1 year after the date on which the
Secretary enters into the performance agreement, and annually
thereafter during the term of the performance agreement, the
local educational agency shall disseminate widely to parents
and the general public, transmit to its State educational
agency and the Secretary, distribute to print and broadcast
media, and post on the Internet, a report that includes a
detailed description of how the local educational agency used
the funds consolidated under the agreement to improve student
academic achievement and reduce achievement gaps.
``(c) Approval.--Not later than 60 days after the receipt
of a proposed performance agreement submitted by a local
educational agency under this part, the Secretary shall
approve the performance agreement or provide the local
educational agency with a written determination that such
agreement fails to satisfy the requirements of this part.
``(d) Amendment to Performance Agreement.--
``(1) In general.--In each of the following circumstances,
the Secretary shall agree to amend a performance agreement
entered into with a local educational agency under this part:
``(A) Reduction in scope of performance agreement.--Not
later than 1 year after entering into the performance
agreement, a State seeks to amend the agreement to remove
from the scope any program described in section 7304(b).
``(B) Expansion of scope of performance agreement.--Not
later than 1 year after entering into the performance
agreement, a State seeks to amend the agreement to include in
its scope any additional program described in section 7304(b)
or any additional achievement indicators for which the State
will be held accountable.
``(2) Approval of amendment.--
``(1) In general.--Not later than 60 days after the receipt
of a proposed amendment to the performance agreement
submitted by a
[[Page H2537]]
local educational agency, the Secretary shall approve the
amendment or provide the agency with a written determination
that the amendment fails to satisfy the requirements of this
part.
``(B) Treatment as approved.--Each amendment for which the
Secretary fails to take the action required in subparagraph
(A) in the time period described in such subparagraph shall
be considered to be approved.
``(3) Treatment of program funds withdrawn from
agreement.--Beginning on the effective date of an amendment
executed under paragraph (1)(A), each program requirement of
each program removed from the scope of a performance
agreement shall apply to the local educational agency's use
of funds made available under the program.
``SEC. 7304. CONSOLIDATION AND USE OF FUNDS.
``(a) In General.--
``(1) Authority.--Under a performance agreement entered
into under this part, a local educational agency may
consolidate, subject to subsection (c), Federal funds made
available to the agency under the provisions listed in
subsection (b) and use such funds for any educational purpose
permitted under this Act.
``(2) Program requirements.--Except as otherwise provided
in this part, a local educational agency may use funds under
paragraph (1) notwithstanding the program requirements of the
program under which the funds were made available to the
State.
``(b) Eligible Programs.--Funds made available under
programs under each of the following provisions of this Act
may be consolidated and used under subsection (a):
``(1) Title II.
``(2) Part A of title IV.
``(3) Subpart 1 of part A of title V.
``(4) Part B of title V.
``SEC. 7305. LIMITATIONS ON ADMINISTRATIVE EXPENDITURES.
Each local educational agency that has entered into a
performance agreement with the Secretary under this part may
use for administrative purposes not more than 4 percent of
the total amount of funds allocated to the agency under the
programs included in the scope of the performance agreement.
``SEC. 7306. PERFORMANCE REVIEW AND PENALTIES.
``(a) Midterm Review.--The Secretary may not enter into a
performance agreement under this part unless the agreement
includes a provision permitting the Secretary, after notice
and an opportunity for a hearing, to terminate the agreement
if, during the term of the agreement, the local educational
agency that is party to the agreement fails to make adequate
yearly progress for 3 consecutive years.
``(b) Final Review.--If, at the end of the 5-year term of a
performance agreement entered into under this part, a local
educational agency that is party to the agreement has not met
the achievement goals contained in the performance agreement,
the Secretary may not renew the agreement under section 7307
and, beginning on the date on which such term ends, the local
educational agency shall be required to comply with each of
the program requirements in effect on such date for each
program included in the performance agreement.
``SEC. 7307. RENEWAL OF PERFORMANCE AGREEMENT.
``(a) In General.--Except as provided in section 7306(b)
and in accordance with this section, the Secretary shall
renew for 1 additional 5-year term a performance agreement
entered into under this part if the State that is party to
the agreement has met or has substantially met, by the end of
the original term of the agreement, the achievement goals
contained in the agreement.
``(b) Notification.--The Secretary may not renew a
performance agreement under this part unless, not less than 6
months before the end of the original term of the agreement,
the local educational agency seeking the renewal notifies the
Secretary of its intention to renew.
``(c) Effective Date.--A renewal under this section shall
be effective at the end of the original term of the agreement
or on the date on which the local educational agency seeking
renewal provides to the Secretary all data required under the
agreement, whichever is later.
``SEC. 7308. REPORTS.
``(a) Transmittal to Congress.--Not later than 60 days
after the Secretary receives a report described in section
7303(c)(9), 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.
``(b) Limitation.--A State in which a local educational
agency that is party to a performance agreement entered into
under this part is located may not require such local
educational agency to provide any application information
with respect to the programs included within the scope of
such performance agreement other than that information that
is required to be included in the report described in section
7303(c)(9).
``SEC. 7309. DEFINITIONS.
``In this part, the following definitions apply:
``(1) Adequate yearly progress.--The term `adequate yearly
progress' means the adequate yearly progress determined by
the State in which a local educational agency is located
pursuant to section 1111(b)(2)(C).
``(2) 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.''.
The CHAIRMAN. Pursuant to House Resolution 143, the gentleman from
Ohio (Mr. Tiberi) and the gentleman from California (Mr. George Miller)
will each control 15 minutes.
The Chair recognizes the gentleman from Ohio (Mr. Tiberi).
Mr. TIBERI. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I first would like to thank the gentleman from Ohio
(Mr. Boehner), chairman of the Committee on Education and the
Workforce, and the gentleman from Delaware (Mr. Castle), the chairman
of the Subcommittee on Education Reform, for their fine work on this
piece of legislation and for their support for the amendment that I am
offering at this time.
Mr. Chairman, this amendment expands upon what is already in this
bill, which is a good bill; and it will make this bill a better bill.
Under this amendment sponsored by myself and the gentleman from
Delaware (Mr. Castle), local school districts could sign performance
agreements with the Secretary of Education to allow them to consolidate
non-title I formula grant programs together.
Only two districts per State in all 50 States, for a total of 100
school districts, may do this. If approved by the Secretary, districts
could be relieved of the requirements of those Federal programs that
they consolidate.
If a school district is a failing school district, they may not
apply. School districts that fail to make progress during the
performance agreement contract may not continue to participate, thus
the Secretary may cancel the agreement.
This piece of legislation is supported by the National School Boards
Association, the Association of School Administrators, and the Council
of Great City Schools. It offers local flexibility, local
accountability, which will equal results.
Let us pass this amendment. Let us give additional tools to our
locally elected school board members, to our local superintendents, so
they can help the young men and women in our classroom.
Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself such
time as I may consume.
Mr. Chairman, I rise in opposition to this amendment. I think
basically the core problem with this amendment is that, in fact, the
block grant, the manner in which it is constructed and the school
districts that would, in fact, qualify for it really stands
accountability on its head.
In fact, you have the ability of a school district to be failing, if
you will, essentially almost 4 years out of 5 years, and at the same
time receive the ability to do this.
Mr. Chairman, I realize that the amendment suggests if you make
inadequate yearly progress, you can then have the block grant approach.
But the fact of the matter is, you can fail to meet adequately yearly
progress for 2 years, you could meet it a 3rd year or you could be back
again in 2 years and you continue to get the block grant approach.
I think that that takes away much of the accountability that we have
sought to have in this legislation. I think allowing the school
districts to use these grants eliminates the very purpose of which we
establish these priorities.
Why would we want to have a district eliminating spending on teacher
quality when we continue to have large numbers of uncertified and
unqualified teachers? Clearly in the legislation before us, we allow
for greater flexibility. We also recognize that there is a purpose and
a reason for these priorities. That is why we do not go to a block
grant.
We try to provide that flexibility, but we also try to make sure that
the purposes for which that money was sent is maintained by allowing
school districts to move some of that money back and forth across those
lines, but not too to engage in the block grant approach.
So for those reasons, Mr. Chairman, I oppose this amendment and would
ask my colleagues to oppose this amendment.
I think that the arrangement that we have arrived at within the
current legislation that is before us, that the gentleman from Indiana
(Mr. Roemer) and
[[Page H2538]]
others worked on to provide a substantially greater level of
flexibility for districts, is a better answer than to provide these
block grants.
Mr. Chairman, I reserve the balance of my time.
Mr. TIBERI. Mr. Chairman, I yield 3 minutes to the gentleman from
Delaware (Mr. Castle), the chairman of the Subcommittee on Education
Reform.
Mr. CASTLE. Mr. Chairman, I thank the gentleman from Ohio (Mr.
Tiberi), the sponsor of the amendment, for yielding the time to me.
Mr. Chairman, I join in support of it.
Before I speak to that, I would like to point out something which is
very important. We are actually talking about an amendment to something
else that was really created by the gentleman from Ohio (Mr. Boehner),
the chairman of the Committee on Education and the Workforce, the
gentlewoman from Hawaii (Mrs. Mink), who is here on the floor right
now, and various others, which is something called local Straight A's,
which we have never had before.
I think it is very important that all of us understand what we are
dealing with here, because I think local Straight A's was actually an
ingenious concept to really introduce flexibility in the use of Federal
dollars with respect to State and local governments which so many of us
have talked about for so long.
First of all, it is open to all districts and States, local
flexibility. Secondly, it is automatic flexibility. You can do it, you
do not have to get approval. You just go about doing it.
You can transfer up to 50 percent of the funds in any of the various
Federal programs with the exception of title I. Money can only be
transferred into title I, and you still must meet the program
requirements.
You can transfer up to 50 percent of the money and it coexists with
other proposals, such as education flexibility. It is something that
virtually all of us in the committee, once it was shaped, agreed upon
as something which is a vast improvement to what we have now. I would
hope that all of us in this Congress would understand that and would
support it.
Mr. Chairman, turning to the program at hand, which is, for lack of a
better term, superlocal flexibility, this is an extension beyond that.
The gentleman from Ohio (Mr. Tiberi) has very carefully thought this
out and deserves a lot of credit for it. And my colleagues heard the
description of it here.
But there are certain things we need to understand. First of all,
this is a pilot program which can only apply to 100 districts in 50
States, no more than two per State across our country. So we are not
dealing with all the States.
Second, this program, unlike the local flexibility, would be subject
to the approval of the Secretary. So you would have to enter into an
agreement with the Secretary in order to make sure that you are
carrying out your educational purposes correctly.
Next, the school district would have to make adequate, clear progress
or they cannot apply for this. So they would have to be able to
demonstrate that. It does include a variety of programs, the Teachers
Program in title II; the title IV(A), block grant; the title V (A),
safe and drug free schools; the technology programs and certain of the
bilingual programs.
{time} 1600
But the title I accountability remains and is still part of the
underlying concepts of what every school district has to do. The
schools must meet the general purposes of the program.
I believe, because of the limitation on it, it is a pilot program,
because of the Secretarial approval, because title I is still
protected, that giving this extension to those schools who feel they
can go this far, and I am not sure there are that many who feel they
can, but up to these 100 districts is worthwhile.
I happen to believe in pilot programs when I think it can extend the
good purpose of what we are trying to do in education. I believe that
is a concept that is embodied in the super-local flexibility program
which we have here before us. Remember, no school has to participate.
So I would encourage everyone to look at it to consider supporting
it, hopefully supporting it, and joining in giving us more flexibility
as we give more money back to the State and local education areas.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentleman from Wisconsin (Mr. Kind).
Mr. KIND. Mr. Chairman, I thank the gentleman from California for
yielding me this time. I, as a member of the Committee on Education and
the Workforce, reluctantly rise in opposition to the amendment.
Mr. Speaker, I have been a strong proponent for greater flexibility
at the local school level and in the course of drafting H.R. 1, working
in a bipartisan fashion, for the need for greater consolidation of the
Federal programs. H.R. 1 contains that consolidation and flexibility.
But with that consolidation comes incredible flexibility already
built into the core bill. In fact, between the various titles,
excluding title I, the targeted title for disadvantaged students, the
rest of the titles on H.R. 1 have 50 percent flexibility in the
transfer of funds from title to title. Therefore, I really do not see
the need for this amendment.
As the gentleman from Delaware (Mr. Castle) pointed out, I doubt
there are going to be many school districts that are in a position to
take advantage of it or willing to take advantage, because I believe
there are merits to having some specific titles with specific goals and
purposes underneath those titles.
In an era in which we are facing a 2.2 million teacher shortage over
the next 10 years, it does not really make sense to allow flexibility
of taking money out of the recruitment and retention and investing it
in quality teaching programs when we have such a shortfall.
At a time when most of us, especially parents with kids in the school
district already who are very concerned about school safety issues and
the bullying that is taking place on the school grounds, whether or not
schools should be taking money out of school safety programs or after-
school programs, for instance, I just do not think this is a judicious
use of the amendment process in asking for complete flexibility, even
though it is in a limited fashion, even though it is targeted at the
local school districts, because we have already built in in the
underlying bill an incredible amount of flexibility that we are giving
local school districts.
I do not think many of us really want to be able to answer back to
the constituents who we represent and the taxpayers when it comes to
accountability issues.
I think the gentleman from California (Mr. George Miller) did point
out a glaring weakness in the amendment, and that is in overriding
accountability provisions that are contained in H.R. 1. We are going to
deviate from that aspect with this amendment. So I encourage my
colleagues to oppose this and vote for the underlying bill.
Mr. TIBERI. Mr. Chairman, I yield 3 minutes to the gentleman from
Georgia (Mr. Isakson).
Mr. ISAKSON. Mr. Chairman, I thank the gentleman from Ohio (Mr.
Tiberi) for bringing this amendment to the floor. I rise in support of
it because I recognize there are unique circumstances where this type
of flexibility ought to be available to our systems.
Rather than making a general speech, I would like to use two specific
examples, the city of Dalton public schools in Georgia and the city of
Gainesville public schools in Georgia.
Ten years ago, both these systems had a Hispanic population that was
less than a fraction of a percent. Today, in the city of Dalton, the
percentage of Hispanic students is almost 60 percent, as it is in the
city of Gainesville.
This amendment recognizes that there are certain circumstances where
the uniqueness of challenges that confront a system are overriding.
To let my colleagues know how pressing that is, in the city of
Dalton, a gentleman by the name of Erwin Mitchell, 7 years ago, started
something called the Georgia Project, a project that exchanges teachers
from Georgia with the University of Monterey in Mexico to teach
Hispanic-speaking teachers English and English-speaking teachers
Spanish so when they exchange those students, and they
[[Page H2539]]
come to Georgia, that we have the ability to train children from their
primary language of Spanish to the language of English in a rapid
period of time.
This type of a circumstance directly addresses the gentleman's
amendment. Those two systems could apply to the Secretary and say we
have unique circumstances to which we aspire to perform. But we must
and need to move resources earmarked for one program into our programs
to speakers of other languages other than English.
It is a 5-year agreement. It is performance based. It allows a system
that has very unique circumstances, but circumstances that are entirely
troubling, to address them and confront them and use Federal funds to
do so.
So I think the gentleman from Ohio (Mr. Tiberi) and the gentleman
from Delaware (Mr. Castle) have recognized that there are places and
there are times and there are circumstances where maximum flexibility
should and ought to be granted. It should be based on the Department's
willingness to approve the application of the local system and a
contract between the two parties to address specifically the problem
that they are confronted with.
I think the gentleman from Ohio (Mr. Tiberi) and the gentleman from
Delaware (Mr. Castle) have recognized we have unique circumstances,
that this local flexibility allows us to address those; and I commend
the amendment to the body.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 3 minutes to
the gentlewoman from Hawaii (Mrs. Mink).
Mrs. MINK of Hawaii. Mr. Chairman, I thank the gentleman for yielding
me this time.
Mr. Chairman, I had the privilege of serving on the working group.
From the moment that the two sides, the majority and minority met,
there were two things which we laid on the table and said from the
viewpoint of the minority we could not possibly ever accept. One had to
do with vouchers and the other had to do with the block grants that we
refer to as Straight A's. There was absolutely no possibility that our
position could have been misunderstood.
So as we worked our way through all of the other matters that we were
confronted with in trying to develop a core bill, to the very end we
were absolutely certain that we would not accept a block grant
provision.
What has been written into the bill is not a block grant position at
all. It has to do with the transferability of funds from one program,
keeping the identified program restrictions. One could move from
teacher development into technology or into school safety, but if one
did transfer the funds from one project to another, one had to be sure
that the program restrictions were completely adhered to. That is not a
block grant. That is not Straight A's. That was the commitment that we
made on both sides in order to dispose of the possibility that we could
really engage in a debate on block grants.
Yet, here we are in developing this particular debate today, struck
with a block grant provision which is exactly the antithesis of what we
said we were going to come out and defend on the floor.
This is a pilot program. Certainly that is what it is. Two school
districts in every State is a modest beginning. It is a pilot program.
But without question, it is a block grant because it completely
obliterates the program definitions. One could just take the money and
spend it for whatever one wanted to. That certainly obliterates the
function of accountability for this Chamber.
We are accountable to taxpayers. It is our job to define what the
needs of our school districts are. We have defined it as teacher
quality being very, very important, the necessity to upgrade our school
systems so that they can meet the challenges of the future and
technology, school safety, and so forth.
We allow transferability. We are not being stiff about it. But
certainly we can see this before us without all the camouflage that
this is nothing more than a Straight A's on a pilot program designed to
go into the States and give to school districts the opportunity to
spend this particular title money for anything that they please. That
is certainly not accountability for us.
If we are demanding accountability on the schools and on the
teachers, on the principal, we ought to be accountable for defining how
monies are to be spent and not allow it to go for a block grant kind of
distribution.
Mr. TIBERI. Mr. Chairman, I yield 2 minutes to the gentleman from
Florida (Mr. Keller).
Mr. KELLER. Mr. Chairman, I thank the gentleman for yielding me this
time. I rise today in strong support of the Tiberi-Castle amendment.
For many years, the most dreaded words school board members would
hear is we are from Washington D.C. and we are here to help you. Why?
Because they only get 7 cents on every educational dollar from
Washington, D.C., yet over half of the red tape that they have to fill
out because of us. They wanted dramatic red-tape relief and
flexibility.
Right now, the bill as is is pretty good. They can use up to 50
percent of their non-title I money any way they want, switching it
around. But what we are saying in this particular amendment to 100
school districts is we are going to give you a chance to put your money
where your mouth is. We are going to give complete flexibility to the
first 100 districts who take us up on it, other than their title I
money, to use it however they want, however they see fit in exchange
for accountability.
That means, if a particular school does not have a problem with
teacher development or have a problem with drug prevention, but they do
not have computers wired to the Internet, then they can switch the
money they had from teacher development and wire the computers to the
Internet.
Similarly, if another school is completely wired to the Internet, but
they do not have enough money to hire new teachers or teacher
development, they can switch that money.
Complete flexibility, giving them the opportunity to do what is best.
No longer will we have a situation, we are here from Washington and we
are here to help. This gives them flexibility. It provides local
control. It is a positive step to improving our children's education.
If a school district does not believe that this is in their best
interest, then they certainly do not have to apply for it. I suspect
that we will have 100 school districts promptly apply to this.
I urge all my colleagues to vote yes on the Tiberi-Castle amendment.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 3 minutes to
the gentleman from Indiana (Mr. Roemer).
(Mr. ROEMER asked and was given permission to revise and extend his
remarks.)
Mr. ROEMER. Mr. Chairman, I rise in opposition to the amendment
offered by the gentleman from Ohio (Mr. Tiberi) and do so for three
reasons.
One reason is because we are here in this body to legislate and to
write substantive legislation in order to improve education for
children, not to respond with bumper sticker slogans like Straight A's
that make appeals to politics.
I am afraid that this proposal that we have offered is Straight A's,
plain and simple. It may be camouflaged. It may be Straight A's ultra-
lite, but it is block grants.
I encourage my colleagues, I implore my colleagues to read the bill
that we have worked on for 5 months. The bill we have worked on for 5
months sends Federal dollars directly to the classroom. Under this
amendment, one could divert up to 4 percent of the money for
administrative costs. We want the kids and the teachers getting the
money.
Secondly, the priorities are set by the communities, the local
community, the LEA, not the State, not a State plan, not a Governor,
our local communities.
Thirdly, it targets funds to the students that need it, the poor
students, the title I.
Lastly, it provides flexibility and local control.
That is all in the bill. Why do we want to change that for a bumper
sticker solution like Straight A's.
The second reason we should defeat this amendment is because it flies
in the face of accountability. Everything we are trying to do in this
bill is trying to attach accountability and better results with
flexibility. But under this amendment, one can have a school fail
[[Page H2540]]
to meet adequate yearly progress for 4 out of 5 years, that is a
failing school; and one still gets rewarded for that failure.
One is still able to divert funds to administrative costs or do other
things with the money instead of improving it for those children that
are not performing adequately.
Lastly, the Achilles heel of this bill is teacher quality. That is
something this Congress is going to have to continue to work on for a
decade to come. I do not think this bill adequately solves and looks in
innovative ways to solve that problem. This amendment exacerbates that
problem even more by allowing one to transfer money out of teacher
quality as well, too.
The base bill is strong. It allows transferability of up to 50
percent of funds as one meets adequate yearly progress. It is flexible.
It targets money to the poorest kids. It emphasizes teacher quality.
Do not succumb to the bumper-sticker solution to complicated
education problems in our communities. Vote down this amendment. Keep
with the bipartisan bill.
Mr. TIBERI. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Michigan (Mr. Upton).
Mr. UPTON. Mr. Chairman, I rise in strong support of the Tiberi-
Castle amendment.
I visit a school almost every week in my district; and I talk to a
lot of teachers, parents, administrators, and, yes, school board
officials, too. I have always believed in strong local control, that
the folks at the local level know best what they need to do for their
students and their teachers and their systems.
This is not a mandate. This amendment allows the school district to
participate if they choose to participate. It is their decision, not
some boilerplate language that comes down from on high.
{time} 1615
Now, as I have been listening to the debate for the last few minutes,
I hear a number of Members on the other side of the issue in fact
saying these words. They talk about we need to look at and define what
the needs of our school districts are; ``we'' being, I guess, the
Federal Government. No, the locals need to decide what is best for the
needs of their school districts, and that is exactly what this
amendment does. The school districts themselves determine what their
needs are. They alone decide whether they want to participate or not,
and whether it be teacher training or the Safe and Drug Free School
Act, technology training, or all those things.
No, they cannot steal money from title I, but they can put some of
this money into title I to expand that program. The flexibility is
there. If my colleagues are for local control, if they want those
decisions made at the local level, they need to vote for the Tiberi-
Castle amendment.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 3\1/2\ minutes
to the gentleman from New Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Mr. Chairman, I thank the gentleman from California for
yielding me this time, and I rise in support of the bipartisan
agreement to this bill and in respectful opposition to this amendment.
I understand the rationale of those who support this amendment; that
local school decision-makers more often than not make good decisions on
behalf of their students, and I agree with that conclusion. But I
believe that the flaw in this amendment is its misunderstanding of the
historical reasons why we have separate Federal programs for
educational needs. These programs are not borne out of a conclusion
that Washington knows best. They are borne out of the historical
reality that very often States and localities do not address, for a
variety of reasons, particular local needs.
Two of the areas in this proposal that are of particular concern are
teacher quality and technology. Many of us have read the recent
research studies which show that there will be an acute and severe
teacher shortage in our country in the years to come. Certainly we do
not have all the answers as to how to address that demand for teacher
quality, but we do know that very often, teacher quality ranks toward
the bottom of concerns of local school districts because of other
political considerations that are understandable. If they want to get
rid of varsity football, there will be 500 parents at a school board
meeting; but if they want to get rid of sabbaticals or summer programs
for the teachers, probably no one will show up.
In the area of technology, a similar argument applies. If the school
district decides it wants to get rid of the marching band or the drama
club, dozens of parents will come out and understandably protest
against such a decision; but if there is a decision to cut back on the
software contract or a decision not to upgrade the computers in the
learning resource center quite as quickly, we very often find no one
cares.
So I believe that the importance of defeating this amendment is the
recognition of the historical reality that Federal programs here are to
serve a discrete and necessary purpose that still compels and demands
our support. For that reason, I would ask my colleagues to join with
the bipartisan consensus of this bill and defeat the amendment.
Mr. TIBERI. Mr. Chairman, I yield 2 minutes to the gentleman from
Ohio (Mr. Boehner), the chairman of the Committee on Education and the
Workforce.
Mr. BOEHNER. Mr. Chairman, let me thank my colleague from Ohio and
congratulate him on this amendment, along with his partner, the
gentleman from Delaware (Mr. Castle).
Now, our friends across the aisle, who we have worked closely with
through this whole process, are right, they do not like this, and it is
why we do not have Straight A's in the bill, that is why we do not have
50 States, and that is why we do not have seven States. Now we are down
to 100 school districts in America as a demonstration project for one
reason, to let innovation shine.
Now, I think all my colleagues understand that title I is protected
under this demonstration project. Bilingual education programs are
protected. All of the targeting of resources going to school districts
is protected. All of the accountability standards that we have in our
bill still exist. But what it does say is that for 100 districts in
America, two in every State, we are going to give them an opportunity,
if they would like, in exchange for a higher accountability standard,
to have more increased flexibility.
Now, think about this for a moment. What happened in American
industry over the last 15 years? They began to empower their workers,
and as they began to empower their workers, guess what happened? We got
all kinds of new productivity in the economy. Every good company in
America today does everything they can to empower every one of their
workers.
What we are saying with this amendment is let us empower 100 school
districts in America to bring to Washington their best innovative ideas
about how they can better educate the children in their school district
in exchange for more flexibility and more accountability.
I think this is an opportunity to try. This is not the camel's nose
under the tent. This is an opportunity to say let us see what is
happening in America. Let us give them an opportunity to see how high
they can set the bar and to see what they can accomplish. It is a good
amendment and it deserves our support.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield the balance of
my time to the gentleman from Oregon (Mr. Wu).
The CHAIRMAN. The gentleman from Oregon is recognized for 2\1/2\
minutes.
Mr. WU. Mr. Chairman, I want to say this as respectfully as I
possibly can to all my friends in the Chamber. For the folks who just
passed a huge, huge mandate on local schools, mandatory national
testing, I find this flip-flop of positions absolutely breathtaking. It
is one of the striking things we can do in this Chamber.
We debated block grants in the First Congressional District of
Oregon, and the decision was pretty darn clear. Not only do Oregonians,
and I think most Americans, want some accountability for public dollars
spent for public purposes, that is the least that we can do for Federal
funds that are spent for identifiable purposes in this bill.
[[Page H2541]]
Also, I think Oregonians and most Americans can recognize that block
grants are step one of a cynical two-step process. First, you muddy up
the waters so that you cannot identify where the money is going
anymore; and then the second step is you cut. You cut the support. It
is like stretching out a chicken's neck. That is step one. And then the
chop comes down.
Step two. It is a cynical two-step process to cut Federal support for
education. That was the debate we had in Oregon. The perspective I have
on this prevailed in that debate, and I hope it does today.
I urge opposition respectfully to the gentleman's amendment.
Mr. TIBERI. Mr. Chairman, I yield myself the balance of my time.
The CHAIRMAN. The gentleman from Ohio is recognized for 2\1/2\
minutes.
Mr. TIBERI. Mr. Chairman, in Ohio, we have 611 school districts.
Within my Congressional District, I have urban, suburban, and rural
public school districts. I know of at least one school district, the
one I happened to graduate from, that would not be eligible to even
apply for this program.
The point of the matter is, out of those rural, suburban, and urban
school districts, those superintendents and school board members of
those public schools within my district have told me what their
problems are, and their problems with respect to Federal funding are,
in many cases, quite different. What we are doing today with this
amendment, Mr. Chairman, is giving them the elected school boards in
public schools throughout America, the ability to decide how to spend
the dollars that they send to Washington, D.C.
I urge this House to support the amendment.
Mr. PETRI. Mr. Chairman, I rise in support of the Tiberi-Castle
amendment, which would place academic results instead of rules and
regulations at the center of federal education programs.
Since enactment of the Elementary and Secondary Education Act 36
years ago, our approach to helping schools has been very inflexible and
heavy-handed. We have set strict regulations as to what communities can
and cannot do with federal education dollars, and what priorities they
have to set.
It has become clear that this approach hasn't worked. After all the
billions of dollars spent by the federal government since 1965, we
haven't seen a narrowing of the rich-poor educational gap, schools are
neither safe nor drug-free, and it seems that much of the
``professional development'' money is wasted. It's far past time to try
another approach.
I have strongly supported previous proposals to give states and
localities more flexibility in the use of federal funds, in return for
real accountability, such as the ``Straight A's'' bill in the last
Congress and the President's ``Charter States'' proposal in the
original version of H.R. 1.
I think the Tiberi-Castle amendment is also a step forward in this
regard.
Building on the ``Local A's'' provision in the Committee-reported
bill, up to 100 school districts can enter into performance agreements
with the Secretary of Education and consolidate programs, freeing
themselves from requirements, regulations, and paperwork associated
with many federal programs, and allocating resources to more closely
fit local needs.
Participation is completely voluntary, and no school district will
have their federal funding reduced by one penny for participating.
This amendment will apply the central premise of charter schools--
freedom in return for academic results--to local educational agencies,
and allow them to spend more time and resources on teaching and less on
meeting requirements of various federal programs.
I urge my colleagues to support this amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Ohio (Mr. Tiberi).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Recorded Vote
Mr. GEORGE MILLER of California. Mr. Chairman, I demand a recorded
vote.
A recorded vote was ordered.
The CHAIRMAN. The Chair announces that, pursuant to clause 6 of rule
XVIII, proceedings will resume on amendment No. 8 offered by the
gentleman from Louisiana (Mr. Vitter) immediately after this vote, and
that a vote on amendment No. 8, if ordered, will be reduced to 5
minutes.
The vote was taken by electronic device, and there were--ayes 217,
noes 209, not voting 6, as follows:
[Roll No. 132]
AYES--217
Aderholt
Akin
Armey
Bachus
Baker
Ballenger
Barr
Bartlett
Barton
Bass
Bereuter
Biggert
Bilirakis
Blunt
Boehner
Bonilla
Bono
Brady (TX)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Castle
Chabot
Chambliss
Coble
Collins
Combest
Cooksey
Cox
Crane
Crenshaw
Culberson
Cunningham
Davis, Jo Ann
Davis, Tom
Deal
DeLay
DeMint
Diaz-Balart
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ferguson
Flake
Fletcher
Foley
Fossella
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Goode
Goodlatte
Goss
Graham
Graves
Green (WI)
Greenwood
Grucci
Gutknecht
Hall (TX)
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hulshof
Hunter
Hutchinson
Hyde
Isakson
Issa
Istook
Jenkins
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
Kerns
King (NY)
Kingston
Kirk
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (OK)
Manzullo
McCrery
McHugh
McInnis
McKeon
Mica
Miller (FL)
Miller, Gary
Moran (KS)
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Osborne
Ose
Otter
Oxley
Paul
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Portman
Pryce (OH)
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Reynolds
Riley
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryan (WI)
Ryun (KS)
Saxton
Scarborough
Schaffer
Schrock
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Spence
Stearns
Stump
Sununu
Sweeney
Tancredo
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Tiberi
Toomey
Traficant
Upton
Vitter
Walden
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
NOES--209
Ackerman
Allen
Andrews
Baca
Baird
Baldacci
Baldwin
Barcia
Barrett
Becerra
Bentsen
Berkley
Berman
Berry
Bishop
Blagojevich
Blumenauer
Boehlert
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Capps
Capuano
Cardin
Carson (IN)
Carson (OK)
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Costello
Coyne
Cramer
Crowley
Cummings
Davis (CA)
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frost
Gephardt
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Hill
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson (CT)
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kind (WI)
Kleczka
Kucinich
LaFalce
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Lucas (KY)
Luther
Maloney (CT)
Maloney (NY)
Markey
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller, George
Mink
Mollohan
Moore
Moran (VA)
Morella
Murtha
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Phelps
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rivers
Rodriguez
Roemer
Ross
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schakowsky
Schiff
Scott
Serrano
Sherman
Shows
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Stenholm
Strickland
Stupak
Tanner
Tauscher
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Velazquez
Visclosky
Waters
[[Page H2542]]
Watt (NC)
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOT VOTING--6
Abercrombie
Cubin
Frank
Granger
Hansen
Moakley
{time} 1646
Messrs. GORDON, LARSEN of Washington, and Schiff changed their vote
from ``aye'' to ``no.''
Mr. HORN changed his vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
____________________